Agenda — Pacifica City Council, July 10, 2023 (part 2 of 3)

Section 26. Past Practices and Existing Memoranda of Understanding

26.1 Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding.

26.2 This Memorandum of Understanding shall supersede all existing memoranda of understanding between the City and the Union.

26.3 No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from adjustment Board or arbitration proceedings under Section 22) will be recognized unless agreed to by the City Manager and the Teamsters Local 350, provided that nothing herein shall prevent the City from adjusting past practices to conform with clear contract language.

26.4 All existing side letters that are not incorporated into this memorandum of Understanding shall terminate on the effective date of this Memorandum.

Section 27. Additional Provisions

27.1 Term of Agreement
The parties acknowledge that this Memorandum must be presented to and approved by the City of Pacifica City Council. Unless otherwise specifically stated in this MOU, this Memorandum shall become effective on the date approved by the City Council, and shall remain in effect through June 30, 2023.

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27.2 Negotiations for a Successor Memorandum of Understanding No later than March 15, 2025, the City and the Association shall begin negotiationsfor a successor Memorandum of Understanding by exchanging initial conceptual proposals.

Made and entered into this day of 2023.

TEAMSTERS LOCAL 350 CITY OF PACIFICA
d, President Teamster
Local Union 350
By
Kevin Woodhouse, City Manager
By: Y\.--By..:...

Rey
Teamster Local
Management
MP #4846-4618-3540 v4
Yulia Carter Assistant City
Manager

APPROVED AS TO FORM
By:--"'<-..._ --+---+--
Michelle Kenyon
City Attorney
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APPENDIX A

COMPLETE LIST OF CLASSIFICATIONS

INCLUDED IN MANAGEMENT EMPLOYEES UNIT
Associate Civil Engineer
Associate Planner
Childcare Supervisor
Deputy Fire Chief
Field Services Manager
Food I Senior Services Supervisor
Management Analyst I/II
MIS Manager
Paramedic Coordinator
Public Works Superintendent
Public Works Supervisor
WWTP Assistant Superintendent- Maintenance
WWTP Assistant Superintendent- Operations
WWTP Collections System Manager
WWTP Plant Manager

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APPENDIX B-1
2020-2021 MISCELLANEOUS MEMBER SALARY SCHEDULE
Salary Range
Position Minimum Maximum
Senior Civil Engineer 9,900 11,614
Associate Civil Engineer 8,717 10,222
Senior Planner 8,631 10,177
Associate Planner 7,605 8,967
Childcare Supervisor 7,446 8,564
Management Analyst I/II 7,954 10,026
Field Services Manager 11,010 12,661
Food/Senior Services Supervisor 7,446 8,564
Recreation Manager 9,308 10,705
Information Systems and Technology Manager 10,120 12,485 Public Works Superintendent 8,960 10,819
WWTP Assistant Superintendent - Maintenance 9,900 11,614 WWTP Assistant Superintendent - Operations 9,900 11,614 WWTP Collections System Manager 10,648 12,491
WWTP Plant Manager 10,648 12,491

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APPENDIX B-2
Position
2020-2021 SAFETY MEMBER SALARY SCHEDULE
Salary Range
Minimum Maximum
Deputy Fire Chief
Paramedic Coordinator
16,332 17.095
10,935 15,691

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APPENDIX B-3
2021-2022-MISCELLANEOUS MEMBER SALARY SCHEDULE
(2% Increase)
2021-2022 SAFETY MEMBER SALARY SCHEDULE
(2% Increase+ 1% Equity Adjustment)
2021-22 Salary Schedule
Teamsters Management Local 350 - Misc
Associate Civil Engineer $ 8,891 $ 10,426
Associate Planner $ 7,757 $ 9,146
Childcare Supervisor $ 7,595 $ 8,735
Field Services Manager $ 11,230 $ 12,914
Food/Senior Services Supervisor $ 7,595 $ 8,735
Information Systems and Technology Manager $ 10,400 $ 12,896 Management Ana]yst I/II $ 8,113 $ 10,227
Public Works Superintendent $ 9,139 $ 11,035
Recreation Manager $ 9,494 $ 10,919
Senior Civil Engineer $ 10,098 $ 11,846
Senior Planner $ 8,804 $ 10,381
WWTP Assistant Superintendent - Maintenance $ 10,098 $ 11,846 WWTP Assistant Superintendent- Operations $ 10,098 $ 11,846 WWTP Collections System Manager $ 10,861 $ 12,741
WWTP Plant Manager $ 10,861 $ 12,741
2021-22 Salary Schedule
Teamsters Management Local 350 - Public Safety
Deputy Fire Chief $ 16,822 $ 17,608
Paramedic Coordinator $ 11,263 $ 16,162

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APPENDIX B-4
2022-2023-MISCELLANEOUS MEMBER SALARY SCHEDULE
(2% Increase)
2022-2023 SAFETY MEMBER SALARY SCHEDULE
(2% Increase+ 1% Equity Adjustment)
2022-23 Salary Schedule
Teamsters Management Local 350 - Misc
Associate Civil Engineer $ 9,069 $ 10,635
Associate P1anner $ 7,912 $ 9,329
Childcare Supervisor $ 7,747 $ 8,910
Field Services Manager $ 11,455 $ 13,173
Food/Senior Services Supervisor $ 7,747 $ 8,910
Information Systems and Technology Manager $ 10,608 $ 13,154 Management Analyst I/II $ 8,275 $ 10,431
Public Works Superintendent $ 9,322 $ 11,256
Recreation Manager $ 9,684 $ 11,137
Senior Civil Engineer $ 10,300 $ 12,083
Senior Planner $ 8,980 $ 10,588
WW1P Assistant Superintendent - Maintenance $ 10.300 $ 12.083 WW1P Assistant Superintendent- Operations $ 10,300 $ 12,083 WWTP Collections System Manager $ 11,078 $ 12,996
WW1P P1ant Manager $ 11,078 $ 12,996
2022-23 Salary Schedule
Teamsters Management Local 350 – Public Safety
Deputy Fire Chief $ 17,327 $ 18,136
Paramedic Coordinator $ 11,601 $ 16,647

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PPENDIX B-1
2023-24 Salary Schedule
Teamsters Management Local 350 - Misc
Effective July 1, 2023 (First Full Pay Period)
2% Increase + 1%-4% Equity Increase
Monthly Range
Minimum Maximum
Associate Civil Engineer $ 9,069 $ 10,635 $ 9,341 $ 10,954 Associate Planner $ 7,912 $ 9,329 $ 8,150 $ 9,609
Engineering Manager $ 11,078 $ 12,996 $ 11,632 $ 13,646 Field Services Manager $ 11,455 $ 13,173 $ 11,913 $ 13,699 Information Systems and Technology Manager $ 10,608 $ 13,154 $ 11,032 $ 13,680 Management Analyst I/II $ 8,275 $ 10,431 $ 8,441 $ 10,640 Public Works Superintendent $ 9,322 $ 11,256 $ 9,695 $ 11,706 Recreation Manager $ 9,684 $ 11,137 $ 10,168 $ 11,694
Recreation Supervisor (Child Care, Senior
Services, Recreation
$ 7,747 $ 8,910 $ 8,057 $ 9,266
Senior Civil Engineer $ 10,300 $ 12,083 $ 10,815 $ 12,687 Senior Code Enforcement Officer $ 8,154 $ 9,890
Senior Planner $ 8,980 $ 10,588 $ 9,339 $ 11,012
WWTP Assistant Superintendent – Maintenance $ 10,300 $ 12,083 $ 10,506 $ 12,325 WWTP Assistant Superintendent- Operations $ 10,300 $ 12,083 $ 10,506 $ 12,325 WWTP Collections System Manager $ 11,078 $ 12,996 $ 11,521 $ 13,515 WWTP Plant Manager $ 11,078 $ 12,996 $ 11,521 $ 13,515
2023-24 Salary Schedule
Teamsters Management Local 350 - Public Safety
Effective July 1, 2023 (First Full Pay Period)
2% Increase + 3% Equity Increase = 5% Total
Monthly Range
Minimum Maximum
Deputy Fire Chief $ 17,327 $ 18,136 $ 18,193 $ 19,043
Paramedic Coordinator $ 11,601 $ 16,647 $ 12,181 $ 17,479

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Packet Pg. 259 Attachment: Attachment 3 - MOU TEAMSTERS 350 MGMT Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the Created:

By:

Status:

Transaction ID:
2021-10-15
Monique Martin ([email protected])
Signed
CBJCHBCAABAAY85RCCHIMx1yg8-B2s4TiOJVyiRwz-aW
Approved-2021-2023 Local 350 Management
Employees MOU_ recvd 10.11.21_Electronic
Signature -10.15.21
Final Audit Report 2021-10-15
"Approved-2021-2023 Local 350 Management Employees MOU
_ recvd 10.11.21_Electronic Signature -10.15.21" History Document created by Monique Martin ([email protected]) 2021-10-15 - 8:12:09 PM GMT- IP address: 68.65.87.99
Document emailed to Tina Wehrmeister ([email protected]) for signature 2021-10-15 - 8:13:32 PM GMT
Email viewed by Tina Wehrmeister ([email protected]) 2021-10-15 - 8:13:53 PM GMT- IP address: 54.183.235.223 Document e-signed by Tina Wehrmeister ([email protected]) Signature Date: 2021-10-15 - 8:14:36 PM GMT - Time Source: server- IP address: 68.65.87.99 Document emailed to Kevin Woodhouse ([email protected]) for signature 2021-10-15 - 8:14:38 PM GMT
Email viewed by Kevin Woodhouse ([email protected]) 2021-10-15 - 8:38:37 PM GMT- IP address: 52.53.214.78
Document e-signed by Kevin Woodhouse ([email protected]) Signature Date: 2021-10-15 - 8:39:07 PM GMT - Time Source: server- IP address: 68.65.87.99 Agreement completed.
2021-10-15 - 8:39:07 PM GMT

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MEMORANDUM OF

UNDERSTANDING

BETWEEN

THE CITY OF PACIFICA
And
TEAMSTERS LOCAL 856
Miscellaneous Bargaining Unit
2023-2025
ATTACHMENT 4

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TABLE OF CONTENTS
Page
SECTION 1. UNION RECOGNITION..........................................................................................1 SECTION 2. ORGANIZATION SECURITY ............................................................................... 1

2.1 Dues Deduction.......................................................................................................1

2.2 Changes Or Cancellation of Deductions .................................................................2

2.3 Indellll1ification ......................................................................................................2

2.4 Development of Law...............................................................................................2

2.5 Government Code Provisions Incorporated By Reference......................................2 SECTION 3. NO DISCRIMINATION ...........................................................................................3 SECTION 4. UNION REPRESENTATIVES................................................................................ 3

4.1 Bargaining Unit Represented Employee Contact Information................................3

4.2 Union Access to New Employee Orientation..........................................................3

4.3 Attendance at Meetings by Unit Members..............................................................4

4.4 Access to Work Locations.......................................................................................4

4.5 Use of City Facilities...............................................................................................4

4.6 Use of Bulletin Boards............................................................................................5

4.7 Advance Notice...................................................................................................... 5 SECTION 5. CONTRACTING OUT ............................................................................................ 5 SECTION 6. LABOR MANAGEMENT COMMITTEE ...............................................................5 SECTION 7. PAY PLAN................................................................................................................6

7.1 Base Salaries-Bargaining Unit Classifications .....................................................6

7.2 Salary Schedule Increase.........................................................................................6

7.3 Salary Schedule Regulations...................................................................................6

7.4 One-Time Lump Sum Payment for Fiscal Year 2021-2022 and Fiscal Year 2022-2023................................................................................................................6

7.5 Hourly Rate of Pay..................................................................................................7

7.6 Certification/Driver's License Pay..........................................................................7

7.7 Civil Engineer License ............................................................................................7

7.8 Salary for New Unit Represented Employees........................................................7

7.9 Conversion of Rates................................................................................................7

7.10 Pay Days................................................................................................................. 8

7.11 Merit Salary Increases.............................................................................................8

7.12 Exceptional Contribution Adjustment.................................................................... 8

7.13 Salary Upon Transfer or Promotion ........................................................................9

7.14 Child Care Split Shift Differential Pay....................................................................9 -1-

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TABLE OF CONTENTS
(continued)
Page

7.15 Work Out of Classification/Limited Assignment....................................................9

7.16 Pesticide Control Advisor Certificate Pay.............................................................10

7.17 Safe Food Protection Manager Certificate Pay .....................................................10 SECTION 8. ANNIVERSARY DATE.........................................................................................10 SECTION 9. HOURS OF WORK ................................................................................................10

9.1 Hours of Work.......................................................................................................10

9.2 Call Back.............................................................................................................. 10

9.3 Sewer Calls............................................................................................................11 SECTION 10. OVERTIME ......................................................................................................... 11

10.1 Authorization........................................................................................................ 11

10.2 Definition ..............................................................................................................11

10.3 Major Emergency................................................................................................. 11 SECTION 11. MEAL ALLOWANCE......................................................................................... 11 SECTION 12. STAND-BY PAY..................................................................................................12 SECTION 13. LAYOFF ...............................................................................................................12

13.1 Layoff....................................................................................................................12 SECTION 14. HOLIDAYS...........................................................................................................12 SECTION 15. VACATIONS........................................................................................................13

15.1 Eligibility...............................................................................................................13

15.2 Vacation Credits Accrual ......................................................................................13

15.3 Time Charged........................................................................................................14

15.4 Vacation Credits Advance.....................................................................................14

15.5 Vacation Scheduling and Accumulation ...............................................................14

15.6 Sick Leave During Vacation .................................................................................14

15.7 Separation from Service ........................................................................................14

15.8 Return/Sell-Back of Vacation ...............................................................................15 SECTION 16. SICK LEAVE....................................................................................................... 15

16.1 Sick Leave Plan.................................................................................................... 15

16.2 Incapacity to Perform Duties ................................................................................16

16.3 Sick Leave at Retirement ......................................................................................16

16.4 Sick Leave at Termination.....................................................................................16 SECTION 17. LEAVES OF ABSENCE ......................................................................................16

17.1 Family Illness Leave .............................................................................................16

17.2 Jury Duty...............................................................................................................17 -11-

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TABLE OF CONTENTS
(continued)
Page

17.3 Military Leave.......................................................................................................17

17.4 Campaign Leave ...................................................................................................17

17.5 Leave of Absence Without Pay.............................................................................17

17.6 Bereavement Leave...............................................................................................18

17.7 Absence Without Official Leave...........................................................................18

17.8 Disability Leave With Pay ....................................................................................18

17.9 Family Care and Medical Leave ...........................................................................19

17.10 Pregnancy Disability Leave ..................................................................................23 SECTION 18. HEALTH AND WELFARE .................................................................................24

18.1 Medical Insurance - City Contributions................................................................24

18.2 Dental, Orthodontia, and Vision ...........................................................................27

18.3 Life and Disability Insurance ................................................................................27

18.4 Domestic Partners Health Benefits........................................................................28

18.5 Coverage During Unpaid Leave............................................................................28

18.6 Medical Flexible Spending Account .....................................................................28

18.7 Dependent Care Flexible Spending Account.........................................................28

18.8 Commuter Assistance Account .............................................................................28

18.9 VantageCare Retirement Health Savings Account................................................29

18.10 Participation in Tax-Sheltered Annuities ..............................................................29

18.11 Participation in IRS 457 Deferred Compensation Plan.........................................29 SECTION 19. SAFETY EQUIPMENT........................................................................................30 SECTION 20. UNIFORM AND TOOL ALLOWANCE .............................................................30 SECTION 21. TUITION REIMBURSEMENT............................................................................30 SECTION 22. PROBATIONARY PERIOD ................................................................................31

22.1 Duration of Probationary Period ...........................................................................31

22.2 Termination .......................................................................................................... 31

22.3 Time Credited........................................................................................................31

22.4 Regular Status .......................................................................................................31

22.5 Layoff....................................................................................................................31

22.6 Transfer .................................................................................................................32

22.7 Promotions ............................................................................................................32 SECTION 23. DISMISSAL, SUSPENSION, OR DEMOTION FOR CAUSE ...........................32 SECTION 24. GRIEVANCES......................................................................................................32

24.1 Definition ..............................................................................................................32 -111-

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TABLE OF CONTENTS
(continued)
Page

24.2 Procedure...................................................................................................................32

24.3 Final And Binding .....................................................................................................33

24.4 No Change to Memorandum....................................................................................34

24.5 Demotion, Suspension, and Dismissal Grievances.................................................34

24.6 Compensation Complaints .......................................................................................34

24.7 Mutual Agreement on Changes................................................................................34 SECTION 25. RETIREMENT..........................................................................................................35

25.1 Unit represented employees are provided retirement benefits under the California Public Employee Retirement System (CalPERS) as described in this Section ................................................................................................................35

25.4 Converting Sick Leave Balance ...............................................................................37

25.5 Other Options Included In CalPERS Contract........................................................37

25.6 Implementation of lnternal Revenue Code Section 414(h)(2) ..............................37 SECTION 26. NO STRIKE ..............................................................................................................38 SECTION 27. SEPARABILITY OF PROVISIONS.......................................................................38 SECTION 28. PAST PRACTICES, AND PRIOR/ EXISTING MEMORANDA OF UNDERSTANDING .............................................................................................38 SECTION 29. TERM OF AGREEMENT .......................................................................................38 SECTION 30. NEGOTIATIONS FOR A SUCCESSOR MEMORANDUM OF
UNDERSTANDING .............................................................................................38 APPENDIX A...................................................................................................................................40 APPENDIX B-1................................................................................................................................42 APPENDIX B-2................................................................................................................................47 -IV5.k
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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF PACIFICA
AND
TEAMSTERS UNION LOCAL 856
Miscellaneous Bargaining Unit
The Teamsters Union Local 856 for Miscellaneous Unit represented employees ("Union") and representatives of the City of Pacifica ("City") have met and conferred in good faith regarding wages, hours, and other terms and conditions of employment for the unit represented employees in the represented unit, and have freely exchanged information, and proposals, and have endeavored to reach agreement on all matters relating to the employment conditions and employer-unit represented employee relations of such unit represented employees.

This Memorandum of Understanding ("MOU") is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500 et. seq.) and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to the City Council as the joint recommendations of the undersigned for terms and conditions of employment for the period beginning on the date the revisions to this MOU were approved by the City Council and ending on June 30, 2025 As used throughout this Memorandum of Understanding, the pronoun designation "he" or "his" is intended to be applicable to both the male, female, and non-binary genders.

SECTION 1. UNION RECOGNITION
City and Union restate their joint commitment to the achievement and maintenance of a relationship built on open communication and the equitable resolution of the concerns of each party regarding wages, hours, and other terms and conditions of employment.

The City recognizes the Union as the exclusive representative of bargaining unit represented employees in the City's Miscellaneous Bargaining Unit. The City's Miscellaneous Bargaining Unit includes the classifications listed in Appendix A to this MOU. The City Manager or any person duly authorized by the City Manager is the representative of the City of Pacifica.

SECTION 2. ORGANIZATION SECURITY

2.1 Dues Deduction
The City shall rely on a written certification from the Union requesting a deduction or reduction from employees' salaries or wages confirming that the Union has and will maintain individual signed employee authorizations affirmatively consenting to dues deductions consistent with the law. After providing the required certification, the Union shall not be required to provide a copy of individual authorizations to the City unless a dispute arises about the existence or terms of the authorization.

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Based on the certification from the Union described above, the City shall deduct monthly, the amount of Union regular and periodic dues and fees, insurance premiums, and any special membership assessments as may be specified by the Union under the authority of an authorization card furnished by the Union. Dues deduction for any individual shall be made only upon the written request of the Union.

The deductions, together with a written statement of the names and amounts deducted, shall be forwarded promptly to the Union office at the address specified by the Union.

The City shall provide the Union with a list of newly hired unit members as required by Section

4.1. The unit member's earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions authorized by this Section. When a unit member is in a nonpay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings nor will the unit member deposit the amount with the City which would have been withheld if the unit member had been in pay status during that period. If a unit member is in a non-pay status during a part of the pay period, and that unit member's salary is not sufficient to cover the full withholding, the City shall not deduct Union dues. In this connection, all other required deductions have priority over the Union dues and unit member organization deduction.

2.2 Changes Or Cancellation of Deductions
Dues deductions may be revoked only pursuant to the terms of the employee's written authorization. The City shall direct employee requests to cancel or change deductions to the Union. As required by state law, the City shall rely on information provided by the Union regarding whether deductions for the Union were properly canceled or changed.

2.3 Indemnification
The Union shall indemnify and hold harmless the City, its officers, and employees, from and against any and all loss, damages, costs, expenses, claims, attorney fees, demands, actions, suits, judgments, and other proceedings arising out of any action relating to this Section 2. The Union shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.

2.4 Development of Law
In the event any portion of the California Government Code is amended to address the transfer of monies between the Union and the City, the parties will reopen this section of the MOU to meet and confer regarding the change in law.

2.5 Government Code Provisions Incorporated By Reference The parties incorporate by reference the provisions of Government Code sections 1150- 1157.12.

2.6 TEAMSTERS’ D.R.I.V.E. PROGRAM - (Democrat, Republican, Independent, Voter Education.)

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The City is currently engaged in changing Pay-roll providers. If the City’s new Pay-roll provider can provide the following pay-roll deductions with no additional cost, the City agrees to the following:

To provide payroll deductions for those members who voluntarily elect to participate in the Teamster DRIVE program (civic engagement for voter registration and political education), D.R.I.V.E., or Democrat, Republican, Independent Voter Education, is the Teamsters’ political action committee.

D.R.I.V.E is non-partisan and independent from any political party. D.R.I.V.E. is supported through voluntary contributions from Teamster members. Such donations are not U.S. Tax Deductible.

The employer agrees to deduct from the paycheck of all employees covered by this agreement voluntary contributions to D.R.I.V.E. D.R.I.V.E shall notify the employer of the amounts designated by each contributing employee that are to be deducted from their paycheck on a weekly basis for all weeks worked. The employer shall transmit to DRIVE national headquarters on a monthly basis, in one (1) check the total amount deducted along with the name of each employee on whose behalf a deduction is made, the employee's social security number and the amount deducted from that employee's check.

The Union agrees to hold the Employer harmless from loss of any judgment of a court of competent jurisdiction and from any order of the Labor Commissioner or agency of government in connection with or arising out of any deduction made pursuant to this Agreement.

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SECTION 3. NO DISCRIMINATION
The City of Pacifica prohibits harassment and discrimination in the workplace on the basis of race, religious creed, color, national origin, citizenship status, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex (including pregnancy, childbirth, and related medical conditions), gender, gender identity, gender expression, age, sexual orientation, AIDS/HIV, medical condition, political activities or affiliations, military and veteran status, status as a victim of domestic violence, assault, or stalking, or legitimate unit member organization activities.

It is the policy of the City that all unit represented employees have the right to work in an environment free from any such harassment and discrimination. Such prohibited activity debilitates the morale and productivity of the victims and their co-workers. The City does not condone any form of such harassment or discrimination and those who engage in such activities shall be subject to disciplinary action up to and including termination.

SECTION 4. UNION REPRESENTATIVES

4.1 Bargaining Unit Represented Employee Contact Information To the extent required by Government Code Section 3558, the City shall provide the Union President with a list of names and contact information (listed below) for any newly hired unit represented employee within 30 days of the date of hire or by the first pay period of the month following hire. The City shall also provide the Union a list of all unit represented employee names and contact information on the last working day of September, January, and May. The information shall include the following information except for any information subject to exclusion pursuant to Government Code Section 6254.3(c):
• Employee name,
• Job title,
• Department,
• Work location,
• Home address, and
Work, home and personal telephone numbers and personal email addresses on file with the City.

4.2 Union Access to New Employee Orientation
The City will provide a written statement to each new bargaining unit represented employee that the classification is part of a bargaining unit represented by the Union, and the name of a representative of the Union. The City will provide the employee with a packet of information and an electronic membership application form supplied by the Union.

The City will provide the Union President not less than ten (10) days' notice of the onboarding orientation meeting held between the Human Resources Department representatives and new

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bargaining unit represented employees, including the date, time and location of the orientation meeting. If a bargaining unit represented employee's first day of work begins less than ten (10) days after the date the employee is hired, the 10-day notice requirement may be reduced, and the City will instead provide as much advance notice as reasonably possible of the orientation meeting.

The City will allow a Teamsters Local 856-unit member representative and/or a Teamsters Local 856 outside labor representative to spend up to thirty (30) minutes with the new unit represented employee at the end of the onboarding orientation meeting in order to provide information and materials about the MOU and related matters. No representative of City management shall be present during the Union's presentation. A bargaining unit member attending the onboarding orientation meeting as the Union representative shall be given paid release time sufficient to cover the Union's presentation and related travel time. The Union will provide the Human Resources Department with the names of any bargaining unit represented employees who they request to be released for this purpose as soon as reasonably possible, and at least 48 hours before the meeting.

4.3 Attendance at Meetings by Unit Members
Unit members who are official representatives of the Union shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City Manager. Such unit member representatives may be required to submit a written request for excused absence to their respective department director, with an information copy to the Assistant City Manager/Human Resources Department, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of unit members excused for such purposes shall not exceed five (5).

4.4 Access to Work Locations
Reasonable access to unit represented employee work locations shall be granted officers of the Union and their officially designated representatives, for the purpose of processing grievances or contacting members of the Union concerning business within the scope of representation.

Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.

Solicitation of membership and activities concerned with the internal management of the Union, such as collecting dues, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours unless approved in advance by the City Manager or designee.

4.5 Use of City Facilities
Unit members or the Union, or its representatives, may with the prior approval of the City Manager or designee, be granted the use of City facilities for meetings of unit members provided space is available, and provided further such meetings are not used for organizing activities or membership drives of unit members. All such requests shall be in writing and shall state the purpose or purposes of the meeting. The City reserves the right to assess reasonable charges for the use of such facilities.

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The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, and blackboards is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding.

4.6 Use of Bulletin Boards
The Union shall be allowed use of available bulletin board space in City buildings for communications having to do with official Union business, provided that the material posted is not derogatory to City officials and unit represented employees or other unit represented employee organizations in the judgment of the department head. All materials must be dated and must identify the organization that published them.

4.7 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Union if it is affected by any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council, by any board or commission of the City, or by any department, as the Union shall be given the opportunity to meet with such body or its representatives prior to adoption. In cases of emergency when the City Manager determines that an ordinance, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with the Union, the City Manager or designee shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation. Notices shall be sent to the designated Union representative.

SECTION 5. CONTRACTING OUT
The City does not anticipate the need to contract out bargaining unit work during the term of this memorandum; however, if the City contemplates contracting out bargaining unit work, the City shall give the Union notice and an opportunity to meet and confer regarding any decision and/or impact that is within the scope of bargaining.

SECTION 6. LABOR MANAGEMENT COMMITTEE
The City and Union will form a Labor Management Committee framework for the Teamsters Miscellaneous Unit to meet quarterly to review issues of concern. Representatives of all classifications in the bargaining units may participate in the Labor Management Committee and appropriate representatives from management may participate in the Labor Management Committee when agenda items include their departments.

To address the City's interest in creating efficiencies, increasing and saving revenue enhancing its talent development efforts, including creating leadership and promotional opportunities for unit represented employees, and providing a voice for all employees the parties agree to meet within 30 days of Council approval of the 2023 revisions to the MOU to start discussing options for beginning the process of improving these efforts and opportunities

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SECTION 7. PAY PLAN

7.1 Base Salaries- Bargaining Unit Classifications
The salary ranges for each bargaining unit classification in effect on June 30, 2021, are stated in Appendix A, attached to and incorporated into this MOU.

7.2 Salary Schedule Increase

7.2.1 2023-2024 Salary Schedule
Effective July 1, 2023, the City shall improve the base salary schedule for all bargaining unit classifications in Appendix A by two percent (2%) over the 2022- 2023 salary schedule for bargaining unit represented employees in active, paid status on the effective date. The 2023-2024 salary schedule shall be titled "Fiscal Year 2023-2024 Salary Schedule” and shall be attached to this Agreement as Appendix A-1. The 2023-2024 Salary Schedule shall also include Equity Adjustments to the base salary of the following classifications:

7.2.2 2024-2025 Salary Schedule
Effective at the beginning of the first pay period in July 2024, the City shall improve the base salary schedule for all bargaining unit classifications in Appendix A by two percent (2.0%) over the 2023-2024 salary schedule in Appendix A-1 for bargaining unit represented employees in active, paid status on the effective date. The 2024-2025 salary schedule shall be titled "Fiscal Year 2024-2025 Salary Schedule" and shall be attached to this Agreement as Appendix Classification Equity Adjustment
• Accounting Technician II
• Mechanic
• Community Service Officer – PD
• Maintenance Worker I/II
• Assistant Civil Engineer
• Info System and Technology Analyst
• Police Records Clerk
1%
• Public Works Supervisor
• Recreation Coordinator
• Equipment Operator
• Administrative Assistant
2%
3%
• Permit Technician
• Childcare Teacher I-III
4%

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A-2.The 2024-2025 Salary Schedule shall also include Equity Adjustments to the base salary of the following classifications:

When preparing a total compensation survey for use at the bargaining table as described in Government Code Section 3505.4(d), the City agrees to consider the parties' historic use of the following cities as one element of determining total compensation: Belmont, Burlingame, Daly City, Foster City, Menlo Park, Millbrae, Redwood City, San Bruno, and South San Francisco.

7.3 Salary Schedule Regulations
The rates of pay set forth in Appendices A, A-1, and A-2: (1) represent the standard rate of pay for full-time employment for each classification. Compensation for unit represented employees working less than full-time shall be adjusted proportionately; (2) represent the total compensation due unit represented employees, except for overtime compensation and other benefits specifically provided for by City Council or this Memorandum of Understanding; and (3) do not include reimbursement for actual and necessary expenses authorized and incurred incident to City employment.

7.4 Hourly Rate of Pay
The hourly rate of pay shall be calculated by multiplying the appropriate monthly rate by twelve (12) and dividing that total by 2080 for forty (40) hour workweek unit represented employees; or in the case of a unit represented employee who works thirty-seven and one-half (37.5) hours per week, divide the annual amount by 1950.

7.5 Certification/Driver's License Pay
Unit represented employees who have been requested by the City to obtain a driver's license with an "A" or "B" designation (commercial license) and whose duties require this type of driver's license will receive an additional one hundred and fifty dollars ($150) per month. The City shall use best efforts to provide alternative work assignments for bargaining unit represented Classification Equity Adjustment
• Accounting Technician II
• Mechanic
• Community Service Officer – PD
• Maintenance Worker I/II
• Assistant Civil Engineer
• Info System and Technology Analyst
• Police Records Clerk
1%
• Public Works Supervisor
• Recreation Coordinator
• Equipment Operator
• Administrative Assistant
2%
3%
• Permit Technician
• Childcare Teacher I-III
4%

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employees whose Class B licenses are suspended for periods of six (6) months or less due to an off-duty, non-criminal violation, where the violation does not otherwise implicate fitness for duty. However, it shall be in the City's sole discretion to determine whether operational needs and/or fiscal constraints so allow. The City shall continue to reimburse employees for the costs associated with obtaining and maintaining a commercial driver’s license, including the cost of renewal and any associated course work required. Applications, testing and processing for a CDL shall be done during normal work hours with compensation at the applicable rate.

7.6 Civil Engineer License
Upon attaining a professional civil engineer license, incumbents in the assistant civil engineer position shall receive a five percent (5%) increase in salary.

7.7 Salary for New Unit Represented Employees
Except as herein otherwise provided, the entrance salary for a new unit represented employee entering the classified service shall be the minimum salary for the class to which such new unit represented employee is appointed. In cases of unusual recruitment difficulty or of hiring exceptionally qualified personnel, initial salary may be set by the City Manager, whose decision shall be final. Such a salary may not be more than the maximum salary for the class to which the unit represented employee is appointed.

7.8 Conversion of Rates
Any monthly, per diem, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time basis when, in the judgment of the City Manager, such a conversion is advisable. Such conversion shall not contravene the provisions of this Memorandum of Understanding.

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7.9 Pay Days
Unit represented employees shall be paid bi-weekly, normally on a Friday every other week.

When a holiday is celebrated on a Friday payday, unit represented employees normally will be paid on the regular workday immediately preceding that Friday.

7.10 Merit Salary Increases
Effective with any evaluation initiated after adoption of this Memorandum of Understanding, each unit represented employee shall have a salary range with a designated minimum and maximum salary only, with no pre-established advancement steps within the range.

Consideration for a merit salary increase will be made by the supervisor in conjunction with the unit represented employee's performance evaluation which must be given on an annual basis beginning at the sixth (6th) month of employment and every year thereafter until the top step of the range has been reached. No increase in salary shall be automatic merely upon completion of a specific period of service. All increases shall be based upon merit as established by the record of the unit represented employee's performance and shall require recommendation of the department director and approval of the City Manager. Standards of performance shall become progressively higher as the unit represented employee advances through the salary range.

Unit represented employees shall be eligible for merit salary increases of between three percent (3%) to seven percent (7%) based on a performance evaluation and recommendation of their supervisor. Merit increases will become effective upon the unit represented employees' designated anniversary date, if approved. Once awarded, the increase for meritorious service will normally be continued in future years and not be revoked at the end of the year in which granted, except as provided otherwise in this Section.

Unit represented employees at the top of their designated salary range shall also be evaluated on an annual basis by their supervisor. If such unit represented employee has a satisfactory evaluation with the individual's performance being at an acceptable level, the unit represented employee's salary shall continue to be at the top of his designated salary range. If the unit represented employee's general performance and work habits are unsatisfactory, or the unit represented employee demonstrates inferior work, lack of application, or an indifferent attitude, an increase in salary may be withheld in lieu of dismissal or other disciplinary action, or the salary of the unit represented employee may be reduced to a maximum of five percent (5%) within the established salary range for his classification upon recommendation of the department head and approval of the City Manager. Any regular unit represented employee shall, upon request, be given a statement of the justification for reduction in salary and shall be entitled to appeal as provided in Section 24 (Grievances).

If the City Manager at any time determines that it is in the City's interest, he may assign a unit represented employee to a higher rate within the salary range fixed for the classification. The City Manager shall regulate the accelerated advancement through the salary range.

7.11 Exceptional Contribution Adjustment
When a unit represented employee makes a unique contribution to the City that is not expected in the normal discharge of the responsibilities of the position, and when such contribution is obvious by its significant, substantial, and unique nature, the individual may be awarded an exceptional contribution adjustment. Such an award will be limited to a maximum of five

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percent (5%) and be granted in a lump sum or for a specific limited interval of time, however, not more than twelve (12) months. The actual percentage amount up to the five percent (5%) limit and the time interval for which it is to be awarded will be determined by the City Manager and will be based upon the quality and significance of the contribution that is being recognized.

There shall be no more than three (3) exceptional contribution adjustments for personnel in any one (1) year.

7.12 Salary Upon Transfer or Promotion
The transfer of a unit member shall not be cause for a change in salary. All unit represented employees of the City upon promotion shall be entitled to an increase in salary of not less than five percent (5%) above their current salary; provided, however, that in no event shall the unit represented employee receive more than the maximum salary for the classification.

7.13 Child Care Split Shift Differential Pay
The City shall pay a split shift differential of $16.00 per day to a unit represented employee employed in the Child Care Technician, Child Care Site Coordinator, the Child Care Assistant Supervisor, Full-Time Child Care Teacher I, Full-Time Child Care Teacher II, and Full-Time Child Care Teacher III (Lead) classifications, assigned to the Parks, Beach, and Recreation Department, and required by the City to regularly work a split shift as defined by this provision

7.14. The City acknowledges that it cannot assign any other classification in the bargaining unit to work a split shift.
"Split shift" shall be defined as a work schedule established by the City which is interrupted by a non-paid non-working period, other than a "bona fide" rest or one-hour meal period.

The split shift differential pay shall not constitute "hours worked" and shall not be included for the purpose of calculating overtime pay. The split shift differential pay is special compensation and shall be reported to CalPERS as compensation earnable or pensionable compensation.

7.14 Work Out of Classification/Limited Assignment
A unit represented employee shall not work out of his classification except in emergencies, or unless he is specifically assigned by his department director, or the department director's duly authorized representative in accordance with the following procedure:

A unit represented employee may be reassigned from the duties of his classification to perform the duties of another classification by means of a Limited Assignment. Limited Assignment shall be made only to existing positions that are not actively occupied by reason of the temporary absence of the regular appointed incumbent. Limited Assignment shall not be made where the position is vacant. Limited Assignment shall be in writing on an approved form, which among other things shall indicate the name of the unit represented employee, his regular classification, and the classification to which he is assigned on a limited basis. The Limited Assignment must be dated and signed by the department director or his duly authorized representative and approved by the City Manager. Unit represented employees working on a Limited Assignment shall be paid at the beginning of the salary range for such higher classification or not less than five percent (5%) above the unit represented employee's regular salary, whichever is greater, when the unit represented employee serves in the higher classification for one full workweek or five consecutive workdays retroactive to the first day.

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7.15 Pesticide Control Advisor Certificate Pay
Unit represented employees who the City requests to obtain a Qualified Applicator Certificate from the California Department of Pesticide Regulation, and who the City requires to use the certificate as part of their regularly assigned duties will receive an additional fifty dollars ($50) per month while this Certificate is active (i.e., not expired) and in use.

7.16 Safe Food Protection Manager Certificate Pay
Unit represented employees in the positions of Food Services Coordinator and Senior Services Assistant Supervisor who the City requires to obtain a ServSafe Food Protection Manager Certificate and who the City has assigned to regularly perform duties using this certification will receive an additional fifty dollars ($50) per month for this Certificate while this Certificate is active (i.e., not expired) and in use.

SECTION 8. ANNIVERSARY DATE
For all purposes except eligibility for salary increases, a unit represented employee's anniversary date shall be the date of initial hire. For the purposes of salary administration in cases of promotion, demotion or reinstatement, the anniversary date shall be the effective date of the last merit increase, promotion, demotion or reinstatement.

SECTION 9. HOURS OF WORK

9.1 Hours of Work
The regular workweek for full-time unit represented employees, for purposes of this Memorandum of Understanding, shall consist of forty (40) hours, except as set forth on Appendix A. The regular workweek for unit represented employees who have a regular workweek other than forty (40) hours shall be set forth on Appendix A and fully incorporated herein.

The City and the Union have agreed to continue the 9/80 work schedule for unit represented employees presently utilizing this schedule. However, should the City desire to terminate the schedule, it will meet with the Union prior to discontinuing the 9/80 work period.

When a unit represented employee does not have sufficient hours in the used pay code category and only in order to provide a full pay period, the needed balance of hours will be taken by the Finance Department from the following categories in the following order listed, provided sufficient hours are available in each category: floater holiday, compensatory time, vacation time.

9.2 Call Back
Unit represented employees who are ordered to report to work during their off-duty hours for the purpose of appearing in Court and who do so at the specified time shall receive pay at time and one-half (1-1/2) hours for three (3) hours. Unit represented employees called back for any

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reason other than appearing in Court, shall receive pay at time and one-half (1-1/2) for a minimum of two (2) hours. This provision does not apply to instances where unit represented employees are ordered to report less than three (3) hours prior to their regular starting time or are held over less than three (3) hours after their regular quitting time for the purpose of appearing in Court.

9.3 Sewer Calls
Maintenance workers who respond to after hour sewer calls in this unit will receive overtime at a double time (2x) rate.

SECTION 10. OVERTIME

10.1 Authorization
All overtime work must be approved in advance by the department director or designated representative, provided, however, that for emergency conditions the department director may approve exceptions to this procedure.

10.2 Definition
Except as otherwise specified in this MOU, all overtime shall be paid in accordance with the Fair Labor Standards Act (“FLSA”) and include all pay not excluded by 29 USC Section 207(e).

Any authorized time worked in excess of the unit represented employee's regular workweek, as shown_on Appendix A, shall be considered overtime and shall be compensable at the rate of one and one-half (1-1/2) times the unit represented employee's regular straight-time rate of pay. All overtime shall be calculated to the nearest quarter (1/4) hour in favor of the unit represented employee. Unit represented employees may opt to be paid for overtime worked either by monetary payment or by compensatory time off. Compensatory time off shall be taken at a time mutually agreeable to the unit represented employee and the department director. Compensatory time off which accrues in excess of eighty (80) hours must be liquidated by monetary payment except in emergency situations approved by the department director. Unit represented employees who terminate employment shall be paid for all compensatory time off accrued at the rate of pay at time of termination.

10.3 Major Emergency
If a major emergency is declared by the department director and a unit represented employee is required to work beyond his normal shift, the unit represented employee shall have a minimum of eight (8) hours rest before being required to return to work for his next regular shift. If the rest period extends into the regular shift time, such time will be paid at the normal hourly rate. A "major emergency" is defined as an actual or predicted severe storm event or other emergency incident that cannot be handled by the City's existing infrastructure or regularly assigned personnel.

SECTION 11. MEAL ALLOWANCE

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Unit represented employees required to work more than three (3) hours beyond their shift shall be reimbursed for the cost of a meal to a maximum of twenty dollars ($20.00).The time taken to eat the meal shall be without pay. The meal allowance shall not apply to scheduled overtime, which for the purposes of this meal allowance provision, shall be deemed to be all overtime for which 48 hours prior notice was provided.

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SECTION 12. STAND-BY PAY
Unit represented employees in the Public Works Division of the Public Works Department who are required to stand-by at home on a weekly basis shall be paid fifty dollars ($50) for each day of a standby assignment.

SECTION 13. LAYOFF

13.1 Layoff
At least ten (10) working days prior to the effective day of the layoff, the designee shall notify the unit represented employees affected in writing. Layoff shall be made within the classes of positions and all temporary unit represented employees in affected classifications shall be laid off prior to layoff of any probationary or regular unit represented employees. For the purpose of determining order of layoff, total cumulative time shall include time served in military leave of absence.

Unit represented employees laid off shall have the right to displace the unit represented employee in the same classification having the least seniority; provided, however, if there is no other unit represented employee in the classification of the laid off unit represented employee with less seniority, the laid off unit represented employee may take a voluntary demotion to a classification in which such unit represented employee had prior permanent status, thus displacing the unit represented employee working in that classification who has less seniority.

Names of persons laid off shall be placed upon re-employment lists in order of total cumulative time served and shall remain on a reemployment list for a period of two (2) years unless reemployed sooner. Sick leave and seniority rights earned prior to layoff will be returned to the unit represented employee upon reemployment. Upon request of the unit represented employee, with the permission of the City Manager, demotion may be made to a vacant position in place of layoff. The City Manager's decision shall be final.

SECTION 14. HOLIDAYS
The authorized holidays for the City of Pacifica are:

1. January 1st

2. Third Monday in January

3. Third Monday in February

4. Last Monday in May

5. July 4th

6. First Monday in September

7. November 11th

8. Fourth Thursday in November
New Year's Day
Martin Luther King,Jr. Birthday
Presidents' Day
Memorial Day
Independence Day
Labor Day
Veteran's Day
Thanksgiving Day

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9. 10

11. 12.

13. Fourth Friday in November
December 24
December 25th
Floater
Floater
Friday after Thanksgiving Day
Christmas Eve
Christmas Day
To be taken at the mutual convenience of the
department and the unit represented employee.

To be taken at the mutual convenience of the
department and the unit represented employee.

The two (2) floating holidays (items (12) and (13) above) shall accrue to the leave balance of each unit represented employee as of the first pay period ending date following the beginning of a new fiscal year.

Unit represented employees hired after July 1st and before January 1st of the fiscal year shall accrue one (1) floating holiday; unit members hired between January 1st and June 30th shall not accrue holiday time until the following July 1st. Child Care site staff receive a third floating holiday in lieu of the Christmas Eve Holiday.

If one of the holidays listed above falls on a Saturday and the unit represented employee is not regularly scheduled to work that day, the unit represented employee's last regularly scheduled workday preceding the holiday shall be considered a holiday.

If one of the holidays listed above falls on a Sunday and the unit represented employee is not regularly scheduled to work that day, the unit represented employee's first regularly scheduled workday following the holiday shall be considered a holiday.

Any regular full-time unit represented employee who is required to work on any of the holidays specified in Section 14 shall be paid one and one-half (1-1/2) times the unit represented employee's regular straight-time rate of pay for all hours actually worked on such holiday and shall be allowed a regular workday off at a time determined by agreement between the unit represented employee and the department head. If the department head determines that it is not feasible to grant such other workday off, the unit member shall be paid for the holiday worked on the basis of straight-time but not to exceed eight (8) hours for any one (1) holiday.

If one of the holidays listed above occurs during an annual vacation leave, such holiday shall not be charged as vacation leave.

If one of the holidays listed above occurs while a unit represented employee is on authorized sick leave, such holiday shall not be charged as sick leave.

SECTION 15. VACATIONS

15.1 Eligibility
All unit represented employees shall be entitled to annual vacation leave except unit represented employees serving the first six (6) months of the original one (1) year probationary period.

15.2 Vacation Credits Accrual
Subject to Section 15.5 regarding maximum vacation accrual, unit represented employees shall earn vacation credits at the rate of eleven (11) days per year for the first (1st) through the fifth

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(5th) year of service; at the rate of sixteen (16) days per year beginning in the sixth (6th) through the tenth (10th) year of service; at the rate of seventeen (17) days per year beginning in the eleventh (11th) year of service; at the rate of eighteen (18) days per year beginning in the twelfth (12th) year of service; at the rate of nineteen (19) days per year beginning in the thirteenth (13th) year of service; at the rate of twenty (20) days per year beginning in the fourteenth (14th) year of service; at the rate of twenty-two (22) days per year beginning in the fifteenth (15th) year of service; at the rate of twenty-five (25) days per year beginning in the twentieth (20th) year of service; and at the rate of twenty-seven (27) days per year beginning in the twenty-fifth (25th) year of service.

The bi-weekly factor of hours accrued each pay period will be computed based on the number of hours per week that the corresponding job position requires.

15.3 Time Charged
Vacation time shall be charged on the basis of the actual number of working hours the unit represented employee is on vacation to the nearest tenth (1/10th) hour.

15.4 Vacation Credits Advance
Unit represented employees may take only such vacation as they have accrued at the time that the vacation begins, except after three (3) years of service the unit represented employee may draw upon anticipated vacation credits not to exceed five (5) working days or two (2) shifts per year. At termination of employment, the unit member shall reimburse the City for any vacation taken in excess of vacation credit accrued.

15.5 Vacation Scheduling and Accumulation
The times during the calendar year at which a unit represented employee may take his vacation shall be determined by the department director with due regard to the needs of the service and desires of the unit represented employee. If requirements of the service or the desires of the unit represented employee are such that a unit represented employee must defer part or all of his annual vacation in a particular year, the department director may permit the unit represented employee to take such deferred vacation during the following calendar year. No unit member may accrue more than twice his annual vacation allowance.

15.6 Sick Leave During Vacation
If a unit member becomes sick during his vacation, such unit represented employee may charge the period of illness against sick leave credits in the same manner as provided in Section 16 (Sick Leave).

A doctor's certificate shall be required and shall be submitted prior to such charge against sick leave credits.

15.7 Separation from Service
Unit represented employees who terminate employment shall be paid a lump sum for all accrued vacation leave earned prior to the effective day of termination up to the maximum accrual allowed under Section 15.5. Former unit represented employees re-employed by the City shall receive no credit for prior service in determination of vacation benefits.

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15.8 Return/Sell-Back of Vacation
Unit represented employees will be allowed to sell to the City a maximum of two weeks of vacation leave per year, at the individual's prevailing wage. The unit represented employee must have a balance of forty (40) hours remaining after the return of the hours to the City. This provision may be utilized once during the fiscal year and the request must coincide with a regularly scheduled payday.

SECTION 16. SICK LEAVE

16.1 Sick Leave Plan

16.1.1 Accrual
Regular unit represented employees shall earn sick leave credit at the rate of one (1) day per month.

16.1.2 Usage
Sick leave shall not be considered a privilege that a unit represented employee may use at his discretion but shall be allowed only in cases of necessity and actual sickness of the unit represented employee or the unit represented employee's designated family members, as allowed by family illness leave, including necessary physician appointments or disability. Unit represented employees are entitled to use their earned sick leave benefits to be off work without the loss of compensation under the following conditions:
• For the unit represented employee's own illness or injury or for the illness or injury of the unit represented employee's family member as allowed by family illness leave. • For the unit represented employee's receipt of required medical or dental care or consultation or for the required medical or dental care or consultation of the unit represented employee's family member.
• For unit represented employees who are victims of domestic violence, sexual assault or stalking as specified in state law.
• Each hour of illness or injury shall be deducted from the unit represented employee's accumulated sick leave benefits.

Sick leave shall be charged against a unit represented employee's sick leave credit as the actual number of hours of the regular work period that the unit represented employee is on sick leave. All unit represented employees shall be entitled to sick leave compensation except unit represented employees serving the first thirty (30) days of the original one (1) year probationary period.

In order to receive compensation while absent on sick leave, a unit represented employee shall notify his immediate supervisor prior to or within one-half (1/2) hour after the time set for the beginning of the unit represented employee's daily duties.

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When the absence is for more than one (1) working day, or from the first shift day of illness in the case of shift unit represented employees, unit represented employees may be required to file a physician's statement with the department verifying a medical reason for the absence.

16.2 Incapacity to Perform Duties
The City Manager or designee may require any unit represented employee who City Manager or designee believes may be physically or mentally incapacitated for work to undergo an examination by a physician designated by the City and at the City's expense. If, as a result of the physician's examination, the unit represented employee is determined to be incapacitated to perform the unit represented employee's duties, the City Manager or department director will engage in the interactive process, to the extent required by law, and may place the unit represented employee on leave of absence without pay. A unit represented employee may use accrued sick leave, vacation or compensatory time prior to being placed on a leave of absence without pay. However, the unit represented employee may be eligible for long-term disability benefits under Section 18.3.2 (Long-Term Disability). Vacation and sick leave credits shall not accrue when a unit represented employee is on such leave of absence.

16.3 Sick Leave at Retirement
Employees retiring from the City service, under provisions of a City-sponsored retirement plan, shall receive pay for twenty-five percent (25%) of their accumulated sick leave credit not to exceed two thousand seven hundred dollars ($2,700). Such pay shall be computed at the rate of pay on the date of retirement.

The City has amended its contract with PERS to provide credit for unused sick leave, pursuant to Government Code Section 20965. An employee may choose to take the cash out option as stated above or the unit represented employee may utilize the unused sick leave credit with PERS. No unit represented employee shall be entitled to take both the cash out option and the PERS credit for unused sick leave.

16.4 Sick Leave at Termination
Unit represented employees resigning from the City, terminated by the City, otherwise terminating their City employment, or being terminated by the City shall forfeit all unused sick leave benefits as of the termination date. Former unit represented employees re-employed by the City shall receive no credit for prior service in determination of sick leave benefits.

SECTION 17. LEAVES OF ABSENCE

17.1 Family Illness Leave
As permitted by Labor Code Section 233, a unit represented employee may use up to a maximum of six (6) days per year of the unit represented employee's accrued sick leave per calendar year to attend to an illness of a family member. For purposes of this Section, "family member" is defined as a biological, adopted, or foster child; stepchild; legal ward, or a child to whom the unit represented employee stands in loco parentis; a biological, adoptive, or foster parent; stepparent, or legal guardian of an unit represented employee

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or the unit represented employee's spouse or registered domestic partner (a registered domestic partnership requires filing an Affidavit of Domestic Partnership with the Secretary of State), or a person who stood in loco parentis when the unit represented employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; or sibling.

All conditions and restrictions placed by the employer upon the use by a unit represented employee of sick leave also shall apply to the use by a unit represented employee of sick leave to attend to an illness of his or her family member. The designation of sick leave as taken for these reasons is at the sole discretion of the unit represented employee. This Section does not extend the maximum period of leave to which a unit represented employee is entitled under Section 12945.2 of the Government Code or under the federal Family and Medical Leave Act of 1993 (29 U.S.C. Sec. 2606 et seq.), regardless of whether the unit represented employee receives sick leave compensation during that leave. As in use of sick leave for the unit represented employee's own illness, a doctor's note may be required if the family member's illness is more than one day.

17.2 Jury Duty
A unit represented employee summoned to jury duty shall inform his supervisor and, if required to serve, may be absent from duty with full pay; provided, however, the unit represented employee must remit to the City, through the unit represented employee's department director, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses. When the unit represented employee isreleased from jury duty each day, he shall report to work promptly for the balance of his scheduled shift or workday.

17.3 Military Leave
The provision of the Military and Veterans Code of the State of California as well as the Uniformed Services Employment and Reemployment Act shall govern military leave of City unit represented employees.

17.4 Campaign Leave
Upon becoming a candidate for public office, any regular unit represented employee may request and be granted a leave of absence without pay, to remain in effect for the period of his candidacy.

17.5 Leave of Absence Without Pay
Upon written request, the City Manager may grant a unit represented employee a leave of absence without pay for a definite period not to exceed one (1) year. The City Manager's decision shall be final. Upon expiration of leave of absence, the unit represented employee shall be reinstated in the position held at the time the leave was granted or to another position in the same classification. Failure on the part of a unit represented employee on leave to report promptly upon its expiration, or within fifteen (15) days after notice to return to duty shall result in such unit represented employee's automatic dismissal. Vacation, sick leave, and seniority credits shall not accrue to a unit member on voluntary leave of absence. A copy of the letter granting leave shall be forwarded to the Union within ten (10) calendar days of the commencement of the leave.

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17.6 Bereavement Leave
In case of death within the immediate family of a unit represented employee, a unit represented employee shall be entitled to remain absent from duty with pay in order to arrange and/or attend the funeral or memorial services, not to exceed five (5) days. Bereavement leave is not to be charged to sick or vacation leave.

For the purpose of this Section 17.6, immediate family is defined as parent, sibling, spouse, domestic partner, child, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents, grandchildren, great grandparents, step-children, foster children, or other persons with whom there is a demonstrated child-rearing/parental or immediate familial relationship.

Additionally, all Employees are permitted 5 days of Unpaid Bereavement Leave upon the death any family member listed in Section 12945.2 of the Government Code. The Paid Bereavement leave runs concurrent with the 5 Day Bereavement Leave. However, the leave days need not be consecutive. For unpaid leave, all employees may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee. Proof of death (death certificate, obituary, funeral program, etc.) or proof of miscarriage/stillbirth (a note from a healthcare provider) must be submitted within 30 calendar days of when the employee returns to work. Additional time off for this purpose must be vacation, or unpaid leave. Bereavement leave must be approved by the Department Head.”

17.7 Absence Without Official Leave
Failure of a unit represented employee to report for duty on a normal working day or shift without notice to the department director or designated representative of the reason for such absence within one-half (1/2) hour after the time designated as the beginning of the workday shall constitute absence without official leave and without pay. Unit represented employees should make every effort to contact the department director or designated representative prior to the start of their shift if they plan to be absent.

Absence without official leave for any length of time without satisfactory explanation is cause for dismissal. Absence without official leave for five (5) or more consecutive days shall be deemed a tender of resignation.

17.8 Disability Leave With Pay
Any regular or probationary unit represented employee occupying a regular position who is absent from duty because of disability caused by illness or injury arising out of and in the course of such unit represented employee's employment with the City that has been declared to be compensable under workers' compensation law shall be allowed a disability leave with pay for the period of incapacity as determined by a physician, but not to exceed three hundred sixty-five (365) calendar days for any one illness or injury. The unit represented employee's compensation during such leave of absence shall be as follows:

First three (3) workdays' absence, no pay; provided, however, that a unit represented employee may use accrued sick leave credit, if any, during the first three (3) workdays' absence; and, provided further, that if a unit represented employee is hospitalized or is absent for fifteen (15) or more consecutive workdays as a result of such illness or injury the unit represented employee shall receive full pay, commencing with the first workday's absence and continuing throughout the period of incapacity but not to exceed thirty (30) consecutive calendar days. Fourth (4th) workday's through thirtieth (30th) consecutive calendar day's absence, full pay throughout the

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period of incapacity but not to exceed thirty (30) consecutive calendar days from commencement of the disability leave of absence.

Thirty-first (31st) through ninetieth (90th) consecutive calendar day's absence; seventy-five percent (75%) of full pay throughout the period of incapacity but not to exceed three hundred sixty-five (365) consecutive calendar days from commencement of disability leave of absence.

Ninety-first (91st) through three hundred sixty-fifth (365th) consecutive calendar day's absence, fifty percent (50%) of full pay throughout the period of incapacity but not to exceed

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three hundred sixty-five (365) consecutive calendar days from commencement of disability leave of absence.

For unit represented employees who are absent for thirty-one (31) or more consecutive calendar days and are receiving compensation as provided above, accrued sick leave, if any, shall be integrated with the disability leave payments; provided, however, that the sum of the two shall not exceed the unit represented employee's full pay for the said period and the unused portion of accumulated sick leave will continue to be credited to the unit represented employee. Integration of sick leave credit with disability leave payment is automatic after the thirtieth (30th) consecutive calendar day of absence due to such disability and may not be waived. No disability leave with pay may be granted until the illness or injury is declared compensable under the California workers' compensation law. During such disability leave of absence, the City may request that a unit represented employee be examined by a physician selected by the City.

Disability pay provided by the City shall be reduced by any compensation a unit represented employee received pursuant to the workers' compensation law. Full pay as used herein shall mean the unit represented employee's base rate of pay.

17.9 Family Care and Medical Leave

17.9.1 Each eligible unit represented employee is entitled to family care and medical leave as provided by the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), as amended. The leaves under FMLA and CFRA will run concurrently to the extent permitted by law.

17.9.2 Eligibility
To be eligible for family care and medical leave, on the date on which leave is to begin, a full-time or part-time unit represented employee must have been employed by the City for at least twelve (12) months, which need not be consecutive, and have actually worked at least 1,250 hours of service during the twelve (12) month period immediately preceding the commencement of the leave.

17.9.3 Family Care and Medical Leave Entitlement
Subject to the provisions of this MOU, City policy, and state and federal law, including the federal FMLA and the CFRA, an eligible unit represented employee is entitled to a total of twelve (12) workweeks of unpaid leave during any twelve (12) month period for any one, or more, of the following reasons:

17.9.3.1 The birth of a child and to care for the newborn child (FMLA and CFRA);

17.9.3.2 The placement with the unit represented employee of a child for adoption or foster care and care for the newly placed child (FMLA and CFRA);

17.9.3.3 To care for the unit represented employee's child, parent, or spouse who has a serious health condition. (Child is defined as biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis who is under 18 years of age or an adult dependent child. Parent is defined as biological, foster or adoptive

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parent, stepparent, legal guardian, or other person who stood in loco parentis to the unit represented employee when the unit represented employee was a child. Parent does not include a parent-in-law. "Spouse" means partner in marriage or a registered domestic partner as defined in the Family Code and includes same-sex partners in marriage.)

17.9.3.4 Because of a unit represented employee's own serious health condition that makes the unit represented employee unable to perform the functions of the unit represented employee's position, except for disability on account of pregnancy, childbirth, or related medical conditions, which is covered by pregnancy disability leave. (Pregnancy disability counts toward only California Pregnancy Disability Leave (PDL) and FMLA leave.)

17.9.3.5 Because of any qualifying exigency arising out of the fact that the unit represented employee's spouse, son, daughter, or parent is a military member on covered active duty (or has been notified of an impending call or order to covered active duty status) (FMLA only).

The twelve (12) month period for FMLA/CFRA purposes is
determined by the fiscal year.

17.9.4 Family Care and Medical Leave to Care for a Covered Servicemember With a Service Injury or Illness
Subject to the provisions of this MOU, City policy, and state and federal law, including the FMLA, an eligible unit represented employee may take FMLA leave to care for a Covered Servicemember with a serious injury or illness if the unit represented employee is the spouse, son, daughter, parent, or next of kin of the Covered Servicemember. Covered Servicemember for purposes of this section is defined in 29 CFR 825.127(b).

17.9.4.1 An eligible unit member's entitlement under Section 17.9.4 is limited to a total of twenty-six (26) workweeks of leave during a single 12-month period to care for a Covered Servicemember with a serious injury or illness. The "single 12-month period" in which the 26-weeks-of-leaveentitlement described in this begins on the first day a unit represented employee takes leave to care for the Covered Servicemember.

17.9.4.2 During the "single 12-month period" described above, an eligible unit represented employee's FMLA leave entitlement is limited to a combined total of twenty-six (26) workweeks of FMLA leave for any qualifying reason.

17.9.5 Pay Status and Benefits
Except as provided in this Article, the family care and medical leave will be unpaid.

The City will, however, continue to provide City contributions toward the health plan premiums during the period of family care and medical leave for up to twelve (12) workweeks on the same basis as contributions would have been provided had

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the unit represented employee not taken family care and medical leave. The unit represented employee will be required to continue to pay the unit represented employee's share of premiums payments, if any.

17.9.6 Relationship of Family Care and Medical Leave to Other Leaves Any leave of absence that qualifies as family care and medical leave and is designated by the City as family care and medical leave will be counted as running concurrently with any other paid or unpaid leave to which the unit represented employee may be entitled for the same qualifying reason. A unit represented employee is required to utilize the unit represented employee's accrued sick leave for FMLA/CFRA qualifying absences due to the unit member's own serious health condition. A unit represented employee may be required to use accrued vacation leave for FMLA/CFRA qualifying reasons unrelated to the unit represented employee's own serious health condition.

17.9.7 Notice to the City

17.9.7.1 The unit represented employee must provide written notice to the City as far in advance of the leave as possible and as soon as the unit represented employee reasonably knows of the need for the leave. If the need for the leave is foreseeable based on an expected birth, placement of a child for adoption or foster care or planned medical treatment, the notice must be provided at least thirty (30) calendar days in advance of the leave, or if not reasonably known thirty (30) calendar days before the leave, then as soon as reasonably practicable.

17.9.7.2 The written notice must inform the City of the reasons for the leave, the anticipated duration of the leave and the anticipated start of the leave.

17.9.7.3 The unit represented employee shall consult with the City and make a reasonable effort to schedule any planned medical treatment or supervision so as to minimize disruption to department operations.

17.9.8 Medical Certification

17.9.8.1 A unit represented employee's request for family care and medical leave to care for a child, a spouse, or a parent who has a serious health condition shall be supported by a certification issued by the health care provider of the individual requiring care. If additional leave is requested after the expiration of the time originally estimated by the health care provider, the unit represented employee shall provide the City with recertification by the health care provider.

17.9.8.2 A unit represented employee's request for family care and medical leave because of unit represented employee's own serious health condition shall be supported by a certification issued by the unit represented employee's health care provider.

17.9.8.3 As a condition of a unit represented employee's return from leave taken because of the unit represented employee's own serious health condition,

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the unit represented employee is required to obtain certification from the unit represented employee's care provider that the unit represented employee is able to resume work.

17.9.8.4 Required Medical Certification Forms
Unit represented employees are required to use the medical certification forms available from the City Human Resources Department to meet the certification and recertification requirements of this Section. The form, "CERTIFICATION OF HEALTH CARE PROVIDER_(California
Family Rights Act (CFRA) AND FAMILY CARE AND MEDICAL
LEAVE ACT (FMLA)" is attached to this MOU as APPENDIX B-1. The form, "CERTIFICATION OF HEALTH CARE PROVIDER FOR

PREGNANCY DISABILITY LEAVE, TRANSFER AND/OR
REASONABLE ACCOMMODATION" is attached to this MOU as
APPENDIX B-2.

17.9.9 Minimum Duration of Leave

17.9.9.1 Leave does not need to be taken in one continuous period of time.

17.9.9.2 Leave taken for a serious health condition of the unit represented employee's child, parent, or spouse of the unit represented employee may be taken intermittently or on a reduced work schedule when medically necessary, as determined by the health care provider of the person with the serious health condition. However, intermittent, or reduced work schedule leave may be taken for absences where the unit represented employee or covered family member is incapacitated or unable to perform the essential functions of the position because of a chronic serious health condition, even if he or she does not receive treatment by a health care provider.

17.9.9.3 Leave taken for reason of birth, adoption, or foster care placement of a child of the unit represented employee does not have to be taken in one continuous period of time. Any leave(s) taken shall be concluded within one (1) year of the birth of placement of the child with the unit represented employee. The basic minimum duration shall be two (2) weeks.

However, the City shall grant a request for a leave of less than (2) weeks' duration on any two (2) occasions.

17.9.10 City's Response to Leave Request
It is the City's responsibility to designate leave, paid or unpaid, as family and medical leave-qualifying based on the information provided by the unit represented employee and to notify the unit represented employee of the designation.

17.9.11 Dual Parent Employment
Where both parents are City unit represented employees, allowable leave for the birth, adoption, or foster care placement of a child is limited to a total of twelve (12) work weeks in a 12-month period between the two (2) unit represented employees.

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Their family care and medical leave entitlement is not limited or combined for any other qualifying purpose.

17.9.12 Unit Represented Employee's Status on Returning from Leave Except as provided by law, on return from family care and medical leave, a unit represented employee is entitled to be returned to the same or equivalent position the unit represented employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. A unit represented employee is also entitled to reinstatement even if the unit represented employee has been replaced or the unit represented employee's job has been restructured to accommodate the unit represented employee's absence. If a unit represented employee is no longer qualified for the position because, e.g., of the unit represented employee's inability to renew a license, as a result of the leave, the unit represented employee shall be given a reasonable opportunity to fulfill those conditions upon returning to work.

A unit represented employee has no right to return to the same position. Use of family care and medical leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible unit represented employee's FMLA/CFRA leave.

17.10 Pregnancy Disability Leave
A pregnant unit represented employee is entitled to an unpaid leave of up to four (4) months, as needed, for the period(s) of time the unit represented employee is actually disabled by pregnancy, as determined by her health care provider.

17.10.1 Notice to City
Using the City's Certification of Health Care Provider form for pregnancy disability leave, a unit represented employee should provide at least thirty (30) days advance notice or notice as soon as practicable of the unit represented employee's need for pregnancy disability leave or need for reasonable accommodation based on the advice of her health care provider that reasonable accommodation is medically advisable because of pregnancy or a related medical condition.

17.10.2 Use of Sick Leave and Vacation During Pregnancy Disability Leave A unit represented employee is required to use any accrued sick leave during an otherwise unpaid pregnancy disability leave. A unit represented employee may, at her option, use accrued vacation during an otherwise unpaid portion of a pregnancy disability leave.

17.10.3 Health and Welfare Benefits
The City shall maintain its contribution toward health and welfare benefits under Section 18 (Health and Welfare) during any unpaid portion of a pregnancy disability leave on the same basis that the contribution would have been provided if the unit represented employee had not taken pregnancy disability leave.

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17.10.4 Unit Represented Employee Status
During a pregnancy disability leave, the unit represented employee shall retain unit represented employee status, and the leave shall not constitute a break in service for any purpose under this MOU except that the leave shall not count toward completion of probation.

17.10.5 Relationship Between Pregnancy Disability, FMLA, and CFRA Leaves

17.10.5.1 A pregnancy disability leave shall run concurrently with the unit represented employee's FMLA leave entitlement.

17.10.5.2 The right to take pregnancy disability leave is separate and distinct from the right to take leave under CFRA. A unit represented employee's own disability due to pregnancy, childbirth or related medical conditions is not a "serious health condition" under CFRA.

17.10.5.3 At the end of the unit represented employee's period(s) of pregnancy disability leave, or at the end of four months of pregnancy disability leave, whichever occurs first, a CFRA-eligible unit represented employee may request to take CFRA leave of up to twelve (12) workweeks for reason of the birth of her child, if the child has been born by this date.

SECTION 18. HEALTH AND WELFARE

18.1 Medical Insurance - City Contributions
Effective the first full pay period following City Council approval of this MOU and continuing for the 2022, and 2023 calendar years, the City will contribute up to the following maximum amounts per month toward the cost of health benefits for each full-time unit represented employee. For the purpose of this Health and Welfare Section, "full-time" means the unit represented employee is assigned to a classification requiring the unit represented employee to work at least twenty (20) hours per week. Unit represented employees electing coverage with a cost greater than the amount paid by the City in this Section shall have the difference deducted automatically from the unit represented employee's pay. In the event the actual monthly premium cost is less than the amount shown on the chart below, the City shall retain any savings and shall have no obligation to "cash-out" or pay any unit represented employee the difference.

The City and the Union acknowledge the parties may propose changes to Section 18 during the successor contract negotiations in 2023. During the successor contract negotiations, the chart below in this Section 18.1 shall define the status quo ante for City contributions toward the cost of health benefits for each full-time unit represented employee.

Unit represented employees electing coverage with a cost greater than the amount paid by the City in this Section shall have the difference deducted automatically from the unit represented employee's pay.

18.1.1 Health Insurance Premiums
During the term of this MOU, the City will cover up to a 6% increase (Benchmarked to Kaiser Region One Rate) to any

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enrolled employees’ medical plan contribution during a calendar year.

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Teamsters 856 Offered Medical Plan
Effective July 1,
2021
Effective
January 1,
2022
2% Increase
Effective
January 1,
2023
2% Increase
Employee Only
877.70 $895.25 $913.16
Employee 1
$1,700.97 $1,734.99 $1,769.69
Employee Plus 2
or more
$2,211.27 $2,255.50 $2,300.61
CalPERS Offered Medical Plan
Effective July 1,
2021
Effective
January 1,
2022
2% Increase
Effective
January 1,
2023
2% Increase
Employee Only 877.70 $895.25 $913.16
Employee 1
$1,700.97 $1,734.99 $1,769.69
Employee Plus 2
or more
$2,211.27 $2,255.50 $2,300.61

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18.1.2 Additional Premium Contributions for Unit Represented Employees Enrolled In the Teamsters 856 Offered Medical Plan for the Current MOU Period Only For the duration of this MOU only, the City will make additional contributions towards health care premiums above the maximum amounts listed in Section 18.1.1 for unit represented employees enrolled in Teamsters 856 offered medical plan. Unit represented employees enrolled in City medical plans will only receive the City contributions listed in 18.1.1 and not the additional contributions listed in this Section 18.1.2. During the periods listed below, the City's total contribution toward health care premiums for unit represented employees enrolled in the Teamsters 856 offered medical plan shall be up to the following maximum amounts per month:
• July 1, 2021 to December 31, 2021: $930.10 (Employee Only); $1,802.50 (Employee+ 1); $2,343.25 (Employee+ 2 Or More)
• January 1, 2022 to December 31, 2022: $948.70 (Employee Only); $1,838.55 (Employee+ 1); $2,390.12 (Employee+ 2 Or More)
• January 1, 2023 to June 30, 2023: $967.67 (Employee Only); (Employee +1) $1875.32; Employee+ 2 or more) $2437.92.

In no event during this two-year period shall the City contribute more than the actual monthly health care premium cost for the applicable plan in which the unit represented employee is enrolled. In order to ensure all City employees receive the same City contribution to employee medical plans, the City shall not be required to continue additional contributions set forth in Section 18.1.2 beyond the expiration of this MOU.

After the expiration of the MOU, the maximum contribution amounts listed in the chart in Section 18.1.1 shall define the status quo ante for City contributions toward the cost of health benefits for each full-time unit represented employee.

18.1.3 Eligibility
To be eligible for the Teamsters Health and Welfare Trust Fund Benefits, a unit represented employee must be working or on paid status for eighty (80) or more hours in the preceding calendar month. To be eligible for a CalPERS offered medical plan, unit represented employees must meet the criteria established by CalPERS.

The City will continue to offer CalPERS health benefits program and make the necessary employer contributions as contracted with CalPERS for both active and retired participants.

18.1.4 Health In-Lieu Payment Plan
The City will pay a monthly taxable five hundred and fifty dollars ($550) in-lieu payment to a unit represented employee who certifies that he or she is eligible for health insurance coverage through another group health plan, declines City health coverage, and provides the City proof of other health coverage. City Health in-Lieu payments shall be effective the first pay period in August 2015. The City shall pay the health in lieu payment through the unit represented employee's regular payroll checks. The Health In-Lieu Payment Plan year shall operate on the calendar year. Unit represented

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employees on an unpaid leave of absence are not eligible for the Health In-Lieu Payment Plan.

18.2 Dental, Orthodontia, and Vision

18.2.1 18.2.2.

18.2.3. Teamsters 856 Dental, Orthodontia, and Vision
For each Teamsters 856 unit represented employee enrolled in employee-only, twoparty, or family Teamster 856 medical coverage, the City shall contribute an additional one hundred sixty-three dollars ($163) per month per unit represented employee to the Teamsters 856 Trust Fund, and the Teamsters 856 Trust Fund shall provide such unit represented employees with a composite dental, orthodontics, and v1s1on coverage.

City of Pacifica Self-Funded Dental Plan
For each unit represented employee not enrolled in the Teamsters 856 medical plan, the City shall contribute up to one hundred nineteen dollars ($119) per month per unit represented employee to the City of Pacifica Self-Funded Dental Plan, and the SelfFunded Plan shall provide the following benefits to covered unit represented employees:
a) The annual per-person deductible is twenty-five dollars ($25) up to a maximum of seventy-five ($75) per family.
b) The maximum annual benefit each calendar year shall be two thousand dollars ($2,000) per eligible employee and per dependent.
c) A lifetime maximum orthodontia benefit of two thousand dollars ($2,000) for each eligible employee and dependent.

City of Pacifica VSP Vision Plan
For each unit represented employee not enrolled in the Teamsters 856 medical plan, the City shall contribute the following amounts per month per unit represented employee:
a) Unit Member Only - $18.29
b) Unit Member Plus One - $26.52
c) Unit Member Family - $47.56

18.3 Life and Disability Insurance

18.3.1 Life Insurance
The City shall contribute an amount necessary to provide the life insurance in the amount of thirty thousand dollars ($30,000) for each eligible unit member. Unit represented employees in this unit may purchase additional life insurance at their

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own expense through payroll deduction. Unit represented employees may also purchase, through the same voluntary method, life insurance for dependents.

18.3.2 Long-Term Disability Plan
The City shall contribute an amount necessary to provide the long-term disability plan benefits presently in effect for each eligible unit represented employee.

18.4 Domestic Partners Health Benefits
The City will provide medical, dental, and vision benefits for registered domestic partners of bargaining unit represented employees to the same extent, and subject to the same terms and conditions, as medical, dental, and vision benefits are available to spouses of unit represented employees under this MOU. This coverage is conditioned upon the domestic partnership meeting all the criteria of California Family Code Section 297, et seq. and that a valid declaration of domestic partnership has been filed with the Secretary of State pursuant to Family Code Section 297, et seq., registering the domestic partnership. Domestic partners may enroll in the City's medical, dental, and vision plans pursuant to this Section only to the extent that the City's carriers provide such coverage.

18.5 Coverage During Unpaid Leave
Except as otherwise provided in this MOU, unit represented employees on City approved unpaid leaves of absence shall continue to receive health and welfare benefits for the period of the leaves if they wish to purchase such benefits at the current group rates, to be paid by the unit represented employee to the City one (1) month in advance.

18.6 Medical Flexible Spending Account
To the extent allowed by the Internal Revenue Service, the City will offer IRS qualified flexible medical spending accounts (FSA). Unit represented employees may have funds deducted pretax from the unit represented employee's paycheck and deposited into the IRS qualified FSA accounts.

18.7 Dependent Care Flexible Spending Account
To the extent allowed by the Internal Revenue Service, the City will offer IRS qualified Dependent Care Flexible Spending accounts. Unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into an IRS qualified Dependent Care Flexible Spending account. If, in its sole discretion, the City determines that administration of the Program will require the services of an outside entity or contractor, participating unit represented employees shall be responsible for paying their share of the outside contractor's administration fee.

18.8 Commuter Assistance Account
To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified Commuter Plan. Unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into the IRS qualified Commuter Assistance account.

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18.9 VantageCare Retirement Health Savings Account
Unit represented employees may voluntarily participate in and contribute to the City's VantageCare Retirement Health Savings Plan to set aside pretax contributions for health related expenses after separation or retirement.

18.10 Participation in Tax-Sheltered Annuities
To the extent permitted by the internal revenue service, the City will offer an IRS qualified tax sheltered annuity plan. Unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into the IRS qualified tax sheltered annuity plan account.

18.11 Participation in IRS 457 Deferred Compensation Plan To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified 457 deferred compensation plan. Unit represented employees may have funds deducted pre-tax from the unit represented employee's paycheck and deposited into the IRS qualified 457 deferred compensation plan.

18.11.1 Beginning the first pay period after Council ratification of the MOU, City shall provide up to a one percent (2%) of base salary match to each unit represented employee's two percent (2%) base salary contribution to their IRS qualified 457 deferred compensation plan for the remainder of calendar of the MOU. .

This deferred compensation will end the last pay period in June 20253.

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SECTION 19. SAFETY EQUIPMENT
Unit represented employees required to wear steel-toed safety shoes in the performance of their job duties shall receive an allowance of two hundred twenty-five dollars ($225) each year. This dollar amount is paid in advance for use during the year. It shall be prorated up to six (6) months for unit represented employees hired after January of the year in which it is paid, up to a minimum payment of one-half (1/2) the annual allowance for six (6) months. The following members of this unit are entitled to the above amounts:

Automotive Service Worker, Building Maintenance Specialist, Building Inspector, Equipment Mechanic, Maintenance Worker I, Maintenance Worker II, Maintenance Worker III, Municipal Equipment Operator, Ranger, Parks/Public Works Supervisor, Code Enforcement Officer, Engineers and Project Coordinator.

SECTION 20. UNIFORM AND TOOL ALLOWANCE
Unit represented employees of the Police Department who are required to wear uniforms not provided by the City shall receive a uniform allowance for the purchase and maintenance of uniforms. The uniform allowance shall be six hundred dollars ($600) per year. Individuals in the position of mechanic will be reimbursed up to $500 per year for personal purchase of tools used at the work site.

SECTION 21. TUITION REIMBURSEMENT
A unit represented employee may be reimbursed up to a maximum of two thousand dollars ($2000) within one fiscal year for tuition and related fees paid for courses of study in an off-duty status if the subject matter content of the course is closely related to the unit represented employee's present work assignment, or if the unit represented employee is enrolled in a program of study related to the unit represented employee's work assignment (declared major). There must be a reasonable expectation that the unit represented employee's work performance or value to the City will be enhanced as a result of the course of study or that the unit represented employee will be better prepared for promotional opportunities.

The unit represented employee must submit a Request for Tuition Reimbursement form to the unit represented employee's department director providing all information needed for an evaluation of the request. The department director shall recommend approval or disapproval and forward the request to the Human Resources Department, whose decision shall be final. If a course is approved and later found to be unavailable, a substitute course may be approved after enrollment. Tuition reimbursement shall be made to the unit represented employee upon completion of the course study with a copy of the report card reflecting a grade "C" or better, along with original documentation supporting the tuition reimbursement. A copy of this information is for placement in the unit represented employee's personnel file. All reimbursement must be returned to the City in full if the unit represented employee does not achieve at least a "C" grade. If the unit represented employee leaves City employment within one (I) year after reimbursement, such unit represented employee is required to refund one-half (1/2) of the reimbursement to the City.

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SECTION 22. PROBATIONARY PERIOD

22.1 Duration of Probationary Period
All appointments and promotions shall be tentative and subject to a probationary period of not less than one (I) year from the date of appointment or promotion. If a unit represented employee's extended absence from work has prevented a full probationary evaluation, the City Manager or designee shall have the right, in his or her sole discretion, to extend the probationary period to provide a full one (1) year probationary period. For the purpose of this Section, an extended absence from work shall be defined as absences of at least one (I) calendar month or six (6) cumulative weeks.

22.2 Termination
Where the authority has been delegated by the City Manager, the department director may terminate a probationary unit represented employee at any time during the probationary period for any reason. Upon such action of termination, the probationary unit represented employee shall have no right of appeal in any manner and no recourse to any of the procedures set forth in the Memorandum of Understanding.

22.3 Time Credited
The probationary period shall start from the date of probationary appointment. Probationary unit represented employees in regular part-time positions shall be credited with that portion of fulltime employment in which they work in a probationary status. Time worked by a unit represented employee in a temporary, extra help, or provisional status shall not count towards completion of the probationary period; provided, however, that time served in a temporary or provisional appointment may be credited to the probationary period upon recommendation of the Department Director and approval of the City Manager.

22.4 Regular Status
A unit represented employee who is not rejected prior to the completion of the prescribed probationary period shall acquire regular status. Former regular unit represented employees appointed from a re-employment eligibility list shall be given regular appointments when reemployed. Regular unit represented employees who are demoted to lower classifications shall be given regular appointments in the lower classifications; provided, however, that the unit represented employee has had prior regular status in the lower classification.

22.5 Layoff
A unit represented employee who is laid off and subsequently appointed as a result of certification from a general employment eligibility list to a position in a different classification than that from which laid off shall undergo a new probationary period. Former probationary unit represented employees whose names were placed on a re-employment eligible list before they achieved regular status shall start a new probationary period when appointed from a reemployment eligibility list.

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22.6 Transfer
Regular unit represented employees who transfer to another position in the same classification shall not be required to undergo a new probationary period in the position into which transferred.

22.7 Promotions
Regular unit represented employees who are promoted to a higher classification shall undergo the probationary period prescribed for the higher classification. During the probationary period, a unit represented employee may be rejected at any time by the appointing authority without right of appeal and without recourse to the procedures provided in Section 24 (Grievances) hereof.

SECTION 23. DISMISSAL, SUSPENSION, OR DEMOTION FOR CAUSE & PERSONNEL FILE
The City Manager or designee may dismiss, demote, or suspend any unit represented employee for cause. Suspension without pay shall not exceed thirty (30) days in any fiscal year. In accordance with applicable State law, a unit represented employee shall be notified in writing of any proposed disciplinary action with a copy to the Union and shall be given an opportunity to respond in writing or in person. Any regular unit represented employee who is suspended, demoted or dismissed shall be furnished a written notice of such action. Upon the unit represented employee's request, the unit represented employee shall be provided a written statement of the reasons for such action.

The employees official personnel file shall be maintained by the Human Resource Office. Employees shall have the right to review the contents of their official file upon request. Nothing may be removed from the file by the employee, but copies of the contents shall be provided at the employee’s request.

An employee shall have the opportunity to review, sign and date any and all adverse material to be included in the file. The employee may also attach a response to such materials within thirty (30) days of receipt. With the exception of routine payroll and personnel administration documents, all material in the file must be signed and dated by the author. The employee may include material relevant to the employee’s performance of assigned duties in the file.

Upon request of the employee, material relating to disciplinary action which are four (4) or more years old may be removed from the employee personnel file provided the employee has had no subsequent disciplinary action since the date of such prior action. Performance evaluations are excluded from this provision SECTION 24. GRIEVANCES

24.1 Definition
A grievance is any dispute that involves the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of the named City official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure.

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24.2 Procedure
Grievances shall be processed in the following manner:

24.2.1 Step One
Step 1. Immediate Supervisor. A grievance may be filed by a unit member in his/her own behalf, or jointly by a group of unit represented employees, or by the Association.

Within fourteen (14) calendar days of the event giving rise to a grievance, the aggrieved shall present the grievance in writing to his/her immediate Supervisor. Grievances not presented within the time period shall be considered resolved. The grievance shall state the particulars of the grievance, including the specific provision of this Memorandum of Understanding allegedly violated, and the desired remedy.

The Supervisor shall meet with the grievant to attempt to settle the grievance and give a written answer to the aggrieved within seven (7) calendar days from the receipt of the grievance by the Supervisor.

24.2.2 Step Two
If the grievance is not resolved in Step 1, the aggrieved may, within fourteen (14) calendar days from receipt of the Supervisor's written answer, present the grievance in writing to the department director for consideration. The department director shall investigate the issues, meet with the grievant and attempt to reach a satisfactory resolution of the problem. Answer to the grievance shall be made in writing by the department director within fourteen (14) calendar days from receipt of the grievance

24.2.3 Step 3 City Manager Step
If the grievance is not resolved in Step 2, the aggrieved may, within five (5) calendar days from receipt of the department director's answer, present the grievance in writing to the City Manager for consideration. The City Manager shall designate the Assistant City Manager or other representative to investigate the merits of the grievance, to meet with the grievant, and to attempt to settle the grievance or to make recommendations to the City Manager. The City Manager shall respond in writing within ten (10) calendar days from receipt of the grievance. No grievance may be further processed under Section 24 unless it has been filed in accordance with Sections

24.2.1 through 24.2.3..

24.2.4 Binding Arbitration
If an Adjustment Board is unable to arrive at a majority decision, either the Union or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. The Union and the City shall equally share arbitrator and court reporter fees and expenses. Each party, however, shall bear the cost of its own presentation, including preparation and post hearing briefs, if any.In the event the City Manager is unable to resolve the Grievance, either the Union or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Union and the City Manager. Notice of arbitration must be received within 10

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calendar days after receipt of the City Managers decision in 24.2.31. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own representation, including preparation and post-hearing briefs, if any. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the laws governing General Law Cities in the State of California. Prior to arbitration, the City and Union may mutually request the assistance of a Mediator to attempt to settle the grievance.

The arbitrator or mediator may be selected by mutual agreement between the Union and the City. Should the parties fail to mutually agree on an arbitrator/mediator, they shall make a joint request to the State Mediation and Conciliation Service for a list of five (5) qualified arbitrators/mediators.. The Parties shall each strike two (2) names from the list and the remaining person shall be accepted as the arbitrator. The first party to strike will be determined by the flip of a coin.

24.3 Final And Binding
Decision of an arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the laws governing general law cities in the State of California. No arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in the
1 City and Union Agree to adjust the numbering of sections upon final completion MOU

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miscellaneous bargaining unit represented by the Union and unless such dispute falls within the definition of a grievance as set forth in Section 24.1.

24.4 No Change to Memorandum
Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

24.5 Demotion, Suspension, and Dismissal Grievances
No grievance involving demotion, suspension, or dismissal of a unit represented employee will be entertained unless it is filed in writing with the City Manager within five (5) days not including Saturdays, Sundays or holidays, of the time at which the affected unit member was notified of such action.

When the City Manager in pursuance of Section 24.2.3 above resolves a grievance that involves suspension or discharge, the City Manager may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had the right to take the action complained of, the arbitrator may not substitute his judgment for the judgment of management and if he finds that the City had such right, he may not order reinstatement and may not assess any penalty upon the City.

24.6 Compensation Complaints
All complaints involving or concerning the payment of compensation shall be initially filed in writing with the City Manager. Only complaints which allege that unit represented employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed.

24.7 Mutual Agreement on Changes
No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager or designee and the Union president.

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SECTION 25. RETIREMENT

25.1 Unit represented employees are provided retirement benefits under the California Public Employee Retirement System (CalPERS) as described in this Section.

25.2 Tier One: 2.5% at 55 Retirement Program - Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and Unit Represented Employees Qualified for Reciprocity (Classic Member)
This Section (including subsections) shall apply to bargaining unit represented employees hired on or before December 31, 2012. In addition, this Section 25.2 shall apply to bargaining unit represented employees hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity (Classic Member) requirements:

25.2.1 2.5% at 55 Pension Formula
The "2.5% @ 55" retirement program will be available to bargaining unit represented employees covered by this Section.

25.2.2 Final Compensation Based On 12-Month Period
For the purposes of determining a retirement benefit, final compensation for bargaining unit represented employees covered by this Section 25.2 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 21362.2.

25.2.3 Required Bargaining Unit Member Contributions

25.2.3.1 Bargaining unit represented employees covered by this Section 25.2 shall continue to pay, through payroll deduction, the 8.0% member contribution.

25.2.3.2 Pension Cost Sharing
Effective July 25, 2015, bargaining unit represented employees covered by this Section 25.2 shall pay, through payroll deduction, the 8.0% member contribution and an additional 1% of PERSable compensation for a total contribution of 9% toward the normal cost of pension benefits as permitted by Government Code Section 20516.

Effective the first day of the first full pay period in July 2016, bargaining unit represented employees covered by this Section 25.2 shall pay, through payroll deduction, the 8.0% member contribution and an additional 2% of PERSable compensation for a total contribution of 10% toward the normal costs of pension benefits as permitted by Government Code Section 20516.

Effective the first day of the first full pay period in July 2017, bargaining unit represented employees covered by this Section 25.2 shall pay, through payroll deduction, the 8% member contribution and an additional 2.5% of PERSable compensation for a total contribution of 10.5% toward

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the normal costs of pension benefits as permitted by Government Code Section 20516.

The parties acknowledge that CalPERS mandates an election of unit represented employees, separate from ratification of this MOU, to provide for this cost sharing pursuant to Government Code Section 20516. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City's amendment to the CalPERS contract, unit represented employee contributions will be made pursuant to Government Code Section 20516, Unit member Cost Sharing of Additional Benefits. If the contract amendment is not complete before the effective date of the cost sharing described in this Section 25.2, the cost sharing shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f), and shall extend beyond the expiration of this MOU. The Union and the City will take all actions necessary to implement the pension cost sharing agreement described in this Section 25.2.

25.3 Tier Two: PEPRA Retirement Tier Required For Bargaining Unit Represented Employees Hired On or After January 1, 2013 and Not Qualified For Reciprocity (Not A Classic Member) This Section 25.3 (including subsections) shall apply to bargaining unit represented employees who were hired on or after January 1, 2013, and who do not qualify for pension reciprocity (not a Classic Member) as stated in Government Code Section 7522.02(c).

25.3.1 2% at 62 Pension Formula
The "2% @ 62" retirement program will be available to bargaining unit represented employees covered by this Section 25.3.

25.3.2 Final Compensation Based On 36-Months
Effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation for bargaining unit represented employees covered by this Section

25.3 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.

25.3.3 Required Bargaining Unit Represented Employee Contributions As required by Government Code Section 7522.04(g), effective January 1, 2013, bargaining unit represented employees covered by this Section 25.3 shall pay, through payroll deduction, fifty percent (50%) of normal costs.

25.3.3.1 Pension Cost Sharing
Effective July 25, 2015, in addition to paying 50% of normal costs as described above, bargaining unit represented employees covered by this Section 25.3 shall pay, through payroll deduction, an additional 1.0% of

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PERSable compensation toward the City's normal cost of pension benefits as permitted by Government Code Section 20516.

Effective the first day of the first full pay period in July 2016, in addition to paying 50% of normal costs as described above, bargaining unit represented employees covered by this Section 25.3 shall pay, through payroll deduction, an additional 2.0% of PERSable compensation toward the City's normal cost of pension benefits as permitted by Government Code Section 20516.

Effective the first day of the first full pay period in July 2017, in addition to paying 50% of normal costs as described above, bargaining unit represented employees covered by this Section 25.3 shall pay, through payroll deduction, an additional 2.5% of PERSable compensation toward the normal costs of pension benefits as permitted by Government Code Section 20516.

The parties acknowledge that CalPERS mandates an election of unit represented employees, separate from ratification of this MOU, to provide for this cost sharing pursuant to Government Code Section 20516. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City's amendment to the CalPERS contract, unit represented employee contributions will be made pursuant to Government Code Section 20516, Unit represented employee Cost Sharing of Additional Benefits. If the contract amendment is not complete before the effective date of the cost sharing described in this Section 25.3.3.1, the cost sharing shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f), and shall extend beyond the expiration of this MOU. The Union and the City will take all actions necessary to implement the pension cost sharing agreement described in this Section 25.3.3.1.

25.4 Converting Sick Leave Balance
A unit represented employee who retires may convert his/her unused sick leave balance to service credit as provided by Government Code Section 20965 (See Section 16.3).

25.5 Other Options Included In CalPERS Contract
Unit represented employees shall be eligible for other options included in the City's contract with CalPERS.

25.6 Implementation of lnternal Revenue Code Section 414(h)(2) As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each unit represented employee shall pay through payroll deductions the PERS contributions described in Section 25 with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).

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SECTION 26. NO STRIKE
The Union, its members and representatives, agree that it and they will not engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the Union nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the City, nor to effect a change of personnel or operations of management or of unit members not covered by this Memorandum of Understanding.

SECTION 27. SEPARABILITY OF PROVISIONS
In the event that any provision of this Memorandum of Understanding is declared by a court of competent jurisdiction to be illegal or unenforceable or is rendered void by state or federal legislative enactment, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this Memorandum of Understanding, all of which other provisions shall remain in full force and effect.

SECTION 28. PAST PRACTICES, AND PRIOR/

EXISTING MEMORANDA OF UNDERSTANDING
Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding. This Memorandum of Understanding shall supersede all existing memoranda of understanding and any side letter not incorporated into this MOU between the City and the Union.

SECTION 29. TERM OF AGREEMENT
The parties acknowledge that this MOU must be presented to and approved by the City of Pacifica City Council. This MOU shall become effective on the date approved by the City Council, July 1, 2023, except as specifically described in any article, and shall remain in full force and effect up to and including June 30, 2025.

SECTION 30. NEGOTIATIONS FOR A SUCCESSOR

MEMORANDUM OF UNDERSTANDING
No later than March 15, 2025, the City and the Teamsters 856 Miscellaneous shall begin negotiations for a successor Memorandum of Understanding by exchanging initial conceptual proposals.

Date of Council approval:

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-2360-3825 v I 45
TEAMSTERS UNION LOCAL 856
Miscellaneous Bargaining Unit

CITY OF PACIFICA
Date September 21, 2021 Date 11/3/2021
By
Peter Finn, Secretary-Treasurer
Principal Officer
Teamsters Local Union 856
By
Mark Leach
Teamsters Local Union 856
By
By Kevin Woodhouse
City Manager
By
Tina Wehrmeister
Assistant City Manager
Greta Hayes
Teamsters Local Union 856
chnMa!t/11
By chrimartin (Oct 11, 202114:54 PDT)
Chris Martin
Teamsters Local Union 856
By M Oct18,202115:37 PDT)
Michael Pham
Teamsters Local Union 856
Approved as to Form
By
Michelle y
City Attorney
Greta Hayes (Oct1 14:52 PDT)

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APPENDIX A
Appendix A-1
2021-22 Salary Schedule
Teamsters Miscellaneous Local 856

1.5% Increase over 2020-2021 Salary Schedule Effective July 1, 2021 Salary Range
C
Hours/Week

37.5 37.5

37.5 40

37.5 37.5

37.5 30
40 40
40 40
40 40
40 40

37.5 40
40 40
40 40
40 40
40 40
40 40
40 40
40 37.5

37.5 40
20 40
40 40
40 40
40 40
40 40
40 Minimum Maximum
Account Technician I $5,342 $5,779
Account Technician II $5,925 $6,381
Account Technician Ill $6,542 $7,045
Accountant $7,319 $8,886
Administrative Assistant $4,996 $5,934
Administrative Clerk $4,140 $4,913
Administrative Clerk II $4,499 $5,431
Administrative Clerk II (30 hours per week) $3,602 $4,344 Assistant Civil Engineer $6,893 $9,376
Assistant Planner $7,182 $8,683
Building Maintenance Specialist $5,973 $7,095
Child Care Assistant Supervisor $5,953 $7,072
Child Care Site Coordinator $5,537 $6,577
Child Care Teacher I $3,068 $3,665
Child Care Teacher II $3,682 $4,275
Child Care Teacher Ill (Lead) $4,112 $4,977
Child Care Technician $4,421 $5,277
Code Enforcement Officer $6,283 $8,198
Community Service Officer $5,325 $6,336
Community Services Coordinator (formerly MOW $5,418 $6,450 oordinator)
Equipment Operator $5,628 $6,646
Evidence Technician I $6,248 $7,415
Evidence Technician II $6,561 $7,786
Evidence Technician Ill $6,887 $8,175
Food Services Coordinator $4,946 $6,304
Information System and technology Analyst $8,437 $10,058 Maintenance Worker I $5,103 $6,160
Maintenance Worker II $5,438 $6,477
Maintenance Worker Ill $5,867 $6,965
Mechanic $6,249 $7,454
Permit Technician $4,982 $6,069
Police Records Clerk $4,772 $5,788
Police Records Supervisor $7,468 $9,055
Project Coordinator $6,006 $6,919
Property Clerk $2,286 $2,728
Public Works Supervisor (Streets, Parks or Motor Pool) $7,371 $9,368 Ranger I $5,309 $6,332
Recreation Coordinator $5,418 $6,450
Recreation Specialist $4,471 $5,319
Senior Building Maintenance Specialist $6,241 $9,860
Senior Equipment Mechanic $7,214 $8,607
Senior Services Program Coordinator $5,604 $6,698
Senior Services/Recreation Assistant Supervisor $5,836 $6,932 Systems Specialist $8,036 $9,579
Transportation Specialist $4,951 $6,017

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Appendix A-2
2022-2023 Salary Schedule
Teamsters Miscellaneous Local 856
2% Increase over 2021-2022 Salary Schedule Effective at the beginning of the first pay period in July 2022 C
Minimum
Salary Range
Maximum
Hours/Week
Account Technician I $ 5,449 $5,895 37.5
Account Technician II $6,043 $6,509 37.5
Account Technician Ill $6,673 $7,186 37.5
Accountant $7,466 $9,064 40
Administrative Assistant $5,096 $6,052 37.5
Administrative Clerk $4,223 $5,011 37.5
Administrative Clerk II $4,589 $5,540 37.5
Administrative Clerk II (30 hours per week) $3,674 $4,431 30 Assistant Civil Engineer $7,031 $9,563 40
Assistant Planner $7,326 $8,857 40
Building Maintenance Specialist $6,093 $7,237 40
Child Care Assistant Supervisor $6,072 $7,213 40
Child Care Site Coordinator $5,648 $6,709 40
Child Care Teacher I $3,130 $3,738 40
Child Care Teacher II $3,756 $4,361 40
Child Care Teacher Ill (Lead) $4,194 $5,076 40
Child Care Technician $4,510 $5,383 37.5
Code Enforcement Officer $6,409 $8,362 40
Community Service Officer $5,431 $6,462 40
Community Services Coordinator (formerly MOW $5,526 $6,579 40 oordinator)
Equipment Operator $5,741 $6,779 40
Evidence Technician I $6,373 $7,563 40
Evidence Technician II $6,692 $7,942 40
Evidence Technician Ill $7,025 $8,338 40
Food Services Coordinator $5,045 $6,430 40
Information System and technology Analyst $8,605 $10,259 40 Maintenance Worker I $5,205 $6,283 40
Maintenance Worker II $5,547 $6,606 40
Maintenance Worker Ill $5,984 $7,104 40
Mechanic $6,374 $7,603 40
Permit Technician $5,081 $6,190 40
Police Records Clerk $4,867 $5,903 37.5
Police Records Supervisor $7,618 $9,236 37.5
Project Coordinator $6,126 $7,058 40
Property Clerk $2,331 $2,783 20
Public Works Supervisor (Streets, Parks or Motor Pool) $7,518 $9,556 40 Ranger I $5,416 $6,458 40
Recreation Coordinator $5,526 $6,579 40
Recreation Specialist $4,560 $5,425 40
Senior Building Maintenance Specialist $6,366 $10,057 40 Senior Equipment Mechanic $7,358 $8,779 40
Senior Services Program Coordinator $5,716 $6,832 40
Senior Services/Recreation Assistant Supervisor $5,953 $7,071 40 Systems Specialist $8,196 $9,770 40
Transportation Specialist $5,050 $6,137 40

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APPENDIX B-1

CITY OF PACIFICA
170 Santa Maria Avenue
Pacifica, California 94044
CERTIFICATION OF HEALTH CARE PROVIDER (California Family Rights Act (CFRA)

AND FAMILY CARE AND MEDICAL LEAVE ACT (FMLA)
IMPORTANT NOTE: The California Genetic Information Nondiscrimination Act of 2011 (CalGINA) prohibits employers and other covered entities from requesting, or requiring, genetic information of an individual or family member of the individual except as specifically allowed by law. To comply with the Act, we are asking that you not provide any genetic information when responding to this request for medical information. "Genetic Information," as defined by CalGINA, includes information about the individual's or the individual's family member's genetic tests, information regarding the manifestation of a disease or disorder in a family member of the individual, and includes information from genetic services or participation in clinical research that includes genetic services by an individual or any family member of the individual. "Genetic Information" does not include information about an individual's sex or age.

1. Employee's Name:

2. Patient's Name (If other than employee):

Patient's relationship to employee:

If patient is employee's child, is patient either under 18 or an adult dependent child:

Yes No
□ □

3. Date medical condition or need for treatment commenced [NOTE: THE HEALTH CARE PROVIDER IS NOT TO DISCLOSE THE UNDERLYING DIAGNOSIS WITHOUT CONSENT OF THE PATIENT:]

4. Probable duration of medical condition or need for treatment:

5. The-attached sheet describes what is meant by a description of what constitutes a "serious health condition" under both the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Does the patient's condition qualify as a serious health condition? Yes No
□ □

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6. If the certification isfor the serious health condition of the employee, please answer the following:

Yes No
□ □ Is the employee able
(If "No," skip next question.)
to perform work of any kind?
□ □ Is employee unable to perform any one or more of the essential functions of employee's position? (Answer after reviewing statement from employer of essential functions of employee's position, or, if none provided, after discussing with employee.)

7. If the certification is for the care of the employee's family member, please answer the following:

Yes No
□ □
□ □
Does (or will) the patient require assistance for basic medical, hygiene, nutritional needs, safety, or transportation?
After review of the employee's signed statement (See Item 10 below), does the condition warrant the participation of the employee? (This participation may include psychological comfort and/or arranging for third-party care for the family member.)

8. Estimate the period of time care is needed or during which the employee's presence would be beneficial:

9. Please answer the following questions only if the employee is asking for intermittent leave or a reduced work schedule.

Yes No
□ □ Intermittent Leave: Isit medically necessary for the employee to be off work on an intermittent basis due to the serious health condition of the employee or family member?
If yes, please indicate the estimated frequency of the employee's need for intermittent leave due to the serious health condition, and the duration of such leaves (e.g., 1 episode every 3 months lasting 1-2 days):

Frequency: times per week(s) month(s)
Duration: hours or day(s) per episode
Yes No
□ □ Reduced Schedule Leave: Is it medically necessary for the employee to work less

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than the employee's normal work schedule due to the serious health condition of the employee or family member?

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If yes, please indicate the part-time or reduced work schedule the employee needs:

Yes No
_ hour(s) per day; days per week, from through
□ □ Time Off for Medical Appointments or Treatment: Is it medically necessary for the employee to take time off work for doctor's visits or medical treatment, either by the health care practitioner or another provider of health services? If yes, please indicate the estimated frequency of the employee's need for leave for doctor's visits or medical treatment, and the time required for each appointment, including any recovery period:

Frequency: times per week(s) month(s)
Duration: hours or day(s) per appointment/treatment
ITEM 10 IS TO BE COMPLETED BY THE EMPLOYEE NEEDING FAMILY LEAVE. ****TO BE PROVIDED TO THE HEALTH CARE PROVIDER UNDER SEPARATE COVER.

11. Printed name of health care provider:

Signature of health care provider:

Date:

12. Signature of Employee:

Date:

Serious Health Condition
"Serious health condition" means an illness, injury (including, but not limited to, on-the-job injuries),

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impairment, or physical or mental condition of the employee or a child, parent, or spouse of the

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employee that involves either inpatient care or continuing treatment, including, but not limited to, treatment for substance abuse. A serious health condition may involve one or more of the following:

1. Hospital Care
Inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care. A person is considered an "inpatient" when a heath care facility formally admits him or her to the facility with the expectation that he or she will remain at least overnight and occupy a bed, even if it later develops that such person can be discharged or transferred to another facility and does not actually remain overnight.

2. Absence Plus Treatment
(a) A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:
(1) Treatment two or more times by a health care provider, by a nurse or physician's assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
(2) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

3. Pregnancy [NOTE: An employee's own incapacity due to pregnancy is covered as a serious health condition under FMLA but not under CFRA] Any period of incapacity due to pregnancy; or for prenatal care.

4. Chronic Conditions Requiring Treatment
A chronic condition which:
(1) Requires periodic visits for treatment by a health care provider, or by a nurse of physician's assistant under direct supervision of a health care provider; (2) Continues over an extended period of time (including recurring episodes of a single underlying condition); and
(3) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

5. Permanent/Long-term Conditions Requiring Supervision A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer's, a severe stroke, or the terminal stages of a disease.

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on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), or kidney disease (dialysis).

Note: Authority cited: Section 12935(a), Government Code. Reference: Section 12945.2, Government Code; California Genetic Information Nondiscrimination Act, Stats. 2011, ch. 261; Family and Medical Leave Act of 1993, 29 U.S.C. § 2601 et seq.; and 29 C.F.R. § 825.

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APPENDIX B-2

CITY OF PACIFICA
170 Santa Maria Avenue
Pacifica, California 94044

CERTIFICATION OF HEALTH CARE PROVIDER

FOR PREGNANCY DISABILITY LEAVE, TRANSFER AND/OR REASONABLE

ACCOMMODATION
Employee's Name:

Please certify that, because of this patient's pregnancy, childbirth, or a related medical condition (including, but not limited to recovery from pregnancy, childbirth, loss or end of pregnancy, or postpartum depression), this patient needs (check all appropriate category boxes):
□ Time off for medical appointments.

Specify when and for what duration:
□ A disability leave. [Because of a patient's pregnancy, childbirth, or a related medical condition, she cannot perform one or more of the essential functions of her job or cannot perform any of these functions without undue risk to herself, to her pregnancy's successful completion, or to other persons.]
Beginning (Estimate):

Ending (Estimate):
□ Intermittent leave. Specify medically advisable intermittent leave schedule:

Beginning (Estimate):

Ending (Estimate):

D Reduced work schedule. [Specify medically advisable reduced work schedule.] Beginning (Estimate):

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Ending (Estimate):

D Transfer to a less strenuous or hazardous position or to be assigned to less strenuous or hazardous duties [specify what would be a medically advisable position/duties].

Beginning (Estimate):

Ending (Estimate):

D Reasonable accommodation(s). [Specify medically advisable needed accommodation(s). These could include, but are not limited to, modifying lifting requirements, or providing more frequent breaks, or providing a stool or chair.]
Beginning (Estimate):

Ending (Estimate):

Name, license number and medical/health care specialty [printed] of health care provider.

Signature of health care provider:

Date:

Authority Cited: Government Code Sections 12935, subd. (a), and 12945.

Reference: Government Code Sections 12940, 12945; FMLA, 29 U.S.C. §2601, et seq. and FMLA regulations, 29 C.F.R. § 825.

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Final Audit Report 2021-10-11
"2021 - 2023 Local 856 Misc MOU" History
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Created: 2021-10-11
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Status: Signed
Transaction ID: CBJCHBCAABAADR7heADHNewfNxYSzHebkjjcBNCX16v5.k Packet Pg. 324 Attachment: Attachment 4 - MOU TEAMSTERS 856 MISC Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the 2021 - 2023 Local 856 Misc MOU
Final Audit Report 2021-10-18
"2021 - 2023 Local 856 Misc MOU" History
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Created: 2021-10-18
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Status: Signed
Transaction ID: CBJCHBCAABAAglovRxZHuuETnb8pvpMwGM8BeoKlbOE6

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- 2023 Local 856 Misc MOU
Final Audit Report 2021-11-03
2021
"Signature page from Approved-Unsigned_ 2021 - 2023 Local 8 56 Misc MOU" History
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Transaction ID: CBJCHBCAABAARESnpCo1X9xy8FuxOtF2ilSpGgGDGwHF

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MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF PACIFICA
AND

PACIFICA POLICE MANAGEMENT

ASSOCIATION (PPMA)
AND

PACIFICA POLICE SUPERVISORS

ASSOCIATION (PPSA)
July 1, 2023– June 30, 2025
SECTION 1. RECOGNITION ...................................................................................................... 1

1.1 Association Recognition ........................................................................................ 1

1.2 City Recognition .................................................................................................... 1 SECTION 2. ORGANIZATION SECURITY............................................................................... 2 ATTACHMENT 5

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2.1 Dues Deduction...................................................................................................... 2

2.2 Changes or Cancellation of Deductions ................................................................. 2

2.3 Indemnification...................................................................................................... 3

2.4 Development of Law.............................................................................................. 3

2.5 Government Code Provisions Incorporated By Reference .................................... 3

2.6 Use of City Facilities ............................................................................................. 3

2.7 Use of Bulletin Boards ........................................................................................... 3

2.8 Advance Notice...................................................................................................... 4

2.9 Allowable Uses of Electronic Media ..................................................................... 4 SECTION 3. CITY RIGHTS......................................................................................................... 4 SECTION 4. NO DISCRIMINATION.......................................................................................... 4 SECTION 5. PPMA AND PPSA REPRESENTATIVES............................................................. 5

5.1 Bargaining Unit Represented Employee Contact Information .............................. 5

5.2 Union Access to New Employee Orientation ........................................................ 5

5.3 Attendance at Meetings by Employees .................................................................. 6

5.4 Access to Work Locations..................................................................................... 6 SECTION 6. PAY PLAN .............................................................................................................. 6

6.1 Base Salaries – PPMA and PPSA Bargaining Unit Classifications ...................... 6

6.2 Salary Schedule...................................................................................................... 7

6.2.1 2021-2022 Salary Schedule..................................................................... 7

6.2.2 2022-2023 Salary Schedule ..................................................................... 7

6.2.3 One Time Lump Sum Payments for FY 2021-2022 and FY 2022- 2023 ......................................................................................................... 7

6.3 Total Compensation Surveys ................................................................................. 7

6.4 Salary Schedule Regulations.................................................................................. 8

6.5 Salary for New PPMA and PPSA Unit Represented Employees .......................... 8

6.6 Conversion of Rates ............................................................................................... 8

6.7 Pay Days ................................................................................................................ 8

6.8 Pensionable Compensation .................................................................................... 8

6.9 Salary Range and Evaluation ................................................................................. 9

6.9.1 Minimum and Maximum Merit Increases for PPMA and PPSA Unit Represented Employees Only ......................................................... 9

6.9.2 Effective Date of Merit Increases for PPMA and PPSA Unit Represented Employees ........................................................................... 9

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6.9.3 Evaluation for PPMA and PPSA Unit Represented Employees........... 10

6.9.4 Assignment of Salary by City Manager ................................................ 10

6.9.5 Minimum Salary for PPMA and PPSA Unit Represented Employees ............................................................................................. 10

6.10 Exceptional Contribution Adjustment ................................................................. 10

6.11 Salary upon Transfer or Promotion...................................................................... 11

6.11.1 PPMA Unit Members............................................................................ 11

6.11.2 PPSA Unit Members ............................................................................. 11

6.12 Career Incentive Pay............................................................................................ 11

6.12.1 PPSA POST Certificate Pay.................................................................. 11

6.12.2 PPMA POST Certificate Pay................................................................. 12

6.12.3 Education Incentive ............................................................................... 12

6.13 Special Assignment Pay....................................................................................... 12

6.13.1 Administrative Sergeant Premium for PPSA Unit Represented Employees ............................................................................................. 13

6.13.2 Detective Premium for PPSA Unit Represented Employees................ 13

6.13.3 Bilingual Premium................................................................................. 13

6.14 Work Out of Classification/Limited Assignment ................................................ 13

6.14.1 Limited Assignment Terms................................................................... 13

6.14.2 Limited Assignment Pay ....................................................................... 13

6.15 Standby Pay ......................................................................................................... 14

6.16 Longevity Pay for PPSA Unit Represented Employees...................................... 14 SECTION 7. ANNIVERSARY DATE ....................................................................................... 14 SECTION 8. DAYS AND HOURS OF WORK ......................................................................... 14

8.1 Work Schedule..................................................................................................... 14 SECTION 9. OVERTIME PAY - PPSA UNIT MEMBERS........................................................ 15

9.1 Authorization to Work Overtime ......................................................................... 15

9.2 Overtime Pay ....................................................................................................... 15

9.2.1 Overtime Calculation............................................................................. 15

9.3 Overtime And Compensatory Time Off .............................................................. 15

9.4 Call Back.............................................................................................................. 16

9.5 Exchange of On-Duty Time................................................................................. 16 SECTION 10. LAYOFF .............................................................................................................. 16

10.1 Authority.............................................................................................................. 16

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10.2 Displacement and Reemployment ....................................................................... 17

10.3 Furlough for PPSA Unit Represented Employees............................................... 17 SECTION 11. HOLIDAYS ......................................................................................................... 17

11.1 Entitlement........................................................................................................... 17

11.2 Observed Holidays............................................................................................... 17

11.3 Holidays Falling on a Saturday............................................................................ 18

11.4 Holidays Falling on a Sunday.............................................................................. 18

11.5 Holidays Falling on a PPSA Unit Represented Employee’s Day Off ................. 18

11.6 Holiday Falling on a PPMA Unit Represented Employee’s Day Off ................. 19 SECTION 12. VACATIONS....................................................................................................... 19

12.1 Eligibility ............................................................................................................. 19

12.2 Vacation Credits Earned ...................................................................................... 19

12.2.1 Vacation Credits Earned for PPMA Unit Represented Employees....... 19

12.2.2 Vacation Credits Earned for PPSA Unit Represented Employees........ 19

12.3 Time Charged....................................................................................................... 20

12.4 Vacation Credits Advance ................................................................................... 20

12.5 Vacation Scheduling and Maximum Accrual...................................................... 20

12.6 Sick Leave During Vacation................................................................................ 21

12.7 Separation from Service....................................................................................... 21

12.8 Selling Back of Vacation Credits......................................................................... 21 SECTION 13. SICK LEAVE ...................................................................................................... 21

13.1 Accrual 21

13.2 Usage 21

13.3 Incapacity to Perform Duties............................................................................... 22

13.4 Sick Leave at Retirement or Termination............................................................ 22

13.4.1 PPSA Sick Leave at Retirement or Termination................................... 22

13.4.2 PPMA Sick Leave at Retirement or Termination.................................. 23 SECTION 14. LEAVES OF ABSENCE..................................................................................... 23

14.1 Family Illness Leave ............................................................................................ 23

14.2 Family Care & Medical Leave............................................................................. 24

14.2.1 Eligibility............................................................................................... 24

14.2.2 Family Care and Medical Leave Entitlement........................................ 24

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14.2.3 Family Care and Medical Leave To Care for a Covered Service Member with a Service Injury or Illness............................................... 25

14.2.4 Pay Status and Benefits......................................................................... 25

14.2.5 Relationship of Family Care and Medical Leave to Other Leaves ....... 26

14.2.6 Notice to the City................................................................................... 26

14.2.7 Medical Certification............................................................................. 26

14.2.8 Minimum Duration of Leave................................................................. 27

14.2.9 City’s Response to Leave Request ........................................................ 27

14.2.10 Dual Parent Employment ...................................................................... 27

14.2.11 Employee’s Status on Returning from Leave........................................ 28

14.3 Pregnancy Disability Leave ................................................................................. 28

14.3.1 Notice to City ........................................................................................ 28

14.3.2 Use of Sick Leave and Vacation During Pregnancy Disability Leave ..................................................................................................... 28

14.3.3 Health and Welfare Benefits ................................................................. 28

14.3.4 Employee Status.................................................................................... 29

14.3.5 Relationship Between Pregnancy Disability, FMLA, and CFRA Leaves.................................................................................................... 29

14.4 Jury Duty.............................................................................................................. 29

14.5 Military Leave...................................................................................................... 29

14.6 Campaign Leave .................................................................................................. 29

14.7 Leave of Absence Without Pay............................................................................ 30

14.8 Bereavement Leave.............................................................................................. 30

14.9 Absence Without Pay........................................................................................... 31

14.10 Administrative Leave for PPMA Unit Represented Employees.......................... 31

14.11 Catastrophic Illness or Injury Time Donation Program....................................... 31 SECTION 15. HEALTH AND WELFARE................................................................................ 31

15.1 Medical Insurance – City Contributions.............................................................. 31

15.1.1 Health Insurance Premiums................................................................... 32

15.1.2 Eligibility............................................................................................... 32

15.1.3 Health In-Lieu Payment Plan ................................................................ 32

15.2 Dental, Orthodontia, and Vision .......................................................................... 32

15.2.1 City of Pacifica Self-Funded Dental Plan ............................................. 32

15.2.2 City of Pacifica VSP Vision Plan.......................................................... 33

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15.3 Life and Disability Insurance............................................................................... 33

15.3.1 Life Insurance........................................................................................ 33

15.3.2 Long-Term Disability Plan.................................................................... 33

15.4 Domestic Partners Health Benefits...................................................................... 33

15.5 Coverage During Unpaid Leave .......................................................................... 34

15.6 Medical Flexible Spending Account.................................................................... 34

15.7 Dependent Care Flexible Spending Account....................................................... 34

15.8 Extended Medical, Dental, Prescription Drugs for PPMA and PPSA Unit Represented Employees....................................................................................... 34

15.9 Commuter Assistance Account............................................................................ 34

15.10 VantageCare Retirement Health Savings Account.............................................. 35

15.11 Participation in Tax-Sheltered Annuities............................................................. 35

15.12 Participation in IRS 457 Deferred Compensation Plan ....................................... 35

15.13 City Contribution to IRS Deferred Compensation Plans for PPSA Unit Represented Employees....................................................................................... 35

15.14 Mandatory PPMA and PPSA Unit Represented Employee Contributions to the ICMARC Deferred Compensation Plan ........................................................ 36

15.14.1 PPMA Unit Represented EmployeeContributions................................ 36

15.14.2 PPSA Unit Member Contributions........................................................ 36 SECTION 16. LABOR MANAGEMENT COMMITTEE ......................................................... 36 SECTION 17. UNIFORM ALLOWANCE................................................................................. 37 SECTION 18. AUTOMOBILE ALLOWANCE AND USE OF CITY VEHICLES FOR PPMA UNIT MEMBERS ............................................................................................... 37

18.1 Use of Public Safety Vehicle ............................................................................... 37 SECTION 19. PROBATIONARY PERIOD............................................................................... 37

19.1 Duration37

19.2 Credit for Time Worked in Temporary, Extra Help, or Provisional Status......... 38

19.3 Transfer to Another Department.......................................................................... 38

19.4 Completion of Probation...................................................................................... 38

19.5 Layoff 38

19.6 Termination.......................................................................................................... 38

19.7 Transfer to Same Classification........................................................................... 39

19.8 Promotion to Higher Classification ..................................................................... 39 SECTION 20. DISMISSAL, SUSPENSION OR DEMOTION FOR CAUSE .......................... 39

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Packet Pg. 333 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS SECTION 21. RETIREMENT PLAN......................................................................................... 39

21.1 City’s Contract with CalPERS............................................................................. 39

21.2 CalPERS Election about PPMA and PPSA Unit Represented Employee’s Payment of City’s Pension Costs......................................................................... 40

21.3 PPMA and PPSA Unit Represented Employees Payment of City’s Pension Costs 40

21.4 Tier One: Safety 3.0% at 50 Retirement Program – PPMA and PPSA Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and PPMA and PPSA Unit Represented Employees Eligible for Reciprocity........................................................................................................... 40

21.4.1 3% at 50 Pension Formula..................................................................... 40

21.4.2 Final Compensation Based On Twelve Month Period.......................... 40

21.4.3 Required Bargaining Unit Represented EmployeeContribution ........... 41

21.4.4 Additional Required Bargaining Unit Represented Employee Contribution – September 28, 2015....................................................... 41

21.4.5 Additional Required Bargaining Unit Represented Employee Contribution – July 1, 2016................................................................... 41

21.4.6 No City Intention to Impose .................................................................. 42

21.5 Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees in PPMA or PPSA Hired On or After January 1, 2013..................... 42

21.5.1 2% @ 50 – 2.7% @ 57 Pension Formula.............................................. 42

21.5.2 Final Compensation Based On Three Year Average............................. 42

21.5.3 Required Unit Represented Employee Contribution............................. 42

21.5.4 Additional Required Bargaining Unit Represented Employee Contribution – September 28, 2016....................................................... 42

21.5.5 Additional Required Bargaining Unit Represented Employee Contribution – July 1, 2016................................................................... 43

21.6 Implementation of Internal Revenue Code Section 414(h)(2)............................. 43

21.7 Definition of Status Quo Ante ............................................................................. 43 SECTION 22. GRIEVANCE PROCEDURE FOR PPMA UNIT REPRESENTED EMPLOYEES.................................................................................................................. 43

22.1 Definition ............................................................................................................. 43

22.2 Procedure ............................................................................................................. 44

22.3 No Change to Memorandum................................................................................ 45

22.4 Demotion, Suspension and Dismissal Grievances............................................... 45

22.5 Compensation Complaints................................................................................... 45

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Packet Pg. 334 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS

22.6 Mutual Agreement on Changes ........................................................................... 46 SECTION 23. GRIEVANCE PROCEDURE FOR PPSA UNIT REPRESENTED EMPLOYEES.................................................................................................................. 46

23.1 Definition ............................................................................................................. 46

23.2 Public Safety Officer Procedural Bill of Rights .................................................. 46

23.3 Procedure ............................................................................................................. 46

23.3.1 Step 1. Immediate Supervisor................................................................ 46

23.3.2 Step 2. Department Director.................................................................. 47

23.3.3 Step 3. City Manager............................................................................. 47

23.3.4 Step 4. Adjustment Board...................................................................... 47

23.3.5 Step 5. Arbitration. ................................................................................ 47

23.4 Scope of Authority of Adjustment Board or Arbitrator....................................... 48

23.5 Discipline Grievances.......................................................................................... 48

23.6 Grievances Regarding Compensation.................................................................. 48

23.7 No Changes in this Memorandum of Understanding .......................................... 48 SECTION 24. TUITION REIMBURSEMENT .......................................................................... 49

24.1 Amount and Eligibility ........................................................................................ 49

24.2 Request for Pre-Approval and Reimbursement ................................................... 49

24.3 City Authorization ............................................................................................... 49

24.4 Proof of Completion ............................................................................................ 49

24.5 Reimbursement to City Upon Separation ............................................................ 50 SECTION 25. RESPONSE TIME............................................................................................... 50 SECTION 26. NO STRIKE......................................................................................................... 50 SECTION 27. SEPARABILITY OF PROVISIONS .................................................................. 50 SECTION 28. PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING ....................................................................................................... 50 SECTION 29. ADDITIONAL PROVISIONS ............................................................................ 51

29.1 Term of Agreement.............................................................................................. 51

29.2 Negotiations for a Successor Memorandum of Understanding ........................... 51 APPENDIX A.............................................................................................................................. 50 APPENDIX A-1........................................................................................................................... 51 APPENDIX A-2........................................................................................................................... 52 APPENDIX B.............................................................................................................................. 54 APPENDIX B-1........................................................................................................................... 55

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Packet Pg. 335 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS APPENDIX B-2........................................................................................................................... 56 APPENDIX C-1........................................................................................................................... 58 APPENDIX C-2........................................................................................................................... 63

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Packet Pg. 336 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 1 MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF PACIFICA
AND

PACIFICA POLICE MANAGERS ASSOCIATION
AND

PACIFICA POLICE SUPERVISORS ASSOCIATION
The Pacifica Police Managers Association and the Pacifica Police Supervisors Association and representatives of the City of Pacifica have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of unit represented employees in the representation units specified in Section 1, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employeremployee relations of such unit represented employees.

This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500, et seq.) and has been jointly prepared by the parties.

This Memorandum of Understanding shall be presented to the City Council as the joint recommendations of the undersigned for salary and unit represented employee benefit adjustments for the period commencing upon City Council approval and ending June 30, 2025.

SECTION 1. RECOGNITION

1.1 Association Recognition
The Pacifica Police Supervisors Association, hereinafter referred to as the "PPSA," is the recognized employee organization for the Police Sergeants Unit, comprised of the following classification certified pursuant to Resolution No. 29-84 adopted by the City Council on April 23, 1984: Police Sergeant.

The Pacifica Police Management Association, hereinafter referred to as the "PPMA," is the recognized employee organization for the Police Management Unit, comprised of the following classification certified pursuant to a resolution adopted by the City Council on or about April 23, 1984: Police Captain.

1.2 City Recognition
The City Manager, or any person or organization duly authorized by the City Manager, is the representative of the City of Pacifica, hereinafter referred to as the "City" in employeremployee relations as provided in Resolution No. 29-84 adopted by the City Council on April 23, 1984.

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Packet Pg. 337 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 2 SECTION 2. ORGANIZATION SECURITY

2.1 Dues Deduction
The City shall rely on a written certification from the Union requesting a deduction or reduction from employees’ salaries or wages confirming that the Union has and will maintain individual signed employee authorizations affirmatively consenting to dues deductions consistent with the law. After providing the required certification, the Union shall not be required to provide a copy of individual authorizations to the City unless a dispute arises about the existence or terms of the authorization.

Based on the certification from the Union described above, the City shall deduct, monthly, the amount of Union regular and periodic dues and service fees, insurance premiums, and any special membership assessments as may be specified by the Union under the authority of an authorization card furnished by the Union and signed by the unit member. Dues deduction for any individual shall be made only upon the written request of the Union.

The deductions, together with a written statement of the names and amounts deducted, shall be forwarded promptly to the Union office at the address specified by the Union. Dues shall be deducted only for members of the Union within the represented unit.

At the time of initial employment, the City shall distribute to new unit members Unionprepared information about agency fee and Union-prepared payroll deduction forms. Each pay period, the City shall provide the Union with a list of newly hired unit members as required by Section 4.1.

The unit member’s earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions authorized by this Section. When a unit member is in a non-pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings nor will the unit member deposit the amount with the City which would have been withheld if the unit member had been in pay status during that period. If a unit member is in a non-pay status during a part of the pay period, and that unit member’s salary is not sufficient to cover the full withholding, the City shall not deduct Union dues. In this connection, all other required deductions have priority over the Union dues and unit member organization deduction.

2.2 Changes or Cancellation of Deductions
Dues deductions may be revoked only pursuant to the terms of the employee’s written authorization. The City shall direct employee requests to cancel or change deductions to the Union. As required by state law, the City shall rely on information provided by the Union regarding whether deductions for the Union were properly canceled or changed.

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Packet Pg. 338 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 3 2.3 Indemnification The Union shall indemnify and hold harmless the City, its officers and employees, from and against any and all loss, damages, costs, expenses, claims, attorney fees, demands, actions, suits, judgments, and other proceedings arising out of any action relating to this Section 2. The Union shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.

2.4 Development of Law In the event any portion of the California Government Code is amended to address the transfer of monies between the Union and the City, the parties will reopen this section of the MOU to meet and confer regarding the change in law.

2.5 Government Code Provisions Incorporated By Reference The parties incorporate by reference the provisions of Government Code sections 1150-1157.12.

2.6 Use of City Facilities
City employees or the PPMA or PPSA, or their representatives may, with the prior approval of the Assistant City Manager or his/her representative, be granted the use of City facilities during non-work hours for meetings of City employees provided space is available, and provided further such meetings are not used for organizational activities or membership drives of City employees. All such requests shall be in writing and shall state the purpose or purposes of the meeting. The City reserves the right to assess reasonable charges for the use of such facilities.

The use of City equipment other than items normally used in the conduct of business meetings, such as desks, chairs, and blackboards, is strictly prohibited, the presence of such equipment in approved City facilities notwithstanding.

2.7 Use of Bulletin Boards
The PPMA and PPSA may use portions of City bulletin boards under the following conditions:
(1) All materials are subject to the approval of the department director or Division Head in charge of the departmental bulletin board.
(2) All materials must be dated and must identify the organization that published them. (3) Unless special arrangements are made, materials posted will be removed thirty-one (31) days after the publication date. Materials that the department director considers objectionable will not be posted provided, however, the department director shall first discuss this denial with the City Manager. (4) The City reserves the right to determine where bulletin boards shall be placed and what portion of them is to be allocated to the PPMA and PPSA's materials.

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Packet Pg. 339 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 4 2.8 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to PPMA and/or PPSA if it is affected by any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council, by any board or commission of the City, or by any department, and PPMA and/or PPSA shall be given the opportunity to meet with such body prior to adoption. In cases of emergency when the City Council determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with PPMA and/or PPSA, the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.

2.9 Allowable Uses of Electronic Media
PPMA and PPSA representatives may utilize the City's email system to facilitate communication of information to its members and to coordinate meetings. Such use is subject to all conditions and limitations provided by City policy.

SECTION 3. CITY RIGHTS
Except as otherwise provided in this Memorandum of Understanding, the rights of the City include, but are not limited to, the exclusive right to determine the mission of its constituent departments, commissions and boards; set standards of service; determine the procedures and standards of selection for employment and promotion; direct its employees; take disciplinary action; relieve its employees from duty because of lack of work or for other legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which government operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; and exercise complete control and discretion over its organization and the technology of performing its work.

SECTION 4. NO DISCRIMINATION
The City of Pacifica prohibits harassment and discrimination in the workplace on the basis of race, color, sex (including pregnancy, childbirth, and related medical conditions), gender, gender identity, gender expression, national origin, citizenship status, age, religious creed, physical or mental disability, marital status, medical condition, genetic information, sexual orientation, AIDS/HIV status, political activities or affiliations, ancestry, military and veteran status, status as a victim of domestic violence, assault, or stalking, or legitimate unit member organization activities.

It is the policy of the City that all employees have the right to work in an environment free from any such harassment and discrimination. Such prohibited activity debilitates the morale and

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Packet Pg. 340 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 5 productivity of the victims and their co-workers. The City does not condone any form of such harassment or discrimination and those who engage in such activities shall be subject to disciplinary action up to and including termination.

SECTION 5. PPMA AND PPSA REPRESENTATIVES

5.1 Bargaining Unit Represented Employee Contact Information To the extent required by Government Code Section 3558, the City shall provide the Union President with a list of names and contact information (listed below) for any newly hired unit represented employee within 30 days of the date of hire or by the first pay period of the month following hire. The City shall also provide the Union a list of all unit represented employee names and contact information on the last working day of September, January, and May. The information shall include the following information except for any information subject to exclusion pursuant to Government Code Section 6254.3(c):
• Employee name,
• Job title,
• Department,
• Work location,
• Home address, and
• Work, home and personal telephone numbers and personal email addresses on file with the City.

5.2 Union Access to New Employee Orientation
The City will provide a written statement to each new bargaining unit represented employee that the classification is part of a bargaining unit represented by the Union, and the name of a representative of the Union. The City will provide the employee with a packet of information and an electronic membership application form supplied by the Union.

The City will provide the Union President not less than ten (10) days’ notice of the onboarding orientation meeting held between the Human Resources Department representatives and new bargaining unit represented employees, including the date, time and location of the orientation meeting. If a bargaining unit represented employee’s first day or work begins less than ten (10) days after the date the employee is hired, the 10-day notice requirement may be reduced, and the City will instead provide as much advance notice as reasonably possible of the orientation meeting.

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Packet Pg. 341 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 6 The City will allow a Union unit employee representative and/or a Union outside labor representative to spend up to thirty (30) minutes with the new unit represented employee at the end of the onboarding orientation meeting in order to provide information and materials about the MOU and related matters. No representative of City management shall be present during the Union’s presentation. A bargaining unit represented employee attending the onboarding orientation meeting as the Union representative shall be given paid release time sufficient to cover the Union’s presentation and related travel time. The Union will provide the Human Resources Department with the names of any bargaining unit represented employees who they request to be released for this purpose as soon as reasonably possible, and at least 48 hours before the meeting.

5.3 Attendance at Meetings by Employees
City employees who are official representatives or unit representatives of PPMA or PPSA shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. Such employee representatives may be required to submit a written request for excused absence to their respective department director, with an information copy to the Assistant City Manager, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for such purposes shall not exceed two (2).

5.4 Access to Work Locations
Reasonable access to PPMA and PPSA unit represented employee work locations shall be granted to officers of the PPMA and PPSA, respectively, and their officially designated representatives, for the purpose of processing grievances or contacting members of the PPMA and PPSA concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.

Solicitation of membership and activities concerned with the internal management of an employee organization, such as collecting dues, holding membership meetings, campaigning for office, conducting elections and distributing literature, shall not be conducted during working hours.

SECTION 6. PAY PLAN

6.1 Base Salaries – PPMA and PPSA Bargaining Unit Classifications The 2023-2024 salary ranges and salary schedule for PPMA and PPSA bargaining unit classifications in PPMA and PPSA in effect on July 1 30, 2023, are stated in Appendices A and B respectively, and attached to and incorporated into this MOU.

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Packet Pg. 342 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 7 6.2 Salary Schedule

6.2.1 2023-2025 Salary Schedule
PPMA
Effective July 1, 2023, the City shall improve the base salary schedule for all PPMA bargaining unit classifications by two percent (2.0%) for PPMA represented employees in active, paid status. . The updated Salary Schedule is attached as Appendix A and includes the following 2023 Equity Adjustment:
 Police Captain 3% Equity Adjustment to base salary
Effective July 1, 2024, the City shall provide an additional two percent (2%) salary adjustment for current PPMA bargaining unit represented employees in active, paid status on the effective date. Additionally, effective July 1, 2024, the City shall provide a 2024 Equity Adjustment of 3% to the Police Captain’s base salary attached as Appendix A-1.

PPSA
Effective July 1, 2023, the City shall improve the base salary schedule for all PPSA bargaining unit classifications by two percent (2%) for current PPSA bargaining unit represented employees in active, paid status on the effective date. The updated Salary Schedule is attached as Appendix B and includes the following 2023 Equity Adjustment:
 Police Sergeant 2% equity adjustment to base salary

6.3 Effective July 1, 2024, the City shall provide an additional two percent (2%) salary adjustment for current PPSA bargaining unit represented employees in active, paid status on the effective date. Additionally, effective July 1, 2024, the City shall provide a 2024 Equity Adjustment of 2% to the Police Sergeant’s base salary The Salary Schedule Shall be updated and attached as Appendix B-1. Total Compensation Surveys When preparing a total compensation survey for use at the bargaining table with PPMA and PPSA as described in Government Code Section 3505.4(d), the City agrees to consider the parties’ historic use of the following cities as one element of determining total compensation: Redwood City, City of San Mateo, City of Brisbane, San Bruno, Belmont, Millbrae, Burlingame, Menlo Park, Daly City, Foster City, San Carlos and South San Francisco.

For PPMA and PPSA unit members, each survey shall show total compensation received as of January 1, 2023 and shall be produced for PPMA and PPSA’s review by March 1, 2023.

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Packet Pg. 343 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 8 6.4 Salary Schedule Regulations
The rates of pay set forth in Appendices A through B: (1) represent the standard rate of pay for full-time employment for each classification of PPMA and PPSA unit represented employees. Compensation for PPMA and PPSA unit represented employees working less than full-time shall be adjusted proportionately; (2) represent the total compensation due PPMA and PPSA unit represented employees, except for overtime compensation and other benefits specifically provided for by City Council or this Memorandum of Understanding; and (3) do not include reimbursement for actual and necessary expenses authorized and incurred incident to City employment.

6.5 Salary for New PPMA and PPSA Unit Represented Employees Except as herein otherwise provided, the entrance salary for a new PPMA or PPSA unit represented employee entering the classified service shall be the minimum salary for the class to which such new PPMA or PPSA unit represented employee is appointed. In case of unusual recruitment difficulty or of hiring exceptionally qualified personnel, initial salary may be at any step by the City Manager, whose decision shall be final. Such a salary may not be more than the maximum salary for the class to which the PPMA or PPSA unit represented employee is appointed.

6.6 Conversion of Rates
For PPMA and PPSA unit represented employees, any monthly, per diem, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time basis when, in the judgment of the City Manager, such a conversion is advisable.

6.7 Pay Days
PPMA and PPSA unit represented employees shall be paid bi-weekly, normally on a Friday every other week. When a holiday is celebrated on a Friday payday, employees normally will be paid on the regular workday immediately preceding that Friday.

6.8 Pensionable Compensation
To the extent permitted by the California Public Employees’ Retirement Law and CalPERS regulations, the following types of pay shall be reported to CalPERS as special compensation for classic members and pensionable compensation for new members:

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Packet Pg. 344 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 9 Special Compensation
“Classic” Members”
Pensionable
Compensation
“New Members”
Post Certificate Pay
Education Incentive
Detective Premium
Bilingual Premium
Longevity Pay
Limited Assignment Pay
Administrative Leave
Uniform Allowance
Vehicle Allowance
Post Certificate Pay
Education Incentive
Detective Premium
Bilingual Premium
Longevity Pay

6.9 Salary Range and Evaluation
Effective with any evaluation initiated after adoption of this Memorandum of Understanding, each PPMA and PPSA unit represented employee shall have a salary range with a designated minimum and maximum salary only. In conjunction with the unit represented employee’s annual performance evaluation, the unit represented employee’s supervisor shall consider a merit salary increase. No increase in salary shall be automatic merely upon completion of a specific period of service. All increases shall be based upon merit as established by the record of the PPMA or PPSA unit represented employee’s performance and shall require recommendation of the department director and approval of the City Manager. Standards of performance shall become progressively higher as the PPMA or PPSA unit represented employee advances through the salary range.

6.9.1 Minimum and Maximum Merit Increases for PPMA and PPSA Unit Represented Employees Only
PPMA and PPSA unit represented employees whose performance is satisfactory based upon a performance evaluation and recommendation of their commander shall be eligible for merit salary increases of between three percent (3%) and seven percent (7%).

6.9.2 Effective Date of Merit Increases for PPMA and PPSA Unit Represented Employees
Merit increases for PPMA and PPSA unit represented employees will become effective upon the PPMA and PPSA unit represented employees designated anniversary date, if approved. Once awarded, the increase for meritorious service will normally be continued in future years and not be revoked at the end of the year in which granted, except as provided otherwise in this section.

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Packet Pg. 345 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 10 6.9.3 Evaluation for PPMA and PPSA Unit Represented Employees PPMA and PPSA unit represented employees at the top of their designated salary range shall also be evaluated on an annual basis by their supervisor. If such PPMA or PPSA unit represented employees have a satisfactory evaluation with the individual's performance being at an acceptable level, the unit represented employee’s salary shall continue to be at the top of their designated salary range. If the PPMA or PPSA unit represented employeess’ general performance and work habits are unsatisfactory, an increase in salary may be withheld, or the salary of the unit represented employee may be reduced by a maximum of five percent (5%) within the established salary range for his classification upon recommendation of the department director and approval of the City Manager. Any regular PPMA or PPSA unit represented employees shall, upon request, be given a statement of the justification for reduction in salary and shall be entitled to appeal as provided in Section 22.5 or 23.6 (Grievances), as applicable.

6.9.4 Assignment of Salary by City Manager
If the City Manager at any time determines that it is in the City's interest, she or he may assign PPMA and PPSA unit represented employees to a higher rate within the salary range fixed for the classification. The City Manager shall regulate the accelerated advancement through the salary range.

6.9.5 Minimum Salary for PPMA and PPSA Unit Represented Employees

6.9.5.1 Minimum Salary for PPMA Unit Represented Employees No PPMA unit represented employee shall receive less than five percent (5%) more than any subordinate who reports to that PPMA unit represented employees caused by any increase in subordinate’s salary during the term of this agreement.

6.9.5.2 Minimum Salary for PPSA Unit Represented Employees The City shall maintain a five percent (5%) difference in the salary range between the positions of Corporal and Sergeant.

6.10 Exceptional Contribution Adjustment
When a PPMA or PPSA unit represented employee makes a unique contribution to the City that is not expected in the normal discharge of the responsibilities of the position, and when such contribution is obvious by its significance, substantial, and unique nature, the individual may be awarded an exceptional contribution adjustment. Such an award will be limited to a maximum of five percent (5%) and be granted in a lump sum or for a specific limited period of time not to exceed twelve (12) months. The actual percentage amount up to the five percent (5%) limit and the time interval it is to be awarded for will be determined by the City Manager and will be based upon the quality and significance of the contribution

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Packet Pg. 346 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 11 that is being recognized. There shall be no more than three (3) exceptional contribution adjustments for police personnel in any one (1) year.

6.11 Salary upon Transfer or Promotion

6.11.1 PPMA Unit Members
For PPMA unit represented employees, the transfer of a unit represented employee shall not be cause for a decrease in salary.

All PPMA unit represented employees upon promotion shall be entitled to an increase in salary of not less than five percent (5%) above their current salary; provided, however, that in no event shall the PPMA unit represented employees receive more than the maximum salary for the classification.

6.11.2 PPSA Unit Members
For PPSA unit represented employees, the transfer of employee unit represented employee shall not be cause for a change in salary. Personnel who previously served as sworn personnel in the Pacifica Police Department and are promoted into the PPSA unit shall be entitled to an increase in salary of at least two- and one-half percent (2-1/2%) or to placement at the bottom of the range, whichever is higher. In no event shall the PPSA unit represented employee receive more than the maximum salary for the classification and in no event shall the PPSA unit represented employee receive less than two percent (2.0%) above top step corporal.

6.12 Career Incentive Pay

6.12.1 PPSA POST Certificate Pay
PPSA unit represented employees in the police sergeant classification who successfully complete a probationary period in the police sergeant classification, and hold permanent status shall be eligible to receive the following monthly amount if they possess or acquire the Peace Officers Standards and Training Certificate as reflected below:

Advanced Certificate
$825 effective July 1, 2020
Supervisory Certificate
$1,000 effective July 1, 2020

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Packet Pg. 347 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 12 POST certificate pay shall not be cumulative for PPSA unit members. The City shall only pay for the highest attained POST certificate.

6.12.2 PPMA POST Certificate Pay
PPMA unit represented employees in the police captain classification who successfully completed a probationary period in police captain classification, and hold permanent status shall be eligible to receive the following monthly amount if they possess or acquire the Peace Officers Standards and Training Certificate as reflected below:

Advanced Certificate
• $825 effective July 1, 2020
Supervisory Certificate
• $1,000 effective July 1, 2020
Management Certificate
• $1,500 effective the first full pay period following City Council approval of the MOU.

POST certificate pay shall not be cumulative for PPMA unit members. The City shall only pay for the highest attained POST certificate.

6.12.3 Education Incentive
As an incentive for PPSA unit represented employees to obtain educational degrees, the City shall pay PPSA unit represented employees in the classification covered by this Memorandum of Understanding the following monthly amounts for incentive pay:

Associate Degree $125.00
Bachelors Degree $175.00
Masters Degree $300.00
As an incentive for PPMA unit represented employees to obtain educational degrees, the City shall pay PPMA unit represented employees in the classification covered by this Memorandum of Understanding the following monthly amounts for incentive pay:

Master’s Degree $300.00

6.13 Special Assignment Pay
The additional payments provided in this Section for the performance of special assignments are additional compensation and shall be paid only while PPMA or PPSA unit

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Packet Pg. 348 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 13 represented employees are on such assignments. Such additional payments are not promotional compensation. The Police Chief, at his or her sole discretion, may assign PPMA and PPSA unit represented employees to and relieve unit represented employees from these special assignments.

6.13.1 Administrative Sergeant Premium for PPSA Unit Represented Employees PPSA unit represented employees assigned to perform a special assignment as an Administrative Sergeant shall receive special assignment pay of three hundred and fifty ($350.00) per month, in addition to but separate from all other compensation, when assigned to and performing the duties of an Administrative Sergeant.

6.13.2 Detective Premium for PPSA Unit Represented Employees The City shall pay three hundred and fifty ($350.00) per month to PPSA unit represented employees assigned to perform on a full-time basis as a special assignment as a Crime Prevention Officer, or a Detective, or a Juvenile Officer.

6.13.3 Bilingual Premium
A PPMA or PPSA bargaining unit represented employee may qualify for bilingual pay only in Spanish, Tagalog, and Chinese, if the unit represented employee passes a proficiency examination as required by City. When a PPMA or PPSA unit represented employee is approved for bilingual pay, the unit represented employee shall receive an additional five percent (5%) of the unit represented employee’s base salary.

6.14 Work Out of Classification/Limited Assignment

6.14.1 Limited Assignment Terms
A PPMA or PPSA unit represented employee may be reassigned from the duties of his classification to perform the duties of a higher classification by means of a Limited Assignment. Limited Assignment shall be made only to existing positions, which are not actively occupied by reason of the temporary absence of the regular appointed incumbent. Limited Assignment shall be in writing on an approved form, which among other things shall indicate the name of the unit represented employee, his regular classification, and the classification to which he is assigned on a limited basis. The Limited Assignment must be dated and signed by the department director or his or her duly authorized representative and approved by the City Manager.

6.14.2 Limited Assignment Pay
PPSA Unit Represented Employees

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Packet Pg. 349 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 14 PPSA unit represented employees working on a Limited Assignment shall be paid at the beginning step of the salary range for such higher classification or not less than five percent (5%) above the PPSA unit represented employee’s regular salary range step, whichever is greater, for each full-time day beyond forty (40) straight time hours the unit represented employee is assigned to the higher classification, retroactive to the first day. Any overtime worked by employee unit represented employee in a Limited Assignment, other than an emergency or a court appearance, must be approved by the department director PPMA Unit Represented Employees
PPMA unit represented employees will only be eligible to receive Limited Assignment Pay for Limited Assignments that are 80 hours or longer in duration and meet the terms stated above in Section 6.14.1. PPMA unit represented employees working on a Limited Assignment shall be paid five percent (5%) above the unit represented employee’s regular salary range step for each fulltime day the unit represented employee is assigned in the higher classification, retroactive to the first day.

6.15 Standby Pay
PPSA unit represented employees working as a detective and who are assigned to be on standby shall receive five (5) hours compensatory time off for each week of standby duty.

6.16 Longevity Pay for PPSA Unit Represented Employees
The City shall pay PPSA unit represented employees for longevity pay as shown on Appendices B-1 and B-2. Starting on July 1, 2023, PPSA members with more than 20 years of service with the City of Pacifica shall receive an additional 1% increase to their base salary. This change shall be reflected in Appendices B-1 and B-2.

SECTION 7. ANNIVERSARY DATE
For all purposes except eligibility for salary increases, a PPMA or PPSA unit represented employee’s anniversary date shall be the date of initial hire. For the purposes of salary administration, the anniversary date shall be the effective date of the PPMA or PPSA unit represented employee’s last merit increase, promotion, demotion, or reinstatement.

SECTION 8. DAYS AND HOURS OF WORK

8.1 Work Schedule
The Department Director may assign full-time PPMA and PPSA unit represented employees in an administrative assignment or a patrol assignment to a regular work

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Packet Pg. 350 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 15 schedule consisting of (a) forty (40) hours, composed of five (5) consecutive days of eight (8) hours each, (b) forty (40) hours composed of four (4) consecutive days of ten (10) hours each, or (c) eighty hours per pay period composed of three (3) consecutive days of twelve (12) hours each per week and one eight (8) hour shift per pay period.

The Department Director may administratively assign PPMA and PPSA unit represented employees regularly scheduled for a ten (10) hour work day or twelve (12) hour work day to an eight (8) hour work day for weekly periods, Monday through Fridays, for the purposes of modified assignment, court appearances, jury duty or training periods of three (3) days or more.

SECTION 9. OVERTIME PAY - PPSA UNIT MEMBERS

9.1 Authorization to Work Overtime
All overtime work for PPSA unit represented employees must be approved in advance by the department director or his or her designated representative; provided, however, that for emergency conditions the department director may approve exceptions to this procedure, on matters of direct concern to the City of Pacifica.

9.2 Overtime Pay
Any authorized time actually worked in excess of the PPSA unit represented employee’s regular forty (40) hour workweek shall be considered overtime and shall be compensable at the rate of one and one-half (1-1/2) times the PPSA unit represented employee’s regular straight-time rate of pay. All overtime shall be calculated to the nearest quarter (1/4) hour in favor of the PPSA unit represented employees.

9.2.1 Overtime Calculation
The FLSA overtime rate for PPSA unit represented employees shall be calculated using the base salary rate, longevity pay, career incentive pay, education incentive pay, Field Training Officer pay, Detective pay, Bilingual pay, Canine Officer pay, holiday in lieu pay, stand-by and any other specialty pay or as required by the FLSA. Specifically excluded in the FLSA overtime rate will be call-back pay.

9.3 Overtime And Compensatory Time Off
To the extent permitted by this Section, a PPSA unit represented employee may opt to be paid for overtime hours defined in Section 9.1 either by monetary payment or by compensatory time off (CTO) to the extent permitted by applicable State or Federal law at the discretion of the department director.

The maximum amount of CTO that a PPSA unit represented employee may accrue shall be limited to one hundred twenty (120) hours. CTO shall be taken at a time mutually

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Packet Pg. 351 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 16 agreeable to the PPSA unit represented employee and the Department Director; provided, however, that if a unit represented employee accrues CTO in excess of forty (40) hours, the Department Director may schedule the unit represented employee to use any portion of the accrued compensatory time.

For any compensatory time off a PPSA unit represented employee accrues in excess of one hundred and twenty (120) hours, the City will pay the PPSA unit represented employee at the overtime rate of pay.

PPSA unit represented employees who terminate employment shall be paid for unused compensatory time off accrued at the rate of pay at time of termination.

9.4 Call Back
If a PPSA unit represented employee who has completed his normal shift for the day is called back to work (from home), the unit represented employee shall, upon reporting, receive a minimum of four (4) hours overtime compensation for each such call back.

PPSA Unit represented employees who are ordered to report to work during their off-duty hours for the purpose of appearing in Court and who do so at the specified time shall receive a minimum of four (4) hours' pay at time and one-half (1-1/2). This provision does not apply to instances where PPSA unit represented employees are ordered to report to work less than three (3) hours prior to their regular starting time or are held over less than three (3) hours after their regular quitting time for the purpose of appearing in court.

9.5 Exchange of On-Duty Time
Exchanges of on duty time by PPSA unit represented employees shall be permitted to the extent allowable by applicable state or federal law when approved, provided such exchange does not result in financial responsibility for the City.

When PPSA unit represented employees exchange on-duty time, the hours worked shall be excluded from the calculation of the hours for which the substituting PPSA unit represented employee would otherwise be entitled to overtime compensation. Where one PPSA unit represented employee substitutes for another, each employee will be credited as though he or she had worked his or her normal work schedule for that shift.

SECTION 10. LAYOFF

10.1 Authority
In the event of layoff, the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative, shall notify the affected unit represented employees in writing as soon as possible but no later than thirty (30) working days prior to the effective day of the layoff. Layoff shall be implemented within classes of positions and all temporary unit represented employees in affected classifications shall be laid off

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Packet Pg. 352 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 17 prior to layoff of any probationary or regular unit represented employees. For the purpose of determining order of layoff, total cumulative time shall include time served in military leave of absence.

10.2 Displacement and Reemployment
Unit represented employees laid off shall have the right to displace the unit represented employee in the same classification having the least seniority; provided, however, if there is no other unit represented employee in the classification of the laid off unit represented employee with less seniority, the laid off unit represented employee may take a voluntary demotion to a classification in which such employee unit represented employee had prior regular status, thus displacing the unit represented employee working in that classification who has less seniority. Names of persons laid off shall be placed upon reemployment lists in order of total cumulative time served and shall remain on such list for a period of two (2) years unless reemployed sooner. Sick leave and seniority rights earned prior to layoff will be returned to the unit represented employee upon reemployment. Upon request of the unit represented employee with the permission of the City Manager, demotion may be made to a vacant position in place of layoff. The City Manager's decision shall be final.

10.3 Furlough for PPSA Unit Represented Employees
The City has the prerogative to furlough PPSA unit represented employees to a maximum of 24 days in each fiscal year. The provisions of section 10.1 and 10.2 shall not apply to furloughs. The determination of whether furloughs are necessary shall not be subject to the grievance procedure; however, the City agrees that before making a final determination, in order to insure, among other things, that furlough hours are equally distributed among PPSA bargaining unit represented employees and that PPSA bargaining unit work shall not be performed by non-unit represented employees as a result, it will meet and confer with the PPSA to discuss the parties' financial situations, alternatives and parameters prior to implementation."
SECTION 11. HOLIDAYS

11.1 Entitlement
Regular full-time PPMA and PPSA unit represented employees shall be entitled to take all authorized holidays at full pay, not to exceed eight (8) hours for any one (1) day, provided they are in a pay status on both their regularly scheduled workdays immediately preceding and following the holiday.

11.2 Observed Holidays
Holidays observed by both the PPMA and the PPSA are:
(1) January 1st New Year’s Day
(2) Third Monday in January Martin Luther King, Jr. Day

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Packet Pg. 353 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 18 (3) Third Monday in February Washington’s Birthday
(4) Last Monday in May Memorial Day
(5) July 4th Independence Day
(6) First Monday in September Labor Day
(7) November 11th Veterans Day
(8) Fourth Thursday in November Thanksgiving Day
(9) Fourth Friday in November
(10) December 24th
Day after Thanksgiving Day
Christmas Eve Day
(11) December 25th Christmas Day
In addition to the 11 observed holidays stated above, PPSA unit represented employees shall observe the following two additional holidays:
(12) June 14th Flag Day
(13) October 12th Columbus Day
In addition to the 11 observed holidays stated above, PPMA unit represented employees shall receive 2 floating holidays, for a total of 13 fixed and floating holidays.

11.3 Holidays Falling on a Saturday
If one of the holidays listed above falls on a Saturday and the PPMA or PPSA unit represented employee is not regularly scheduled to work that day, the unit represented employee’s last regularly scheduled workday preceding the holiday shall be considered a holiday.

11.4 Holidays Falling on a Sunday
If one of the holidays listed above falls on a Sunday and the PPMA or PPSA unit represented employee is not regularly scheduled to work that day, the unit represented employee’s first regularly scheduled workday following the holiday shall be considered a holiday.

11.5 Holidays Falling on a PPSA Unit Represented Employee’s Day Off If one of the holidays listed above falls on a PPSA unit represented employee’s day off other than a Saturday or Sunday or if a PPSA unit represented employee is required to work on a holiday, he or she shall be allowed a regular workday off at a time determined by agreement between the unit represented employee and the department director. If the department director determines that it is not feasible to grant such other workday off, including those workdays considered holidays in Sections 11.3 and 11.4, the unit represented employee shall be paid for the holiday worked on the basis of straight time but not to exceed eight (8) hours for any one (1) holiday. Such compensation shall be paid quarterly on the payday closest to March, June, September and December .

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Packet Pg. 354 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 19 11.6 Holiday Falling on a PPMA Unit Represented Employee’s Day Off If one of the holidays listed above falls on a PPMA unit represented employee’s day off other than a Saturday or Sunday or if a PPMA unit represented employee is required to work on a holiday, they shall be allowed a regular workday off at a time determined by agreement between the unit represented employee and the department director.

SECTION 12. VACATIONS

12.1 Eligibility
PPMA and PPSA unit represented employees shall begin to accrue vacation credit from the first full day of employment; however, no unit represented employee shall be entitled to annual vacation leave without first serving the six (6) months original probationary period.

12.2 Vacation Credits Earned

12.2.1 Vacation Credits Earned for PPMA Unit Represented Employees PPMA unit represented employeesshall accrue vacation time in hourly amounts according to the following schedule up to a maximum vacation accrual of two and one-half (2½) times the annual accrual rate:

Vacation Days Earned
per year of Years of
Service
Full-Time Service
Hours
Accrued Per
Pay Period
1st yr. through 5th yr. 11 days 3.38
6th yr. through 10th yr. 16 days 4.92
11th year 17 days 5.23
12th year 18 days 5.54
13th year 19 days 5.85
14th year 20 days 6.15
15th year 22 days 6.77
16th year 23 days 7.08
17th year 24 days 7.38
18th year 25 days 7.69
19th year 26 days 8.00
20th year & up 27 days 8.31

12.2.2 Vacation Credits Earned for PPSA Unit Represented Employees

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Packet Pg. 355 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 20 PPSA unit represented employees shall earn vacation credits in the manner shown below, up to a maximum accrual of twice his or her annual vacation allowance:

Beginning Year of
Service
Ending Year
of Service
Bi-Weekly
Accrual Rate Equivalent Days
0 5 11
6 10 15
11 11 16
12 12 17
13 13 18
14 14 19
15 15 20
16 16 21
17 17 22
18 18 23
19 19 24
20 20 25
Annual accrual amount for PPSA unit represented employees will equal number of days x 8 hours

12.3 Time Charged
For PPMA unit represented employees, vacation time shall be charged on the basis of the number of days used for vacation purposes, and in conformance to the Fair Labor Standards Act.

For PPSA unit represented employees, vacation time shall be charged on the basis of the actual number of working hours the PPSA unit represented employees is on vacation to the nearest one tenth (1/10th) hour.

12.4 Vacation Credits Advance
PPMA and PPSA unit represented employees may take only such vacation as they have accumulated at the time that the vacation begins, except after three (3) years of service the unit represented employee may draw upon anticipated vacation credits not to exceed forty (40) hours per year. At termination of employment the City shall be reimbursed by the unit represented employee for any vacation taken in excess of vacation credit. For PPSA unit represented employees only, fractional days shall not be taken as vacation but shall remain to the credit of the unit represented employee.

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Packet Pg. 356 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 21 or all of his annual vacation in a particular year, the department director may permit the unit represented employee to take such deferred vacation during the following calendar year.

12.6 Sick Leave During Vacation
If a PPMA or PPSA unit represented employee becomes sick during his vacation, such unit represented employee may charge the period of illness against sick leave credits in the same manner as provided in Section 13 (Sick Leave). A doctor's certificate may be required as provided in Section 13.

12.7 Separation from Service
PPMA and PPSA unit represented employees who terminate employment shall be paid a lump sum for all accrued vacation leave earned prior to the effective day of termination.

Former PPMA and PPSA unit represented employees reemployed by the City shall receive no credit for prior service in determination of vacation benefits.

12.8 Selling Back of Vacation Credits
PPMA and PPSA unit represented employees shall be allowed to sell to the City a maximum of 96 hours of vacation leave per year, at the individual's prevailing wage. The PPMA and PPSA unit represented employees must have a balance of forty (40) hours accrued vacation leave remaining after the return of the hours to the City. This provision may be utilized once during the fiscal year, any amount up to 96 hours, and the request must coincide with a regularly scheduled payday.

SECTION 13. SICK LEAVE

13.1 Accrual
PPMA and PPSA unit represented employees shall earn sick leave credit at the rate of 8.0 hours per month of service beginning with the first full day of employment.

13.2 Usage
Sick leave shall not be considered a privilege, which a PPMA or PPSA unit represented employee may use at his or her discretion, but shall be allowed only in cases of necessity and actual sickness including necessary physician appointments or disability. Unit represented employees are entitled to use their earned sick leave benefits to be off work without the loss of compensation under the following conditions:

13.2.1 For the unit represented employee's own illness or injury or for the illness or injury of the unit represented employee’s family member as allowed under family illness leave.

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Packet Pg. 357 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 22 13.2.2 For the unit represented employee's receipt of required medical or dental care or consultation or for the required medical or dental care or consultation of the unit represented employee’s family member as allowed under family illness leave.

13.2.3 For unit represented employees who are victims of domestic violence, sexual assault or stalking as specified in state law.

13.2.4 Each hour of illness or injury shall be deducted from the unit represented employee's accumulated sick leave benefits.

Sick leave shall be charged against a PPMA or PPSA unit represented employee’s sick leave credit as the actual number of hours of the regular work period that the PPMA or PPSA unit represented employee is on sick leave. PPMA and PPSA unit represented employee shall be entitled to sick leave compensation except unit represented employees serving the first six (6) months of the original probationary period.

When the absence is for more than one (1) working day in a week, PPMA and PPSA unit represented employees may be required to file a physician's statement with the Personnel Office verifying that the unit represented employee was absent due to illness or injury.

13.3 Incapacity to Perform Duties
The City Manager or where the authority has been delegated by the City Manager, the City Manager's representative may require any PPMA or PPSA unit represented employee who he/she believes may be physically or mentally incapacitated for work to undergo an examination by a physician designated by the City and at the City's expense. If as a result of the physician's examination the PPMA or PPSA unit represented employee is determined to be incapacitated to perform his/her duties, the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative may place the PPMA or PPSA unit represented employee on leave of absence without pay, with due process, provided such action is not in conflict with Government Code Section 4850, and where applicable, the Public Safety Officers Procedural Bill of Rights Act. PPMA and PPSA unit represented employees may use accrued sick leave, vacation or compensatory time prior to being placed on a leave of absence without pay. Vacation and sick leave credits shall not accrue when a PPMA or PPSA unit represented employee is on an unpaid leave of absence.

13.4 Sick Leave at Retirement or Termination
The City has amended its contract with the Public Employee's Retirement System to provide for PPMA and PPSA unit represented employees the provisions of Section 20965 of the Optional Benefit Provision of PERS regulations, entitled "Credit for Unused Sick Leave."

13.4.1 PPSA Sick Leave at Retirement or Termination

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Packet Pg. 358 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 23 PPSA unit represented employees establish the following mandatory participation in the City’s ICMA RC VantageCare program for a retirement health savings account.

Beginning with PPSA unit represented employees retiring from the City of Pacifica on or after December 1, 2022 or separating from employment with the City of Pacifica on or after December 1, 2022, at the time of retirement or separation from employment with the City of Pacifica, unit represented employees shall contribute the balance of 50% of accrued sick leave to the PPSA unit represented employee’s ICMA RC VantageCare Plan.

PPSA unit represented employees otherwise terminating their City employment or being terminated shall forfeit all unused sick leave benefits as of the termination date. Former PPSA unit represented employees reemployed by the City shall receive no credit for prior service in determination of sick leave benefits.

13.4.2 PPMA Sick Leave at Retirement or Termination
PPMA unit represented employees establish the following mandatory participation in the City’s ICMA RC VantageCare program for a retirement health savings account.

At the time of retirement or separation from employment with the City of Pacifica, PPMA unit represented employees shall contribute the balance of 50% of accrued sick leave to the ICMA RC VantageCare Plan.

PPMA unit represented employees shall contribute a specified amount from each paycheck to the plan, based on the following:
45+ years of age $100 per paycheck
40-44 years of age $75 per paycheck
21-39 years of age $75 per paycheck
SECTION 14. LEAVES OF ABSENCE

14.1 Family Illness Leave
According to State Law, a PPMA or PPSA unit represented employee may use his or her accrued sick leave up to a maximum of six (6) days per year, where the unit represented employee’s attendance is required to attend to a member of his family who is ill. For purposes of this Section 14.1, “family member” is defined as a biological, adopted, or foster child; stepchild; legal ward, or a child to whom the unit represented employee stands in loco parentis; a biological, adoptive, or foster parent; stepparent, or legal guardian of an

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Packet Pg. 359 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 24 unit represented employee or the unit represented employee’s spouse or registered domestic partner (a registered domestic partnership requires filing an Affidavit of Domestic Partnership with the Secretary of State), or a person who stood in loco parentis when the unit represented employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; or sibling. A doctor's note may be required to substantiate the illness of the family member.

14.2 Family Care & Medical Leave
Each eligible PPMA and PPSA unit represented employee is entitled to family care and medical leave as provided by the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), as amended. The leaves under FMLA and CFRA will run concurrently to the extent permitted by law.

14.2.1 Eligibility
To be eligible for family care and medical leave, on the date on which leave is to begin, a full-time or part-time unit represented employee must have been employed by the City for at least twelve (12) months, which need not be consecutive, and have actually worked at least 1,250 hours of service during the twelve (12) month period immediately preceding the commencement of the leave.

14.2.2 Family Care and Medical Leave Entitlement
Subject to the provisions of this MOU, City policy, and state and federal law, including the federal FMLA and the CFRA, an eligible unit represented employee is entitled to a total of twelve (12) workweeks of unpaid leave during any twelve (12) month period for any one, or more, of the following reasons:

14.2.2.1 The birth of a child and to care for the newborn child (FMLA and CFRA);

14.2.2.2 The placement with the unit represented employee of a child for adoption or foster care and care for the newly placed child (FMLA and CFRA);

14.2.2.3 To care for the unit represented employee’s child, parent or spouse who has a serious health condition. (Child is defined as biological, adopted, or foster child, stepchild, legal ward, or child of a person standing in loco parentis who is under 18 years of age or an adult dependent child. Parent is defined as biological, foster or adoptive parent, stepparent, legal guardian, or other person who stood in loco parentis to the unit represented employee when the unit represented employee was a child. Parent does not include a parent-in-law. “Spouse” means partner in marriage or a registered domestic partner as defined in the Family Code and includes same-sex partners in marriage.)

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Packet Pg. 360 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 25 14.2.2.4 Because of a unit represented employee’s own serious health condition that makes the unit represented employee unable to perform the functions of the unit represented employee’s position, except for disability on account of pregnancy, childbirth, or related medical conditions, which is covered by pregnancy disability leave. (Pregnancy disability counts toward only California Pregnancy Disability Leave (PDL) and FMLA leave.)

14.2.2.5 Because of any qualifying exigency arising out of the fact that the unit represented employee’s spouse, son, daughter, or parent is a military member on covered active duty (or has been notified of an impending call or order to covered active duty status) (FMLA only).

The twelve (12) month period for FMLA/CFRA purposes is
determined by the fiscal year.

14.2.3 Family Care and Medical Leave To Care for a Covered Service Member with a Service Injury or Illness
Subject to the provisions of this MOU, City policy, and state and federal law, including the FMLA, an eligible unit represented employee may take FMLA leave to care for a covered service member with a serious injury or illness if the unit represented employee is the spouse, son, daughter, parent, or next of kin of the servicemember.

14.2.3.1 An eligible unit represented employee’s entitlement under Section

14.2.4 is limited to a total of twenty-six (26) workweeks of leave during a single 12-month period to care for a covered
servicemember with a serious injury or illness. The “single 12- month period” in which the 26-weeks-of-leave-entitlement described in this begins on the first day a unit represented employee takes leave to care for the covered servicemember.

14.2.3.2 During the “single 12-month period” described above, an eligible unit represented employee’s FMLA leave entitlement is limited to a combined total of twenty-six (26) workweeks of FMLA leave for any qualifying reason.

14.2.4 Pay Status and Benefits
Except as provided in this Section 14, the family care and medical leave will be unpaid. The City will, however, continue to provide City contributions toward the health plan premiums during the period of family care and medical leave for up to twelve (12) work weeks on the same basis as contributions would have been provided had the unit represented employee not taken family care and medical leave. The unit represented employee will be required to continue to pay the unit represented employee’s share of premiums payments, if any.

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Packet Pg. 361 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 26 14.2.5 Relationship of Family Care and Medical Leave to Other Leaves Any leave of absence that qualifies as family care and medical leave and is designated by the City as family care and medical leave will be counted as running concurrently with any other paid or unpaid leave to which the unit represented employee may be entitled for the same qualifying reason. A unit represented employee is required to utilize the unit represented employee’s accrued sick leave for FMLA/CFRA qualifying absences due to the unit member’s own serious health condition. A unit represented employee may be required to use accrued vacation leave for FMLA/CFRA qualifying reasons unrelated to the unit represented employee’s own serious health condition.

14.2.6 Notice to the City

14.2.6.1 The unit represented employee must provide written notice to the City as far in advance of the leave as possible and as soon as the unit represented employee reasonably knows of the need for the leave.

If the need for the leave is foreseeable based on an expected birth, placement of a child for adoption or foster care or planned medical treatment, the notice must be provided at least (thirty) 30 calendar days in advance of the leave, or if not reasonably known (thirty) 30 calendar days before the leave, then as soon as reasonably practicable.

14.2.6.2 The written notice must inform the City of the reasons for the leave, the anticipated duration of the leave and the anticipated start of the leave.

14.2.6.3 The unit represented employee shall consult with the City and make a reasonable effort to schedule any planned medical treatment or supervision so as to minimize disruption to department operations.

14.2.7 Medical Certification

14.2.7.1 A unit represented employee’s request for family care and medical leave to care for a child, a spouse, or a parent who has a serious health condition shall be supported by a certification issued by the health care provider of the individual requiring care. If additional leave is requested after the expiration of the time originally estimated by the health care provider, the unit represented employee shall provide the City with recertification by the health care provider.

14.2.7.2 A unit represented employee’s request for family care and medical leave because of unit represented employee’s own serious health condition shall be supported by a certification issued by the unit represented employee’s health care provider.

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Packet Pg. 362 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 27 14.2.7.3 As a condition of a unit represented employee’s return from leave taken because of the unit represented employee’s own serious health condition, the unit represented employee is required to obtain certification from the unit represented employee’s care provider that the unit represented employee is able to resume work.

14.2.7.4 Employees are required to use the medical certification forms available from the City Human Resources Department to meet the certification and recertification requirements of this section.

14.2.8 Minimum Duration of Leave

14.2.8.1 Leave does not need to be taken in one continuous period of time.

14.2.8.2 Leave taken for a serious health condition of the unit represented employee’s child, parent, or spouse of the unit represented employee may be taken intermittently or on a reduced work schedule when medically necessary, as determined by the health care provider of the person with the serious health condition. However, intermittent or reduced work schedule leave may be taken for absences where the unit represented employee or covered family member is incapacitated or unable to perform the essential functions of the position because of a chronic serious health condition, even if he or she does not receive treatment by a health care provider.

14.2.8.3 Leave taken for reason of birth, adoption, or foster care placement of a child of the unit represented employee does not have to be taken in one continuous period of time. Any leave(s) taken shall be concluded within one (1) year of the birth of placement of the child with the unit represented employee. The basic minimum duration shall be two (2) weeks. However, the City shall grant a request for a leave of less than (2) weeks’ duration on any two (2) occasions.

14.2.9 City’s Response to Leave Request
It is the City’s responsibility to designate leave, paid or unpaid, as family and medical leave-qualifying based on the information provided by the unit represented employee and to notify the unit represented employee of the designation.

14.2.10 Dual Parent Employment
Where both parents are City unit represented employees, allowable leave for the birth, adoption, or foster care placement of a child is limited to a total of twelve (12) work weeks in a 12-month period between the two unit represented employees. Their family care and medical leave entitlement is not limited or combined for any other qualifying purpose.

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Packet Pg. 363 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 28 14.2.11 Employee’s Status on Returning from Leave
Except as provided by law, on return from family care and medical leave, an unit represented employee is entitled to be returned to the same or equivalent position the unit represented employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. A unit represented employee is also entitled to reinstatement even if the unit represented employee has been replaced or the unit represented employee’s job has been restructured to accommodate the unit represented employee’s absence. If a unit represented employee is no longer qualified for the position because, e.g., of the employer’s inability to renew a license, as a result of the leave, the unit represented employee shall be given a reasonable opportunity to fulfill those conditions upon returning to work. A unit represented employee has no right to return to the same position. Use of family care and medical leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible unit represented employee’s FMLA/CFRA leave.

14.3 Pregnancy Disability Leave
A pregnant unit represented employee is entitled to an unpaid leave of up to four (4) months, as needed, for the period(s) of time the unit represented employee is actually disabled by pregnancy, as determined by her health care provider.

14.3.1 Notice to City
Using the City’s Certification of Health Care Provider form for pregnancy disability leave, a unit represented employee should provide at least thirty (30) days advance notice or notice as soon as practicable of the unit represented employee’s need for pregnancy disability leave or need for reasonable accommodation based on the advice of her health care provider that reasonable accommodation is medically advisable because of pregnancy or a related medical condition.

14.3.2 Use of Sick Leave and Vacation During Pregnancy Disability Leave A unit represented employee is required to use any accrued sick leave during an otherwise unpaid pregnancy disability leave. A unit represented employee may, at her option, use accrued vacation during an otherwise unpaid portion of a pregnancy disability leave.

14.3.3 Health and Welfare Benefits
The City shall maintain its contribution toward health and welfare benefits under Section 15 during any unpaid portion of a pregnancy disability leave on the same basis that the contribution would have been provided if the unit represented employee had not taken pregnancy disability leave.

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Packet Pg. 364 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 29 14.3.4 Employee Status
During a pregnancy disability leave, the unit represented employee shall retain unit represented employee status, and the leave shall not constitute a break in service for any purpose under this MOU except that the leave shall not count toward completion of probation.

14.3.5 Relationship Between Pregnancy Disability, FMLA, and CFRA Leaves

14.3.5.1 A pregnancy disability leave shall run concurrently with the unit represented employee’s FMLA leave entitlement.

14.3.5.2 The right to take pregnancy disability leave is separate and distinct from the right to take leave under CFRA. A unit represented employee’s own disability due to pregnancy, childbirth or related medical conditions is not a “serious health condition” under CFRA.

14.3.5.3 At the end of the unit represented employee’s period(s) of pregnancy disability leave, or at the end of four months of pregnancy disability leave, whichever occurs first, a CFRA-eligible unit represented employee may request to take CFRA leave of up to twelve (12) workweeks for reason of the birth of her child, if the child has been born by this date.

14.4 Jury Duty
A PPMA or PPSA unit represented employee summoned to jury duty shall inform his supervisor and, if required to serve, may be absent from duty with full pay; provided, however, the unit represented employee must remit to the City, through the unit represented employee’s department director, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses. When a PPMA or PPSA unit represented employee is released from jury duty each day, he or she must report to work promptly for the balance of his or her regularly scheduled shift or workday.

14.5 Military Leave
The provisions of the Military and Veterans Code of the State of California as well as the Uniformed Services Employment and Reemployment Act shall govern military leave of PPMA and PPSA unit represented employees.

14.6 Campaign Leave
Upon becoming a candidate for public office, any regular PPMA or PPSA unit represented employee may request and be granted a leave of absence without pay, to remain in effect for the period of his or her candidacy.

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Packet Pg. 365 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 30 14.7 Leave of Absence Without Pay
Upon written request, the City Manager, or where the authority has been delegated by the City Manager, the City Manager's representative, may grant employee PPMA or PPSA unit represented employee a leave of absence without pay for a definite period not to exceed one (1) year. The decision by the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative, shall be final. Upon expiration of leave of absence the PPMA or PPSA unit represented employee shall be reinstated in the position held at the time the leave was granted or to another position in the same classification. Failure on the part of PPMA or PPSA unit represented employee on leave to report promptly on its expiration, or within fifteen (15) days after notice to return to duty shall result in such unit represented employee's automatic dismissal. Vacation and sick leave credits shall not accrue to PPMA or PPSA unit represented employees on voluntary leave of absence. Additionally, seniority credits shall not accrue to a PPMA or PPSA unit represented employee on voluntary leave of absence.

14.8 Bereavement Leave
All Employees are permitted 5 days of Unpaid Bereavement Leave upon the death any family member listed in Section 12945.2 of the Government Code. In case of death within the immediate family of a PPMA or PPSA unit represented employee, such unit represented employee shall be entitled to remain absent from duty with pay in order to arrange and/or attend the funeral or memorial services for the times hereinafter specified:
(1) If the service is within the Bay Area (i.e., Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Sonoma Counties) not to exceed a maximum of three (3) working days.
(2) If the service is outside the Bay Area, not to exceed a maximum of five (5) working days. Said bereavement leave is not to be charged to sick or vacation leave.

For the purpose of this Section 14.8, immediate family is defined as parent, sibling, spouse, domestic partner, child, mother-in-law, father-in-law, brother-in-law, sister-in-law, grandparents, grandchildren, great grandparents, stepchildren, foster children, or other persons with whom there is a demonstrated child-rearing/parental or immediate familial relationship.The Paid Bereavement leave runs concurrent with the 5 Day Bereavement Leave. However, the leave days need not be consecutive. For Bereavement Leave in excess of 3 days, or the additional two for out-of-Bay Area, all employees may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee. Proof of death (death certificate, obituary, funeral program, etc.) or proof of miscarriage/stillbirth (a note from a healthcare provider) must be submitted within 30 calendar days of when the employee returns to work. Additional time off for this purpose must be vacation, C.T.O., or unpaid leave. Bereavement leave must be approved by the Department Head.”

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Packet Pg. 366 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 31 14.9 Absence Without Pay
Failure of a PPMA or PPSA unit represented employee to report for duty on a normal working day or shift without notice to his department director of the reason for such absence within thirty (30) minutes after the time designated as the beginning of the work day shall constitute absence without leave and without pay. PPMA and PPSA unit represented employees should make every effort to contact their department director prior to the start of their shift if they plan to be absent.

Absence without leave for any length of time without satisfactory explanation is cause for dismissal. Absence without leave for five (5) or more consecutive days shall be deemed a tender of resignation.

14.10 Administrative Leave for PPMA Unit Represented Employees PPMA unit represented employees will receive administrative leave at the rate of 80 hours per fiscal year, in recognition of the additional evening, weekend and on call responsibilities of an exempt employee. The administrative leave is in lieu of compensatory time, must be used during the fiscal year in which it is received, has no cash value, and does not accumulate from year to year.

14.11 Catastrophic Illness or Injury Time Donation Program For PPMA and PPSA unit represented employees, the City will continue to offer a catastrophic leave program for donation of time in the event of catastrophic illness or injury.

SECTION 15. HEALTH AND WELFARE

15.1 Medical Insurance – City Contributions
Effective July 1, 2021 and continuing for the 2022and 2023 calendar years, the City will contribute up to the following maximum amounts per month toward the cost of health benefits for each full-time PPMA and PPSA unit represented employee. For the purpose of this Health and Welfare Section, “full-time” means the PPMA or PPSA unit represented employee is assigned to a classification requiring the unit represented employee to work at least forty (40) hours per week. In the event the actual monthly premium cost is less than the amount shown on the chart below, the City shall retain any savings and shall have no obligation to “cash-out” or pay any PPMA or PPSA unit represented employee the difference. The City and PPMA and PPSA acknowledge the parties may propose changes to Section 15 during the successor contract negotiations in 2023. During the successor contract negotiations, the chart below in this Section 15.1 shall define the status quo ante for City contributions toward the cost of health benefits for each full-time PPMA and PPSA unit represented employee. PPMA and PPSA unit represented employees electing coverage with a cost greater than the amount paid by the City in this Section shall have the difference deducted automatically from the unit represented employee’s pay.

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Packet Pg. 367 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 32 15.1.1 Health Insurance Premiums
During the term of this MOU, the City will cover up to a 6%(Benchmarked to Kaiser Region One Rate) increase to any enrolled employees’ medical plan contribution during a calendar year.

CalPERS Offered Medical Plan
Plan 2021
(Effective July 1, 2021)
2022
(2.0% increase effective
January 1, 2022)
2023
(2.0% increase effective
January 1, 2023)
Employee Only $877.70 $ 895.25 $ 913.16
Employee + 1 $ 1,700.97 $ 1,734.99 $ 2,300.61
Employee + 2 or
more
$ 2,211.27 $ 2,255.50 $ 2,300.61

15.1.2 Eligibility
To be eligible for a CalPERS offered medical plan, PPMA and PPSA unit represented employees must meet the criteria established by CalPERS.

The City will continue to offer CalPERS health benefits program and make the necessary employer contributions as contracted with CalPERS for both active and retired participants.

15.1.3 Health In-Lieu Payment Plan
The City will pay a monthly taxable five hundred and fifty dollars ($550) inlieu payment to a PPMA or PPSA unit represented employee who certifies that he or she is eligible for health insurance coverage through another group health plan, declines City health coverage, and provides the City proof of other health coverage. City Health In-Lieu payments shall be effective the first pay period in January 2016. The City shall pay the health in-lieu payment through the unit represented employee’s regular payroll checks. The Health In-Lieu Payment Plan year shall operate on the calendar year. PPMA and PPSA and unit represented employees on an unpaid leave of absence are not eligible for the Health In-Lieu Payment Plan.

15.2 Dental, Orthodontia, and Vision

15.2.1 City of Pacifica Self-Funded Dental Plan
For each PPMA and PPSA unit represented employee, the City shall contribute up to one hundred nineteen dollars ($119) per month per unit represented employee to the City of Pacifica Self Funded Dental Plan, and the Self Funded

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Packet Pg. 368 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 33 Plan shall provide the following benefits to covered PPMA and PPSA unit members:
a) The annual per-person deductible is twenty-five dollars ($25) up to a maximum of seventy-five ($75) per family.
b) The maximum annual benefit each calendar year shall be two thousand dollars ($2,000) per eligible PPMA and PPSA unit represented employee and per dependent.
c) A lifetime maximum orthodontia benefit of two thousand dollars ($2,000) for each eligible PPMA and PPSA unit represented employer and dependent.

15.2.2 City of Pacifica VSP Vision Plan
For each PPMA and PPSA unit represented employee, the City shall contribute the following amounts per month per unit represented employee:
a) Unit Represented Employee Only - $18.29
b) Unit Represented Employee Plus One - $26.52
c) Unit Represented Employee Family - $47.56

15.3 Life and Disability Insurance

15.3.1 Life Insurance
The City shall contribute an amount necessary to provide the life insurance in an amount equal to twice the PPMA or PPSA unit represented employee’s annual salary up to a maximum of $200,000. PPMA and PPSA unit represented employees in the PPMA or PPSA unit may purchase additional life insurance at their own expense through payroll deduction. PPMA and PPSA unit represented employees may also purchase, through the same voluntary method, life insurance for dependents.

15.3.2 Long-Term Disability Plan
The City shall contribute an amount necessary to provide the long-term disability plan benefits presently in effect for each eligible PPMA and PPSA unit represented employee.

15.4 Domestic Partners Health Benefits
The City will provide medical, dental, and vision benefits for registered domestic partners of PPMA and PPSA bargaining unit represented employees to the same extent, and subject to the same terms and conditions, as medical, dental, and vision benefits are available to

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Packet Pg. 369 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 34 spouses of PPMA and PPSA unit represented employees under this MOU. This coverage is conditioned upon the domestic partnership meeting all the criteria of California Family Code Section 297, et seq. and that a valid declaration of domestic partnership has been filed with the Secretary of State pursuant to Family Code Section 297, et seq., registering the domestic partnership. Domestic partners may enroll in the City’s medical, dental, and vision plans pursuant to this Section only to the extent that the City’s carriers provide such coverage.

15.5 Coverage During Unpaid Leave
Except as otherwise provided in this MOU, PPMA and PPMA unit represented employees on City approved unpaid leaves of absence shall continue to receive health and welfare benefits for the period of the leaves if they wish to purchase such benefits at the current group rates, to be paid by the unit represented employee to the City one (1) month in advance.

15.6 Medical Flexible Spending Account
To the extent allowed by the Internal Revenue Service, the City will offer IRS qualified flexible medical spending accounts (FSA). PPMA and PPSA unit represented employees may have funds deducted pre-tax from the unit represented employee’s paycheck and deposited into the IRS qualified FSA accounts.

15.7 Dependent Care Flexible Spending Account
To the extent allowed by the Internal Revenue Service, the City will offer IRS qualified Dependent Care Flexible Spending accounts. PPMA and PPSA unit represented employees may have funds deducted pre-tax from the unit represented employee’s paycheck and deposited into an IRS qualified Dependent Care Flexible Spending account. If, in its sole discretion, the City determines that administration of the Program will require the services of an outside entity or contractor, participating PPMA and PPSA unit represented employees shall be responsible for paying their share of the outside contractor’s administration fee.

15.8 Extended Medical, Dental, Prescription Drugs for PPMA and PPSA Unit Represented Employees
PPMA and PPSA unit represented employees incurring an injury not covered by Government Code Section 4850 may be granted a leave of absence without pay in accordance with Section 14.7 – Leave of Absence Without Pay. Upon the granting of such leave of absence, the City shall continue its contribution for medical, dental, prescription drug and vision care as outlined in Sections 15.1 and 15.2 for a maximum period of three (3) consecutive months.

15.9 Commuter Assistance Account
To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified Commuter Plan. PPMA and PPSA unit represented employees may have funds deducted

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Packet Pg. 370 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 35 pre-tax from the unit represented employee’s paycheck and deposited into the IRS qualified Commuter Assistance account.

15.10 VantageCare Retirement Health Savings Account
PPMA unit represented employees must participate in and contribute to the City’s VantageCare Retirement Health Savings Plan to set aside pretax contributions for healthrelated expenses after separation or retirement.

PPSA unit represented employees must participate in and contribute to the City’s VantageCare Retirement Health Savings Plan to set aside pretax contributions for healthrelated expenses after separation or retirement.

15.11 Participation in Tax-Sheltered Annuities
To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified tax sheltered annuity plan. PPMA and PPSA unit members may have funds deducted pretax from the unit represented employee’s paycheck and deposited into the IRS qualified tax sheltered annuity plan account.

15.12 Participation in IRS 457 Deferred Compensation Plan To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified 457 deferred compensation plan. PPMA and PPSA unit represented employees may have funds deducted pre-tax from the unit represented employee’s paycheck and deposited into the IRS qualified 457 deferred compensation plan.

15.12.1 Beginning the first pay period after City Council approval of the MOU, City shall provide a one percent (1%) of base salary match to each PPMA and PPSA unit represented employee’s one percent (1%) of base salary contribution to their IRS qualified 457 deferred compensation plan of the unit represented employee’s choice for the remainder of the MOU. More specifically, each PPMA and PPSA unit represented employee shall have the option to make their one percent (1%) contribution to any one of three City-offered deferred compensation plans available to PPMA and PPSA represented employees (ICMARC, or Nationwide Retirement Solutions, or California Public Employees’ Retirement System) and for the City to make its one percent (1%) matching contribution to that same plan.

This deferred compensation will end the last pay period for Fiscal Year 2022-2023.

15.13 City Contribution to IRS Deferred Compensation Plans for PPSA Unit Represented Employees.

For each PPSA unit represented employee, the City shall contribute six dollars and sixtynine cents ($6.69) per pay period to one of these City-offered deferred compensation plans:

ICMARC, or Nationwide Retirement Solutions, or California Public Employees’ Retirement System.

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Packet Pg. 371 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 36 15.14 Mandatory PPMA and PPSA Unit Represented Employee Contributions to the ICMARC Deferred Compensation Plan

15.14.1 PPMA Unit Represented Employee Contributions
PPMA unit represented employees establish the following mandatory participation in the City’s ICMA RC VantageCare program for a retirement health savings account.
1) PPMA unit represented employees shall contribute a specified amount from each paycheck to the plan, based on the following:
a. 45+ years of age $100 per paycheck
b. 40-44 years of age $75 per paycheck
c. 21-39 years of age $75 per paycheck
2) At the time of retirement or separation from employment with the City of Pacifica, PPMA unit represented employees shall contribute the balances of all accrued vacation and compensatory time to the ICMA-RC VantageCare Plan

15.14.2 PPSA Unit Member Contributions
PPSA unit represented employees establish the following mandatory participation in the City’s ICMA RC VantageCare program for a retirement health savings account:
1) PPSA unit represented employees shall contribute a specified amount from each paycheck to the plan, based on the following:
a. 45+ years of age $100 per paycheck
b. 40-44 years of age $75 per paycheck
c. 21-39 years of age $75 per paycheck
2) At the time of retirement or separation from employment with the City of Pacifica, PPSA unit represented employees shall contribute the balances of all accrued vacation and compensatory time to the ICMA-RC VantageCare Plan.

SECTION 16. LABOR MANAGEMENT COMMITTEE
The City and PPMA and PPSA will form a LMC to meet quarterly to review issues of concern.

Representatives of all bargaining units may participate in the Labor Management Committee.

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Packet Pg. 372 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 37 SECTION 17. UNIFORM ALLOWANCE
Newly hired PPSA unit represented employees shall receive an initial uniform allowance of one thousand dollars ($1,000); provided, however, that in the event the PPSA unit represented employee fails to complete one (1) year of service to the City, such initial uniform allowance or the equivalency in uniforms and equipment must be returned to the City.

PPMA and PPSA unit represented employees shall receive an annual uniform allowance of eight hundred dollars ($800), paid in one (1) lump sum on the first warrant list on or after December 1st of each year.

SECTION 18. AUTOMOBILE ALLOWANCE AND USE OF CITY VEHICLES FOR

PPMA UNIT MEMBERS
This Section 18 applies only to PPMA bargaining unit represented employees.

18.1 Use of Public Safety Vehicle
To address public safety needs, the PPMA unit represented employees will be provided with a public safety vehicle to use while on duty and actively performing services for the City, and also for travel between the unit represented employee’s home and the unit represented employee’s work location.

Such PPMA unit represented employees shall comply with City regulations governing the use of a City pool, specially equipped, or public safety vehicle.

The unit represented employee shall not be eligible for a mileage reimbursement or an automobile allowance.

SECTION 19. PROBATIONARY PERIOD

19.1 Duration
All appointments and promotions of PPMA and PPSA unit represented employees shall be tentative and subject to a probationary period of not less than one (1) year from the date of appointment or promotion. Where a PPMA or PPSA unit represented employee’s extended absence from work has prevented a full probationary evaluation, the probationary period may be extended by the City Manager or where the authority has been delegated by the City Manager, Department Director, in order to provide a full probationary evaluation. For the purpose of this Section, an extended absence from work shall be defined as absences of at least one (1) calendar month or six (6) cumulative weeks.

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Packet Pg. 373 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 38 19.2 Credit for Time Worked in Temporary, Extra Help, or Provisional Status Time worked by a PPSA or PPMA unit represented employee in a temporary, extra help, or provisional status shall not count towards completion of the probationary period; provided, however, that time served in a temporary or provisional appointment may be credited to the probationary period upon recommendation of the department director and approval of the City Manager. The probationary period shall start from the date of probationary appointment. Probationary PPMA or PPSA unit represented employees in regular part-time positions shall be credited with that portion of full-time employment that they worked in a probationary status.

19.3 Transfer to Another Department
Probationary unit represented employees who transfer to another department in a position in the same classification may be required to start a new probationary period as determined by the City Manager, whose decision shall be final.

19.4 Completion of Probation
A PPMA or PPSA unit represented employee who is not rejected prior to the completion of the prescribed probationary period shall acquire regular status automatically. Former regular PPMA and PPSA unit represented employees appointed from a re-employment eligible list shall be given regular appointments when re-employed. Regular PPMA and PPSA unit represented employees who are demoted to lower classifications shall be given regular appointments in the lower classifications; provided, however, that the unit represented employee has had prior regular status in the lower classification.

19.5 Layoff
A PPMA or PPSA unit represented employee who is laid off and subsequently appointed as a result of certification from a general employment eligibility list to a position in a different classification than that from which laid off shall undergo a new probationary period. Former probationary PPMA and PPSA unit represented employees whose names were placed on a reemployment eligible list before they achieved regular status shall start a new probationary period when appointed from a reemployment eligible list.

19.6 Termination
The City Manager, or where authority has been delegated by the City Manager, the department director, may terminate a probationary PPMA or PPSA unit represented employee at any time during the probationary period without cause, without the right of appeal in any manner, and without recourse to any of the procedures provided in Section 19 hereof.

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Packet Pg. 374 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 39 19.7 Transfer to Same Classification
Regular PPMA and PPSA unit represented employees who transfer to another position in the same classification shall not be required to undergo a new probationary period in the position into which transferred.

19.8 Promotion to Higher Classification
Regular PPMA and PPSA unit represented employees who are promoted to a higher classification shall undergo the probationary period prescribed for the higher classification, but shall have the right to demote to their former classification if rejected during their probationary period. During the probationary period, an employee may be rejected at any time by the appointing authority without right of appeal and without recourse to the procedures provided in Section 22 (Grievances) of this MOU.

SECTION 20. DISMISSAL, SUSPENSION OR DEMOTION FOR CAUSE The City Manager, or, where the authority has been delegated by the City Manager, the department director may discipline any regular PPMA or PPSA unit represented employee as provided in Chapter IV of the Department Rules and regulations Manual, this Memorandum of Understanding, or the City of Pacifica Personnel Rules and in compliance with the Public Safety Officers Procedural Bill of Rights. Suspension without pay shall not exceed thirty (30) days in any fiscal year.

In accordance with applicable State law, an employee shall be notified in writing of any proposed disciplinary action with a copy to the Union and shall be given an opportunity to respond in writing or in person.

Any regular PPMA or PPSA unit represented employee in the competitive service who is suspended, demoted, or dismissed shall be furnished a written notice of such action. Upon the employee's request, the employee shall be provided a written statement of the reasons for such action.

SECTION 21. RETIREMENT PLAN

21.1 City’s Contract with CalPERS
The City shall continue its contract with the California Public Employees Public Retirement System (CalPERS) for all active PPSA and PPMA unit represented employees.

For Tier One PPMA and PPSA unit represented employees described in Section 21.4, the City’s contract with CalPERS shall include the 1959 survivors benefit plan, and credit for unused sick leave.

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Packet Pg. 375 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 40 All the retirement benefits provided to PPMA and PPSA unit represented employees are described in this Section 21 or in the City’s contract with CalPERS.

21.2 CalPERS Election about PPMA and PPSA Unit Represented Employee’s Payment of City’s Pension Costs
The parties acknowledge that CalPERS mandates an election of PPMA and PPSA unit represented employees, separate from ratification of this MOU, to provide for the cost sharing pursuant to Government Code Section 20516 described in this Section 21. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process. Upon approval and agreement from PPMA bargaining unit and the PPSA bargaining unit and completion of the City’s amendment to the CalPERS contract, PPMA and PPSA unit represented employee contributions will be made pursuant to Government Code Section 20516, and shall extend beyond the expiration of this MOU.

The PPMA, the PPSA, and the City will take all actions necessary to implement the Government Code Section 20516 pension cost sharing agreement described in this Section

21. 21.3 PPMA and PPSA Unit Represented Employees Payment of City’s Pension Costs If the contract amendment between the City and CalPERS is not complete before the effective date of the cost sharing described in this Section 21, the cost sharing shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f), and shall extend beyond the expiration of this MOU. The PPMA, the PPSA, and the City will take all actions necessary to implement the Government Code Section 20516(f) pension cost sharing agreement described in this Section 21.

21.4 Tier One: Safety 3.0% at 50 Retirement Program – PPMA and PPSA Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and PPMA and PPSA Unit Represented Employees Eligible for Reciprocity
This Section 21.4 (including subsections) shall apply to PPMA and PPSA bargaining unit represented employees hired on or before December 31, 2012. In addition, this Section

21.4 (including subsections) shall apply to PPMA and PPSA bargaining unit represented employees hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity requirements:

21.4.1 3% at 50 Pension Formula
The “3% at 50” retirement program will be available to bargaining unit represented employees covered by this Section 21.4.

21.4.2 Final Compensation Based On Twelve Month Period
For purposes of determining a retirement benefit, final compensation for bargaining unit represented employees covered by this Section 21.4 shall mean

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Packet Pg. 376 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 41 the highest twelve (12) consecutive month period as specified in Government Code Section 21362.2.

21.4.3 Required Bargaining Unit Represented Employee Contribution Each bargaining unit represented employee covered by this Section 21.4 shall continue to pay through payroll deduction the nine percent (9.0%) required bargaining unit represented employee contribution.

21.4.4 Additional Required Bargaining Unit Represented Employee Contribution – September 28, 2015
Each bargaining unit represented employee covered by this Section 21.4 shall continue to pay through payroll deduction the nine percent (9.0%) required bargaining unit represented employee contribution. Effective the first full pay period after September 28, 2015, each bargaining unit represented employee covered by this Section 21.4 shall pay, through payroll deduction, an additional four percent (4.0%) of PERSable compensation towards the City’s costs for a total contribution of thirteen percent (13.0%) toward the normal costs of pension benefits as permitted by Government Code Section 20516. The parties acknowledge that CalPERS mandates an election of unit represented employees, separate from ratification of this MOU, to approve this paragraph of Section 21.4.4 of the MOU. For this reason, this paragraph shall be subject to and contingent upon the PPMA and PPSA bargaining units’ approval and agreement to implement through payroll deduction, an additional four percent (4.0%) of PERSable compensation for a total contribution of thirteen percent (13.0%) toward the normal cost of pension benefits.

21.4.5 Additional Required Bargaining Unit Represented Employee Contribution – July 1, 2016
Each bargaining unit represented employee covered by this Section 21.4 shall continue to pay through payroll deduction the nine percent (9.0%) required bargaining unit represented employee contribution. Effective July 1, 2016, each bargaining unit represented employee covered by this Section 21.4 shall pay, through payroll deduction, an additional five percent (5.0%) of PERSable compensation towards the City’s costs for a total contribution of fourteen percent (14.0%) toward the normal costs of pension benefits as permitted by Government Code Section 20516. The parties acknowledge that CalPERS mandates an election of unit represented employees, separate from ratification of this MOU, to approve this paragraph of Section 21.4.5 of the MOU. For this reason, this paragraph shall be subject to and contingent upon the PPMA and PPSA bargaining units’ approval and agreement to implement through payroll deduction, an additional five percent (5.0%) of PERSable compensation for a total contribution of fourteen percent (14.0%) toward the normal cost of pension benefits.

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Packet Pg. 377 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 42 21.4.6 No City Intention to Impose
Because PPMA and PPSA bargaining unit represented employees have voluntarily agreed to contribute five percent (5.0%) toward the City’s pension costs, the City agrees not to unilaterally impose an additional three percent (3.0%) unit member contribution after 2018 as permitted by Government Code Section 20516.5.

21.5 Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees in PPMA or PPSA Hired On or After January 1, 2013
Effective January 1, 2013, this Section 21.5 (including subsections) shall apply to PPMA and PPSA bargaining unit represented employees who were hired or on after January 1, 2013, and who do not qualify for pension reciprocity as stated in Government Code Section 7522.02(c).

21.5.1 2% @ 50 – 2.7% @ 57 Pension Formula
As required by Government Code Section 7522.25, the safety Option Plan Two (2% @ 50 – 2.7% @ 57) pension formula shall apply to bargaining unit represented employees covered by this Section 21.5.

21.5.2 Final Compensation Based On Three Year Average
As required by Government Code Section 7522.32, effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.

21.5.3 Required Unit Represented Employee Contribution
As required by Government Code Section 7522.04(g), bargaining unit represented employees covered by this Section 21.5 shall pay, through payroll deductions, fifty percent (50%) of normal costs.

21.5.4 Additional Required Bargaining Unit Represented Employee Contribution – September 28, 2016
Each bargaining unit represented employee covered by this Section 21.5 shall continue to pay fifty percent (50%) of normal costs as described above.

Effective the first day of the first full pay period after September 28, 2015, in addition to paying fifty percent (50%) of normal costs, bargaining unit represented employees covered by this Section 21.5 shall pay, through payroll deduction, an additional four percent (4.0%) of PERSable compensation toward the City’s normal cost of pension benefits as permitted by Government Code Section 20516. The parties acknowledge that CalPERS mandates an election of unit represented employees, separate from ratification of this MOU, to approve this paragraph of Section 21.5.4 of the MOU. For this reason, this

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Packet Pg. 378 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 43 paragraph shall be subject to and contingent upon the PPMA and PPSA bargaining units’ approval and agreement to implement through payroll deduction, an additional four percent (4.0%) of PERSable compensation towards the City’s costs.

21.5.5 Additional Required Bargaining Unit Represented Employee Contribution – July 1, 2016
Each bargaining unit represented employee covered by this Section 21.5 shall continue to pay fifty percent (50%) of normal costs as described above.

Effective the first day of the first full pay period after September 28, 2015, in addition to paying fifty percent (50%) of normal costs, bargaining unit represented employees covered by this Section 21.5 shall pay, through payroll deduction, an additional five percent (5.0%) of PERSable compensation toward the City’s normal cost of pension benefits as permitted by Government Code Section 20516. The parties acknowledge that CalPERS mandates an election of unit represented employees, separate from ratification of this MOU, to approve this paragraph of Section 21.5.5 of the MOU. For this reason, this paragraph shall be subject to and contingent upon the PPMA and PPSA bargaining units’ approval and agreement to implement through payroll deduction, an additional five percent (5.0%) of PERSable compensation towards the City’s costs.

21.6 Implementation of Internal Revenue Code Section 414(h)(2) As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each PPMA and PPSA unit represented employee shall pay through payroll deductions the PERS contributions described in Sections 21.4.3, 21.4.4, 21.4.5, 21.5.3,

21.5.4, and 21.5.5 with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).

21.7 Definition of Status Quo Ante
For both PPMA and PPSA, after this MOU terminates on June 30, 2025, the status quo ante for all purposes, including any state statute shall be defined as the current language of Section 21.

SECTION 22. GRIEVANCE PROCEDURE FOR PPMA UNIT REPRESENTED

EMPLOYEES

22.1 Definition
This Section 22 grievance procedure applies only to PPMA unit represented employees. A grievance is any dispute that involves the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of the named

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Packet Pg. 379 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 44 City official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. A grievance also includes an appeal of demotion, suspension, or dismissal.

22.2 Procedure
Grievances shall be processed in the following manner:
(1) Step 1. Immediate Supervisor: Any PPMA unit member who believes that the unit represented employee has a grievance may discuss his complaint with the immediate supervisor in the Department in which the unit represented employee works. The grievance shall be presented to the immediate supervisor within fourteen (14) calendar days of the event giving rise to the grievance. Grievances not presented in the time period shall be considered resolved. The grievance shall state the particulars of the grievance and the nature of the determination desired.

The supervisor shall meet with the grievant to attempt to settle the grievance. If the issue is not resolved within the department, or if the employee elects to submit his grievance directly to the PPMA, the procedures hereinafter specified may be invoked. A grievance may be filed on behalf of employee PPMA unit represented employee by the unit represented employee or jointly on behalf of a group of PPMA unit represented employees or by the PPMA.
(2) Any grievance which has not been resolved by the procedure above may be referred to the Department Director by the complainant. Such referral shall be in writing, detailing the specific issues involved in the referral together with a statement of the resolution desired. The Department Director shall investigate the issue and attempt to reach a satisfactory resolution of the problem.
(3) Any grievance which has not been resolved by the procedures above may be referred to the City Manager by the complainant or by the Department Director.

Such referral shall be in writing, detailing the specific issues involved in the referral together with a statement of the resolution desired. The City Manager shall designate a personal representative who is not the Department Director to investigate the merits of the complaint, to meet with the complainant and, if the complainant is not the PPMA, to meet also with the officials of the PPMA and to settle the grievance or to make recommendations to the City Manager. The City Manager shall render his/her decision within fourteen (14) calendar days of receipt of grievance. No grievance may be further processed under this Section unless it has been filed in accordance with above paragraphs (1) and (2). (4) If the parties are unable to reach a mutually satisfactory accord on any grievance which arises and is presented during the term of this Memorandum of Understanding, such grievance shall be submitted to an Adjustment Board comprised of three (3) PPMA representatives, appointed by the PPMA, and three (3) representatives of the City, appointed by the City.

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Packet Pg. 380 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 45 (5) If an Adjustment Board is unable to arrive at a majority decision, either the PPMA or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the PPMA and the City Manager.

The fees and expenses of the arbitrator and of a Court Reporter shall be borne equally by the parties. Each party, however, shall bear the cost of its own presentation, including preparation, witness costs and post hearing briefs, if any. (6) Decision of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the laws governing General Law Cities in the State of California.

No Adjustment Board and no arbitrator shall entertain, hear, decide or make recommendations on any dispute unless such dispute involves a position in a unit represented by the PPMA and unless such dispute falls within the definition of a grievance as set forth in Section 22.1.

22.3 No Change to Memorandum
Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section.

Neither any Adjustment Board nor any arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

22.4 Demotion, Suspension and Dismissal Grievances
When the City Manager in pursuance of Section 22.2 (3) above resolves a grievance which involves suspension or discharge, the City Manager may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had the right to take the action complained of, the arbitrator may not substitute his/her judgment for the judgment of management and if s/he finds that the City had such right, s/he may not order reinstatement and may not assess any penalty upon the City.

22.5 Compensation Complaints
All complaints involving or concerning the payment of compensation shall be initially filed in writing with the City Manager. Only complaints which allege that PPMA unit represented employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed.

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Packet Pg. 381 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 46 22.6 Mutual Agreement on Changes
No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager or where the authority has been delegated by the City Manager, the City Manager’s representative, and PPMA President.

SECTION 23. GRIEVANCE PROCEDURE FOR PPSA UNIT REPRESENTED

EMPLOYEES

23.1 Definition
This Section 23 grievance procedure applies only to PPSA unit represented employees. A grievance is any dispute involving the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of any City Official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. A grievance also includes an appeal of demotion, suspension, or dismissal.

23.2 Public Safety Officer Procedural Bill of Rights
Steps 1 through 3 of the Grievance Procedure shall be utilized to provide the administrative appeal set forth in Section 3304(b) of the Government Code for any appeals of punitive action enumerated in Section 3303. Such appeals shall not be processed beyond Step 3.

23.3 Procedure
Grievances shall be processed in the following steps:

23.3.1 Step 1. Immediate Supervisor.

A grievance may be filed by a PPSA unit represented employee in his/her own behalf, or jointly by a group of unit represented employees, or by PPSA.

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Packet Pg. 382 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 47 23.3.2 Step 2. Department Director.

If the grievance is not resolved in Step 1, the aggrieved may, within fourteen (14) calendar days from receipt of the Supervisor's written answer, present the grievance in writing to the department director for consideration. The department director shall investigate the issues, meet with the grievant and attempt to reach a satisfactory resolution of the problem. Answer to the grievance shall be made in writing by the department director within fourteen (14) calendar days from receipt of the grievance.

23.3.3 Step 3. City Manager.

If the grievance is not resolved in Step 2, the aggrieved may, within five (5) calendar days from receipt of the department director's answer, present the grievance in writing to the City Manager for consideration. The City Manager shall designate the Assistant City Manager or other representative to investigate the merits of the grievance, to meet with the grievant, and to attempt to settle the grievance or to make recommendations to the City Manager. The City Manager shall respond in writing within ten (10) calendar days from receipt of the grievance. No grievance may be further processed under Section 23 unless it has been filed in accordance with Sections 23.3.1 through 23.3.3.

23.3.4 Step 5. Arbitration.

In the event is the City Manager is unable to resolve the grievance, either the PPSA or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Association and the City Manager. Notice of arbitration must received within 10 calendar days after receipt of the City Managers decision in 23.3.3.The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the PPSA and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post-hearing briefs, if any. Decisions of Adjustment Boards and arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the laws governing General Law Cities in the State of California.

Prior to arbitration, the City and Union may mutually request the assistance of a Mediator to attempt to settle the grievance.

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Packet Pg. 383 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 48 23.4 Scope of Authority of Arbitrator
No arbitrator shall entertain, hear, or decide, any dispute unless such dispute involves a position in a unit represented by this Association and unless such dispute falls within the definition of a grievance as set forth in Section 23.1.

Proposals to add to or change this Memorandum of Understanding or written agreements or addenda supplementary hereto shall not be arbitrable and no proposal to modify, amend or terminate this Memorandum of Understanding, nor any matter or subject arising out of or in connection with such proposal, may be referred to arbitration under this Section. No arbitrator shall have the power to amend or modify this Memorandum of Understanding or written agreements or addenda supplementary hereto or to establish any new terms or conditions of employment.

23.5 Discipline Grievances

23.5.1 No grievance involving demotion, suspension, or dismissal of a PPSA unit represented employee will be entertained unless it is filed in writing with the immediate supervisor within five (5) days not including Saturdays, Sundays or holidays, of the time at which the affected unit represented employee was notified of such action.

23.5.2 If the department director or the City Manager resolve a grievance under this Section which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had the right to take the action complained of, the arbitrator may not substitute his judgment for the judgment of management and if he finds that the City had such right, he may not order reinstatement and may not assess any penalty upon the City.

23.6 Grievances Regarding Compensation
All complaints involving or concerning the payment of compensation shall be initially filed in writing with the City Manager at Step 3, Section 23.3 above. Only complaints which allege that unit represented employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed.

23.7 No Changes in this Memorandum of Understanding
No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings hereunder) will be recognized unless agreed to by the City Manager and the PPSA; provided, that nothing

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Packet Pg. 384 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 49 herein shall prevent the City from adjusting past practice to conform with clear contract language.

SECTION 24. TUITION REIMBURSEMENT

24.1 Amount and Eligibility
PPMA and PPSA unit represented employees may be reimbursed for tuition and related enrollment/registration expense paid for courses of study in an off-duty status if the subject matter content of the course is closely related to the unit represented employee’s present work assignment or in an undergraduate or post graduate program related to the unit represented employee’s work assignment. There must be a reasonable expectation that the PPMA or PPSA unit represented employee’s work performance or value to the City will be enhanced as a result of the course of study or that the unit represented employee will be better prepared for promotional opportunities. The maximum amount of tuition reimbursement available to PPMA and PPMA unit represented employee members within a single fiscal year is as follows:

PPMA unit represented employees: $2,000 per fiscal year PPSA unit represented employees: $2,000 per fiscal year

24.2 Request for Pre-Approval and Reimbursement
For PPSA unit represented employees, tuition reimbursement will be applied to the City's fiscal year in which the class begins. The course of study must be approved in advance, with the PPMA or PPSA unit represented employee submitting a Request for Tuition Reimbursement to his/her department director that provides all the information needed for evaluation of the request.

24.3 City Authorization
The department director shall recommend approval or disapproval and forward the request to the Human Resources Department, whose decision shall be final. Having approved the course of study, Human Resources returns the application to the department, until such time as the course is complete. If a course is approved and later found to be unavailable, a substitute course must be approved.

24.4 Proof of Completion
Upon completion of the course, a copy of the grade sheet or certificate with a grade of C or better, together with original receipts and proof of payment by the PPMA or PPSA unit represented employee of tuition, fees, etc., shall be submitted to Human Resources for processing. Any and all reimbursement must be returned to the City in full if the unit

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Packet Pg. 385 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 50 represented employee does not achieve at least a C grade. A copy of the tuition information is placed in the unit represented employees’ personnel file.

24.5 Reimbursement to City Upon Separation
If the unit represented employee leaves the employment of the City within one (1) year after reimbursement, such unit represented employee is required to refund one-half (1/2) of the reimbursement to the City.

SECTION 25. NO STRIKE
The PPMA, the PPSA, their members and representatives, agree that they will not during the term of this memorandum of understanding engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the PPMA, the PPSA, nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the city, nor to effect a change of personnel or operations of management or of unit members not covered by this memorandum of understanding.

SECTION 26. SEPARABILITY OF PROVISIONS
In the event that any provision of this Memorandum of Understanding is declared by a court of competent jurisdiction to be illegal or unenforceable or rendered invalid by operation of law, that provision of the Memorandum of Understanding shall be null and void, but such nullification shall not affect any other provisions of this Memorandum of understanding, all of which other provisions shall remain in full force and effect.

SECTION 27. PAST PRACTICES AND EXISTING MEMORANDA OF

UNDERSTANDING

27.1 Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding.

27.2 This Memorandum of Understanding shall supersede all existing memoranda of understanding between the City and the Association.

27.3 No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings under Section 21) will be recognized unless agreed to by the City Manager and the PPMA or the PPSA,

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Packet Pg. 386 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 51 provided that nothing herein shall prevent the City from adjusting past practices to conform with clear contract language.

27.4 All existing side letters that are not incorporated into this Memorandum of Understanding shall terminate on the effective date of this Memorandum.

SECTION 28. ADDITIONAL PROVISIONS

28.1 Term of Agreement
The parties acknowledge that this Memorandum must be presented to and approved by the City of Pacifica City Council. Unless otherwise specifically stated in this MOU, this Memorandum shall become effective on the date approved by the City Council, and shall remain in effect through June 30, 2025.

28.2 Negotiations for a Successor Memorandum of Understanding No later than March 15, 2025, the City and the Association shall begin negotiations for a successor Memorandum of Understanding by exchanging initial conceptual proposals.

Made and entered into this day_____.

PACIFICA POLICE MANAGEMENT
ASSOCIATION:

By ______________________________________
Chris Clements, PPMA
CITY OF PACIFICA:

By ________________________________________
Kevin Woodhouse, City Manager

PACIFICA POLICE SUPERVISORS
ASSOCIATION:

By ______________________________________
Vicente Romero, PPSA
By ________________________________________
Yulia Carter., Assistant City Manager
By ________________________________________
Mark E. Wilson, Chief Negotiator
Burke, Williams & Sorensen, LLP
APPROVED AS TO FORM:

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Packet Pg. 387 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 52 By ________________________________________
Michelle Marchetta Kenyon, City Attorney

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Packet Pg. 388 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 53 5.l
Packet Pg. 389 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 54 APPENDIX A

POLICE CAPTAIN SALARY

SCHEDULE
2023-2024 Monthly Salary Range
2% Salary increase + 3% Equity Increase, 5% Total
Effective July 1, 2023 (First Full Pay Period)
Minimum Monthly
Salary
Maximum Monthly
Salary
$14,517 $16,695
APPENDIX A-1

POLICE CAPTAIN SALARY

SCHEDULE
2024-2025 Monthly Salary Range
2% Salary increase + 3% Equity Increase, 5% Total
Effective July 1, 2024 (First Full Pay Period)
Minimum Monthly
Salary
Maximum Monthly
Salary
$15,243 $17,530

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Packet Pg. 390 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 55 5.l
Packet Pg. 391 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 56 5.l
Packet Pg. 392 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 57 APPENDIX C-1

CITY OF PACIFICA
170 Santa Maria Avenue
Pacifica, California 94044
CERTIFICATION OF HEALTH CARE PROVIDER (California Family Rights Act (CFRA) AND FAMILY CARE AND MEDICAL LEAVE ACT (FMLA)
IMPORTANT NOTE: The California Genetic Information Nondiscrimination Act of 2011 (CalGINA) prohibits employers and other covered entities from requesting, or requiring, genetic information of an individual or family member of the individual except as specifically allowed by law. To comply with the Act, we are asking that you not provide any genetic information when responding to this request for medical information. “Genetic Information,” as defined by CalGINA, includes information about the individual’s or the individual’s family member’s genetic tests, information regarding the manifestation of a disease or disorder in a family member of the individual, and includes information from genetic services or participation in clinical research that includes genetic services by an individual or any family member of the individual. “Genetic Information” does not include information about an individual’s sex or age.

1. Employee’s Name: _______________________________________________________

2. Patient’s Name (If other than employee): ______________________________________ Patient’s relationship to employee: ___________________________________________ If patient is employee’s child, is patient either under 18 or an adult dependent child:

Yes No
 

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Packet Pg. 393 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 58 3. Date medical condition or need for treatment commenced [NOTE: THE HEALTH CARE PROVIDER IS NOT TO DISCLOSE THE
UNDERLYING DIAGNOSIS WITHOUT CONSENT OF THE PATIENT:]

4. Probable duration of medical condition or need for treatment:

5. The-attached sheet describes what is meant by a description of what constitutes a “serious health condition” under both the federal Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA). Does the patient’s condition qualify as a serious health condition?
Yes No
 

6. If the certification is for the serious health condition of the employee, please answer the following:

Yes No
  Is the employee able to perform work of any kind?
(If “No,” skip next question.)
  Is employee unable to perform any one or more of the essential functions of employee’s position? (Answer after reviewing statement from employer of essential functions of employee’s position, or, if none provided, after discussing with employee.)

7. If the certification is for the care of the employee’s family member, please answer the following:

Yes No
  Does (or will) the patient require assistance for basic medical, hygiene, nutritional needs, safety, or transportation?
  After review of the employee’s signed statement (See Item 10 below), does the condition warrant the participation of the employee? (This participation may include psychological comfort and/or arranging for third-party care for the family member.)

8. Estimate the period of time care is needed or during which the employee’s presence would be beneficial:
_____________________________________________________________________

9. Please answer the following questions only if the employee is asking for intermittent leave or a reduced work schedule.

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Packet Pg. 394 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 59 Yes No
  Intermittent Leave: Is it medically necessary for the employee to be off work on an intermittent basis due to the serious health condition of the employee or family member?
If yes, please indicate the estimated frequency of the employee’s need for intermittent leave due to the serious health condition, and the duration of such leaves (e.g., 1 episode every 3 months lasting 1-2 days):

Frequency: _____times per ____ week(s) _____month(s)
Duration: _____hours or ______day(s) per episode
Yes No
  Reduced Schedule Leave: Is it medically necessary for the employee to work less than the employee’s normal work schedule due to the serious health condition of the employee or family member?
If yes, please indicate the part-time or reduced work schedule the employee needs:
___ hour(s) per day; ____days per week, from ______ through ______ Yes No
  Time Off for Medical Appointments or Treatment: Is it medically necessary for the employee to take time off work for doctor’s visits or medical treatment, either by the health care practitioner or another provider of health services?
If yes, please indicate the estimated frequency of the employee’s need for leave for doctor’s visits or medical treatment, and the time required for each appointment, including any recovery period:

Frequency: ____times per ____ week(s) ____month(s)
Duration: _____hours or ______day(s) per appointment/treatment ITEM 10 IS TO BE COMPLETED BY THE EMPLOYEE NEEDING FAMILY LEAVE. ****TO BE PROVIDED TO THE HEALTH CARE PROVIDER UNDER SEPARATE COVER.

10. When family care leave is needed to care for a seriously-ill family member, the employee shall state the care he or she will provide and an estimate of the time period during which this care will be provided, including a schedule if leave is to be taken intermittently or on a reduced work schedule:
________________________________________________________________________

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Packet Pg. 395 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 60 ________________________________________________________________________ ________________________________________________________________________

11. Printed name of health care provider:

Signature of health care provider:
________________________________________________________________________ Date: _____________________________

12. Signature of Employee:
________________________________________________________________________ Date: _____________________________
Serious Health Condition
“Serious health condition” means an illness, injury (including, but not limited to, on-the-job injuries), impairment, or physical or mental condition of the employee or a child, parent, or spouse of the employee that involves either inpatient care or continuing treatment, including, but not limited to, treatment for substance abuse. A serious health condition may involve one or more of the following:

1. Hospital Care
Inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care. A person is considered an “inpatient” when a heath care facility formally admits him or her to the facility with the expectation that he or she will remain at least overnight and occupy a bed, even if it later develops that such person can be discharged or transferred to another facility and does not actually remain overnight.

2. Absence Plus Treatment
(a) A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:
(1) Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
(2) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

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Packet Pg. 396 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 61 3. Pregnancy [NOTE: An employee’s own incapacity due to pregnancy is covered as a serious health condition under FMLA but not under CFRA] Any period of incapacity due to pregnancy; or for prenatal care.

4. Chronic Conditions Requiring Treatment
A chronic condition which:
(1) Requires periodic visits for treatment by a health care provider, or by a nurse of physician’s assistant under direct supervision of a health care provider; (2) Continues over an extended period of time (including recurring episodes of a single underlying condition); and
(3) May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.).

5. Permanent/Long-term Conditions Requiring Supervision A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer’s, a severe stroke, or the terminal stages of a disease.

6. Multiple Treatments (Non-Chronic Conditions)
Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment, such as cancer (chemotherapy, radiation, etc.), severe arthritis (physical therapy), or kidney disease (dialysis).

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Packet Pg. 397 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 62 APPENDIX C-2

CITY OF PACIFICA
170 Santa Maria Avenue
Pacifica, California 94044

CERTIFICATION OF HEALTH CARE PROVIDER

FOR PREGNANCY DISABILITY LEAVE, TRANSFER AND/OR REASONABLE

ACCOMMODATION
Employee’s Name:

Please certify that, because of this patient’s pregnancy, childbirth, or a related medical condition (including, but not limited to recovery from pregnancy, childbirth, loss or end of pregnancy, or post-partum depression), this patient needs (check all appropriate category boxes):
 Time off for medical appointments.

Specify when and for what duration:

 A disability leave. [Because of a patient’s pregnancy, childbirth, or a related medical condition, she cannot perform one or more of the essential functions of her job or cannot perform any of these functions without undue risk to herself, to her pregnancy’s successful completion, or to other persons.]
Beginning (Estimate):

Ending (Estimate):
 Intermittent leave. Specify medically advisable intermittent leave schedule:

Beginning (Estimate):

Ending (Estimate):

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Packet Pg. 398 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 63  Reduced work schedule. [Specify medically advisable reduced work schedule.]

Beginning (Estimate):

Ending (Estimate):
 Transfer to a less strenuous or hazardous position or to be assigned to less strenuous or hazardous duties [specify what would be a medically advisable position/duties].

Beginning (Estimate):

Ending (Estimate):
 Reasonable accommodation(s). [Specify medically advisable needed accommodation(s).

These could include, but are not limited to, modifying lifting requirements, or providing more frequent breaks, or providing a stool or chair.]

Beginning (Estimate):

Ending (Estimate):

Name, license number and medical/health care specialty [printed] of health care provider.

Signature of health care provider:

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Packet Pg. 399 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS 64 Date:

Authority Cited: Government Code Sections 12935, subd. (a), and 12945.

Reference: Government Code Sections 12940, 12945; FMLA, 29 U.S.C. §2601, et seq. and FMLA regulations, 29 C.F.R. § 825.

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Packet Pg. 400 Attachment: Attachment 5 - MOU PPMA & PPSA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS

POLICE MANAGERS AND POLICE SUPERVISORS MEMORANDUM OF

UNDERSTANDING
July 1, 2023 – June 30, 2025 Index - i
INDEX
15 Year Anniversary 12
2% @ 50 – 2.7% @ 57 Pension Formula 38
2015-2016 Salary Schedule 5
2016-2017 Salary Schedule 6
2017-2018 Salary Schedule 6
3% at 50 Pension Formula 37
Absence Without Pay 27
Access to Work Locations 5
Accrual 18
ADDITIONAL PROVISIONS 47
Additional Required Bargaining Unit
Member Contribution – July 1, 2016 37,
39 Additional Required Bargaining Unit
Member Contribution – September 28,
2015 37
Additional Required Bargaining Unit
Member Contribution – September 28,
2016 38
Administrative Leave 27
Administrative Sergeant Premium for PPSA
Unit Members 11
Advance Notice 3
Allowable Uses of Electronic Media 4
Amount and Eligibility 45
Anniversary Date 12
Assignment of Salary by City Manager 8
Association Recognition 1
Attendance at Meetings by Employees 4
Authority 14
Authorization 13
AUTOMOBILE ALLOWANCE V. USE

OF CITY VEHICLES FOR PPMA UNIT
MEMBERS 33
Base Salaries – PPMA and PPSA
Bargaining Unit Classifications 5
Bereavement Leave 26
Bilingual Premium 11
Cafeteria Plan Benefit Form and the 2014-
2015 Allocation 28
Call Back 13
CalPERS Election about PPMA and PPSA
Unit Member’s Payment of City’s Pension
Costs 36
Campaign Leave 26
Career Incentive Pay 10
Catastrophic Illness or Injury Time
Donation Program 27
City Authorization 45
City Contribution to IRS Deferred
Compensation Plans for PPSA Unit
Members 31
City of Pacifica Self-Funded Dental Plan 29
City of Pacifica VSP Vision Plan 29
City Recognition 1
CITY RIGHTS 4
City’s Contract with CalPERS 36
City’s Response to Leave Request 24
Commuter Assistance Account 31
Compensation Complaints 41
Completion of Probation 34
Conversion of Rates 7
Coverage During Unpaid Leave 30
Credit for Time Worked in Temporary,
Extra Help, or Provisional Status 34
DAYS AND HOURS OF WORK 12
Definition 39, 42
Definition of Status Quo Ante 39
Demotion, Suspension and Dismissal
Grievances 41
Dental, Orthodontia, and Vision 29
Dependent Care Flexible Spending Account
30 Detective Premium for PPSA Unit Members
11 Discipline Grievances 44

DISMISSAL, SUSPENSION OR
DEMOTION FOR CAUSE 35
Displacement and Reemployment 14
Domestic Partners Health Benefits 30
Dual Parent Employment 24
Dues Deduction 2

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POLICE MANAGERS AND POLICE SUPERVISORS MEMORANDUM OF

UNDERSTANDING
July 1, 2023 – June 30, 2025 Index - ii
Duration 34
Education Incentive 10
Effective Date of Merit Increases for PPSA
Unit Members 8
Eligibility 16, 20, 28
Employee Status 25
Employee’s Status on Returning from Leave
24 Entitlement 15
Evaluation for PPMA and PPSA Unit
Members 8
Exceptional Contribution Adjustment 9
Exchange of On-Duty Time 14
Extended Medical, Dental, Prescription
Drugs 30
Family Care & Medical Leave 20
Family Care and Medical Leave Entitlement
20 Family Care and Medical Leave To Care for
a Covered Service Member with a Service
Injury or Illness 21
Family Illness Leave 20
Final Compensation Based On Three Year
Average 38
Final Compensation Based On Twelve
Month Period 37
Furlough for PPSA Unit Members 15

GRIEVANCE PROCEDURE FOR PPMA
UNIT MEMBERS 39

GRIEVANCE PROCEDURE FOR PPSA
UNIT MEMBERS 42
Grievances Regarding Compensation 44
HEALTH AND WELFARE 27
Health and Welfare Benefits 25
Health In-Lieu Payment Plan 28
Holidays 15
Holidays Falling on a Saturday 16
Holidays Falling on a Sunday 16
Holidays Falling on a Unit Member’s Day
Off 16
Implementation of Internal Revenue Code
Section 414(h)(2) 39
Incapacity to Perform Duties 19
Jury Duty 25

LABOR MANAGEMENT COMMITTEE
32 Layoff 35
LAYOFF 14
Leave of Absence Without Pay 26
LEAVES OF ABSENCE 20
Life and Disability Insurance 29
Life Insurance 29
Limited Assignment Pay 11
Limited Assignment Terms 11
Long-Term Disability Plan 30
Mandatory PPMA and PPSA Unit Member
Contributions to the ICMARC Deferred
Compensation Plan 31
Medical Certification 23
Medical Flexible Spending Account 30
Medical Insurance – City Contributions 27
Military Leave 26
Minimum and Maximum Merit Increases for
PPSA Unit Members Only 8
Minimum Duration of Leave 23
Minimum Salary for PPMA and PPSA Unit
Members 9
Minimum Salary for PPMA Unit Members 9
Mutual Agreement on Changes 42
Negotiations for a Successor Memorandum
of Understanding 47
No Change to Memorandum 41
No Changes in this Memorandum of
Understanding 44
No City Intention to Impose 38
NO DISCRIMINATION 4
NO STRIKE 46
Notice to City 24
Notice to the City 22
Observed Holidays 15
ORGANIZATION SECURITY 2
Overtime 13
Overtime And Compensatory Time Off 13
Overtime Calculation 13
Overtime Pay 13
Overtime Pay. 13
Participation in IRS 457 Deferred
Compensation Plan 31
Participation in Tax-Sheltered Annuities 31

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POLICE MANAGERS AND POLICE SUPERVISORS MEMORANDUM OF

UNDERSTANDING
July 1, 2023 – June 30, 2025 Index - iii

PAST PRACTICES AND EXISTING

MEMORANDA OF UNDERSTANDING
46 Pay Days 7
PAY PLAN 5
Pay Status and Benefits 22
POST Certificate Pay 10
PPMA and PPSA REPRESENTATIVES 4
PPMA and PPSA Unit Member’s Payment
of City’s Pension Costs 36
PPMA Unit Member Contributions 31
PPMA Unit Members 9
PPSA Unit Member Contributions 32
PPSA Unit Members 9
Pregnancy Disability Leave 24
PROBATIONARY PERIOD 34
Procedure 40
Promotion to Higher Classification 35
Proof of Completion 45
Public Safety Officer Procedural Bill of
Rights 42
RECOGNITION 1
Reimbursement for Use of Private Vehicles
33 Reimbursement to City Upon Separation 45
Relationship of Family Care and Medical
Leave to Other Leaves 22
Request for Pre-Approval and
Reimbursement 45
Required Bargaining Unit Member
Contribution 37
Required Unit Member Contribution 38
RESPONSE TIME 46
RETIREMENT PLAN 36
Salary for New PPMA and PPSA Unit
Members 7
Salary Range and Evaluation 8
Salary Schedule Increase Contingency
Agreement 5
Salary Schedule Regulations 6
Salary upon Transfer or Promotion 9
Scope of Authority of Adjustment Board or
Arbitrator 43
Selling Back of Vacation Credits 18
SEPARABILITY OF PROVISIONS 46
Separation from Service 18
SICK LEAVE 18
Sick Leave at Retirement or Termination 19
Sick Leave During Vacation 18
Special Assignment Pay 10
Standby Pay 12
Step 1. Immediate Supervisor. 42
Step 2. Department Director. 42
Step 3. City Manager. 43
Step 4. Adjustment Board. 43
Step 5. Arbitration. 43
Term of Agreement 47
Termination 35
Tier One: Safety 3.0% at 50 Retirement
Program – PPMA and PPSA Bargaining
Unit Members Hired On or Before
December 31, 2012 and PPMA and PPSA
Unit Members Eligible for Reciprocity 36
Tier Two: New Retirement Tier for Safety
Bargaining Unit Members in PPMA or
PPSA Hired On or After January 1, 2013
38 Time Charged 17
Total Compensation Surveys 6
Transfer to Another Department 34
Transfer to Same Classification 35
TUITION REIMBURSEMENT 45
UNIFORM ALLOWANCE 32
Usage 19
Use of Bulletin Boards 3
Use of City Facilities 3
Use of City Pool, Specially Equipped, or
Public Safety Vehicle 33
Use of Sick Leave and Vacation During
Pregnancy Disability Leave 25
Vacation Credits Advance 17
Vacation Credits Earned 16
Vacation Credits Earned for PPMA Unit
Members 16
Vacation Credits Earned for PPSA Unit
Members 17
Vacation Scheduling and Maximum Accrual
18 VACATIONS 16

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POLICE MANAGERS AND POLICE SUPERVISORS MEMORANDUM OF

UNDERSTANDING
July 1, 2023 – June 30, 2025 Index - iv
VantageCare Retirement Health Savings
Account 31
Vehicle Allowance for PPMA Unit
Members 34
Work Out of Classification/Limited
Assignment 11

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PACIFICA POLICE OFFICER MOU
MP #4839-7295-1160 v2

MEMORANDUM OF

UNDERSTANDING

BETWEEN

CITY OF PACIFICA
AND

PACIFICA POLICE

OFFICERS ASSOCIATION
July 1, 2023 – June 30, 2025
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TABLE OF CONTENTS
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SECTION 1. RECOGNITION .................................................................................................... 1

1.1 Association Recognition ........................................................................................ 1

2.1 Dues Deduction...................................................................................................... 1

2.2 Use of City Facilities ............................................................................................. 3

2.3 Use of Bulletin Boards........................................................................................... 3

2.4 Advance Notice...................................................................................................... 3

2.5 Allowable Uses of Electronic Media ..................................................................... 4 SECTION 3. CITY RIGHTS....................................................................................................... 4 SECTION 4. NO DISCRIMINATION ....................................................................................... 4 SECTION 5. ASSOCIATION REPRESENTATIVES ............................................................... 4

5.1 Attendance at Meetings by Employees.................................................................. 4

5.2 Access to Work Locations..................................................................................... 5

5.3 Bargaining Unit Represented Employee Contact Information .............................. 5

5.4 Union Access to New Employee Orientation ........................................................ 5 SECTION 6. PAY PLAN............................................................................................................ 6

6.1 Base Salaries – Bargaining Unit Classifications.................................................... 6

6.2 Salary Schedule Increase ....................................................................................... 6

6.3 Total Compensation Surveys................................................................................. 7

6.4 Salary Schedule Regulations.................................................................................. 7

6.5 Salary for New Unit Members............................................................................... 7

6.6 Conversion of Rates............................................................................................... 8

6.7 Pay Days ................................................................................................................ 8

6.8 Longevity Pay ........................................................................................................ 8

6.9 Recruitment Bonus................................................................................................. 8

6.10 Career Incentive Pay.............................................................................................. 8

6.11 Special Assignment Pay......................................................................................... 9

6.12 Salary Range and Evaluation............................................................................... 10

6.13 Exceptional Contribution Adjustment ................................................................. 11

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6.14 Salary upon Transfer or Promotion...................................................................... 11

6.15 Work Out of Classification/Limited Assignment ................................................ 11

6.16 Standby Pay ......................................................................................................... 12 SECTION 7. ANNIVERSARY DATE ..................................................................................... 12 SECTION 8. DAYS AND HOURS OF WORK ....................................................................... 12

8.1 Work Schedule..................................................................................................... 12

8.2 Exchange of On-Duty Time................................................................................. 13 SECTION 9. OVERTIME PAY................................................................................................ 13

9.1 Overtime Pay. ...................................................................................................... 13

9.2 Call Back.............................................................................................................. 14

9.3 Call Back – Court Appearance ............................................................................ 14 SECTION 10. LAYOFF.............................................................................................................. 14

10.1 Authority.............................................................................................................. 14

10.2 Displacement and Reemployment ....................................................................... 14 SECTION 11. HOLIDAYS ......................................................................................................... 15

11.1 Entitlement........................................................................................................... 15

11.2 Observed Holidays............................................................................................... 15

11.3 Holidays Falling on a Saturday............................................................................ 15

11.4 Holidays Falling on a Sunday.............................................................................. 15

11.5 Holidays Falling on a Unit Represented Employee’s Day Off............................ 15 SECTION 12. VACATIONS....................................................................................................... 16

12.1 Eligibility ............................................................................................................. 16

12.2 Vacation Credits Earned ...................................................................................... 16

12.3 Time Charged....................................................................................................... 16

12.4 Vacation Credits Advance ................................................................................... 16

12.5 Vacation Scheduling and Maximum Accrual...................................................... 16

12.6 Sick Leave During Vacation................................................................................ 17

12.7 Separation from Service....................................................................................... 17

12.8 Return of Vacation............................................................................................... 17 SECTION 13. SICK LEAVE ...................................................................................................... 17

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13.1 Accrual................................................................................................................. 17

13.2 Usage.................................................................................................................... 17

13.3 Incapacity to Perform Duties............................................................................... 18

13.4 Sick Leave at Retirement or Termination............................................................ 18 SECTION 14. LEAVES OF ABSENCE..................................................................................... 19

14.1 Family Illness Leave ............................................................................................ 19

14.2 Family Care & Medical Leave............................................................................. 19

14.2.3 Family Care and Medical Leave To Care for a Covered ..................................... 20

14.3 Pregnancy Disability Leave ................................................................................. 23

14.4 Jury Duty.............................................................................................................. 24

14.5 Military Leave...................................................................................................... 25

14.6 Campaign Leave .................................................................................................. 25

14.7 Leave of Absence Without Pay............................................................................ 25

14.8 Bereavement Leave.............................................................................................. 25

14.9 Absence Without Pay........................................................................................... 26 SECTION 15. HEALTH AND WELFARE................................................................................ 26

15.1 Medical Insurance – City Contributions.............................................................. 26

15.2 Dental, Orthodontia, and Vision .......................................................................... 27

15.3 Life and Disability Insurance............................................................................... 28

15.4 Domestic Partners Health Benefits...................................................................... 28

15.5 Coverage During Unpaid Leave .......................................................................... 29

15.6 Medical Flexible Spending Account.................................................................... 29

15.7 Dependent Care Flexible Spending Account....................................................... 29

15.8 Wellness Program................................................................................................ 29

15.9 Commuter Assistance Account............................................................................ 29

15.10 VantageCare Retirement Health Savings Account.............................................. 29

15.11 Participation in Tax-Sheltered Annuities............................................................. 29

15.12 Participation in IRS 457 Deferred Compensation Plan ....................................... 30

15.13 City Contribution to IRS Deferred Compensation Plans..................................... 30 SECTION 16. LABOR MANAGEMENT COMMITTEE ......................................................... 30

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SECTION 17. UNIFORM ALLOWANCE................................................................................. 31 SECTION 18. PROBATIONARY PERIOD............................................................................... 31

18.1 Duration ............................................................................................................... 31

18.2 Credit for Time Worked in Temporary, Extra Help, or Provisional Status......... 31

18.3 Transfer to Another Department.......................................................................... 31

18.4 Completion of Probation...................................................................................... 31

18.5 Layoff................................................................................................................... 32

18.6 Termination.......................................................................................................... 32

18.7 Transfer to Same Classification........................................................................... 32

18.8 Promotion to Higher Classification ..................................................................... 32 SECTION 19. DISMISSAL, SUSPENSION OR DEMOTION FOR CAUSE .......................... 32 SECTION 20. RETIREMENT PLAN......................................................................................... 32

20.1 City’s Contract with CalPERS............................................................................. 32

20.2 CalPERS Election about Unit Represented Employee’s Payment of City’s Pension Costs....................................................................................................... 33

20.3 Unit Represented Employee’s Payment of City’s Pension Costs........................ 33

20.4 Tier One: Safety 3.0% at 50 Retirement Program – Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and Unit Represented Employees Eligible for Reciprocity................................................ 33

20.5 Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees Hired On or After January 1, 2013.................................................... 34

20.6 Implementation of Internal Revenue Code Section 414(h)(2)............................. 35

20.7 Definition of Status Quo Ante ............................................................................. 35 SECTION 21. GRIEVANCE PROCEDURE.............................................................................. 35

21.1 Definition ............................................................................................................. 35

21.2 Public Safety Officer Procedural Bill of Rights .................................................. 35

21.3 Procedure ............................................................................................................. 35

21.4 Scope of Authority of Adjustment Board or Arbitrator....................................... 37

21.5 Discipline Grievances.......................................................................................... 37

21.6 Grievances Regarding Compensation.................................................................. 37 SECTION 22. TUITION REIMBURSEMENT .......................................................................... 37

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22.1 Amount and Eligibility ........................................................................................ 38

22.2 Request for Pre-Approval and Reimbursement ................................................... 38

22.3 City Authorization ............................................................................................... 38

22.4 Proof of Completion ............................................................................................ 38

22.5 Reimbursement to City Upon Separation ............................................................ 38 SECTION 23. RESPONSE TIME............................................................................................... 38 SECTION 24. NO STRIKE......................................................................................................... 38 SECTION 25. SEPARABILITY OF PROVISIONS .................................................................. 39 SECTION 26. PAST PRACTICES AND EXISTING MEMORANDA OF
UNDERSTANDING ........................................................................................... 39 SECTION 27. ADDITIONAL PROVISIONS ............................................................................ 39

27.1 Term of Agreement.............................................................................................. 39

27.2 Negotiations for a Successor Memorandum of Understanding ........................... 40 APPENDIX A.............................................................................................................................. 40 APPENDIX A-1........................................................................................................................... 41 APPENDIX A-2........................................................................................................................... 42 APPENDIX B-1........................................................................................................................... 44 APPENDIX B-2........................................................................................................................... 49

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MP #4839-7295-1160 v2

MEMORANDUM OF UNDERSTANDING

BETWEEN

CITY OF PACIFICA
AND

PACIFICA POLICE OFFICERS ASSOCIATION
The Pacifica Police Officers Association and representatives of the City of Pacifica have met and conferred in good faith regarding wages, hours and other terms and conditions of employment of unit represented employees in the representation unit specified in Section 1, have exchanged freely information, opinions and proposals and have endeavored to reach agreement on all matters relating to the employment conditions and employer-employee relations of such unit represented employees.

This Memorandum of Understanding is entered into pursuant to the Meyers-Milias-Brown Act (Government Code Sections 3500, et seq.) and has been jointly prepared by the parties.

SECTION 1. RECOGNITION

1.1 Association Recognition
The Pacifica Police Officers Association, hereinafter referred to as the "Association," is the recognized employee organization for the Police Officers Unit comprised of the following classifications certified pursuant to Resolution No. 29-84 adopted by the City Council on April 23, 1984: Police Officer, Police Corporal.

SECTION 2. ORGANIZATION SECURITY

2.1 Dues Deduction
The City shall continue to provide for the administration of payroll deductions authorized by bargaining unit employees for membership dues, initiation fees, general assessments, and payment of any other membership benefit program provided or sponsored by the

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Association, and shall honor requests by the Association for such deductions, as described below.

The following procedures shall be observed in the withholding of unit members earnings:
(1) Payroll deductions shall be for a specified amount and uniform as between unit members of the Association. Dues deduction shall be made only upon the unit member’s written authorization provided to and maintained by the Association.

The City shall rely on a written certification from the Association requesting a deduction from unit members’ salaries confirming that the Association has and will maintain individual signed unit member authorizations affirmatively consenting to the requested payroll deductions. After providing the required certification, the Association shall not be required to provide a copy of individual authorizations to the City unless a dispute arises about the existence or terms of the authorization.

Based on the Association’s certification described above, the City shall honor requests by the Association for payroll deduction for membership dues, initiation fees, general assessments, or payment for any other membership benefit program provided or sponsored by the Association.
(2) The voluntary payroll deduction authorization shall remain in effect until employment with the City is terminated or until the City is notified in writing by the Association of a cancellation or modification. The City shall direct employee requests to cancel or change an existing payroll deduction authorization to the Association. Unit members may authorize payroll deductions only for the organization certified as the recognized unit member organization of the unit to which such unit members are assigned.
(3) Amounts deducted and withheld by the City shall be transmitted to the officer designated in writing by the Association as the person authorized to receive such funds, at the address specified.
(4) The unit member’s earnings must be sufficient, after all other required deductions are made, to cover the amount of the deductions herein authorized. When a unit member is in a non-pay status for an entire pay period, no withholdings will be made to cover that pay period from future earnings nor will the unit member deposit the amount with the City which would have been withheld if the unit member had been in a pay status during that period. In the case of a unit member who is in a non-pay status during a part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this connection, all other required deductions have priority over the unit member organization deduction. (5) The Association shall indemnify, defend and hold the City harmless against any claim made and against any suit initiated against the City concerning payroll deductions for payment of Association membership dues, initiation fees, general assessments, or payment of any other membership benefit program provided or sponsored by the Association. In addition, the Association shall refund to the City any amounts paid to it in error upon presentation of supporting evidence.

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The provisions of this section 2.1 are intended to be consistent with, and not in conflict with, governing law including but not limited to Government Code sections 1152, 1157.3, and 1157.12.

2.2 Use of City Facilities
City employees or the Association, or its representatives may, with the prior approval of the Assistant City Manager or his/her representative, be granted the use of City facilities during non-work hours for meetings of City employees provided space is available, and provided further such meetings are not used for organizational activities or membership drives of City employees. All such requests shall be in writing and shall state the purpose or purposes of the meeting. The City reserves the right to assess reasonable charges for the use of such facilities.

2.3 Use of Bulletin Boards
The Association may use portions of City bulletin boards under the following conditions:
(1) All materials are subject to the approval of the department director or Division Head in charge of the departmental bulletin board.
(2) All materials must be dated and must identify the organization that published them. (3) Unless special arrangements are made, materials posted will be removed thirty-one (31) days after the publication date. Materials that the department director considers objectionable will not be posted provided, however, the department director shall first discuss this denial with the City Manager. (4) The City reserves the right to determine where bulletin boards shall be placed and what portion of them is to be allocated to the Association's materials.

2.4 Advance Notice
Except in cases of emergency, reasonable advance written notice shall be given to the Association if it is affected by any ordinance, rule, resolution or regulation directly relating to matters within the scope of representation proposed to be adopted by the City Council, by any board or commission of the City, or by any department, and the Association shall be given the opportunity to meet with such body prior to adoption. In cases of emergency when the City Council determines that an ordinance, rule, resolution or regulation must be adopted immediately without prior notice or meeting with the Association, the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution or regulation.

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2.5 Allowable Uses of Electronic Media
Association representatives may utilize the City's email system to facilitate communication of information to its members and to coordinate meetings. Such use is subject to all conditions and limitations provided by City policy.

SECTION 4. NO DISCRIMINATION
The City of Pacifica prohibits harassment and discrimination in the workplace on the basis of race, color, sex (including pregnancy, childbirth, and related medical conditions), gender, gender identity, gender expression, national origin, citizenship status, age, religious creed, physical or mental disability, marital status, medical condition, genetic information, sexual orientation, AIDS/HIV, political activities or affiliations, military and veteran status, status as a victim of domestic violence, assault, or stalking, ancestry, or legitimate unit member organization activities.

It is the policy of the City that all employees have the right to work in an environment free from any such harassment and discrimination. Such prohibited activity debilitates the morale and productivity of the victims and their co-workers. The City does not condone any form of such harassment or discrimination and those who engage in such activities shall be subject to disciplinary action up to and including termination.

SECTION 5. ASSOCIATION REPRESENTATIVES

5.1 Attendance at Meetings by Employees
City employees who are official representatives or unit representatives of the Association shall be given reasonable time off with pay to attend meetings with management representatives, or to be present at hearings where matters within the scope of representation are being considered. The use of official time for this purpose shall be reasonable and shall not interfere with the performance of City services as determined by the City. Such employee representatives may be required to submit a written request for excused absence to their respective department director, with an information copy to the

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Assistant City Manager, at least two (2) working days prior to the scheduled meeting whenever possible. Except by mutual agreement, the number of employees excused for such purposes shall not exceed two (2).

5.2 Access to Work Locations
Reasonable access to unit represented employee work locations shall be granted to officers of the Association and their officially designated representatives, for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be restricted so as not to interfere with the normal operations of the department or with established safety or security requirements.

5.3 Bargaining Unit Represented Employee Contact Information To the extent required by Government Code Section 3558, the City shall provide the Association President with a list of names and contact information (listed below) for any newly hired unit represented employee within 30 days of the date of hire or by the first pay period of the month following hire. The City shall also provide the Association a list of all unit represented employee names and contact information on the last working day of September, January, and May. The information shall include the following information except for any information subject to exclusion pursuant to Government Code Section 6254.3(c):
• Employee name,
• Job title,
• Department,
• Work location,
• Home address, and
• Work, home and personal telephone numbers and personal email addresses on file with the City.

5.4 Union Access to New Employee Orientation
The City will provide a written statement to each new bargaining unit represented employee that the classification is part of a bargaining unit represented by the Association, and the name of an Association representative. The City will provide the employee with a packet of information and an electronic membership application form supplied by the Association.

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The City will provide the Association President not less than ten (10) days’ notice of the onboarding orientation meeting held between the Human Resources Department representatives and new bargaining unit represented employees, including the date, time and location of the orientation meeting. If a bargaining unit represented employee’s first day or work begins less than ten (10) days after the date the employee is hired, the 10-day notice requirement may be reduced, and the City will instead provide as much advance notice as reasonably possible of the orientation meeting.

The City will allow an Association unit represented employee representative and/or an Association outside labor representative access to the onboarding orientation, and spend up to thirty (30) minutes with the new unit represented employees at the end of the onboarding orientation meeting in order to provide information and materials about the MOU and related matters. No representative of City management shall be present during the Association’s presentation. A bargaining unit represented employee attending the onboarding orientation meeting as the Association representative shall be given paid release time sufficient to cover the Association’s presentation and related travel time.

The Association will provide the Human Resources Department with the names of any bargaining unit represented employee who they request to be released for this purpose as soon as reasonably possible, and at least 48 hours before the meeting.

SECTION 6. PAY PLAN

6.1 Base Salaries – Bargaining Unit Classifications
The salary ranges for each bargaining unit classification in effect on June 30, 2021, are stated in Appendix A, attached to and incorporated into this MOU.

6.2 Salary Schedule Increase

6.2.1 2023 Wage Increase
Effective the first full pay period after ratification, the City shall improve the base salary schedule for all bargaining unit classifications in Appendix A by two percent (2.0%) for bargaining unit represented employees in active, paid status on the effective date.

Effective the first full pay period after ratification, the City shall provide an additional equity adjustment over the Salary Schedule in Appendix A for for the following classifications:
• Police Officer 3%
• Police Corporal 4%
The 2023salary schedule shall include both the 2023salary increase and the 2023 equity adjustment for PPOA bargaining unit represented employees and shall be titled “2023-2024 Salary Schedule” and shall be attached to this Agreement as Appendix A-1.

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6.2.2 2024 Wage Adjustment
Effective at the beginning of the first pay period in July 2024, the City shall improve the base salary schedule for all bargaining unit classifications in Appendix A by two percent (2.0%) over thesalary schedule in Appendix A1 for bargaining unit represented employees in active, paid status on the effective date.

Effective at the beginning of the first pay period in July 2024, the City shall provide an additional equity adjustment over the Salary Schedule in Appendix A-1 for the following classifications:
• Police Officer 3%
• Police Corporal 4% .

The 2024-2025 salary schedule shall include both the salary increase and the equity adjustment for PPOA bargaining unit represented employees and shall be titled “2024-2025 Salary Schedule” and shall be attached to this Agreement as Appendix A-2.
.

6.3 Total Compensation Surveys
When preparing a total compensation survey for use at the bargaining table as described in Government Code Section 3505.4(d), the City agrees to consider the parties’ historic use of the following cities as one element of determining total compensation: San Bruno, Belmont, Burlingame, Menlo Park, Daly City, Foster City, Redwood City, and South San Francisco.

6.4 Salary Schedule Regulations
The rates of pay set forth in Appendices A, A-1, abs A-2(1) represent the standard rate of pay for full-time employment for each classification. Compensation for unit represented employees working less than full-time shall be adjusted proportionately; (2) represent the total compensation due unit represented employees, except for overtime compensation and other benefits specifically provided for by City Council or this Memorandum of Understanding; and (3) do not include reimbursement for actual and necessary expenses authorized and incurred incident to City employment.

6.5 Salary for New Unit Represented Employees
Except as herein otherwise provided, the entrance salary for a new unit represented employee entering the classified service shall be the minimum salary for the class to which such new unit member is appointed. In case of unusual recruitment difficulty or of hiring exceptionally qualified personnel, initial salary may be at any step by the City Manager,

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whose decision shall be final. Such a salary may not be more than the maximum salary for the class to which the unit represented employee is appointed.

6.6 Conversion of Rates
Any monthly, per diem, or hourly rate of pay may be converted into any equivalent rate of pay or to any other time basis when, in the judgment of the City Manager, such a conversion is advisable.

6.7 Pay Days
Unit represented employees shall be paid bi-weekly.

6.8 Longevity Pay
Unit represented employees who serve as a sworn Department personnel for five (5) or more years shall receive a five percent (5%) salary increase on their fifth anniversary date.

Unit represented employees who serve as a sworn Department personnel for ten (10) years or more shall receive a two percent (2%) salary increase on their tenth anniversary date.

Unit represented employees who serve as a sworn Department personnel for fifteen (15) years or more shall receive a two percent (2%) salary increase on their fifteenth anniversary date.

6.9 Recruitment Bonus
This City will award a unit represented employee with five hundred dollars ($500) for each police officer hired by the City with a written recommendation by the PPOA represented employee, and an additional five hundred dollars ($500) after the new officer completes the probationary period. The unit represented employee making the recommendation must still be employed by the City at the time the award is paid.

6.10 Career Incentive Pay

6.10.1 POST Certificate Pay
Unit represented employees in the classifications covered by this Memorandum of Understanding who successfully completed a probationary period in one of those classifications, and hold permanent status shall be eligible to receive the following monthly amount if they possess or acquire the Peace Officers Standards and Training Certificate as reflected below:

Intermediate Certificate
Police Officer $600
Corporal $600
Advanced Certificate

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Police Officer $825
Corporal $825

6.10.2 Education Incentive
As an incentive for unit represented employees to obtain educational degrees, the City shall pay unit represented employees in the classifications covered by this Memorandum of Understanding the following monthly amounts for incentive pay:

Associate Degree - $125.00
Bachelor’s Degree - $175.00
Master’s Degree - $300.00

6.11 Special Assignment Pay
The additional payments provided in this Section for the performance of special assignments are additional compensation and shall be paid only while unit represented employees are on such assignments. Such additional payments are not promotional compensation. The Police Chief, at his or her sole discretion, may assign unit represented employees to and relieve unit members from these special assignments.

6.11.1 Field Training Officer Premium
A Police Officer shall receive an additional five percent (5%) of the base rate of pay when assigned to and performing the duties of a field training officer or trainer.

6.11.2 Detective Premium
A unit represented employee in the classification of Police Officer and/or Police Corporal who is assigned to perform a special assignment as a Crime Prevention Officer or Detective on a full-time basis shall receive two hundred and seventyfive dollars ($275) each month, and for Juvenile Officer three hundred dollars ($300) per month.

6.11.3 Bilingual Premium
A Police Officer who first qualifies for bilingual pay on or after July 1, 2010, which is limited to Spanish, Tagalog or Chinese, shall receive an additional $372 per month for performance of such bilingual duties. Unit represented employees receiving bilingual pay as of July 1, 2010 shall be compensated for bilingual duties at the dollar amount of bilingual pay that they received on June 30, 2010, in accordance with an itemization provided to the Association as part of execution of this MOU. Unit represented employees must pass a proficiency test to be determined by the City in that language.

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6.11.4 Canine Officer (K-9)
A unit represented employee assigned to work as a Canine officer is responsible for care, grooming, feeding, and training of the police dog. The City and PPOA agree that a reasonable approximation of hours of compensable care for officers assigned a canine is four (4) hours per week. A unit represented employee assigned to work as a canine officer shall be paid at a straight time hourly rate of $20.00 for four (4) hours per week of canine duties. The City and PPOA understand that this is compensation for hours worked under the FLSA for the time spent as an officer-dog handler at the unit represented employee’s residence in caring for the dog and related equipment.

For weeks in which a canine officer works overtime as defined by Section 9, Overtime, he or she shall be compensated at time-and-a-half of the canine hourly rate for the time referenced above spent on canine care. Canine officers shall include the four (4) hours per week in the appropriate line on their time sheets.

The City and PPOA understand and agree that this additional compensation is intended to compensate canine officers for all off duty hours spent caring, grooming, feeding, and otherwise maintaining their canine unit, in compliance with the FLSA and interpretive cases and rulings. All other off-duty activities, including, but not limited to training, demonstration events, etc., shall be paid at the overtime rate of time and one half.

The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty canine duties.

6.12 Salary Range and Evaluation
Effective with any evaluation initiated after adoption of this Memorandum of Understanding, each unit represented employee shall have a salary range with a designated minimum and maximum salary. A merit salary increase will be provided to the employee upon a satisfactory performance evaluation, which must be given on an annual basis beginning at the successful completion of the Field Training Program and every year thereafter. Unit represented employees whose performance is satisfactory based upon a performance evaluation shall be provided a merit salary increase of five percent (5%).

Merit increases will become effective upon the unit represented employee’s designated anniversary date. Once provided the increase for meritorious service will be continued in future years.

Unit represented employees at the top of their designated salary range shall also be evaluated on an annual basis by their supervisor. However, unit represented employees at the top step will not be eligible for or receive merit salary increases. Unit represented employees shall be entitled to appeal an unsatisfactory performance evaluation resulting in a denial of a merit salary increase to the Chief of Police, for which an informal meeting will be held between the unit represented employee and the Chief of Police. Such an appeal must be commenced no later than seven (7) working days following the unit represented

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employee’s receipt of the performance evaluation. The Chief of Police must respond in writing to the unit represented employee within seven (7) working days following the meeting. The Chief of Police’s decision shall be final.

If the City Manager at any time determines that it is in the City's interest, she or he may assign a unit represented employee to a higher rate within the salary range fixed for the classification. The City Manager shall regulate the accelerated advancement through the salary range.

6.13 Exceptional Contribution Adjustment
When a unit represented employee makes a unique contribution to the City that is not expected in the normal discharge of the responsibilities of the position, and when such contribution is obvious by its significance, substantial, and unique nature, the individual may be awarded an exceptional contribution adjustment. Such an award will be limited to a maximum of five percent (5%) and be granted in a lump sum or for a specific limited interval of time; however, not more than twelve (12) months. The actual percentage amount up to the five percent (5%) limit and the time interval it is to be awarded for will be determined by the City Manager and will be based upon the quality and significance of the contribution that is being recognized. There shall be no more than three (3) exceptional contribution adjustments for police personnel in any one (1) year.

6.14 Salary upon Transfer or Promotion
The transfer of a unit represented employee shall not be cause for a change in salary. All unit represented employees of the City upon promotion shall be entitled to an increase in salary of at least two and one half percent (2-1/2%); provided, however, that in no event shall the unit represented employee receive more than the maximum salary for the classification.

6.15 Work Out of Classification/Limited Assignment

6.15.1 Limited Assignment Terms
A unit represented employee may be reassigned from the duties of his classification to perform the duties of another classification by means of a Limited Assignment. Limited Assignment shall be made only to existing positions, which are not actively occupied by reason of the temporary absence of the regular appointed incumbent. Limited Assignment shall not be made where the position is vacant. Limited Assignment shall be in writing on an approved form, which among other things shall indicate the name of the unit represented employee, his regular classification, and the classification to which he is assigned on a limited basis. The Limited Assignment must be dated and signed by the department director or his duly authorized representative and approved by the City Manager.

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6.15.2 Limited Assignment Pay
Unit represented employees working on a Limited Assignment shall be paid five percent (5%) above the unit member’s regular salary range step for each full-time day beyond forty (40) straight-time hours the unit represented employee is assigned in the higher classification, retroactive to the first day. If the unit represented employee’s Limited Assignment exceeds forty-five (45) consecutive days the unit member shall be paid seven percent (7.0%) above the unit represented employee’s regular salary range step for each full-time day beyond forty-five (45) consecutive days the unit represented employee is assigned in the higher classification. In no event shall the seven percent (7.0%) differential exceed the top step of the classification assigned at the years of service and educational incentive.

6.16 Standby Pay
A police officer and/or a corporal working as a detective and who is assigned to be on standby shall receive five (5) hours compensatory time off for each week of standby duty.

SECTION 7. ANNIVERSARY DATE
For all purposes except eligibility for salary increases, unit represented employee’s anniversary date shall be the date of initial hire. For the purposes of salary administration, the anniversary date shall be the effective date of the unit represented employee’s last merit increase, promotion, demotion or reinstatement.

SECTION 8. DAYS AND HOURS OF WORK

8.1 Work Schedule
The Department Director may assign full-time unit represented employees in an administrative assignment or a patrol assignment to a regular work schedule consisting of (a) forty (40) hours, composed of five (5) consecutive days of eight (8) hours each, (b) forty (40) hours composed of four (4) consecutive days of ten (10) hours each, or (c) eighty hours per pay period composed of three (3) consecutive days of twelve (12) hours each per week and one eight (8) hour shift per pay period. The Department Director shall provide unit represented employees fourteen (14) days’ advance written notice when they intend to permanently modify an employee’s regular work schedule. If untimely notice is provided, then the unit represented employee shall be compensated at 1.5x the unit represented employee’s regular pay for the next regularly-scheduled shift.

The Department Director may administratively assign unit represented employees regularly scheduled for a ten (10) hour work day or twelve (12) hour work day to an eight (8) hour work day for weekly periods, Monday through Fridays, for the purposes of modified assignment, court appearances, jury duty or training periods of three (3) days or more.

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8.2 Exchange of On-Duty Time
Exchanges of on duty time shall be permitted to the extent allowable by applicable state or federal law when approved, provided such exchange does not result in financial responsibility for the City. All such changes must be pre-approved in advance by the department director or designated representative.

SECTION 9. OVERTIME PAY

9.1 Overtime Pay.

Except as otherwise specified in this MOU, all overtime shall be paid in accordance with the Fair Labor Standards Act (FLSA) and include all pay not excluded by 29 USC Section 207(e).All hours assigned and worked in excess of the unit represented employee’s regular forty (40) hour workweek shall be considered overtime and shall be compensable at the rate of one and one-half (1-1/2) times the unit represented employee’s regular straight-time rate of pay. All overtime shall be calculated to the nearest quarter (1/4) hour in favor of the unit represented employee.

9.1.1 Shift Trades
Overtime shall not include hours worked as a result of voluntary trading of shifts between members of the police department.

9.1.2 Overtime Calculation
The FLSA overtime rate shall be calculated using the base salary rate, longevity pay, career incentive pay, education incentive pay, Field Training Officer pay, Detective pay, Bilingual pay, and any other specialty pay or as required by the FLSA.

9.2 Overtime And Compensatory Time Off
To the extent permitted by this Section, a unit represented employee may opt to be paid for overtime hours defined in Section 9.2 either by monetary payment or by compensatory time off (CTO).

The maximum amount of CTO that a unit member may accrue shall be limited to one hundred forty (140) hours. CTO shall be taken at a time mutually agreeable to the unit represented employee and the Department Director; provided, however, that if a unit represented employee accrues CTO in excess of forty (40) hours, the Department Director may schedule the unit member to use any portion of the accrued compensatory time.

For any compensatory time off a unit represented employee accrues in excess of one hundred forty hours (140), the City will pay the unit represented employee at the overtime rate of pay.

Unit represented employees who terminate employment shall be paid for unused

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compensatory time off accrued at the rate of pay at time of termination.

9.2 Call Back
If a unit represented employee who has completed his normal shift for the day is called back to work (from home), the unit represented employee shall, upon reporting, receive a minimum of four (4) hours overtime compensation for each such call back.

9.3 Call Back – Court Appearance
Unit represented employees who are ordered to report to work during their off-duty hours for the purpose of appearing in Court and who do so at the specified time shall receive a minimum of four (4) hours pay at time and one-half (1-1/2). This provision does not apply to instances where unit represented employees are ordered to report to work less than three (3) hours prior to their regular starting time or are held over less than three (3) hours after their regular quitting time for the purpose of appearing in court.

SECTION 10. LAYOFF

10.1 Authority
In the event of layoff, the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative, shall notify the affected unit represented employees in writing as soon as possible but no later than ten (10) working days prior to the effective day of the layoff. Layoff shall be implemented within classes of positions and all temporary unit represented employees in affected classifications shall be laid off prior to layoff of any probationary or regular unit represented employees. For the purpose of determining order of layoff, total cumulative time shall include time served in military leave of absence.

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SECTION 11. HOLIDAYS

11.1 Entitlement
Regular full-time unit represented employees shall be entitled to take all authorized holidays at full pay, not to exceed eight (8) hours for any one (1) day, provided they are in a pay status on both their regularly scheduled workdays immediately preceding and following the holiday.

11.2 Observed Holidays
Holidays observed by the PPOA are:
(1) January 1st New Year’s Day
(2) Third Monday in January Martin Luther King, Jr. Day (3) Third Monday in February Washington’s Birthday
(4) Last Monday in May Memorial Day
(5) June 14th Flag Day
(6) July 4th Independence Day
(7) First Monday in September Labor Day
(8) Columbus Day October 12th
(9) November 11th Veterans Day
(10) Fourth Thursday in November Thanksgiving Day
(11) Fourth Friday in November
(12) Day Before Christmas
Day after Thanksgiving Day
Christmas Eve Day
(13) December 25th Christmas Day

11.3 Holidays Falling on a Saturday
If one of the holidays listed above falls on a Saturday and the unit represented employee is not regularly scheduled to work that day, the unit represented employee’s last regularly scheduled workday preceding the holiday shall be considered a holiday.

11.4 Holidays Falling on a Sunday
If one of the holidays listed above falls on a Sunday and the unit represented employee is not regularly scheduled to work that day, the unit represented employee’s first regularly scheduled workday following the holiday shall be considered a holiday.

11.5 Holidays Falling on a Unit Represented Employee’s Day Off If one of the holidays listed above falls on an unit represented employee’s day off other than a Saturday or Sunday or if a unit represented employee is required to work on a holiday, he shall be allowed a regular workday off at a time determined by agreement between the unit represented employee and the department director. If the department director determines that it is not feasible to grant such other workday off, including those workdays considered holidays in Sections 11.3 and 11.4, the unit represented employee shall be paid for the holiday worked on the basis of straight-time but not to exceed eight (8) hours for any one (1) holiday. Such compensation shall be paid quarterly on the payday closest to March, June, September and December .

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SECTION 12. VACATIONS

12.1 Eligibility
All unit represented employees shall begin to accrue vacation credit from the first full day of employment; however, no unit represented employee shall be entitled to annual vacation leave without first serving the six (6) months original probationary period.

12.2 Vacation Credits Earned
Employees shall earn vacation credits in accordance with the following:

Years of Service Accrual rate for each 2 weeks’ of
service
First five (5) years 3.4 hours
Beginning 6th -10th years 4.6 hours
Beginning 11th year 4.9 hours
Beginning 12th year 5.2 hours
Beginning 13th year 5.5 hours
Beginning 14th year 5.8 hours
Beginning 15th year 6.2 hours
Beginning 16th year 6.47 hours
Beginning 17th year 6.77 hours
Beginning 18th year 7.08 hours
Beginning 19th year 7.39 hours
Beginning 20th year and thereafter 7.70 hours

12.3 Time Charged
Vacation time shall be charged on the basis of the actual number of working hours the unit represented employee is on vacation to the nearest one tenth (1/10th) hour.

12.4 Vacation Credits Advance
Employees may take only such vacation as they have accumulated at the time that the vacation begins, except after three (3) years of service the unit represented employee may draw upon anticipated vacation credits not to exceed forty (40) hours per year. Fractional days shall not be taken as vacation but shall remain to the credit of the unit represented employee. At termination of employment the City shall be reimbursed by the unit represented employee for any vacation taken in excess of vacation credit.

12.5 Vacation Scheduling and Maximum Accrual
The times during the calendar year at which a unit represented employee may take vacation shall be determined by the department director with due regard to the needs of the service and desires of the unit represented employee. If requirements of the service or the desires of the unit represented employee are such that an unit represented employee must defer part or all of his annual vacation in a particular year, the department director may permit the unit represented employee to take such deferred vacation during the following calendar

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year. No unit represented employee may accumulate more than twice his annual vacation allowance.

12.6 Sick Leave During Vacation
If a unit represented employee becomes sick during his vacation, such unit represented employee may charge the period of illness against sick leave credits in the same manner as provided in Section 13 (Sick Leave). A doctor's certificate may be required as provided in Section 13.

12.7 Separation from Service
Unit represented employees who terminate employment shall be paid a lump sum for all accrued vacation leave earned prior to the effective day of termination. Former unit represented employees reemployed by the City shall receive no credit for prior service in determination of vacation benefits.

12.8 Return of Vacation
Unit represented employees of this unit will be allowed to sell to the City a maximum of sixty (60) hours of vacation leave per year, at the individual's prevailing wage. The unit represented employee must have a balance of forty (40) hours remaining after the return of the hours to the City. This provision may be utilized once during the fiscal year and the request must coincide with a regularly scheduled payday.

SECTION 13. SICK LEAVE

13.1 Accrual
Unit represented employees shall earn sick leave credit at the rate of 3.7 hours for each two (2) weeks of service beginning with the first full day of employment.

13.2 Usage
Sick leave shall not be considered a privilege, which a unit member may use at his discretion, but shall be allowed only in cases of necessity and actual sickness including necessary physician appointments or disability. Unit represented employees are entitled to use their earned sick leave benefits to be off work without the loss of compensation under the following conditions:

13.2.1 For the unit represented employee’s own illness or injury or for the illness or injury of the unit represented employee’s family member. For purposes of this Section, “family member” is defined as a biological, adopted, or foster child; stepchild; legal ward, or a child to whom the unit represented employee’s stands in loco parentis; a biological, adoptive, or foster parent; stepparent, or legal guardian of an unit represented employee or the unit represented employee’s spouse or registered domestic partner (a registered domestic partnership requires filing an Affidavit of Domestic Partnership with the Secretary of State), or a person who stood in loco parentis when the unit represented

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employee was a minor child; spouse; registered domestic partner; grandparent; grandchild; or sibling.

13.2.2 For the unit represented employee's receipt of required medical or dental care or consultation or for the required medical or dental care or consultation of the unit represented employee’s family member.

13.2.3 For unit represented employees who are victims of domestic violence, sexual assault or stalking as specified in state law.

13.2.4 Each hour of illness or injury shall be deducted from the unit represented employee’s accumulated sick leave benefits.

Sick leave shall be charged against a unit represented employee’s sick leave credit as the actual number of hours of the regular work period that the unit represented employee is on sick leave. Employees shall be entitled to sick leave compensation except unit represented employees serving the first six (6) months of the original probationary period.

In order to receive compensation while absent on sick leave, an unit represented employee shall notify his immediate supervisor prior to the time set for the beginning of his daily duties.

When the absence is for more than one (1) working day in a week, unit represented employees may be required to file a physician's statement with the Personnel Office verifying that the unit represented employee was absent due to illness or injury.

13.3 Incapacity to Perform Duties
The City Manager or where the authority has been delegated by the City Manager, the City Manager's representative may require any unit represented employee who he/she believes may be physically or mentally incapacitated for work to undergo an examination by a physician designated by the City and at the City's expense. If as a result of the physician's examination the unit represented employee is determined to be incapacitated to perform his/her duties, the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative may place the unit represented employee on leave of absence without pay, with due process, provided such action is not in conflict with Government Code Section 4850, and where applicable, the Public Safety Officers Procedural Bill of Rights Act. A unit represented employee may use accrued sick leave, vacation or compensatory time prior to being placed on a leave of absence without pay.

Vacation and sick leave credits shall not accrue when a unit represented employee is on an unpaid leave of absence.

13.4 Sick Leave at Retirement or Termination
The City has amended its contract with the Public Employee's Retirement System to provide police officer represented employees of this unit the provisions of Section 20965 of the Optional Benefit Provision of PERS regulations, entitled "Credit for Unused Sick Leave."

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Unit represented employees otherwise terminating their City employment or being terminated shall forfeit all unused sick leave benefits as of the termination date. Former unit represented employees re-employed by the City shall receive no credit for prior service in determination of sick leave benefits.

SECTION 14. LEAVES OF ABSENCE

14.1 Family Illness Leave
According to State Law, a unit represented employee in this unit may use his or her accrued sick leave up to a maximum of six (6) days per year, where the unit represented employee ’s attendance is required to attend to a member of his family, as defined in Section 13.2.1, who is ill. A doctor's note may be required to substantiate the illness of the family member.

14.2 Family Care & Medical Leave
Each eligible unit represented employee is entitled to family care and medical leave as provided by the Family and Medical Leave Act (FMLA) and the California Family Rights Act (CFRA), as amended. The leaves under FMLA and CFRA will run concurrently to the extent permitted by law.

14.2.2.1 The birth of a child and to care for the newborn child (FMLA and CFRA);

14.2.2.2 The placement with the unit represented employee of a child for adoption or foster care and care for the newly placed child (FMLA and CFRA);

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of age or an adult dependent child. Parent is defined as biological, foster or adoptive parent, stepparent, legal guardian, or other person who stood in loco parentis to the unit represented employee when the unit represented employee was a child.

Parent does not include a parent-in-law. “Spouse” means partner in marriage or a registered domestic partner as defined in the Family Code and includes same-sex partners in marriage.)

14.2.2.4 Because of a unit represented employee’s own serious health condition that makes the unit represented employee unable to perform the functions of the unit represented employee’s position, except for disability on account of pregnancy, childbirth, or related medical conditions, which is covered by pregnancy disability leave. (Pregnancy disability counts toward only California Pregnancy Disability Leave (PDL) and FMLA leave.)

The twelve (12) month period for FMLA/CFRA purposes is
determined by the fiscal year.

14.2.3 Family Care and Medical Leave To Care for a Covered Servicemember with a Service Injury or Illness
Subject to the provisions of this MOU, City policy, and state and federal law, including the FMLA, an eligible unit member may take FMLA leave to care for a covered servicemember with a serious injury or illness if the unit represented employee is the spouse, son, daughter, parent, or next of kin of the servicemember.

14.2.3.1 An eligible unit represented employee’s entitlement under Section 14.2.4 is limited to a total of twenty-six (26) workweeks of leave during a single 12-month period to care for a covered servicemember with a serious injury or illness. The “single 12- month period” in which the 26-weeks-of-leave-entitlement described in this begins on the first day a unit member takesleave to care for the covered servicemember.

14.2.3.2 During the “single 12-month period” described above, an eligible unit member’s FMLA leave entitlement is limited to a combined total of twenty-six (26) workweeks of FMLA leave for any qualifying reason.

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14.2.5 Relationship of Family Care and Medical Leave to Other Leaves Any leave of absence that qualifies as family care and medical leave and is designated by the City as family care and medical leave will be counted as running concurrently with any other paid or unpaid leave to which the unit represented employee may be entitled for the same qualifying reason. A unit represented employee is required to utilize the unit represented employee’s accrued sick leave for FMLA/CFRA qualifying absences due to the unit represented employee’s own serious health condition. A unit represented employee may be required to use accrued vacation leave for FMLA/CFRA qualifying reasons unrelated to the unit represented employee’s own serious health condition.

14.2.6 Notice to the City

14.2.6.1 The unit member represented employee must provide written notice to the City as far in advance of the leave as possible and as soon as the unit represented employee reasonably knows of the need for the leave. If the need for the leave is foreseeable based on an expected birth, placement of a child for adoption or foster care or planned medical treatment, the notice must be provided at least (thirty) 30 calendar days in advance of the leave, or if not reasonably known (thirty) 30 calendar days before the leave, then as soon as reasonably practicable.

14.2.6.2 The written notice must inform the City of the reasons for the leave, the anticipated duration of the leave and the anticipated start of the leave.

14.2.7 Medical Certification

14.2.7.1 A unit represented employee’s request for family care and medical leave to care for a child, a spouse, or a parent who has a serious health condition shall be supported by a certification

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issued by the health care provider of the individual requiring care. If additional leave is requested after the expiration of the time originally estimated by the health care provider, the unit represented employee shall provide the City with recertification by the health care provider.

14.2.7.3 As a condition of an unit represented employee’s return from leave taken because of the unit represented employee’s own serious health condition, the unit represented employee is required to obtain certification from the unit represented employee’s care provider that the unit represented employee is able to resume work.

14.2.7.4 Employees are required to use the medical certification forms available from the City Human Resources Department to meet the certification and recertification requirements of this section.

14.2.8 Minimum Duration of Leave

14.2.8.1 Leave does not need to be taken in one continuous period of time.

However, intermittent or reduced work schedule leave may be taken for absences where the unit represented employee or covered family member is incapacitated or unable to perform the essential functions of the position because of a chronic serious health condition, even if he or she does not receive treatment by a health care provider.

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14.2.11 Employee’s Status on Returning from Leave
Except as provided by law, on return from family care and medical leave, an unit represented employee is entitled to be returned to the same or equivalent position the unit represented employee held when leave commenced, or to an equivalent position with equivalent benefits, pay, and other terms and conditions of employment. An unit represented employee is also entitled to reinstatement even if the unit m represented employee has been replaced or the unit represented employee’s job has been restructured to accommodate the unit represented employee’s absence. If an unit represented employee is no longer qualified for the position because, e.g., of the employer’s inability to renew a license, as a result of the leave, the unit represented employee shall be given a reasonable opportunity to fulfill those conditions upon returning to work. A unit represented employee has no right to return to the same position. Use of family care and medical leave will not result in the loss of any employment benefit that accrued prior to the start of an eligible unit represented employee’s FMLA/CFRA leave.

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14.3.4 Employee Status
During a pregnancy disability leave, the unit represented employee shall retain unit represented employee status, and the leave shall not constitute a break in service for any purpose under this MOU except that the leave shall not count toward completion of probation.

14.3.5 Relationship Between Pregnancy Disability, FMLA, and CFRA Leaves

14.3.5.1 A pregnancy disability leave shall run concurrently with the unit member’s FMLA leave entitlement.

14.3.5.2 The right to take pregnancy disability leave is separate and distinct from the right to take leave under CFRA. An unit represented employee’s own disability due to pregnancy, childbirth or related medical conditions is not a “serious health condition” under CFRA.

14.3.5.3 At the end of the unit represented employee’s period(s) of pregnancy disability leave, or at the end of four months of pregnancy disability leave, whichever occurs first, a CFRAeligible unit represented employee may request to take CFRA leave of up to twelve (12) workweeks for reason of the birth of her child, if the child has been born by this date.

14.4 Jury Duty
A unit represented employee summoned to jury duty shall inform his supervisor and, if required to serve, may be absent from duty with full pay; provided, however, the unit represented employee must remit to the City, through the unit represented employee’s department director, within fifteen (15) days after receipt, all fees received except those specifically allowed for mileage and expenses.

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14.5 Military Leave
The provisions of the Military and Veterans Code of the State of California shall govern military leave of City employees.

14.6 Campaign Leave
Upon becoming a candidate for public office, any regular unit represented employee may request and be granted a leave of absence without pay, to remain in effect for the period of his candidacy.

14.7 Leave of Absence Without Pay
Upon written request the City Manager or where the authority has been delegated by the City Manager, the City Manager's representative, the City may grant a unit represented employee a leave of absence without pay for a definite period not to exceed one (1) year.

The City Manager or where the authority has been delegated by the City Manager, the City Manager's representative's decision shall be final. Upon expiration of an approved leave of absence the unit represented employee shall be reinstated in the position held at the time the leave was granted or to another position in the same classification. Failure on the part of a unit represented employee on leave to report promptly on its expiration, or within fifteen (15) days after notice to return to duty shall result in such unit represented employee’s automatic dismissal. Vacation and sick leave credits shall not accrue to a unit represented employee on voluntary leave of absence without pay.

14.8 Bereavement Leave
All Employees are permitted 5 days of Unpaid Bereavement Leave upon the death any family member listed in Section 12945.2 of the Government Code. In case of death within the immediate family of a unit represented employee, such a unit represented employee shall be entitled to remain absent from duty with pay in order to attend and/or arrange the funeral or memorial services for the times hereinafter specified:
(1) If the service is within the Bay Area (i.e., Alameda, Contra Costa, Marin, Napa, San Francisco, San Mateo, Santa Clara, Sonoma Counties) not to exceed a maximum of three (3) working days.
(2) If the service is outside the Bay Area, not to exceed a maximum of five (5) working days. Said bereavement leave is not to be charged to sick or vacation leave.

For the purpose of paid Bereavement Leave in Section 14.8, immediate family is defined as parent, sibling, spouse, domestic partner, child, mother-in-law, father-in-law, brotherin-law, sister-in-law, grandparents, grandchildren, great grandparents, stepchildren, foster children, or other persons with whom there is a demonstrated child-rearing/parental or immediate familial relationship. The Paid Bereavement leave runs concurrent with the 5 Day Unpaid Bereavement Leave. However, the leave days need not be consecutive. For Bereavement Leave in excess of 3 days, or the additional two for out-side of the Bay Area, all employees may use vacation, personal leave, accrued and available sick leave, or compensatory time off that is otherwise available to the employee. Proof of death (death certificate, obituary, funeral program,

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etc.) or proof of miscarriage/stillbirth (a note from a healthcare provider) must be submitted within 30 calendar days of when the employee returns to work.Absence Without Pay Failure of a unit represented employee to report for duty on a normal working day or shift without notice to his department director of the reason for such absence within thirty (30) minutes after the time designated as the beginning of the work day shall constitute absence without leave and without pay. Employees should make every effort to contact their department director prior to the start of their shift if they plan to be absent.

SECTION 15. HEALTH AND WELFARE

15.1 Medical Insurance – City Contributions
Effective the first full pay period following City Council approval of this MOU and continuing for the 2022 and 2023 calendar years, the City will contribute up to the following maximum amounts per month toward the cost of health benefits for each fulltime unit represented employee. For the purpose of this Health and Welfare Section, “fulltime” means the unit member is assigned to a classification requiring the unit member to work at least forty (40) hours per week. Unit members electing coverage with a cost greater than the amount paid by the City in this Section shall have the difference deducted automatically from the unit member’s pay. In the event the actual monthly premium cost is less than the amount shown on the chart below, the City shall retain any savings and shall have no obligation to “cash-out” or pay any unit member the difference. The City and the Union acknowledge the parties may propose changes to Section 15 during the successor contract negotiations in 2023. During the successor contract negotiations, the chart below in this Section 15.1 shall define the status quo ante for City contributions toward the cost of health benefits for each full-time unit member. Unit members electing coverage with a cost greater than the amount paid by the City in this Section shall have the difference deducted automatically from the unit member’s pay.

15.1.1 Health Insurance Premiums
During the term of this MOU, the City will cover up to a 6% increase (Benchmarked to Kaiser Region One Rate) to any enrolled employees’ medical plan contribution during a calendar year.

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Plan 2021
(Effective
first full pay
period
following
Council
approval of
the MOU)
2022
(2.0%
increase
effective
January 1,
2022)
2023
(2.0%
increase
effective
January 1,
2023)
Employee Only $877.70 $895.25 $913.16
Employee + 1 $1,700.97 $1,734.99 $1,769.69
Employee + 2 Or More $2,211.27 $2,255.50 2,300.61

15.1.2 Eligibility
To be eligible for a CalPERS offered medical plan, unit represented employees must meet the criteria established by CalPERS.

The City will continue to offer CalPERS health benefits program and make the necessary employer contributions as contracted with CalPERS for both active and retired participants.

15.1.3 Health In-Lieu Payment Plan
The City will pay a monthly taxable five hundred and fifty dollars ($550) inlieu payment to a unit represented employee who certifies that he or she is eligible for health insurance coverage through another group health plan, declines City health coverage, and provides the City proof of other health coverage. City Health in-Lieu payments shall be effective the first pay period in January 2016. The City shall pay the health in-lieu payment through the unit represented employee’s regular payroll checks. The Health in-Lieu Payment Plan year shall operate on the calendar year. Unit represented employees on an unpaid leave of absence are not eligible for the Health In-Lieu Payment Plan.

15.2 Dental, Orthodontia, and Vision

15.2.1 City of Pacifica Self-Funded Dental Plan
For each unit represented employee, the City shall contribute up to one hundred nineteen dollars ($119) per month per unit represented employee to the City of

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Pacifica Self Funded Dental Plan, and the Self Funded Plan shall provide the following benefits to covered unit represented employees:
a) The annual per-person deductible is twenty-five dollars ($25) up to a maximum of seventy-five ($75) per family.
b) The maximum annual benefit each calendar year shall be two thousand dollars ($2,000) per eligible unit represented employee and per dependent.
c) A lifetime maximum orthodontia benefit of two thousand dollars ($2,000) for each eligible unit represented employee and dependent.

15.2.2 City of Pacifica VSP Vision Plan
For each unit represented employee, the City shall contribute the following amounts per month per unit represented employee:
a) Unit Represented Employee Only - $18.29
b) Unit Represented Employee Plus One - $26.52
c) Unit Represented Employee Family - $47.56

15.3 Life and Disability Insurance

15.3.1 Life Insurance
The City shall contribute an amount necessary to provide the life insurance in an amount equal to the unit represented employee’s annual salary. Unit represented employees in this unit may purchase additional life insurance at their own expense through payroll deduction. Unit represented employees may also purchase, through the same voluntary method, life insurance for dependents.

15.3.2 Long-Term Disability Plan
The City shall contribute an amount necessary to provide the long-term disability plan benefits presently in effect for each eligible unit member.

15.4 Domestic Partners Health Benefits
The City will provide medical, dental, and vision benefits for registered domestic partners of bargaining unit represented employees to the same extent, and subject to the same terms and conditions, as medical, dental, and vision benefits are available to spouses of unit represented employees under this MOU. This coverage is conditioned upon the domestic partnership meeting all the criteria of California Family Code Section 297, et seq. and that a valid declaration of domestic partnership has been filed with the Secretary of State pursuant to Family Code Section 297, et seq., registering the domestic partnership.

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Domestic partners may enroll in the City’s medical, dental, and vision plans pursuant to this Section only to the extent that the City’s carriers provide such coverage.

15.5 Coverage During Unpaid Leave
Except as otherwise provided in this MOU, unit represented employees on City approved unpaid leaves of absence shall continue to receive health and welfare benefits for the period of the leaves if they wish to purchase such benefits at the current group rates, to be paid by the unit represented employee to the City one (1) month in advance.

15.6 Medical Flexible Spending Account
To the extent allowed by the Internal Revenue Service, the City will offer IRS qualified flexible medical spending accounts (FSA). Unit represented employees may have funds deducted pre-tax from the unit represented employee’s paycheck and deposited into the IRS qualified FSA accounts.

15.7 Dependent Care Flexible Spending Account
To the extent allowed by the Internal Revenue Service, the City will offer IRS qualified Dependent Care Flexible Spending accounts. Unit represented employees may have funds deducted pre-tax from the unit represented employee’s paycheck and deposited into an IRS qualified Dependent Care Flexible Spending account. If, in its sole discretion, the City determines that administration of the Program will require the services of an outside entity or contractor, participating unit represented employees shall be responsible for paying their share of the outside contractor’s administration fee.

15.8 Wellness Program
The City in concert with th PPOA will develop and implement a wellness program. The Wellness Program shall have at least the following elements: Nutrition Education and Physical Fitness not to exceed 60 minutes of on duty time, when operationally feasible.

15.9 Commuter Assistance Account
To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified Commuter Plan. Unit represented employees may have funds deducted pre-tax from the unit member’s paycheck and deposited into the IRS qualified Commuter Assistance account.

15.10 VantageCare Retirement Health Savings Account
Unit represented employees may voluntarily participate in and contribute to the City’s VantageCare Retirement Health Savings Plan to set aside pretax contributions for healthrelated expenses after separation or retirement.

15.11 Participation in Tax-Sheltered Annuities
To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified tax sheltered annuity plan. Unit represented employees may have funds deducted pre-tax

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from the unit represented employee’s paycheck and deposited into the IRS qualified tax sheltered annuity plan account.

15.12 Participation in IRS 457 Deferred Compensation Plan To the extent permitted by the Internal Revenue Service, the City will offer an IRS qualified 457 deferred compensation plan. Unit m represented employees may have funds deducted pre-tax from the unit represented employee’s paycheck and deposited into the IRS qualified 457 deferred compensation plan.

15.13 City Contribution to IRS Deferred Compensation Plans For each unit member, the City shall contribute six dollars and sixty-nine cents ($6.69) per pay period to one of these City-offered deferred compensation plans: ICMARC, or Nationwide Retirement Solutions, or California Public Employees’ Retirement System.

15.13.1 Beginning the first pay period after City Council approval of the MOU, City shall provide up to a one percent (1%) of base salary match to each unit represented employee’s one percent (1%) of base salary contribution to their IRS qualified 457 deferred compensation plan of the unit represented employee’s choice for the remainder of the MOU. More specifically, each PPOA represented employee shall have the option to make their one percent (1%) contribution to any one of the three City-offered deferred compensation plans available to PPOA unit represented employees (ICMARC, or Nationwide Retirement Solutions, or California Public Employees’ Retirement System) and for the City to make its one (1%) percent matching contribution to that same plan. .

This deferred compensation will end the last pay period in June 2025..

SECTION 16. LABOR MANAGEMENT COMMITTEE
The City and the Union will establish a joint committee for the purpose of discussing common problems including safety problems, contract interpretation and administration, application and administration of any Grievance. The Labor-Management Committee shall meet at regular intervals when either side has an agenda to present. Generally, these meetings will be held on a quarterly basis at a mutually satisfactory time for a duration of approximately two hours. Each side will appoint three (3) attending members. Additional members may attend based on the issue being discussed and with the approval of the Human Resources Director. Meetings will be held during normal business hours.

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SECTION 17. UNIFORM ALLOWANCE
Newly hired police officer unit represented employees shall receive an initial uniform allowance of one thousand dollars ($1,000); provided, however, that in the event the unit represented employee fails to complete one (1) year of service to the City, such initial uniform allowance or the equivalency in uniforms and equipment must be returned to the City.

Police Officers shall receive an annual uniform allowance of eight hundred dollars ($800), paid in one (1) lump sum on the first warrant list on or after December 1st of each year.

SECTION 18. PROBATIONARY PERIOD

18.1 Duration
Police Officers shall undergo a probationary period from the date of hire until twelve (12) months after completion of the Field Training program. Corporals shall undergo a probationary period of twelve (12) months. Where unit represented employee’s extended absence from work has prevented a full probationary evaluation, the probationary period may be extended by the City Manager, or where authority has been delegated by the City Manager, the Department Director, in order to provide a full probationary evaluation. For the purpose of this Section an extended absence from work shall be defined as absences of at least one hundred sixty hours (160).

18.2 Credit for Time Worked in Temporary, Extra Help, or Provisional Status Time worked by an unit member in a temporary, extra help, or provisional status shall not count towards completion of the probationary period; provided, however, that time served in a temporary or provisional appointment may be credited to the probationary period upon recommendation of the department director and approval of the City Manager. The probationary period shall start from the date of probationary appointment. Probationary unit represented employees in regular part-time positions shall be credited with that portion of full-time employment that they worked in a probationary status.

18.3 Transfer to Another Department
Probationary unit represented employees who transfer to another department in a position in the same classification may be required to start a new probationary period as determined by the City Manager, whose decision shall be final.

18.4 Completion of Probation
A unit represented employee who is not rejected prior to the completion of the prescribed probationary period shall acquire regular status automatically. Former regular unit represented employees appointed from a re-employment eligible list shall be given regular appointments when re-employed. Regular unit represented employees who are demoted to lower classifications shall be given regular appointments in the lower classifications.

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18.5 Layoff
A unit member represented employee who is laid off and subsequently appointed as a result of certification from a general employment eligible list to a position in a different classification than that from which laid off shall undergo a new probationary period.

Former probationary unit represented employees whose names were placed on a reemployment eligible list before they achieved regular status shall start a new probationary period when appointed from a reemployment eligible list.

18.6 Termination
The City Manager, or where authority has been delegated by the City Manager, the department director, may terminate a probationary unit represented employee at any time during the probationary period without cause, without the right of appeal in any manner, and without recourse to any of the procedures provided in Section 19 hereof.

18.7 Transfer to Same Classification
Regular unit represented employees who transfer to another position in the same classification shall not be required to undergo a new probationary period in the position into which transferred.

18.8 Promotion to Higher Classification
Regular unit represented employees who are promoted to a higher classification shall undergo the probationary period prescribed for the higher classification, but shall have the right to demote to their former classification if rejected during their probationary period.

SECTION 19. DISMISSAL, SUSPENSION OR DEMOTION FOR CAUSE The City Manager, or, where the authority has been delegated by the City Manager, the department director may discipline, any regular unit represented employee as provided in Chapter IV of the Department Rules and regulations Manual, this Memorandum of Understanding, or the City of Pacifica Personnel Rules and in compliance with the Public Safety Officers Procedural Bill of Rights.

SECTION 20. RETIREMENT PLAN

20.1 City’s Contract with CalPERS
The City shall continue its contract with the California Public Employees Public Retirement System (CalPERS) for all active PPOA unit members. For Tier One unit members described in Section 20.4, the City’s contract with CalPERS shall include the 1959 survivors benefit plan, and credit for unused sick leave.

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All the retirement benefits provided to PPOA unit represented employees are described in this Section 20 or in the City’s contract with CalPERS.

20.2 CalPERS Election about Unit Represented Employee’s Payment of City’s Pension Costs The parties acknowledge that CalPERS mandates an election of unit represented employees, separate from ratification of this MOU, to provide for the cost sharing pursuant to Government Code Section 20516 described in this Section 20. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process.

Upon approval and agreement from the bargaining unit and completion of the City’s amendment to the CalPERS contract, unit member contributions will be made pursuant to Government Code Section 20516, and shall extend beyond the expiration of this MOU.

The PPOA and the City will take all actions necessary to implement the Government Code Section 20516 pension cost sharing agreement described in this Section 20.

20.3 Unit Represented Employee’s Payment of City’s Pension Costs If the contract amendment between the City and CalPERS is not complete before the effective date of the cost sharing described in this Section 20, the cost sharing shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f), and shall extend beyond the expiration of this MOU. The PPOA and the City will take all actions necessary to implement the Government Code Section 20516(f) pension cost sharing agreement described in this Section 20.

20.4 Tier One: Safety 3.0% at 50 Retirement Program – Bargaining Unit Represented Employees Hired On or Before December 31, 2012 and Unit Members Eligible for Reciprocity
This Section 20.4 (including subsections) shall apply to bargaining unit represented employees hired on or before December 31, 2012. In addition, this Section 20.4 (including subsections) shall apply to bargaining unit represented employees hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity requirements:

20.4.1 3% at 50 Pension Formula
The “3% at 50” retirement program will be available to bargaining unit members covered by this Section 20.4.

20.4.2 Final Compensation Based On Twelve Month Period
For purposes of determining a retirement benefit, final compensation for bargaining unit represented employees covered by this Section 20.4 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 21362.2.

20.4.3 Required Bargaining Unit Represented Employee Contribution – July 1, 2015 Each bargaining unit represented employee covered by this Section 20.4 shall continue to pay through payroll deduction the nine percent (9.0%) required

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bargaining unit represented employee contribution. Effective the first full pay period after July 27, 2015, each bargaining unit represented employee covered by this Section 20.4 shall pay, through payroll deduction, an additional four percent (4.0%) of PERSable compensation for a total contribution of thirteen percent (13.0%) toward the normal costs of pension benefits as permitted by Government Code Section 20516. The parties acknowledge that CalPERS mandates an election of unit represented employees, separate from ratification of this MOU, to approve this paragraph of Section 20.4.3 of the MOU. For this reason, this paragraph shall be subject to and contingent upon the PPOA bargaining unit’s approval and agreement to implement through payroll deduction, an additional four percent (4.0%) of PERSable compensation for a total contribution of thirteen percent (13.0%) toward the normal cost of pension benefits.

20.5 Tier Two: New Retirement Tier for Safety Bargaining Unit Represented Employees Hired On or After January 1, 2013
Effective January 1, 2013, this Section 20.5 (including subsections) shall apply to bargaining unit represented employees who were hired or on after January 1, 2013, and who do not qualify for pension reciprocity as stated in Government Code Section 7522.02(c).

20.5.1 2% @ 50 – 2.7% @ 57 Pension Formula
As required by Government Code Section 7522.25, the safety Option Plan Two (2% @ 50 – 2.7% @ 57) pension formula shall apply to bargaining unit represented employees covered by this Section 20.5.

20.5.2 Final Compensation Based On Three Year Average
As required by Government Code Section 7522.32, effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.

20.5.3 Required Unit Represented Employee Contribution
As required by Government Code Section 7522.04(g), bargaining unit represented employees covered by this Section 20.5 shall pay, through payroll deductions, fifty percent (50%) of normal costs.

Effective the first day of the first full pay period in July 2015, in addition to paying fifty percent (50%) of normal costs as described above, bargaining unit represented employees covered by this Section 20.5 shall pay, through payroll deduction, an additional four percent (4.0%) of PERSable compensation toward the City’s normal cost of pension benefits.

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20.6 Implementation of Internal Revenue Code Section 414(h)(2) As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each unit represented employee shall pay through payroll deductions the PERS contributions described in Sections 20.3, 20.4, and 20.5 with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).

20.7 Definition of Status Quo Ante
After this MOU terminates on June 30, 2018, the status quo ante for all purposes, including any state statute shall be defined as the current language of Section 20.

SECTION 21. GRIEVANCE PROCEDURE

21.1 Definition
A grievance is any dispute involving the interpretation or application of any provision of this Memorandum of Understanding excluding, however, those provisions of this Memorandum of Understanding which specifically provide that the decision of any City Official shall be final, the interpretation or application of those provisions not being subject to the grievance procedure. A grievance also includes an appeal of demotion, suspension, or dismissal.

21.2 Public Safety Officer Procedural Bill of Rights
Steps I through 3 of the Grievance Procedure shall be utilized to provide the administrative appeal set forth in Section 3304(b) of the Government Code for any appeals of punitive action enumerated in Section 3303. Such appeals shall not be processed beyond Step 3.

21.3 Procedure
Grievances shall be processed in the following steps:

21.3.1 Step 1. Immediate Supervisor. A grievance may be filed by a unit member in his/her own behalf, or jointly by a group of unit represented employees, or by the Association.

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21.3.2 Step 2. Department Director. If the grievance is not resolved in Step 1, the aggrieved may, within fourteen (14) calendar days from receipt of the Supervisor's written answer, present the grievance in writing to the department director for consideration. The department director shall investigate the issues, meet with the grievant and attempt to reach a satisfactory resolution of the problem. Answer to the grievance shall be made in writing by the department director within fourteen (14) calendar days from receipt of the grievance.

21.3.3 Step 3. City Manager. If the grievance is not resolved in Step 2, the aggrieved may, within five (5) calendar days from receipt of the department director's answer, present the grievance in writing to the City Manager for consideration.

The City Manager shall designate the Assistant City Manager or other representative to investigate the merits of the grievance, to meet with the grievant, and to attempt to settle the grievance or to make recommendations to the City Manager. The City Manager shall respond in writing within ten (10) calendar days from receipt of the grievance. No grievance may be further processed under Section 20 unless it has been filed in accordance with Sections

21.3.1 through 21.3.3.

21.3.4 21.3.5 Step 4. Arbitration. In the event the City Manager is unable to resolve the Grievance , either the Association or the City may require that the grievance be referred to an impartial arbitrator who shall be designated by mutual agreement between the Association and the City Manager. Notice of arbitration must received within 10 calendar days after receipt of the City Managers decision in

21.3.3. The fees and expenses of the arbitrator and of a court reporter shall be shared equally by the Association and the City. Each party, however, shall bear the cost of its own presentation, including preparation and post-hearing briefs, if any. Decisions of arbitrators on matters properly before them shall be final and binding on the parties hereto, to the extent permitted by the laws governing General Law Cities in the State of California. Prior to arbitration, the City and Union may mutually request the assistance of a Mediator to attempt to settle the grievance.

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21.4 Scope of Arbitrator
No arbitrator shall entertain, hear, or decide any dispute unless such dispute involves a position in a unit represented by this Association and unless such dispute falls within the definition of a grievance as set forth in Section 21.1.

21.5 Time to Initiate Discipline Grievances

21.5.1 No grievance involving demotion, suspension or dismissal of a unit represented employee will be entertained unless it is filed in writing with the immediate supervisor within five (5) days not including Saturdays, Sundays or holidays, of the time at which the affected unit represented employee was notified of such action.

21.5.2 If the department director or the City Manager resolve a grievance under this Section which involves suspension or discharge, they may agree to payment for lost time or to reinstatement with or without payment for lost time, but in the event the dispute is referred to arbitration and the arbitrator finds that the City had the right to take the action complained of, the arbitrator may not substitute his judgment for the judgment of management and if he finds that the City had such right, he may not order reinstatement and may not assess any penalty upon the City.

21.6 Grievances Regarding Compensation
All complaints involving or concerning the payment of compensation shall be initially filed in writing with the City Manager at Step 3, Section 21.3 above. Only complaints which allege that unit represented employees are not being compensated in accordance with the provisions of this Memorandum of Understanding shall be considered as grievances. Any other matters of compensation are to be resolved in the meeting and conferring process and if not detailed in the Memorandum of Understanding which results from such meeting and conferring process shall be deemed withdrawn until the meeting and conferring process is next opened for such discussion. No adjustment shall be retroactive for more than thirty (30) days from the date upon which the complaint was filed.

TUITION REIMBURSEMENT

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21.7 Amount and Eligibility
A unit represented employee may be reimbursed up to a maximum of two thousand dollars ($2,000.00) within one fiscal year for tuition and related enrollment/registration expense paid for courses of study in an off-duty status if the subject matter content of the course is closely related to the unit represented employee’s present work assignment or in an undergraduate or post graduate program related to the unit represented employee’s work assignment. There must be a reasonable expectation that the unit represented employee’s work performance or value to the City will be enhanced as a result of the course of study.

21.8 Request for Pre-Approval and Reimbursement
Tuition reimbursement will be applied to the City's fiscal year in which the class begins.

The course of study must be approved in advance, with the unit represented employee submitting a Request for Tuition Reimbursement to his/her department director that provides all the information needed for evaluation of the request.

21.9 City Authorization
The department director shall recommend approval or disapproval and forward the request to the Human Resources Department, whose decision shall be final. Having approved the course of study, Human Resources returns the application to the department, until such time as the course is complete. If a course is approved and later found to be unavailable, a substitute course must be approved.

21.10 Proof of Completion
Upon completion of the course, a copy of the grade sheet or certificate with a grade of C or better, together with original receipts and proof of payment by the unit represented employee of tuition, fees, etc., shall be submitted to Human Resources for processing. Any and all reimbursement must be returned to the City in full if the unit represented employee does not achieve at least a C grade. A copy of the tuition information is placed in the unit represented employee’s personnel file.

21.11 Reimbursement to City Upon Separation
If the unit represented employee leaves the employment of the City within one (1) year after reimbursement, such unit represented employee is required to refund one-half (1/2) of the reimbursement to the City.

SECTION 22. NO STRIKE
The Association, its members and representatives, agree that it and they will not during the term of this Memorandum of Understanding engage in, authorize, sanction, or support any strike, slowdown, stoppage of work, curtailment of production, concerted refusal of overtime work, refusal to operate designated equipment (provided such equipment is safe and sound) or to perform customary duties; and neither the Association nor any representatives thereof shall engage in job action for the purpose of effecting changes in the directives or decisions of management of the

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City, nor to effect a change of personnel or operations of management or of unit represented employees not covered by this Memorandum of Understanding.

SECTION 23. SEPARABILITY OF PROVISIONS
In the event that any provision of this Memorandum of Understanding is declared by a court of competent jurisdiction to be illegal or unenforceable or rendered invalid by operation of law, that provision of the Memorandum of Understanding shall be null and void but such nullification shall not affect any other provisions of this Memorandum of understanding, all of which other provisions shall remain in full force and effect.

SECTION 24. PAST PRACTICES AND EXISTING MEMORANDA OF

UNDERSTANDING

26.1 Continuance of working conditions and practices not specifically authorized by ordinance or by resolution of the City Council is not guaranteed by this Memorandum of Understanding.

26.2 This Memorandum of Understanding shall supersede all existing memoranda of understanding between the City and the Association.

26.3 No changes in this Memorandum of Understanding or interpretations thereof (except interpretations resulting from Adjustment Board or arbitration proceedings under Section 21) will be recognized unless agreed to by the City Manager and the Association, provided that nothing herein shall prevent the City from adjusting past practices to conform with clear contract language.

26.4 All existing side letters that are not incorporated into this Memorandum of Understanding shall terminate on the effective date of this Memorandum.

SECTION 25. ADDITIONAL PROVISIONS

25.1 Term of Agreement
The parties acknowledge that this Memorandum must be presented to and approved by the City of Pacifica City Council. Unless otherwise specifically stated in this MOU, this Memorandum shall become effective on the date approved by the City Council, and shall remain in effect through June 30, 2025.

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25.2 Negotiations for a Successor Memorandum of Understanding No later than March 15, 2025, the City and the Association shall begin negotiations for a successor Memorandum of Understanding by exchanging initial conceptual proposals.

Made and entered into this ________.

PACIFICA POLICE OFFICERS CITY OF PACIFICA:

ASSOCIATION:

TBDPresident, PPOA Kevin Woodhouse, City Manager

Tbd Vice President , PPOA Yulia Carter

Mark Wilson
Zach Lopes
Attorney for PPOA Burke, Williams & Sorensen, LLP
Rains Lucia Stern St. Phalle & Silver, PC

APPROVED AS TO FORM

Michelle Marchetta Kenyon
City Attorney

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APPENDIX A
2020-2021 SALARY SCHEDULE

PACIFICA POLICE OFFICER'S ASSOCIATION
In effect June 30, 2021

SALARY RANGE

POLICE OFFICERS
HIRED ON OR BEFORE JUNE 30, 2010 Minimum Maximum
Police Officer Trainee 5,414
Police Officer (Basic Cert) 0-5 years 7,038 8,458
Police Officer (Basic Cert) &-10 years 7,389 8,880
Police Officer (Basic Cert) 11-15 years 7,538 9,057
Police Officer (Basic Cert) 16+ years 7,688 9,239
Police Corporal (&sic Cert) 0-5 years 7,389 8,880
Pollee Corporal (&sic Cert) &-10 years 7,760 9,324
Police Corporal (Basic Cert) 11·15 years 7,913 9,511
Police Corporal (&sic Cert) 16+ years 8,072 9,701

POLICE OFFICERS
HIRED ON OR AFTER JULY 1,2010 Minimum Maximum
Police Officer Trainee 5,414
Pollee Offlcer 0-5 years 7,038 8,458
Pollee Offlcer 6+ years 7,389 8,880
Police Corporal 0-5 years 7,389 8,880
Police Corporal 6+ years 7,760 9,324

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APPENDIX A-1
2021-2022 SALARY SCHEDULE

PACIFICA POLICE OFFICER'S ASSOCIATION

SALARY RANGE

POLICE OFFICERS
HIRED ON OR BEFORE JUNE 30, 2010 Minimum Maximum
Police Officer Trainee 5,576
Police Officer (Basic Cert) 0-5 years 7,249 8,712
Police Officer (Basic Cert) 6-10 years 7,611 9,146
Police Officer (Basic Cert) 11-15
years 7,764 9,329
Police Officer (Basic Cert) 16+ years 7,919 9,516
Police Corporal (Basic Cert) 0-5 years 7,611 9,146
Police Corporal (Basic Cert) 6-10
years 7,993 9,604
Police Corporal (Basic Cert) 11·15
years 8,150 9,796
Police Corporal (Basic Cert) 16+
years 8,314 9,992

POLICE OFFICERS
HIRED ON OR AFTER JULY 1,2010 Minimum Maximum
Police Officer Trainee 5,576
Police Officer 0-5 years 7,249 8,712
Police Officer 6+ years 7,611 9,146
Police Corporal 0-5 years 7,611 9,146
Police Corporal 6+ years 7,993 9,604

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APPENDIX A2
2022-2023 SALARY SCHEDULE

PACIFICA POLICE OFFICER'S ASSOCIATION

SALARY RANGE

POLICE OFFICERS
HIRED ON OR BEFORE JUNE 30, 2010 Minimum Maximum
Police Officer Trainee 5,799
Police Officer (Basic Cert) 0-5 years 7,539 9,060
Police Officer (Basic Cert) 6-10 years 7,915 9,512
Police Officer (Basic Cert) 11-15 years 8,075 9,702
Police Officer (Basic Cert) 16+ years 8,235 9,897
Police Corporal (Basic Cert) 0-5 years 7,915 9,512
Police Corporal (Basic Cert) 6-10
years 8,313 9,988
Police Corporal (Basic Cert) 11·15
years 8,476 10,188
Police Corporal (Basic Cert) 16+ years 8,647 10,392

POLICE OFFICERS
HIRED ON OR AFTER JULY 1,2010 Minimum Maximum
Police Officer Trainee 5,799
Police Officer 0-5 years 7,539 9,060
Police Officer 6+ years 7,915 9,512
Police Corporal 0-5 years 7,915 9,512
Police Corporal 6+ years 8,313 9,988

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APPENDIX B-1

CITY OF PACIFICA
170 Santa Maria Avenue
Pacifica, California 94044
CERTIFICATION OF HEALTH CARE PROVIDER (California Family Rights Act (CFRA) AND FAMILY CARE AND MEDICAL LEAVE ACT (FMLA) IMPORTANT NOTE: The California Genetic Information Nondiscrimination Act of 2011 (CalGINA) prohibits employers and other covered entities from requesting, or requiring, genetic information of an individual or family member of the individual except as specifically allowed by law. To comply with the Act, we are asking that you not provide any genetic information when responding to this request for medical information. “Genetic Information,” as defined by CalGINA, includes information about the individual’s or the individual’s family member’s genetic tests, information regarding the manifestation of a disease or disorder in a family member of the individual, and includes information from genetic services or participation in clinical research that includes genetic services by an individual or any family member of the individual. “Genetic Information” does not include information about an individual’s sex or age.

1. Employee’s Name: _______________________________________________________

YesNo
 

3. Date medical condition or need for treatment commenced [NOTE: THE HEALTH CARE PROVIDER IS NOT TO DISCLOSE THE
UNDERLYING DIAGNOSIS WITHOUT CONSENT OF THE PATIENT:]

4. Probable duration of medical condition or need for treatment:

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6. If the certification is for the serious health condition of the employee, please answer the following:

YesNo
  Is the employee able to perform work of any kind?
(If “No,” skip next question.)
  Is employee unable to perform any one or more of the essential functions of employee’s position? (Answer after reviewing statement from employer of essential functions of employee’s position, or, if none provided, after discussing with employee.)

7. If the certification is for the care of the employee’s family member, please answer the following:

YesNo
  Does (or will) the patient require assistance for basic medical, hygiene, nutritional needs, safety, or transportation?
  After review of the employee’s signed statement (See Item 10 below), does the condition warrant the participation of the employee? (This participation may include psychological comfort and/or arranging for third-party care for the family member.)

8. Estimate the period of time care is needed or during which the employee’s presence would be beneficial:
_____________________________________________________________________

9. Please answer the following questions only if the employee is asking for intermittent leave or a reduced work schedule.

YesNo
  Intermittent Leave: Is it medically necessary for the employee to be off work on an intermittent basis due to the serious health condition of the employee or family member?
If yes, please indicate the estimated frequency of the employee’s need for intermittent leave due to the serious health condition, and the duration of such leaves (e.g., 1 episode every 3 months lasting 1-2 days):

Frequency: _____times per ____ week(s) _____month(s)
Duration: _____hours or ______day(s) per episode

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YesNo
  Reduced Schedule Leave: Is it medically necessary for the employee to work less than the employee’s normal work schedule due to the serious health condition of the employee or family member?
If yes, please indicate the part-time or reduced work schedule the employee needs:
___ hour(s) per day; ____days per week, from ______ through ______
YesNo
  Time Off for Medical Appointments or Treatment: Is it medically necessary for the employee to take time off work for doctor’s visits or medical treatment, either by the health care practitioner or another provider of health services?
If yes, please indicate the estimated frequency of the employee’s need for leave for doctor’s visits or medical treatment, and the time required for each appointment, including any recovery period:

11. Printed name of health care provider:

Signature of health care provider:
________________________________________________________________________ Date: _____________________________

12. Signature of Employee:

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________________________________________________________________________ Date: _____________________________
Serious Health Condition
“Serious health condition” means an illness, injury (including, but not limited to, on-the-job injuries), impairment, or physical or mental condition of the employee or a child, parent, or spouse of the employee that involves either inpatient care or continuing treatment, including, but not limited to, treatment for substance abuse. A serious health condition may involve one or more of the following:

1. Hospital Care
Inpatient care in a hospital, hospice, or residential medical care facility, including any period of incapacity or subsequent treatment in connection with or consequent to such inpatient care. A person is considered an “inpatient” when a heath care facility formally admits him or her to the facility with the expectation that he or she will remain at least overnight and occupy a bed, even if it later develops that such person can be discharged or transferred to another facility and does not actually remain overnight.

2. Absence Plus Treatment
(a) A period of incapacity of more than three consecutive calendar days (including any subsequent treatment or period of incapacity relating to the same condition), that also involves:
(1) Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision of a health care provider, or by a provider of health care services (e.g., physical therapist) under orders of, or on referral by, a health care provider; or
(2) Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider.

3. Pregnancy [NOTE: An employee’s own incapacity due to pregnancy is covered as a serious health condition under FMLA but not under CFRA] Any period of incapacity due to pregnancy; or for prenatal care.

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5. Permanent/Long-term Conditions Requiring Supervision A period of incapacity which is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by, a health care provider. Examples include Alzheimer’s, a severe stroke, or the terminal stages of a disease.

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APPENDIX B-2

CITY OF PACIFICA
170 Santa Maria Avenue
Pacifica, California 94044

CERTIFICATION OF HEALTH CARE PROVIDER

FOR PREGNANCY DISABILITY LEAVE, TRANSFER AND/OR REASONABLE

ACCOMMODATION
Employee’s Name:

Specify when and for what duration:

Ending (Estimate):
 Intermittent leave. Specify medically advisable intermittent leave schedule:

Beginning (Estimate):

Ending (Estimate):
 Reduced work schedule. [Specify medically advisable reduced work schedule.]

Beginning (Estimate):

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Ending (Estimate):
 Transfer to a less strenuous or hazardous position or to be assigned to less strenuous or hazardous duties [specify what would be a medically advisable position/duties].

Beginning (Estimate):

Ending (Estimate):
 Reasonable accommodation(s). [Specify medically advisable needed accommodation(s). These could include, but are not limited to, modifying lifting requirements, or providing more frequent breaks, or providing a stool or chair.]

Beginning (Estimate):

Ending (Estimate):

Name, license number and medical/health care specialty [printed] of health care provider.

Signature of health care provider:

Date:

Authority Cited: Government Code Sections 12935, subd. (a), and 12945.

Reference: Government Code Sections 12940, 12945; FMLA, 29 U.S.C. §2601, et seq. and FMLA regulations, 29 C.F.R. § 825.

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Packet Pg. 462 Attachment: Attachment 6 - MOU PPOA Redlined for Council Ratification [Revision 1] (5408 : Resolutions Approving the MOUS Between the RESOLUTION NO. __-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PACIFICA AND PACIFICA BATTALION CHIEFS, IAFF 2400 FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2025
WHEREAS, a Memorandum of Understanding has been negotiated in good faith in accordance with the Meyers-Milias-Brown Act (“MMBA”) and agreed to by the Pacifica Battalion Chiefs, IAFF 2400 bargaining unit has ratified the Memorandum of Understanding; and WHEREAS, said Memorandum of Understanding, as ratified by the Pacifica Battalion Chiefs, IAFF 2400 and as reviewed by the City Attorney, is attached hereto along with revised salary schedules for the Pacifica Battalion Chiefs IAFF 2400; and WHEREAS, the parties have reached agreement on successor Memoranda of Understanding and a successor Compensation and Benefits Plan.

NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica that certain wages, salaries, fringe benefits, and working conditions as described in said Memorandum of Understanding with members of the Pacifica Battalion Chiefs IAFF 2400, copy attached (ATTACHMENT 1), are hereby authorized for the period of July 1, 2023, through June 30, 2025; and BE IT FURTHER RESOLVED, that in accordance with California Government Code 570.5(a), the salary schedules listed under Appendix A-2 and A-3 of the Memorandum of Understanding are approved and adopted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on July 10, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
____________________________
Tygarjas Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
___________________________ __________________________
Sarah Coffey, City Clerk Michelle Kenyon, City Attorney

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Packet Pg. 463 Attachment: RESOLUTION BC-IAFF 2400 - EXHIBIT A1 (5408 : Resolutions Approving the MOUS Between the City and Represented Labor RESOLUTION NO. __-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PACIFICA AND PACIFICA FIRE FIGHTERS’ ASSOCIATION AND SAN MATEO COUNTY FIRE FIGHTERS IAFF 2400 FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2025
WHEREAS, a Memorandum of Understanding has been negotiated in good faith in accordance with the Meyers-Milias-Brown Act (“MMBA”) and agreed to by the Pacifica Fire Fighters Association and San Mateo County Fire Fighters IAFF 2400 bargaining unit has ratified the Memorandum of Understanding; and
WHEREAS, said Memorandum of Understanding, as ratified by the Pacifica Fire Fighters Association and San Mateo County Fire Fighters IAFF 2400 and as reviewed by the City Attorney, is attached hereto along with revised salary schedules for the Pacifica Fire Fighters Association and San Mateo County Fire Fighters IAFF 2400; and
WHEREAS, the parties have reached an agreement on successor Memoranda of Understanding and a successor Compensation and Benefits Plan.

NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica that certain wages, salaries, fringe benefits, and working conditions as described in said Memorandum of Understanding with members of the Pacifica Fire Fighters Association and San Mateo County Fire Fighters IAFF 2400, copy attached (ATTACHMENT 2), are hereby authorized for the period of July 1, 2023, through June 30, 2025; and
BE IT FURTHER RESOLVED, that in accordance with California Government Code 570.5(a), the salary schedules listed under Appendix A-1 and A-2 of the Memorandum of Understanding are approved and adopted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on July 10, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

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Packet Pg. 464 Attachment: RESOLUTION FF-IAFF 2400 - EXHIBIT B1 (5408 : Resolutions Approving the MOUS Between the City and Represented Labor RESOLUTION NO. __-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PACIFICA AND MANAGEMENT EMPLOYEES TEAMSTERS LOCAL 350 FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2025
WHEREAS, a Memorandum of Understanding has been negotiated in good faith in accordance with the Meyers-Milias-Brown Act (“MMBA”) and agreed to by the Management Employees Teamsters Local 350 bargaining unit has ratified the Memorandum of Understanding; and
WHEREAS, said Memorandum of Understanding, as ratified by the Management Employees Teamsters Local 350 and as reviewed by the City Attorney, is attached hereto along with revised salary schedules for the Management Employees Teamsters Local 350; and WHEREAS, the parties have reached an agreement on successor Memoranda of Understanding and a successor Compensation and Benefits Plan.

NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica that certain wages, salaries, fringe benefits, and working conditions as described in said Memorandum of Understanding with members of the Management Employees Teamsters Local 350, copy attached (ATTACHMENT 3), are hereby authorized for the period of July 1, 2023, through June 30, 2025; and
BE IT FURTHER RESOLVED, that, in accordance with California Government Code 570.5(a), the salary schedules listed under Appendix B-1 and B-2 of the Memorandum of Understanding are approved and adopted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on July 10, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

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Packet Pg. 465 Attachment: RESOLUTION MGMT-TEAMSTERS 350 - EXHIBIT C1 (5408 : Resolutions Approving the MOUS Between the City and Represented RESOLUTION NO. __-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PACIFICA AND TEAMSTERS UNION LOCAL 856 MISCELLANEOUS FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2025
WHEREAS, a Memorandum of Understanding has been negotiated in good faith in accordance with the Meyers-Milias-Brown Act (“MMBA”) and agreed to by the Teamsters Union Local 856 Miscellaneous bargaining unit has ratified the Memorandum of Understanding; and WHEREAS, said Memorandum of Understanding, as ratified by Teamsters Union Local 856 Miscellaneous and as reviewed by the City Attorney, is attached hereto along with revised salary schedules for Teamsters Union Local 856 Miscellaneous; and WHEREAS, the parties have reached an agreement on successor Memoranda of Understanding and a successor Compensation and Benefits Plan.

NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica that certain wages, salaries, fringe benefits, and working conditions as described in said Memorandum of Understanding with members of the Teamsters Union Local 856 Miscellaneous, copy attached (ATTACHMENT 4), are hereby authorized for the period of July 1, 2023, through June 30, 2025; and
BE IT FURTHER RESOLVED, that in accordance with California Government Code 570.5(a), the salary schedules listed under Appendix A-1 and A-2 of the Memorandum of Understanding are approved and adopted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on July 10, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

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Packet Pg. 466 Attachment: RESOLUTION TEAMSTERS 856 MISC - EXHIBIT D1 (5408 : Resolutions Approving the MOUS Between the City and Represented RESOLUTION NO. __-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PACIFICA AND PACIFICA POLICE OFFICERS ASSOCIATION FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2025
WHEREAS, a Memorandum of Understanding has been negotiated in good faith in accordance with the Meyers-Milias-Brown Act (“MMBA”) and agreed to by the Pacifica Police Officers Association bargaining unit has ratified the Memorandum of Understanding; and WHEREAS, said Memorandum of Understanding, as ratified by Pacifica Police Officers Association and as reviewed by the City Attorney, is attached hereto along with revised salary schedules for Pacifica Police Officers Association; and WHEREAS, the parties have reached an agreement on successor Memoranda of Understanding and a successor Compensation and Benefits Plan.

NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica that certain wages, salaries, fringe benefits, and working conditions as described in said Memorandum of Understanding with members of the Pacifica Police Officers Association, copy attached (ATTACHMENT 5), are hereby authorized for the period of July 1, 2023, through June 30, 2025; and
BE IT FURTHER RESOLVED, that in accordance with California Government Code 570.5(a), the salary schedules listed under Appendix A-1 and A-2 of the Memorandum of Understanding are approved and adopted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on July 10, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

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Packet Pg. 467 Attachment: RESOLUTION PPOA - EXHIBIT E1 (5408 : Resolutions Approving the MOUS Between the City and Represented Labor Groups) RESOLUTION NO. __-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PACIFICA AND PACIFICA POLICE MANAGEMENT ASSOCIATION FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2025
WHEREAS, a Memorandum of Understanding has been negotiated in good faith in accordance with the Meyers-Milias-Brown Act (“MMBA”) and agreed to by the Pacifica Police Management Association bargaining unit has ratified the Memorandum of Understanding; and WHEREAS, said Memorandum of Understanding, as ratified by Pacifica Police Management Association and as reviewed by the City Attorney, is attached hereto along with revised salary schedules for Pacifica Police Management Association; and WHEREAS, the parties have reached an agreement on successor Memoranda of Understanding and a successor Compensation and Benefits Plan.

NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica that certain wages, salaries, fringe benefits, and working conditions as described in said Memorandum of Understanding with members of the Pacifica Police Management Association, copy attached (ATTACHMENT 6), are hereby authorized for the period of July 1, 2023, through June 30, 2025; and
BE IT FURTHER RESOLVED, that in accordance with California Government Code 570.5(a), the salary schedules listed under Appendix A and A-1 of the Memorandum of Understanding are approved and adopted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on July 10, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

5.s
Packet Pg. 468 Attachment: RESOLUTION PPMA - EXHIBIT F1 (5408 : Resolutions Approving the MOUS Between the City and Represented Labor Groups) RESOLUTION NO. __-2023

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND PACIFICA POLICE SUPERVISORS ASSOCIATION FOR THE PERIOD OF JULY 1, 2023, THROUGH JUNE 30, 2025
WHEREAS, a Memorandum of Understanding has been negotiated in good faith in accordance with the Meyers-Milias-Brown Act (“MMBA”) and agreed to by the Pacifica Police Supervisors Association bargaining unit has ratified the Memorandum of Understanding; and WHEREAS, said Memorandum of Understanding, as ratified by Pacifica Police Supervisors Association and as reviewed by the City Attorney, is attached hereto along with revised salary schedules for Pacifica Police Supervisors Association; and WHEREAS, the parties have reached an agreement on successor Memoranda of Understanding and a successor Compensation and Benefits Plan.

NOW, THEREFORE, be it resolved by the City Council of the City of Pacifica that certain wages, salaries, fringe benefits, and working conditions as described in said Memorandum of Understanding with members of the Pacifica Police Supervisors Association, copy attached (ATTACHMENT 6), are hereby authorized for the period of July 1, 2023, through June 30, 2025; and
BE IT FURTHER RESOLVED, that in accordance with California Government Code 570.5(a), the salary schedules listed under Appendix B-1 and B-2 of the Memorandum of Understanding are approved and adopted.

PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on July 10, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

5.t
Packet Pg. 469 Attachment: RESOLUTION PPSA - EXHIBIT G1 (5408 : Resolutions Approving the MOUS Between the City and Represented Labor Groups)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
7/10/2023
1 SUBJECT:

Resolution of the City Council of the City of Pacifica Accepting the Report of Sewer Service Charges for Fiscal Year 2023-2024 and Directing the Filing of Charges for Collection by the County Controller.

RECOMMENDED ACTION:

Move to adopt the proposed "Resolution of the City Council of the City of Pacifica accepting the report of Sewer Service Charges for Fiscal Year 2023-2024, and directing the filing of charges for collection by the County Controller" to place the assessment charges on the County of San Mateo Property Tax Roll.

STAFF CONTACT:

Yulia Carter, Assistant City Manager
650-738-7402
[email protected]
Maria Aguilar, Deputy Director of Public Works - Wastewater 650-738-4660
[email protected]
BACKGROUND/DISCUSSION:

On May 9, 2022 the City Council approved Ordinance 879-C.S., which established a methodology for the collection of sewer service charges and enacted a new five year rate structure with a maximum annual rate increase for the City’s Wastewater Program service charges from Fiscal Years 2022-23 through 2026-27. A second reading of the ordinance was conducted and approved at the May 23, 2022, meeting. The Ordinance amended sections 6-6.403 through 6-

6.408 of Chapter 6 Title 6 (Sewer Charges) of the Pacifica Municipal Code to reflect the new rate structure. The revenues generated by this rate structure are the main source of revenue for the City’s Wastewater Program and address its future capital and financial needs (detailed below):

Table 1 - Summary of Residential Rate Modifications
Maximum Rate
2022-23 2023-24 2024-25 2025-26 2026-27
Percent Increase 3.5% 3.5% 3.5% 3.5% 3.5%
Rate* $19.47221 $20.15374 $20.85912 $21.58919 $22.34481 Minimum Annual Rate $934.66 $967.38 $1001.24 $1036.28 $1072.55 *Unit calculated by multiplying total use by a factor of 0.9 Table 2 - Summary of Commercial Rate Modifications
Maximum Rate
2022-23 2023-24 2024-25 2025-26 2026-27
Percent Increase 3.5% 3.5% 3.5% 3.5% 3.5%
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Rate* $19.47221 $20.15374 $20.85912 $21.58919 $22.34481 Minimum Annual Rate $934.66 $967.38 $1001.24 $1036.28 $1072.55 * Unit calculated by total use multiplied by strength factor (see Table 3) Table 3 City of Pacifica Proposed Commercial Strength
Factors
Customer Class Current
Car Washes 0.9
Cleaners 1.2
Laundromats 0.75
Restaurants with Grease Traps 1.6
Restaurants without Grease Traps 1.8
Gymnasiums 0.9
All Other Commercial Use 1.0
This resolution implements the sewer service charges for Fiscal Year 2023-2024 (see Attachment 1) and reflects a rate increase of 3.5% above the 2022-23 rates. As previously presented in the Sewer Rate Study this 3.5% increase is based on the following:
• Anticipated 2023-2024 expenditures for the operations, maintenance, repair, and management of the City’s Wastewater Program;
• Maintaining a reserve for contingencies which funds operations and maintenance costs for 90 days;
• Construction of wastewater capital projects;
• Providing the Wastewater Enterprise Fund with the appropriate debt service coverage (net operating revenue over debt service payments).

The new rate structure and the 2023-24 rate proposal are supported by a detailed rate study conducted by Bartle Wells Associates dated January 26, 2022. The Proposition 218 review/process is not required for this resolution since the City adhered to this process as part of the approval of the 5-year rate cycle approved on May 23, 2022.

The charges presented in this report have been calculated in accordance with the amended Municipal Code Section 6-6.404. A list of sewer charges applied to each parcel is kept in the Finance Department at City Hall and public inspection and verification can be arranged by appointment.

ALTERNATIVE ACTION:

The City Council may elect not to adopt the resolution approving the sewer service charges for FY 2023-24 and lower the rates from what is being proposed. This will result in a significant decrease in Wastewater revenues and may result in delays in implementation of the Capital Improvement Projects included in the rate study assumptions.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Adopting the resolution approving the sewer service charges for FY 2023-24 is consistent with the following Council adopted Goal:
• “Enhance organizational and Fiscal Stability” and “Improve and Steward City Infrastructure, streets and facilities”
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FISCAL IMPACT:

The projected 3.5% rate increase will generate approximately an additional $1 Million, which will raise Wastewater revenues to $18.4 million already included in the FY 2023-24 Budget and will allow the Fund to meet projected expenses.

ORIGINATED BY:

Finance Department
Public Works - Wastewater Division
ATTACHMENT LIST:

Attachment A: Sewer Service Charges 2023-24 (PDF)
6 Packet Pg. 472
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July 10, 2023
RESOLUTION NO. _________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA ACCEPTING THE REPORT OF SEWER SERVICE CHARGES FOR FISCAL YEAR 2023-2024 AND DIRECTING

THE FILING OF CHARGES FOR COLLECTION BY THE COUNTY CONTROLLER WHEREAS, pursuant to Section 6-6.502 of the Pacifica Municipal Code and Section 5473 of the California Health & Safety Code, the City has received a report of sewer charges for Fiscal Year 2023-24, computed in conformity with the City’s schedule of sewer charges (“Report”) is on file in the Office of the City Clerk and available for public inspection and is incorporated herein by reference; and
WHEREAS, the City Council desires to approve the Report and to submit the charges described therein to the San Mateo County Controller for collection on the 2023-2024 tax roll.

NOW, THEREFORE, BE IT RESOLVED that the City Council hereby approves the Report as submitted, and
BE IT FURTHER RESOLVED that the City Clerk hereby adopts the FY2023-2024 sewer service charges in the amount of $18,411,703 and directs staff to file the necessary documents with the Controller to ensure that the said fees are included on the County of San Mateo Property Tax Roll for Tax Year 2023-2024.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 10th day of July 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

ABSTAIN, Councilmembers:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 6 Packet Pg. 473
Adopted FY 2023-24
Proposed FY 2026-27
Proposed FY 2025-26
Proposed FY 2024-25
$20.15374/100 cubic feet of water consumption (Increase of 3.5%) $22.34481/100 cubic feet of water consumption (Increase of 3.5%) $21.58919/100 cubic feet of water consumption (Increase of 3.5%) $20.85912/100 cubic feet of water consumption (Increase of 3.5%) Sewer Charge:

FY 2021-22 $18.81373/100 cubic feet of water consumption (Increase of 7.0%) FY 2020-21 $17.58293/100 cubic feet of water consumption (Increase of 7.0%) FY 2019-20 $16.43264/100 cubic feet of water consumption (Increase of 8.0%) FY 2018-19 $15.21541/100 cubic feet of water consumption (Increase of 8.0%) FY 2017-18 $14.08834/100 cubic feet of water consumption (Increase of 8.0%) FY 2016-17 $13.04476/100 cubic feet of water consumption (Increase of 4.28%) FY 2015-16 $12.50867/100 cubic feet of water consumption (Increase of 2.94%) FY 2014-15 $12.15128/100 cubic feet of water consumption (Increase of 2.9%) CFOWC = Cubic Feet of Water Consumption
CALCULATION YEAR FY 2023-24
(March of the previous year thru February of the current year):

March 2022 thru February 2023
MEASUREMENT PERIOD FOR RESIDENTIAL CUSTOMERS:

Water billings from March 2022 thru February 2023
RESIDENTIAL CALCULATION:

Actual Annual Water Consumption x 90% x $20.15374 = Sewer Service Charge MINIMUM SEWER SERVICE CHARGE:
48 Annual Units of Water Consumption x $20.15374 = $967.38 Prior year minimum charge = $934.67
MEASUREMENT PERIOD FOR COMMERCIAL CUSTOMERS:

Actual Annual Water Consumption.

COMMERCIAL CALCULATION:

Actual Annual Water Consumption x $20.15374 x strength factor = Sewer Service Charge.

COMMERCIAL STRENGTH FACTORS:

Car Washes 0.90
Cleaners 1.20
Laundromats 0.75
Restaurants with functioning grease traps 1.60
Restaurants without functioning grease traps 1.80
Gymnasiums 0.90
Any other commercial use 1.00
Section 6-6.401 through 6-6.407 of the Pacifica Municipal Code addresses the assessment of Sewer Service Charges including the rate and the measurement periods for both residential and commercial customers.

FY 2013-14 $11.81632/100 CFOWC.

FY 2012-13 $11.81632/100 CFOWC.

FY 2011-12 $10.63211/100 CFOWC.

FY 2010-11 $10.28208/100 CFOWC.

FY 2009-10 $9.75568/100 CFOWC.

FY 2008-09 $9.51463/100 CFOWC.

FY 2007-08 $8.01056/100 CFOWC.

FY 2006-07 $7.33488/100 CFOWC.

FY 2005-06 $6.94083/100 CFOWC.

FY 2004-05 $6.47862/100 CFOWC.

FY 2003-04 $5.38619/100 CFOWC.

FY 2002-03 $4.69754/100 CFOWC.

FY 2001-02 $4.67424/100 CFOWC.

FY 2000-01 $4.27433/100 CFOWC.

FY 1999-00 $4.37985/100 CFOWC.

FY 1998-99 $3.96437/100 CFOWC.

FY 1997-98 $3.89008/100 CFOWC.

FY 1996-97 $3.52/100 CFOWC.

FY 1995-96 $3.38/100 CFOWC.

FY 1994-95 $3.07/100 CFOWC.

FY 1993-94 $2.87/100 CFOWC.

SEWER SERVICE CHARGES FY 2023-24
FY 2022-23 $19.47221/100 cubic feet of water consumption (Increase of 3.5%)

6.a
Packet Pg. 474 Attachment: Attachment A: Sewer Service Charges 2023-24 (5403 : Filing of 2023-24 Sewer Charges)

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
7/10/2023
1 SUBJECT:

Resolution of the City of Pacifica City Council Approving the Application for Grant Funds from the California State Parks Recreational Trails Program
RECOMMENDED ACTION:

Adopt the Resolution entitled, "Resolution of the City Council of the City of Pacifica Approving the Application for Grant Funds from the California State Parks Recreational Trails Program to fund the Pacifica Bike Park."
STAFF CONTACT:

Bob Palacio, Director Parks, Beaches and Recreation
650 738-7382
[email protected]
BACKGROUND/DISCUSSION:

In 2021, the Pacifica City Council approved lower Frontierland Park as a space for a new community bike park to be constructed. The Pacifica Bike Park Coalition has advocated and worked for years to find a way to have this new city amenity funded and built. There has been significant public outreach and this potential project is community driven. Currently Frontierland Park provides a variety of existing park and recreation resources serving the community. A new bike park used for public recreation activities will not only strengthen our community but will provide long awaited trail connections. New Access to, and connections between, City and Regional Park areas adjacent and within the neighborhood will be established. Trail entries will be appropriately improved and clearly signed for managed and safe use. Connecting historic trails will be preserved and signed for public use. Greenbelts will be reserved and maintained exclusively for their scenic open space value.

PB&R staff, in collaboration with the Pacifica Bike Park Coalition is requesting permission to continue to apply for a California State Parks Recreation Trails Program Grant in the amount of $1.55M to fund the following:
 $25K Concept Design and Additional Public Outreach
 Depending on how we go out (design build or not) design development, construction docs, permits, etc could be $150K.
 Project management $20K
 Construction Cost $1.2M - $1.35M
* Contingency $120K
The California State Parks Department requires all applying agencies to include a resolution from their governing bodies authorizing their applications for this grant. Therefore, staff recommends that the Council approves a resolution authorizing the City of Pacifica to submit a grant application to the California State Parks Recreational Trails Program to fund the Pacifica 7 Packet Pg. 475
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Bike Park.

ALTERNATIVE ACTION:

If the recommended action is not approved, the Pacifica Bike Park Coalition and PB&R staff would need to continue to look for substantial funding sources to build this new public amenity.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
“An Engaged Community” includes creating opportunities to expand public participation, increase communication, and build community post-COVID.

FISCAL IMPACT:

There is no direct fiscal impact associated with preparation of the grant application. If successful, the City will receive $1.55M towards pre-construction planning, public outreach, construction, and closeout for the Pacifica Bike Park project.

ORIGINATED BY:

Parks, Beaches & Recreation Department
ATTACHMENT LIST:
7 Packet Pg. 476
Pacifica City Council 3
July 10, 2023
RESOLUTION NO. _______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA APPROVING THE

APPLICATION FOR GRANT FUNDS FROM THE CALIFORNIA STATE PARKS

RECREATIONAL TRAILS PROGRAM TO FUND THE PACIFICA BIKE PARK WHEREAS, the “Safe, Accountable, Flexible, Efficient Transportation Equity Act: A Legacy for Users” provides funds to the State of California for Grants to federal, state, local and non-profit organizations to acquire, develop and/or maintain motorized and non-motorized trail Projects; and
WHEREAS, the State Department of Parks and Recreation has been delegated the responsibility for the administration of the program within the State, setting up necessary procedures governing Project Application under the program; and WHEREAS, said procedures established by the State Department of Parks and Recreation require the City of Pacifica, as Applicant, to certify by resolution the approval of Application before submission of said Application to the State; and WHEREAS, the City of Pacifica will enter into a Contract with the State of California to complete the Project(s);
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica hereby:

1. Approves the filing of an Application for the Recreational Trails Program; and

2. Certifies that the Project is consistent with the Applicant’s general plan or the equivalent planning document; and

3. Certifies that said Applicant has or will have available prior to commencement of any work on the Project(s) included in this Application, sufficient funds to operate and maintain the Project(s); and

4. Certifies that the Applicant has reviewed, understands, and agrees to the General Provisions contained in the Contract shown in the Procedural Guide; and

5. Appoints the CITY MANAGER as agent to conduct all negotiations, execute and submit all documents, including, but not limited to Applications, agreements, amendments, payment requests and so on, which may be necessary for the completion of the Project.

6. Agrees to comply with all applicable federal, state and local laws, ordinances, rules, regulations and guidelines.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 10th day of July, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:
7 Packet Pg. 477
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July 10, 2023
ABSENT, Councilmembers:

ABSTAIN, Councilmembers:

CITY OF PACIFICA:
_________________________________
Tygarjas Twyrls Bigstyck, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Sarah Coffey, City Clerk Michelle Kenyon, City Attorney 7 Packet Pg. 478

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
7/10/2023
1 SUBJECT:

First Amendment to Master Consultant Services Agreement between the City of Pacifica and Hines EDM for Scanning and Digitization of City Records RECOMMENDED ACTION:

Adopt a Resolution Approving the First Amendment to Master Consultant Services Agreement between the City of Pacifica and Hines EDM for scanning and digitization of City records and ongoing scanning services in connection with the City’s Records and Information Management Program Policy to extend the term to 6/30/2024, increase the Cost Ceiling from $110,000 to $150,000 and update the pricing / cost schedule; and authorize the City Manager to execute all documents related with the project
STAFF CONTACT:

Sarah Coffey, City Clerk
(650) 738-7307
[email protected]
BACKGROUND/DISCUSSION:

On November 9, 2020, the City Council adopted a city-wide Records Retention Policy and Records Retention Schedule, which is included in the City’s Administrative Policy No. 8 - “Records and Information Management Program Policy.” The Records Retention Policy provides the guiding principles and procedures on records management while the Records Retention Schedule establishes the retention periods and authorizes disposition of the administrative, fiscal, and legal records in each department. Though the Records Retention Schedule will allow for some records to be periodically purged when appropriate, the volume of paperwork that has accumulated and stored in various locations over years of normal business practices will need to be eventually scanned and digitized into the City’s repository, Laserfiche.

To efficiently manage the City’s public records and to more efficiently access records, multiple departments city-wide require digitization of microfiche, microfilm, and paper records. The objective of the city-wide document imaging project is to store documents electronically and reduce physical storage needs.

On March 5, 2021, the City issued a request for proposals (RFP) from firms to provide document imaging services. The City requires the expertise and competence of a qualified scanning and digitization vendor to perform the task of document imaging to store documents electronically. In this RFP staff requested proposals that would meet the following objectives:

1. Create a standardized index compatible with Laserfiche or any updated document repository used by the City;

2. Convert the City’s existing records into digital files;

3. Develop and implement an ongoing digitization process for incoming documents;

4. Provide document scanning services for existing hard copy documents currently in storage;

5. Convert microfilm/microfiche to searchable digital format; 8 Packet Pg. 479
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6. Conduct services on an as-needed, on-call basis via authorization of task orders; and

7. Perform the duties of the project with minimal training and oversight.

Five proposals were received, and staff evaluated each submittal, followed by an interview with the highest scoring candidates. Proposals that provided the highest quality product at the most affordable price for digitization of City records and ongoing scanning services were given the highest consideration.

The firm Hines EDM was selected to conduct the scanning and digitization of the City’s records and the City Council approved the Master Agreement for Consultant Services with Hines EDM effective August 9, 2021. The term of the Master Agreement is effective through June 30, 2023 and the cost ceiling was specified at $110,000. Under the Master Agreement, specific tasks prioritized by the requesting City department / division were authorized by Task Orders on an as-needed basis throughout the term of the Master Agreement. This provides the flexibility needed for each department when tasks orders may vary significantly in size and scope, and budget. Hines EDM possess the qualifications, experience, and bandwidth to perform city-wide scanning and digitization services for the City of Pacifica and has completed the Task Orders issued to date to the City’s satisfaction.

The City wishes to continue its progress toward scanning and digitizing additional records and continue its engagement with Hines EDM as the vendor of choice for achieving these goals.

The City Manager recommends authorizing the proposed First Amendment to Master Consultant Services Agreement between the City of Pacifica and Hines EDM to extend the term to June 30, 2024, increase the Cost Ceiling from $110,000 to $150,000 and update the pricing / cost schedule to reflect Hines EDM current pricing.

ALTERNATIVE ACTION:

The Council could choose not to approve the First Amendment to the Master Services Agreement and provide further direction to staff. It should be noted that the storing of hard-copy records will become an increasing cost to the City over time. Should records not be periodically scanned and digitized into the repository, the volume of paperwork requires increasing rental space to store documents and incurs costs to store and retrieve physical records on-demand. and physical records are not as easily accessible.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:
“Improve and Steward City Infrastructure, streets and facilities” - The scanning project plays a part in context to the Civic Center’s plans for remediation of conditions at the Civic Center facilities by freeing up the volume of paperwork that has accumulated over years of normal business practices and readiness for staff relocation to the Civic Center Campus upon completion of the renovation.

FISCAL IMPACT:

Departments who budgeted for scanning services in FY2023-24 may opt into the program for scanning and digitization services through execution of individual Task Orders under the Master Agreement. As such, each department who participates is responsible for payment under each authorized Task Order. The not to exceed ceiling amount of the Master Agreement with Hines EDM is adjusted from $110,000 to $150,000 to provide for additional scanning services for FY2023-24. No additional budget appropriation is required to authorize this First Amendment. 8 Packet Pg. 480
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ORIGINATED BY:

City Manager's Office
ATTACHMENT LIST:

Attachment A: First Amendment to Master Agreement b/w the City of Pacifica and Hines EDM (PDF)
Attachment B: Hines EDM Master Agreement (PDF)
8 Packet Pg. 481
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July 10, 2023
RESOLUTION NO. _____

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING THE

CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE MASTER AGREEMENT FOR CONSULTANT SERVICES WITH HINES EDM, INC. FOR SCANNING AND

DIGITIZATION OF RECORDS
WHEREAS, consistent with the City of Pacifica’s Purchasing Policy (Administrative Policy No. 76), the City of Pacifica entered into a Master Agreement with Hines EDM, Inc. for scanning and digitization of City records per the City Council’s authorization on August 9, 2021; and
WHEREAS, the City of Pacifica requires additional document scanning and digitization services in fiscal year 2023-2024 as included in department budgets; and WHEREAS, the City Council of the City of Pacifica has considered the City Manager’s recommendation to approve a first amendment to the City’s Master Agreement with Hines EDM for the purpose of extending the term of the Agreement through June 30, 2024, increasing the not-to-exceed cost ceiling from $110,000 to $150,000 and updating the pricing / cost schedule to reflect Hines EDM pricing schedule as of July 1, 2023.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to amend the agreement with Hines EDM, Inc. for the purpose of extending the term of the agreement to June 30, 2024, increasing the Cost Ceiling to $150,000 and updating the pricing / cost schedule as detailed in the First Amendment to the Master Agreement.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 10th day of July, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

FIRST AMENDMENT TO MASTER AGREEMENT

CITY OF PACIFICA AND HINES EDM
This First Amendment to Master Agreement for Consultant Services (the “First Amendment”) is made and entered this 1st day of July, 2023, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and Hines EDM (“Consultant”), a California corporation (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, on August 9, 2021, the CITY and CONSULTANT entered into that certain agreement entitled “Master Agreement for Consultant Services” (“Agreement” or “Master Agreement”) to provide scanning and digitization and related services in conjunction with the CITY’S Records and Information Management Program Policy; and WHEREAS, CITY and CONSULTANT now desire to enter into this First Amendment to the Agreement to extend the term reflected in Section 3.1 “Effective Date” for completion of the services; and
WHEREAS, CITY and CONSULTANT desire to amend Section 2.1 “Compensation” to increase the not-to-exceed total compensation for all services provided under the Master Agreement from $110,000 to $150,000 and update the Pricing and Billing rate schedules to be specified pursuant with ATTACHMENT B to this First Amendment.

AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY amend the Master Agreement as follows:

1. Section 2.1 within ARTICLE 2 – COMPENSATION of the Master Agreement is deleted and hereby amended to read in its entirety as follows:

2.1 Compensation. Compensation for the Services shall be in accordance with the Pricing and Billing rate schedules specified in Attachment B “Compensation” to the First Amendment to Agreement. However, in no event shall the amount the CITY pays to CONSULTANT for work done under this Agreement or any Task Orders issued pursuant to this Agreement exceed $150,000 (“Cost Ceiling”).

2. Section 3.1 “Effective Date” within ARTICLE 3 – TIME OF PERFORMANCE of the Master Agreement is hereby amended to read in its entirety as follows:

3.1 Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the “Term”). CONSULTANT agrees to complete all services by June 30, 2024.

8.a
Packet Pg. 483 Attachment: Attachment A: First Amendment to Master Agreement b/w the City of Pacifica and Hines EDM (5400 : Resolution - Hines EDM First

3. AGREEMENT IN EFFECT. Except as amended by this First Amendment, all other terms and provisions of the Master Agreement shall remain unmodified and in full force and effect.

4. COUNTERPART SIGNATURES. This First Amendment may be signed in multiple counterparts which, when signed by all parties, shall constitute a binding agreement.

IN WITNESS WHEREOF, the parties have executed this First Amendment to the Agreement as of the date set forth above.

HINES EDM INC.

By: Date
Lonnie R. Hines, President
Hines EDM, Inc.

CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney
ATTEST:

By: _______________________________
Sarah Coffey, City Clerk
June 30, 2023

8.a
Packet Pg. 484 Attachment: Attachment A: First Amendment to Master Agreement b/w the City of Pacifica and Hines EDM (5400 : Resolution - Hines EDM First ATTACHMENT “B”

COMPENSATION
[Hines EDM Cost Proposal Form effective 7/1/2023 attached] In no event shall the amount the CITY pays to CONSULTANT for work done under this Agreement or any Task Orders issued pursuant to this Agreement exceed $150,000.

8.a
Packet Pg. 485 Attachment: Attachment A: First Amendment to Master Agreement b/w the City of Pacifica and Hines EDM (5400 : Resolution - Hines EDM First Price per
Unit Unit
a. Document Preparation Services $0.01 Per Image
b.

Scan and Convert standard sized documents (11" x 17" and smaller) to PDFs @ 200 DPI - Black and White $0.040 Per Image
c.

Scan and Convert standard sized documents (11" x 17" and smaller) to PDFs @ 200 DPI - COLOR $0.040 Per Image
d.

Scan and Convert standard sized documents (11" x 17" and smaller) to PDFs @ 300 DPI - Black and White $0.040 Per Image
e.

Scan and Convert standard sized documents (11" x 17" and smaller) to PDFs @ 300 DPI - COLOR $0.040 Per Image
f. Microfilm Scanning $50.00 Per Roll
g. Microfiche Scanning $75.00 Per Fiche
h. OCR Documents $0.005 Per Image
i.

Scan and Convert Large Format Documents (larger than 11" x 17") to PDFs @ 200 DPI - Black and White $1.10 Per Image
j.

Scan and Convert Large Format Documents (larger than 11" x 17") to PDFs @ 200 DPI - COLOR $1.10 Per Image
k.

Metadata Capture WITHOUT lookup table (i.e. database export CSV, master table etc.) $0.01
Per
Character
l
Metadata Capture WITH a lookup table (i.e. database export CSV, master table etc.) $0.05 Per Field
m. Project Management, File import into City's Lasefiche system remotely $175.00 Per Hour n. Delivery of digital images per shipment via Hines Secure Cloud No Charge Per
Shipment
o. Pickup of all boxes and materials from City location(s) $225.00 Per Trip p.

Boxing and inventorying of materials from City department Cabinets and Shelves (labor is calculated by employee) $5.00 Per Box Indexing (Metadata Capturing)
Scanned File and Metadata Import into City's Laserfiche Document Management System Transportation, Inventory and Document Request Services Hines EDM Cost Proposal Form 07/01/2023
Document Conversion Sevices (Scanning)
Searchable Document - OCR (Optical Character Recognition) Large Format Document Conversion Services

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Document Requests - non critical, returned and delivered digitally within 48 hours $5.00
Per
Request
r.

Document Requests - urgent, returned and delivered digitally within 12 hours $5.00
Per
Request
s. Special Handling $35.00 Per Hour
t. Destruction of Boxed Records $8.00 Per Box
u. Storage of Boxed Records - Storage fees begin 90 days after delivery $0.55 Per Cubic
Foot
v. Rescanning of documents due to QC issues No Charge
Per
Document
Other Services

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CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
7/10/2023
1 SUBJECT:

Adopt a Resolution to authorize the City Manager to extend the Master Agreement and execute Task Order No. 4 to the Consultant Master Services Agreement with Group 4 Architecture Research + Planning for Architectural Services for the Civic Center Facilities Rehabilitation Project.

RECOMMENDED ACTION:

Move to adopt the Resolution titled “A Resolution of the City Council of the City of Pacifica Authorizing the City Manager to Execute a First Amendment of the Consultant Services Master Agreement and Task Order No. 4 with Group 4 Architecture Research + Planning for Architectural Services” to extend the term of the Agreement to June 30, 2024 and to authorize Task Order No. 4 for Architectural Construction Administration Support for the Civic Center Facilities Rehabilitation Project in an amount not to exceed $184,075 and authorize a 15% contingency for a total budget authority of $211,600.

STAFF CONTACT:

Lisa Petersen, P.E., Director of Public Works
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

The Council approved a Master Agreement (Attachment A) for Architectural Services with Group 4 Architecture Research + Planning (Group 4 Architects) in November 2020 that included a Task Order No. 1 for the Civic Center Project conceptual design. On June 28, 2021, the City Council approved Task Order No. 2 with Group 4 Architects for final design of the project. The total budget authority for Task Order No. 2 was $1,266,030. This cost included funds of $372,359 for project construction administration and project closeout.

Project construction administration included site visits, weekly Owner-Architect-Contractor (OAC) meetings, submittal reviews, responses to Requests for Information (RFIs), review of construction means and methods and assistance with review of construction contract change orders. The cost also was allocated for project close out, including site visits for the punchlist and review and assistance with closeout documents. Task Order No. 3 for $8,338 was related to supplemental hazmat analysis.

As the project is not yet complete, staff is requesting an extension to the Master Agreement until June 30, 2024 with a First Amendment to the Master Agreement (Attachment B).

Additionally, more funds are required to complete the construction administration on the project. The original $372,359 for Group 4 construction administration/close out costs were calculated to support the Civic Center project through the beginning of June 2023, which was the projected closeout of the project. However, upon removal of the building outer walls at the start of the project in the summer and fall of 2022, unanticipated substantial wood rot and 9 Packet Pg. 519
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termite damage was discovered to the existing wood framing on the P&P building and City Hall. Due to the amount of removal of the existing damaged framing, building codes were also triggered that required changes to the existing P&P building footings. Discovery of this damage substantially extended the project construction schedule and required Group 4 to provide additional unanticipated structural and architectural design support.

Group 4 Architects anticipated spending approximately 150 hours per month working on the project. Due to the unanticipated damage and increased workload required to respond to contractor RFI’s and assistance with change order review, Group 4 Architects has been spending on average 250 hours per month working on the project which resulted in billing charges of around $46,000 per month. Due to the extra hours spent on the project, the construction administration costs have been expended on the project. It is anticipated that the City will require Group 4 Architects services for at least four more months requiring an additional $184,000 at the current monthly rate. A 15% contingency is also requested for a total budget authority of $211,600.

This additional cost was factored in the additional allocation towards the Civic Center CIP project, included in the FY 2023-24 Adopted CIP Budget. The City Manager is requesting the Council adopt a Resolution to authorize the City Manager to execute a Task Order No. 4 (Attachment C) to the Consultant Master Services Agreement with Group 4 Architects for architectural construction administration support for the Civic Center Facilities Rehabilitation Project in an amount not to exceed $184,075 and authorize a 15% contingency for a total budget authority of $211,600. Additionally, staff is requesting extension of the Master Agreement until June 30, 2024.

ALTERNATIVE ACTION:

Council may choose not to approve the Master Agreement amendment or the construction budget augmentation and construction management task order agreement; however, this will result in project delays and increased project costs.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Approval of the construction contract and supporting agreements is consistent with the following Council adopted Goals:
• Improve and steward City infrastructure, streets and facilities: This construction project will help rehabilitate the City’s Civic Center Campus and allow staff to move back into the buildings.

FISCAL IMPACT:

There is no additional fiscal impact associated with the extension of the Consultant Master Services Agreement with Group 4 Architects and approval of Task Order No 4, as this cost has been factored-in the FY 2023-24 Adopted CIP Budget, when the Council approved an additional allocation for the Civic Center Facilities Rehabilitation Project of $600,000 for both added construction contingency and architectural administration support. Therefore, staff is not asking to amend the Civic Center’s project budget at this time.

ORIGINATED BY:
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Public Works
ATTACHMENT LIST:

Attachment A: Master Agreement Master_Group4_CivicCenterConceptualDesign_EXECUTED (PDF)
Attachment B: Amendment No. 1_Group 4 Architecture_Civic Center Facilities Project_20230711 (PDF)
Attachment C: Task Order No. 4_ Group 4_ 6-28-23 (002) (PDF) 9 Packet Pg. 521
Pacifica City Council 4
July 10, 2023
RESOLUTION NO. ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING

THE CITY MANAGER TO EXECUTE A FIRST AMENDMENT TO THE CONSULTANT SERVICES MASTER AGREEMENT AND TASK ORDER NO. 4 WITH GROUP 4 ARCHITECTURE RESEARCH + PLANNING FOR ARCHITECTURAL SERVICES WHEREAS, consistent with the City of Pacifica’s Purchasing Policy (Administrative Policy No. 76), the City of Pacifica entered into a Master Services Agreement and Task Order No. 1 with Group 4 Architecture Research + Planning (Group 4 Architects) for consulting services under the City Council’s purchasing authority in November 2020; and WHEREAS, the City Council of the City of Pacifica has considered the City Manager’s recommendation to approve a first amendment to the City’s agreement and to execute Task Order No. 4 with Group 4 Architects on July 10, 2023.

NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to amend the agreement with Group 4 Architects for the purpose of extending the term of the agreement to June 30, 2024 and approve the Task Order No. 4 at the additional cost of $211,600.
• • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 10th day of July 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

MASTER AGREEMENT FOR CONSULTANT SERVICES
This Master Agreement for Consultant Services (the "Agreement") is made and entered into this 24th day of November, 2020, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and GROUP 4 Architecture Research + Planning (hereinafter referred to as "CONSULTANT"). CITY and CONSULTANT may be referred to individually as “Party” and collectively as the “Parties.”

RECITALS
WHEREAS, CITY requires Architectural Services;
WHEREAS, CONSULTANT is qualified to perform such services; and WHEREAS, CONSULTANT has agreed to provide CITY with such services on the terms and conditions set forth herein.

NOW, THEREFORE, for the considerations hereinafter set forth, CONSULTANT and CITY agree as follows:

ARTICLE 1 - SCOPE OF SERVICES

1.1. Scope of Services. CONSULTANT agrees to furnish services pursuant to a Task Order in the form set forth in Exhibit A, Task Order, which is attached hereto and incorporated herein (the "Services").

1.2. Compliance with Law. The Services shall be performed in accordance with all applicable federal, state and local laws, ordinances, rules, regulations and orders.

1.3. Time is of the Essence. CONSULTANT must commence performance of the Services upon receipt of written direction to proceed from City. CONSULTANT shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Section 7 below and to satisfy CONSULTANT’s obligations hereunder. CONSULTANT will complete the Services in accordance with this Agreement by June 30, 2021 (the "Time of Completion"). The Time of Completion may only be modified by an amendment of the Agreement in accordance with its terms.

1.4. Professional Competence. CONSULTANT represents that it has the professional skills necessary to perform the Services and that it will perform the Services in a skillful and professional manner. CONSULTANT represents that it has all the necessary licenses to perform the Services and shall maintain them throughout the term of this Agreement.

CONSULTANT agrees that the Services shall be performed in the manner and according to the standards observed by a competent practitioner of the profession in which CONSULTANT is engaged, in the same or similar geographical area in which CONSULTANT practices its profession, and will prepare all work products required by this Agreement in accordance with such standards. CITY and CONSULTANT agree that

ATTACHMENT A

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CONSULTANT is in responsible charge of the Services. Acceptance by CITY of the Services does not operate as a release of CONSULTANT from professional responsibility for the Services performed.

1.5. Independent Contractor. CONSULTANT is an independent contractor and not an employee of CITY. CONSULTANT expressly warrants that it will not represent that it is an employee of CITY. Persons employed or utilized by CONSULTANT in the performance of the Services will not be employees or agents of CITY. CONSULTANT is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes.

1.6. Confidentiality. CONSULTANT agrees to maintain in confidence and not disclose to any person, firm, governmental entity, or corporation, without CITY's prior written consent, any trade secret or confidential information, knowledge or data relating to the products, process, or operation of CITY. CONSULTANT further agrees to maintain in confidence and not to disclose to any person, firm, governmental entity, or corporation any data, information, technology, or material developed or obtained by CONSULTANT during the performance of the Services. The covenants contained in this Section 1.6 shall survive the termination of this Agreement for whatever cause.

1.7. Ownership of Material. Any reports and other material prepared by or on behalf of CONSULTANT under this Agreement (collectively, the "Documents") shall be and remain the property of CITY. All Documents not already provided to CITY shall be delivered to CITY on the date of termination of this Agreement for any reason. The Documents may be used by CITY and its agents, employees, representatives, and assigns, in whole or in part, or in modified form, for all purposes CITY may deem appropriate without further employment of or payment of any compensation to CONSULTANT.

Any modification or reuse of such documents by the City without CONSULTANT's prior written consent will be at the City's sole risk. Except as may be otherwise required by law, CONSULTANT t will disclose no data, plans, specifications, reports or other documents pertaining to the Services without the prior written consent of City.

1.8. Documentation. CONSULTANT shall keep and maintain full and complete documentation and accounting records, employee time sheets, and correspondence pertaining to the performance of the Services, and CONSULTANT shall make such documents available for review and/or audit by CITY and CITY's representatives at all reasonable times for at least four years after the termination of this Agreement or completion of the Services.

1.9. Testimony. CONSULTANT agrees to testify at CITY's request if litigation is brought against CITY in connection with the Services. Unless the action is brought by CONSULTANT or is based upon CONSULTANT's negligence, CITY will compensate CONSULTANT for the preparation and the testimony at CONSULTANT's standard hourly rates.

ARTICLE 2 - COMPENSATION

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2.1. Compensation. Compensation for the Services shall be in accordance with the rate and schedules specified in a Task Order. However, in no event shall the amount the CITY pays to CONSULTANT for work done under a Task Order exceed the total compensation specified in the Task Order (“Cost Ceiling”).

2.2. Invoices. CONSULTANT shall submit monthly invoices in a form satisfactory to CITY on or before the tenth day of each month for Services provided during the preceding month. CONSULTANT shall submit time and cost records as necessary to substantiate performance of the Services. Within 35 days after receipt of each such invoice, CITY shall verify the accuracy of the invoice, correct the charges where appropriate and as discussed and mutually agreed with CONSULTANT, and make payment to CONSULTANT in an amount equal to the amount of such invoice, as verified or corrected by CITY. No payment hereunder shall be construed as evidence of acceptance of any of CONSULTANT's work. CITY reserves the right to withhold payment from CONSULTANT on account of Services not performed satisfactorily, delays in CONSULTANT's performance of Services, or other defaults hereunder. CONSULTANT shall not stop or delay performance of the Services under this Agreement on account of payment disputes with CITY.

2.3. Status Reports. Together with each monthly invoice, CONSULTANT shall submit a status report detailing the amount expended on the Services to that date and the remaining amount to be expended before the Cost Ceiling is reached. CONSULTANT shall notify CITY in writing when payments have reached 90 percent of the Cost Ceiling.

2.4. Withholding. In lieu of holding retention, CITY shall withhold CONSULTANT's final payment under a Task Order until the Services provided under that Task Order are complete and CITY has received all Documents. CONSULTANT shall diligently continue and complete performance of the Services if the Services are not complete at the time CONSULTANT has performed services up to the Cost Ceiling.

ARTICLE 3 - TIME OF PERFORMANCE

3.1. Effective Date. This Agreement shall become effective upon execution of the second signature and shall remain in full force and effect until December 31, 2021 (the "Term").

Notwithstanding the foregoing, this Agreement may be extended for successive one-year term(s) upon mutual, written approval by the City Manager or his/her designee and CONSULTANT. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.

3.2. Termination. This Agreement may be terminated at any time by CITY upon written notice to CONSULTANT.

3.3. Final Payment. CONSULTANT shall be entitled to compensation for Services performed up to the time of such termination, it being understood that any payments are full compensation for the Services rendered under this Agreement.

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3.4. Other Remedies. Nothing in this Article 3 shall be deemed to limit the respective rights of the parties to terminate this Agreement for cause or otherwise to exercise any rights or pursue any remedies which may accrue to them.

ARTICLE 4 - DESIGNATED CONTACTS

4.1. CITY Contact. CITY designates Sam Bautista, P.E., its Deputy Director of Public Works, as its contact who shall be responsible for administering and interpreting the terms and conditions of this Agreement, for matters relating to CONSULTANT's performance under this Agreement, and for liaison and coordination between CITY and CONSULTANT. In the event CITY wishes to make a change in CITY 's representative, CITY will notify CONSULTANT of the change in writing.

4.2. CONSULTANT Contact. CONSULTANT designates Dawn Merkes, AIA, Principal as its contact, who shall have immediate responsibility for the performance of the Services and for all matters relating to performance under this Agreement. Any change in CONSULTANT's designated contact shall be subject to written approval by CITY.

ARTICLE 5 - INDEMNIFICATION AND INSURANCE

5.1. Indemnification. CONSULTANT shall, to the fullest extent allowed by law, with respect to claims, liability, loss, damage, costs, or expenses, including reasonable attorney's and expert witness fees, awards, fines, penalties, or judgments, arising out of or relating to the Services (collectively "Claims") that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, defend, indemnify, and hold harmless CITY, its Officials, officers, employees and agents (the "CITY Parties"), except to the extent the Claims are attributable to CITY Parties' gross negligence or willful misconduct. CONSULTANT shall defend the CITY Parties as required by California Civil Code Section 2778, and with counsel reasonably acceptable to those parties. CONSULTANT shall have no right to seek reimbursement from the CITY Parties for the costs of defense.

If CONSULTANT is a “design professional,” as defined in California Civil Code Section 2782.8(c), CONSULTANT shall indemnify, defend, and hold the Indemnitees harmless against Liability only to the extent such Liability arises out of, pertains to, or relates to CONSULTANT’s negligence, recklessness, or willful misconduct. In such an event, the cost to defend charged to CONSULTANT shall not exceed CONSULTANT’s proportionate percentage of fault.

The obligations contained in this Section 5.1 shall survive the termination of this Agreement for whatever cause for the full period of time allowed by law and shall not in any way be limited by the insurance requirements of this Agreement.

5.2. Health and Safety. CONSULTANT may perform part of the Services at sites which contain unknown working conditions and contaminated materials. CONSULTANT shall be solely responsible for the health and safety of CONSULTANT's employees during the performance of the Services.

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5.3. Insurance. CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency shall procure, provide and maintain at all times during the performance of this Agreement, and for such additional periods as described herein, the insurance listed below with insurers licensed to do business in the State of California and with a Best's rating of no less than A:VII.

A. Commercial Automobile Liability Insurance. Commercial Automobile Liability Insurance providing bodily injury liability and property damage, to protect against all liability arising out of the use of any owned, leased, passenger or commercial automobile at a minimum amount of $1,000,000 combined single limit and $2,000,000 aggregate. Coverage shall apply to hired and non-owned autos.

B. Commercial General Liability Insurance. Commercial General Liability Insurance, with limits providing a minimum amount of $1,000,000 combined single limit coverage for each occurrence, $2,000,000 general aggregate and $2,000,000 products/completed operations aggregate. The insurance shall cover all operations including but not limited to the following: (1) premises, operations and mobile equipment liability; (2) completed operations and products liability; (3) contractual liability insuring the obligations assumed by CONSULTANT in this Agreement; (4) broad form property damage liability; (5) personal injury liability endorsement, including death; and (6) automobile bodily injury and property damage insurance, including all owned, hired and non-owned equipment.

C. Professional Liability Insurance. Professional Liability Insurance protecting against liabilities arising out of or in connection with negligent acts, errors, or omissions of CONSULTANT and all of CONSULTANTS employees, subcontractors, consultants and other agency in connection with this Agreement, at a minimum amount of $1,000,000 combined single limit coverage and $1,000,000 aggregate, on a "claims made basis" with a continuation of coverage extension for liabilities for two years from the date the Services are substantially complete. Such professional liability policies shall include coverage for liability assumed by the CONSULTANT under this Agreement.

D. Workers Compensation Insurance. Workers Compensation insurance, occupational disease insurance and employer’s liability insurance shall be required with minimum limits as required by law, covering all workplaces involved in this Agreement.

E. Policy Terms. Concurrently with execution of this Agreement, CONSULTANT shall provide CITY with Certificates of Insurance evidencing that CONSULTANT has obtained or maintains the insurance required by this Section

5.3. The Certificates shall be on forms acceptable to CITY. CONSULTANT shall also furnish CITY with original endorsements with the following documentation:

Precluding cancellation or reduction in coverage before the expiration of thirty (30) days after CITY shall have received written notification thereof from CONSULTANT by United States mail;

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Providing that CONSULTANT's insurance shall apply separately to each insured against whom claim is made or suit is brought, and include a “separation of insureds” or “severability” clause which treats each insured separately, except with respect to the limits of the insurer's liability (cross-liability endorsement);
Excepting CONSULTANT’S professional liability insurance, naming CITY, its City Council, boards, commissions, committees, officers, employees and agents as additional insureds (“Additional Insureds”); and Providing that for any claims relating to CONSULTANT's services hereunder, CONSULTANT's insurance coverage shall be primary insurance with respect to CITY, its City Council, boards, commissions, committees, officers, employees and agents, and that any insurance or self-insurance maintained by CITY for itself, its City Council, boards, commissions, committees, officers, employees and agents shall be in excess of CONSULTANT's insurance and shall not be contributory with it.

It shall be a requirement under this Agreement that any available insurance proceeds broader than or in excess of the specified minimum insurance coverages requirements and/or limits shall be available to the Additional Insured, including but not limited to any umbrella or excess insurance.

Furthermore, the requirements for coverage and limits shall be the greater of:
(a) the minimum coverage and limits specified in this Agreement; or (b) the broader coverage and maximum limits of coverage of any insurance policy or proceeds available to the named insured.

F. Material Breach. If CONSULTANT fails to maintain insurance coverage or provided insurance documentation which is required pursuant to this Agreement, it shall be deemed a material breach of this Agreement. CITY, at its sole option, may terminate this Agreement and obtain damages from CONSULTANT resulting from said breach. Alternatively, CITY may purchase the required insurance coverage, and without further notice to CONSULTANT, may deduct from sums due to CONSULTANT any premium costs advanced by CITY for such insurance. These remedies shall be in addition to any other remedies available to CITY.

ARTICLE 6 - NOTICES
All notices or other communications required or permitted hereunder shall be in writing, and shall be personally delivered or sent by facsimile or reputable overnight courier and shall be deemed received upon the earlier of: (1) if personally delivered, the date of delivery to the address of the person to receive such notice; (2) if delivered by Federal Express or other overnight courier for next business day delivery, the next business day; (3) if sent by facsimile, with the original sent on the same day by overnight courier, the date on which the facsimile is received, provided it is before 5:00 P.M. Pacific Time; or (4) if sent electronically, the date of delivery on the confirmed read receipt. Notice of change of address shall be given by written notice in the manner described in this Article 6. Rejection or other refusal to accept or the inability to deliver because of a change in address of which no notice was given shall be deemed

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to constitute receipt of the notice or communication sent. Unless changed in accordance herewith, the addresses for notices given pursuant to this Agreement shall be as follows:

If to CITY: Kevin Woodhouse, City Manager
170 Santa Maria Avenue
Pacifica, CA 94404
Phone: (650) 738-7409
Facsimile: (650) 359-6038
Email: [email protected]
If to CONSULTANT: Dawn Merkes, LEED AIA, Principal
Group 4 Architecture
211 Linden Avenue
South San Francisco, CA 94080
Phone: (650) 871-0703
Email: [email protected]
ARTICLE 7 - MISCELLANEOUS

7.1. Conflict of Interest Prohibition. CITY and CONSULTANT will comply with the requirements of the CITY’s Conflict of Interest Code adopted pursuant to California Government Code §87300 et seq., the Political Reform Act (California Government Code §81000 et seq.), the regulations promulgated by the Fair Political Practices Commission (Title 2, §18110 et seq. of the California Code of Regulations), California Government Code §1090 et seq., and any other ethics laws applicable to the performance of the Services and/or this Agreement. CONSULTANT may be required to file with the CITY Clerk a completed Form 700 before commencing performance of the Services unless the CITY Clerk determines that completion of a Form 700 is not required, pursuant to CITY’s Conflict of Interest Code. Form 700 forms are available from the CITY Clerk.

CONSULTANT may not perform Services for any other person or entity that, pursuant to any applicable law or regulation, would result in a conflict of interest or would otherwise be prohibited with respect to CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT agrees to cooperate fully with CITY and to provide any necessary and appropriate information requested by CITY or any authorized representative concerning potential conflicts of interest or prohibitions concerning CONSULTANT’s obligations pursuant to this Agreement.

CONSULTANT may not employ any CITY official, officer or employee in the performance of the Services, nor may any official, officer or employee of CITY have any financial interest in this Agreement that would violate California Government Code §1090 et seq. CONSULTANT hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of CITY. If CONSULTANT was an employee, agent, appointee, or official of CITY in the previous

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twelve months, CONSULTANT warrants that it did not participate in any manner in the forming of this Agreement. CONSULTANT understands that, if this Agreement is made in violation of Government Code §1090 et seq., the entire Agreement is void and CONSULTANT will not be entitled to any compensation for CONSULTANT’s performance of the Services, including reimbursement of expenses, and CONSULTANT will be required to reimburse CITY for any sums paid to CONSULTANT under this Agreement. CONSULTANT understands that, in addition to the foregoing, penalties for violating Government Code §1090 may include criminal prosecution and disqualification from holding public office in the State of California.

Any violation by CONSULTANT of the requirements of this provision will constitute a material breach of this Agreement, and the CITY reserves all its rights and remedies at law and equity concerning any such violations.

7.2. Subcontracting. CONSULTANT may subcontract portions of the Services upon the prior written approval of CITY. CONSULTANT will be solely responsible for payment of such subcontract Services. No contractual relationship will exist between any such subcontractors of CONSULTANT and CITY. CONSULTANT’s subcontractors agree to be bound to CONSULTANT and CITY in the same manner and to the same extent as CONSULTANT is bound to CITY under the Agreement. CONSULTANT’s subcontractors further agree to include the same requirements and provisions of this Agreement, including the indemnity and insurance requirements, with any subsubcontractor to the extent they apply to the scope of the sub-subcontractor’s work. A copy of the CITY indemnity and insurance provisions will be furnished to CONSULTANT’s subcontractors upon request.

7.3. Entire Agreement. This Agreement represents the entire understanding of CITY and CONSULTANT as to those matters contained herein. No prior oral or written understanding shall be of any force or effect with respect to those matters covered hereunder. This Agreement may only be modified by an amendment in writing signed by each party.

7.4. No Assignment. The Services are deemed unique and neither party shall assign, transfer, subcontract or otherwise substitute its interest in this Agreement or any of its obligations hereunder without the prior written consent of the other party. As limited by this Section

7.2, this Agreement is to be binding on the successors and assigns of the parties hereto.

7.5. Severability. If any part of this Agreement is determined to be unconstitutional, invalid or beyond the authority of either party, such decision shall not affect the validity of the remainder of this Agreement, which shall continue in full force and effect, provided that the remainder of this Agreement can be interpreted to give effect to the intentions of the parties.

7.6. Counterparts. This Agreement may be signed in counterparts and, when fully signed, such counterparts shall have the same effect as if signed in one document.

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Packet Pg. 530 Attachment: Attachment A: Master Agreement Master_Group4_CivicCenterConceptualDesign_EXECUTED [Revision 1] (5402 : Resolution - - 9 -
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7.7. Choice of Law. This Agreement and all matters relating to it shall be governed by the laws of the State of California without reference to its choice of laws principles and venue shall be in the appropriate court in San Mateo County, California.

7.8. Waiver. No failure on the part of either Party to exercise any right or remedy hereunder shall operate as a waiver of any other right or remedy that party may have hereunder. A waiver by either CITY or CONSULTANT of any breach of this Agreement shall not be binding upon the waiving party unless such waiver is in writing. In the event of a written waiver, such a waiver shall not affect the waiving party's rights with respect to any other further breach.

7.9. Mediation. In the event the parties are unable to resolve a dispute arising under this Agreement through good faith negotiations, the parties agree to submit the matter to mediation with a mutually agreeable mediator. Prior to the mediation, the parties shall exchange any documents reasonably necessary to resolve the matter to be mediated.

7.10. Attorney’s Fees. If any action at law or in equity, including an action for declaratory relief, is brought to enforce or interpret the provisions of this Agreement, the prevailing party shall be entitled to reasonable attorneys' fees, which may be set by the court in the same action or in a separate action brought for that purpose, in addition to any other relief to which that party may be entitled.

7.11. Interpretation. In the event this Agreement is ever construed in any dispute between the parties, it and each of its provisions shall be construed without regard to the party or parties responsible for its preparation and shall be deemed to have been prepared jointly by the parties. The rule of construction to the effect that ambiguities are to be resolved against the drafting party shall not be employed in interpreting this Agreement.

7.12. Authority. Each individual executing this Agreement on behalf of one of the parties represents that he or she is duly authorized to sign and deliver the Agreement on behalf of such party and that this Agreement is binding on such party in accordance with its terms.

7.13. Third Parties. Nothing contained in this Agreement shall create a contractual relationship with, or cause of action in favor of, a third party against either the CITY or CONSULTANT. CONSULTANT’s Services hereunder are being performed solely for the benefit of CITY. CITY shall be an express third-party beneficiary of all contracts between CONSULTANT and any subcontractors or subconsultants in connection with any services performed in connection with, or in furtherance of, this Agreement.

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Packet Pg. 531 Attachment: Attachment A: Master Agreement Master_Group4_CivicCenterConceptualDesign_EXECUTED [Revision 1] (5402 : Resolution - - 10 -
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IN WITNESS WHEREOF, the parties have executed this Agreement as of the date set forth above.

CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager

CONSULTANT
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING
By: Date
Dawn Merkes, LEED AIA, Principal
By: Date
Attest:

By: ___________________________
Sarah Coffey, City Clerk
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney

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Packet Pg. 532 Attachment: Attachment A: Master Agreement Master_Group4_CivicCenterConceptualDesign_EXECUTED [Revision 1] (5402 : Resolution -

EXHIBIT A

TASK ORDER

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Packet Pg. 533 Attachment: Attachment A: Master Agreement Master_Group4_CivicCenterConceptualDesign_EXECUTED [Revision 1] (5402 : Resolution -

TASK ORDER

CITY OF PACIFICA
AND
__________________________
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct _______________ to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and _______________ (“CONSULTANT”) hereto dated ________________ (“MASTER AGREEMENT”)
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.

SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed ____________________ ($____________) (“Cost Ceiling”).

SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by _________________ or as extended in writing by the City Manager.

SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.

Approved this _______ day of _____, _______.
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Packet Pg. 534 Attachment: Attachment A: Master Agreement Master_Group4_CivicCenterConceptualDesign_EXECUTED [Revision 1] (5402 : Resolution -

CITY OF PACIFICA
By: Date Kevin Woodhouse, City Manager
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney

CONSULTANT
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING
By: Date
Dawn Merkes, LEED AIA, Principal
By: Date

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Packet Pg. 535 Attachment: Attachment A: Master Agreement Master_Group4_CivicCenterConceptualDesign_EXECUTED [Revision 1] (5402 : Resolution -

ATTACHMENT
“A”

SCOPEOFSERVICES

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Packet Pg. 536 Attachment: Attachment A: Master Agreement Master_Group4_CivicCenterConceptualDesign_EXECUTED [Revision 1] (5402 : Resolution - ATTACHMENT “B”

COMPENSATION

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Packet Pg. 538 Attachment: Attachment A: Master Agreement Master_Group4_CivicCenterConceptualDesign_EXECUTED [Revision 1] (5402 : Resolution - 4894-2474-7117 v1

FIRST AMENDMENT TO MASTER AGREEMENT FOR CONSULTANT SERVICES This First Amendment to Master Agreement for Consultant Services (the "First Amendment") is made and entered into this 11TH day of JULY, 2023, by and between THE CITY OF PACIFICA, a municipal corporation (hereinafter referred to as "CITY") and GROUP 4 ARCHITECTURE, RESEARCH + PLANNING, a California corporation (hereinafter referred to as "CONSULTANT").

RECITALS
WHEREAS, on November 24, 2020, CITY and Consultant entered into that certain agreement entitled “Master Agreement for Consultant Services Agreement” (“Agreement”) to provide Architectural services with an effective date until December 31, 2021 (the Term); and WHEREAS, City and Consultant now desire to enter into this First Amendment to extend the Term of the Agreement.

AGREEMENT
NOW, THEREFORE, for the considerations hereinafter set forth, the parties hereby agree as follows:

1. Section 3.1 of the Agreement, “Effective Date” is hereby deleted and replaced in its entirety to read as follows:
“Effective Date. This agreement shall become effective upon execution of the second signature and shall remain in full force and effect until the Services are completed (the “Term”). CONSULTANT agrees to complete all services by June 30, 2024. Work authorized by a Task Order shall be performed in accordance with the schedule set forth in the Task Order.”
Except as specifically amended above, all other provisions and terms of the Agreement shall remain unchanged in full force and effect.

IN WITNESS WHEREOF, the parties have executed this First Amendment as of the date set forth above.

CITY OF PACIFICA
By: _______________________ Date
Kevin Woodhouse, City Manager
Attest:

By: _______________________ Date
Sarah Coffey, City Clerk
Approved As To Form:

CONSULTANT- GROUP 4
By: _______________________ Date
Jonathan Hartman, Principal
July 3, 2023

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Packet Pg. 539 Attachment: Attachment B: Amendment No. 1_Group 4 Architecture_Civic Center Facilities Project_20230711 (5402 : Resolution - Extend 4894
-2474-7117 v1
By: ______________________ Date _______
Michelle Marchetta Kenyon, City Attorney

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Packet Pg. 540 Attachment: Attachment B: Amendment No. 1_Group 4 Architecture_Civic Center Facilities Project_20230711 (5402 : Resolution - Extend TASK ORDER NO. 4

CITY OF PACIFICA
AND
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct CONSULTANT to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and GROUP 4 ARCHITECTURE, RESEARCH + PLANNING (“CONSULTANT”) hereto dated 24th of November, 2020 (“MASTER AGREEMENT”)
SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.

SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed One Hundred Eighty-Four Thousand Dollars ($184,000) (“Cost Ceiling”).

SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed within 4 months or as extended in writing by the City Manager.

SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.

Approved this 28th day of June 2023
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Packet Pg. 541 Attachment: Attachment C: Task Order No. 4_ Group 4_ 6-28-23 (002) (5402 : Resolution - Extend Master Agreement and Approve Task Order 4

CITY OF PACIFICA
By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney

CONSULTANT
GROUP 4 ARCHITECTURE, RESEARCH + PLANNING
By: Date
Jonathan Hartman, Architect LEED AP BD+C Principal
By: Date
June 30, 2023

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Packet Pg. 542 Attachment: Attachment C: Task Order No. 4_ Group 4_ 6-28-23 (002) (5402 : Resolution - Extend Master Agreement and Approve Task Order 4 ATTACHMENT “A”

SCOPE OF SERVICES

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Packet Pg. 543 Attachment: Attachment C: Task Order No. 4_ Group 4_ 6-28-23 (002) (5402 : Resolution - Extend Master Agreement and Approve Task Order 4 29 June 2023 ADD SERVICE REQUEST
Lisa Peterson CLIENT CONTR #:

City of Pacifica
151 Milagra Drive ADD SERVICE #: 2
Pacifica, CA 94044
BILLING TYPE: Lump Sum
PROJECT NAME: PROJECT #: GROUP 4 PHASE #:

Pacifica Civic Facilities 20550 3
SCOPE SUMMARY:

The current project schedule is anticipated to extend four months beyond the original completion date. Significant additional effort by Group 4 will be required through the end of construction to continue to support the project.

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Packet Pg. 544 Attachment: Attachment C: Task Order No. 4_ Group 4_ 6-28-23 (002) (5402 : Resolution - Extend Master Agreement and Approve Task Order 4 ATTACHMENT “B”

COMPENSATION

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Packet Pg. 545 Attachment: Attachment C: Task Order No. 4_ Group 4_ 6-28-23 (002) (5402 : Resolution - Extend Master Agreement and Approve Task Order 4

REIMBURSABLE
EXPENSES PROPOSAL DATED REIMB. ESTIMATE MARKUP R.E. MAXIMUM $0 $0 $0
The average number of Group 4 hours spent per month supporting the construction process over the last six months is approximately 249 hours per month. This level of effort is anticipated to conditinue until the project reaches substanstial completion. Multiple Group 4 staff members support this project each month. The blended billing rate for staff members working on this project, proportionate to the hours worked over the last six months, is $185 per hour.

In this proposal, Group 4 requests additional fees to support the construction of the Civic Center through this four month construction extension at 248.75 hours per month at a blended hourly billing rate of $185/hr.

COMPANY HOURS RATE DIRECT COST MARKUP EXTENSION
Group 4 995 $185 $184,075 $0 $184,075
$0 $0
DESIGN FEE SUB-TOTAL: $184,075
$0
$184,075
0 MAX. REIMBURSABLES SUB-TOTAL:

MAX. INCLUDING REIMB. EXPENSES:

June 29, 2023
Dawn Merkes Date
Principal in Charge
Lisa Peterson Date

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Packet Pg. 546 Attachment: Attachment C: Task Order No. 4_ Group 4_ 6-28-23 (002) (5402 : Resolution - Extend Master Agreement and Approve Task Order 4

CITY OF PACIFICA

COUNCIL AGENDA SUMMARY REPORT
7/10/2023
1 SUBJECT:

Esplanade Ave. and Palmetto Ave. Bicycle & Pedestrian Improvement Project – Task Order 2 – Fehr & Peers
RECOMMENDED ACTION:

Adopt a Resolution Authorizing Task Order 2 (Attachment 1) between the City of Pacifica and Fehr & Peers for design services for the Esplanade Ave. and Palmetto Ave. Bicycle & Pedestrian Improvement Project in the amount of $46,000 increasing the overall cost ceiling to an amount not to exceed $103,000.

STAFF CONTACT:

Roland Yip, P.E., DPW Deputy Director
(650) 738-3771
[email protected] <mailto:[email protected]>
Lisa Petersen, P.E., DPW Director
(650) 738-3770
[email protected]
BACKGROUND/DISCUSSION:

The Esplanade Ave. and Palmetto Ave. Bicycle & Pedestrian Improvement Project looks to install or update approximately two miles of bicycle facilities and improve two key intersections along Palmetto and Esplanade Avenue from Westline Drive to Paloma Avenue from the 2020 Bicycle & Pedestrian Master Plan. The project was submitted and selected for Transportation Development Act Article 3 grant funding in July 2022 and was programmed in the 2022-27 Capital Improvement Program. Staff further applied and was successful in additional funding to perform pavement resurfacing (slurry/cape seal with asphalt repairs) along the route through San Mateo County Transportation Authority Cycle 6 Bike-Ped Grant.

Staff has been working with Fehr & Peers under an on-call Transportation and Traffic Engineering agreement. An Amendment to Fehr & Peers Task Order 1 to increase the scope of work for additional pavement design services was approved by the City Council on January 9th, 2023 (Attachment 2 and 3).

San Mateo County Transportation Authority (SMCTA) provided comments as part of the requirements of the Cycle 6 Bike-Ped Grant. Additional scope is needed to include Class IIIB bicycle boulevard elements, a rectangular rapid flashing beacon, and re-design of curb ramps in order to address SMCTA’s comments. The design timeline is delayed addressing SMCTA’s design review comments to progress to 95% design. At this time, design is expected to be finished by Winter 2023 and construction in Summer 2024. The additional design scope is estimated at $46,000.

This additional work is not expected to increase the City’s match and therefore does not require any further budget at this time as current grant funding will cover this cost. It is therefore the City 10 Packet Pg. 547
Pacifica City Council 2
July 10, 2023
Manager’s recommendation to Adopt a Resolution Authorizing Task Order 2 (Attachment 1) between the City of Pacifica and Fehr & Peers for design services for the Esplanade Ave. and Palmetto Ave. Bicycle & Pedestrian Improvement Project in the amount of $46,000.

ALTERNATIVE ACTION:

Alternative Action would be to not adopt the resolution which would delay the project design and possibly jeopardizing the City from receiving the grant funding. Staff does not support this alternative action.

RELATION TO CITY COUNCIL GOALS AND WORK PLAN:

Stewardship of City Infrastructure: includes repairing/replacing outdated city facilities such as City Hall, the libraries, fire stations, etc., improving streets, and responding to impacts of sea level rise. Adopting the resolution will allow design of this bicycle and pedestrian improvement project to continue with additional road resurfacing added.

FISCAL IMPACT:

The following is the source and use of funds for the project:

Total Project Source and Use of Funds
TDA Article 3 $335,160
SMCTA Cycle 6 $568,504
City Funds $37,240
Total Source of Funds $940,904
Fehr & Peers Design Task Order 1 $39,500
Fehr & Peers Design Amendment 1 $17,500
Fehr & Peers Design Task Order 2 $46,000
Total Use of Funds $103,000
Remaining Balance for
Construction, Construction
Management, & Contingency
$837,904
ORIGINATED BY:

Public Works
ATTACHMENT LIST:

Attachment 1 Fehr & Peers TO 2 (PDF)
Attachment 2 Fehr & Peers Master Agreement (PDF)
Attachment 3 Fehr & Peers Amendment TO 1 (PDF)
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Pacifica City Council 3
July 10, 2023
RESOLUTION NO. __

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PACIFICA AUTHORIZING TASK ORDER NO. 2 WITH FEHR & PEERS FOR DESIGN SERVICES FOR DESIGN SERVICES FOR THE ESPLANADE AVE. AND PALMETTO AVE. BICYCLE & PEDESTRIAN IMPROVEMENT PROJECT IN THE AMOUNT OF $46,000 TO INCREASE THE COST CEILING TO AN AMOUNT NOT TO EXCEED $103,000.

WHEREAS, consistent with the City of Pacifica’s Purchasing Policy (Administrative Policy No. 76), the City of Pacifica entered into an agreement with Fehr & Peers for consulting services under the City Council’s purchasing authority in October 2022; and WHEREAS, the level of effort required to complete the design for the Esplanade & Palmetto Bicycle & Pedestrian Improvement Project exceeded the original scope used to establish the original agreement amount for the design work; and NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Pacifica to authorize the City Manager to amend the task order with Fehr & Peers for the purpose of increasing the cost ceiling to an amount not to exceed $103,000. • • • • •
PASSED AND ADOPTED at a regular meeting of the City Council of the City of Pacifica, California, held on the 10th day of July, 2023, by the following vote:

AYES, Councilmembers:

NOES, Councilmembers:

ABSENT, Councilmembers:

CITY OF PACIFICA
AND

FEHR & PEERS
SECTION 1 – PURPOSE
The purpose of this Task Order is to authorize and direct Fehr & Peers to proceed with the work specified in SECTION 2 below, in accordance with the provisions of the Master Agreement for Consultant Services between the City of Pacifica (“CITY”) and Fehr & Peers (“CONSULTANT”) hereto dated October 11, 2022 (“MASTER AGREEMENT”) SECTION 2 – SCOPE OF WORK
The items authorized by this Task Order are presented in Attachment “A” – Scope of Services, which is attached hereto and incorporated by this reference.

SECTION 3 – COMPENSATION AND PAYMENT
Compensation shall be as provided in the MASTER AGREEMENT. Compensation for services as set forth in SECTION 2 shall be as set forth in Attachment “B” – Compensation, which is attached hereto and incorporated by this reference. Total compensation for all services provided under this Task Order shall not exceed forty-six thousand dollars ($46,000) (“Cost Ceiling”).

SECTION 4 – TIME OF PERFORMANCE
The services described in SECTION 2 of this Task Order shall be completed by May of 2025 or as extended in writing by the City Manager.

SECTION 5 – ITEMS AND CONDITIONS
All terms and conditions contained in the MASTER AGREEMENT are incorporated by reference and remain in full force and effect.

Approved this _______ day of _____, _______.
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CITY OF PACIFICA
ATTACHMENT 1

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Packet Pg. 550 Attachment: Attachment 1 Fehr & Peers TO 2 (5399 : Esplanade and Palmetto Bicycle & Pedestrian Improvement – Task Order 2 – Fehr & Pe) By: Date
Kevin Woodhouse, City Manager
Approved As To Form
By:

Michelle Marchetta Kenyon, City Attorney

CONSULTANT
Fehr & Peers
By: Date
By: Date

June 21, 2023 June 21, 2023
, Project Manager , Principal in Charge

Pacifica City CouncilJuly 10, 2023

Pacifica City Council
July 10, 2023