Palo Alto City Council
January 12, 2026

Item 4
Attachment B - Limited Hourly Salary
Schedule 2025 - 2028

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Job Code FLSA Job Title Step
3% Increase
Effective
01/24/2026
3% Increase
Effective
07/11/2026
3% Increase
Effective
07/10/2027
1 26.03$ 26.81$ 27.62$
2 27.40$ 28.22$ 29.07$
937 Non-exempt Print Shop Assistant 3 28.84$ 29.71$ 30.60$ 4 30.36$ 31.27$ 32.21$
5 31.96$ 32.92$ 33.91$
1 37.64$ 38.77$ 39.94$
2 39.62$ 40.81$ 42.04$
938 Non-exempt Project Construction Inspector 3 41.71$ 42.96$ 44.25$ 4 43.90$ 45.22$ 46.58$
5 46.21$ 47.60$ 49.03$
1 28.76$ 29.61$ 30.51$
2 30.27$ 31.17$ 32.12$
939 Non-exempt Project Specialist 3 31.86$ 32.81$ 33.81$ 4 33.54$ 34.54$ 35.59$
5 35.30$ 36.36$ 37.46$
1 19.70$ 20.30$ 20.91$
2 20.74$ 21.37$ 22.01$
941 Non-exempt Recreation Leader I 3 21.83$ 22.49$ 23.17$ 4 22.98$ 23.67$ 24.39$
5 24.19$ 24.92$ 25.67$
1 21.84$ 22.50$ 23.18$
2 22.99$ 23.68$ 24.40$
942 Non-exempt Recreation Leader II 3 24.20$ 24.93$ 25.68$ 4 25.47$ 26.24$ 27.03$
5 26.81$ 27.62$ 28.45$
1 24.20$ 24.93$ 25.67$
2 25.47$ 26.24$ 27.02$
943 Non-exempt Recreation Leader III 3 26.81$ 27.62$ 28.44$ 4 28.22$ 29.07$ 29.94$
5 29.70$ 30.60$ 31.52$

Item 4
Attachment B - Limited Hourly Salary
Schedule 2025 - 2028

Item 4: Staff Report
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49 Packet Pg. 117 of 469

Job Code FLSA Job Title Step
3% Increase
Effective
01/24/2026
3% Increase
Effective
07/11/2026
3% Increase
Effective
07/10/2027
1 21.12$ 21.76$ 22.41$
2 22.23$ 22.90$ 23.59$
948 Non-exempt Stock Clerk 3 23.40$ 24.10$ 24.83$ 4 24.63$ 25.37$ 26.14$
5 25.93$ 26.71$ 27.52$
1 23.29$ 24.00$ 24.72$
2 24.52$ 25.26$ 26.02$
950 Non-exempt Technical Specialist 3 25.81$ 26.59$ 27.39$ 4 27.17$ 27.99$ 28.83$
5 28.60$ 29.46$ 30.35$
1 20.76$ 21.38$ 22.03$
2 21.85$ 22.51$ 23.19$
962 Non-exempt Technician I 3 23.00$ 23.69$ 24.41$ 4 24.21$ 24.94$ 25.69$
5 25.48$ 26.25$ 27.04$
1 29.17$ 30.06$ 30.96$
2 30.70$ 31.64$ 32.59$
955 Non-exempt Zoological Assistant 3 32.32$ 33.30$ 34.30$ 4 34.02$ 35.05$ 36.10$
5 35.81$ 36.89$ 38.00$
Job Code FLSA Job Title
Min Max Min Max Min Max Min Max
TBD Non-Exempt General Laborer 18.70$ 74.51$ 19.08$ 76.75$ 19.66$ 79.06$ 20.25$ 81.44$ TBD Non-Exempt lnspector 18.70$ 74.51$ 19.08$ 76.75$ 19.66$ 79.06$ 20.25$ 81.44$ TBD Non-Exempt Journey Level Laborer 18.70$ 74.51$ 19.08$ 76.75$ 19.66$ 79.06$ 20.25$ 81.44$ 972 Non-Exempt Management Specialist 18.70$ 200.00$ 19.08$ 206.00$ 19.66$ 212.18$ 20.25$ 218.55$ 976 Non-Exempt Staff Specialist 18.70$ 74.51$ 19.08$ 76.75$ 19.66$ 79.06$ 20.25$ 81.44$ In the event of a minimum wage increase that exceeds the City's rates, the salary schedule will be adjusted as appropriate. 3% Increase
Effective 01/24/2026
Minimum Wage
Increase
Effective 01/01/2026
3% Increase
Effective 07/11/2026
3% Increase
Effective 07/10/2027

Item 4
Attachment B - Limited Hourly Salary
Schedule 2025 - 2028

Item 4: Staff Report
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CITY OF PALO ALTO AND SEIU LOCAL 521-HOURLY UNIT
July 1, 2025 – December 31, 2027

`
Memorandum of Agreement
City of Palo Alto and
Service Employees International Unit
(SEIU) Local 521

Hourly Employee Unit

July 1, 2025 – December 31, 2027

Item 4
Attachment C - SEIU Hourly
MOA 2025 - 2027

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CITY OF PALO ALTO AND SEIU LOCAL 521-HOURLY UNIT
July 1, 2025 – December 31, 2027

CONTENTS
PREAMBLE ................................................................................................................................... 5 ARTICLE I – RECOGNITION ...................................................................................................... 5 Section 1...................................................................................................................................... 5 Section 2. No Discrimination. ..................................................................................................... 6 ARTICLE II - UNION SECURITY ............................................................................................... 6 Section 1. Notice. ....................................................................................................................... 6 Section 2. Documentation. .......................................................................................................... 6 Section 3. Payroll Deduction. ..................................................................................................... 7 Section 4. Bulletin Boards and Departmental Mail. ................................................................... 7 Section 5. Access to Union Representatives. ............................................................................. 8 Section 6. Meeting Places. ......................................................................................................... 8 Section 7. Notification to the Union. .......................................................................................... 8 Section 8. Union Logo. ............................................................................................................... 8 Section 9. City Council Materials. .............................................................................................. 8 Section 10. Temporary Agency Reporting ................................................................................. 8 Section 11. Job Postings. ............................................................................................................ 8 Section 12. Contracting Out. ....................................................................................................... 8 Section 13. New Employee Procedure/Process. ......................................................................... 9 ARTICLE III. – STEWARDS ...................................................................................................... 10 Section 1. Designation. ............................................................................................................ 10 Section 2. Release Time. .......................................................................................................... 10 Section 3. Advance Notification and Approval. ...................................................................... 10 Section 4. Timecard Reporting. ................................................................................................ 10 Section 5. Storage of Union materials. .................................................................................... 10 Section 6. Labor/Management Meetings. ................................................................................ 11 ARTICLE IV. - REDUCTION IN FORCE .................................................................................. 11 Section 1.................................................................................................................................... 11 Section 2. Notice ...................................................................................................................... 11 Section 3. Seniority and Service Ties. ...................................................................................... 11 Section 4. Bumping Rights. ...................................................................................................... 11 Section 5. Re-Employment List. ............................................................................................... 12 Item 4
Attachment C - SEIU Hourly
MOA 2025 - 2027

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CITY OF PALO ALTO AND SEIU LOCAL 521-HOURLY UNIT
July 1, 2025 – December 31, 2027

Section 6. Reinstatement. .......................................................................................................... 13 Section 7.................................................................................................................................... 13 ARTICLE V. - PERSONNEL ACTIONS .................................................................................... 13 Section 1. Probationary Period. ............................................................................................... 13 Section 2. Personnel Evaluations. ............................................................................................ 13 Section 3. Personnel Files. ....................................................................................................... 13 Section 4. Release of Information. ........................................................................................... 14 Section 5. Full Time Opportunities. ......................................................................................... 14 Section 6. Equitable Rotation. .................................................................................................. 14 Section 7. Internal Eligibility. .................................................................................................. 14 ARTICLE VI - PAY ..................................................................................................................... 14 Section 1. Wages. ..................................................................................................................... 14 Section 2. Step Increases.......................................................................................................... 15 Section 3. Working Out of Classification. ............................................................................... 15 Section 4. Direct Deposit. ......................................................................................................... 15 ARTICLE VII - HOURS OF WORK, OVERTIME .................................................................... 16 Section 1. Work Week and Work Day. .................................................................................... 16 Section 2. Overtime Work. ....................................................................................................... 16 Section 3. Work Shifts. ............................................................................................................. 16 Section 4. Lunch and Break Periods. ........................................................................................ 16 Section 5. Clean-Up Time. ........................................................................................................ 16 Section 6. Call-Out Pay............................................................................................................. 16 ARTICLE VIII – UNIFORMS ..................................................................................................... 17 ARTICLE IX- HOLIDAYS ......................................................................................................... 17 Section 1. Fixed Holidays: ....................................................................................................... 17 ARTICLE X- LEAVES ................................................................................................................ 18 Section 1. Sick Leave and Personal Business Leave ................................................................ 18 Section 2. Floating Holiday ...................................................................................................... 19 Section 3. Jury Duty .................................................................................................................. 19 ARTICLE XI - VOTING TIME ................................................................................................... 19 ARTICLE XII -WORKERS COMPENSATION ......................................................................... 19 Industrial Temporary Disability ................................................................................................ 19 ARTICLE XIII - BENEFIT PROGRAMS ................................................................................... 20 Section 1. Medical Insurance Plan. .......................................................................................... 20 Item 4
Attachment C - SEIU Hourly
MOA 2025 - 2027

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CITY OF PALO ALTO AND SEIU LOCAL 521-HOURLY UNIT
July 1, 2025 – December 31, 2027

ARTICLE XIV - RETIREMENT ................................................................................................. 20 Section 1. Part-time, Seasonal, Temporary (PST) Retirement Plan. ........................................ 20 Section 2. California Public Employees’ Retirement System (“PERS”). ................................ 21 Section 3. Retirement Contributions. ........................................................................................ 21 ARTICLE XV PARKING ........................................................................................................... 21 ARTICLE XVI PHYSICAL EXAMINATIONS ......................................................................... 22 ARTICLE XVII - SAFETY .......................................................................................................... 22 Section 1. Health and Safety Provisions. .................................................................................. 22 Section 2.................................................................................................................................... 22 Section 3. Safety Committee..................................................................................................... 22 ARTICLE XVIII - GRIEVANCE PROCEDURE ........................................................................ 23 Section 1.................................................................................................................................... 23 Section 2. Definition. ................................................................................................................ 23 Section 3. Conduct of Grievance Procedure. ........................................................................... 23 Section 4. Grievance Procedure. ............................................................................................... 25

ARTICLE XIX - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION ....................................................................................................................................... 27 Section 1.................................................................................................................................... 27 Section 2.................................................................................................................................... 27 Section 3. Preliminary Notice of Discipline ............................................................................. 27 Section 4. Skelly Meeting. ....................................................................................................... 28 ARTICLE XX – NO ABROGATION OF RIGHTS .................................................................... 28 ARTICLE XXI – OUTSIDE EMPLOYMENT ............................................................................ 28 ARTICLE XXII PROMOTIONAL/CONVERSION OPPORTUNITES ..................................... 28 ARTICLE XXIII – PROVISIONS OF THE LAW ...................................................................... 29 Section 1.................................................................................................................................... 29 Section 2.................................................................................................................................... 29 ARTICLE XXIV – COST REDUCTION PROGRAMS ............................................................. 29 ARTICLE XXV – TERM ............................................................................................................. 29 EXECUTED: ................................................................................................................................ 30 Appendix A - Job Classifications for SEIU Hourly Unit Personnel ............................................. 31 Appendix B - Salary Schedule ...................................................................................................... 42 Appendix C - Public Agency Retirement System (P.A.R.S.) Plan ............................................... 43

Item 4
Attachment C - SEIU Hourly
MOA 2025 - 2027

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CITY OF PALO ALTO AND SEIU LOCAL 521-HOURLY UNIT
July 1, 2025 – December 31, 2027

MEMORANDUM OF AGREEMENT

City of Palo Alto and Local 521, SEIU

HOURLY UNIT

PREAMBLE

This Memorandum of Agreement is entered into by the City of Palo Alto (hereinafter referred to as the City) and Local 521 Service Employees International Union (hereinafter referred to as the Union). Employee, for the purposes of this Memorandum of Agreement, shall mean an employee assigned to a classification within the SEIU Hourly unit. This Memorandum of Agreement is pursuant and subject to Sections 3500 et, seq. of the Government Code of the State of California and Chapter 12 of the City of Palo Alto Merit Rules and Regulations.

ARTICLE I – RECOGNITION

Section 1. Pursuant to Sections 3500 et. seq. of the Government Code of the State of California and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations, the City recognizes the Union as the exclusive representative of a representation unit consisting of hourly employees who are regularly scheduled and who work a minimum of four hundred sixteen (416) hours per fiscal year. This does include PERS exempt employees. This does not include on call employees without regular schedules and who are hired to work occasionally for special projects. This does not include employees employed primarily to work seasonal or recreational programs and who may work intermittently outside their recreational season.

This unit shall for purposes of identification be titled the SEIU Hourly Unit, and includes employees in the classifications listed in Appendix A attached.

The City shall notify the Union in writing of the development of a new hourly classification and upon request will meet and confer regarding inclusion of the classification in the SEIU Hourly Unit.

The parties agree that hourly employees are considered to be in the bargaining unit while that employee is employed by the City of Palo Alto, when they work (including all paid hours) 416 hours or more within a fiscal year.

Any Limited Hourly employee that accumulates 416 hours worked or more within a fiscal year, shall be converted to the SEIU 521 Hourly Unit by the City of Palo Alto.

Item 4
Attachment C - SEIU Hourly
MOA 2025 - 2027

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CITY OF PALO ALTO AND SEIU LOCAL 521-HOURLY UNIT
July 1, 2025 – December 31, 2027

Upon conversion of an eligible hourly employee from the Limited Hourly status to the SEIU 521 Hourly Unit status, all wages and benefits due the employee will be paid and provided to the employee. All current and retroactive wages and/or benefits shall be back dated to their eligibility date of their status and recognition, as a SEIU 521 Hourly Unit employee.

Section 2. No Discrimination. The City and Union agree that no person employed by or applying for employment hereto shall be discriminated against because of race, religion, creed, political affiliation, color, national origin, ancestry, union activity, age, disability, sexual orient ation, or gender.

The City and the Union agree to protect the rights of all employees to exercise their free choice to join the Union and to abide by the express provisions of applicable State and local laws.

ARTICLE II - UNION SECURITY

Section 1. Notice. When a person is hired in a job covered in Article I, the City shall notify that person that the Union is the recognized bargaining representative for the employee and give the employee a current copy of the Memorandum of Agreement.

When a group employee orientation is held for new employees of the bargaining unit, a Union Representative may make a presentation to such bargaining unit employees for the purpose of explaining matters of representation. New employees shall be required to attend orientation.

The Director of Human Resources may make an exception if extraordinary circumstances interfere with the employee’s ability to attend. If the Director grants an exception, the employee and Union shall be granted a thirty (30) minute p resentation at the employee’s report location for union orientation.

During the term of this agreement the City and the Union agree to explore ways in which Union access to new members can be improved.

Section 2. Documentation. The City shall supply the Union with the information described under subsections (a) and (b) of this Section:

(a) The City will provide SEIU, when available, with the name, job title, department, work location, work, home, personal cellular telephone number, personal email address, and home address of any new employee within 30 days of hire or by the first pay period of the month following hire.

(b) The City will provide SEIU with the list, enumerated above, of all information for all employees in the bargaining unit at least every 120 days unless more frequent.

Item 4
Attachment C - SEIU Hourly
MOA 2025 - 2027

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CITY OF PALO ALTO AND SEIU LOCAL 521-HOURLY UNIT
July 1, 2025 – December 31, 2027

(c) The City shall supply the Union with the documentation required by California Assembly Bill 119.

(d) The Union shall supply the City, and as applicable, the employees, with the documentation required by Government Code Section 3502.5(f).

Section 3. Payroll Deduction.

(a) The City shall deduct Union membership dues, and any other mutually agreed upon payroll deduction, which may include voluntary COPE (Committee On Political Education) at the check -off area , from the bi- weekly pay of bargaining unit employees.

The Union will be the custodian of records for individual employee membership and dues deduction forms. The Union will maintain all authorizations for dues deductions signed by the individual from whose salary or wages the deduction or reduction is to be made. The City will direct employee requests to cancel or change deductions to the Union. Deductions may be revoked only pursuant to the terms of the employee’s written authorization. The City shall remit the deducted dues to the Union as soon as possible after deduction.

(b) Indemnification, Defense and Hold Harmless: Union agrees to indemnify and hold harmless the City and all officials, employees, and agents acting on its behalf, from any and all claims, actions, damages, costs, or expenses including all attorney’s fees and costs of defense in actions against the City, its officials, employees or agents as a result of actions taken or not taken by the City pursuant to this article.

Section 4. Bulletin Boards and Departmental Mail. The Union shall have access to inter -office mail, existing bulletin boards in unit employee work areas, and the existing Union-paid telephone answering device for the purpose of posting, transmitting, or distributing notice or announcements including notices of soci al events, recreational events, Union membership meetings, results of elections and reports of minutes of Union meetings. Any other material must have prior approval of the Human Resources Offic e. Action on approval will be taken within 24 hours of submission.

The Union may send email messages only for the purposes set forth above. The IT Department will maintain the SEIU list and keep it current. The Union access to email is based on the following conditions: 1) emails to the SEIU list will be copied to the H uman Res ource Director at distribution, 2) emails to the SEIU list will only be sent by the SEIU Chapter Chair, Vice Chair, Chief Steward(s) or Secretary, 3) a maximum of 52 emails may be sent per year and a maximum of 12 emails may be sent per year by the SEIU Chapter Secretary.

Item 4
Attachment C - SEIU Hourly
MOA 2025 - 2027

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CITY OF PALO ALTO AND SEIU LOCAL 521-HOURLY UNIT
July 1, 2025 – December 31, 2027

Section 5. Access to Union Representatives. Representatives of the Union are authorized access to City work locations for the purpose of conducting business within the scope of representation, provided that no disruption of work is involved and the business transacted is other than recruiting of members or collecting of dues, and the Representative must notify the Human Resources Department Office prior to entering the work location.

Section 6. Meeting Places. The Union shall have the right to reserve City meeting and conference rooms for use during lunch periods or other non- working hours. Such meeting places will be made available in conformity with City's regulations and subject to the limitations of prior commitment.

Section 7. Notification to the Union. The Union shall be informed in advance in writing by Management before any proposed changes not covered by this Memorandum of Agreement are made in benefits, working conditions, or other terms and conditions of employment which require meet and confer or meet and consult process.

Section 8. Union Logo. All materials and documents produced on Itek and metal plates, by the City print and reproduction shop, shall carry the Union label on the inside of covers or title pages in accordance with customary printing trades practices.

Section 9. City Council Materials. The City shall make available to the Union in a timely manner copies of all City Council meeting agendas, minutes and schedule of meetings. These materials may be picked up at the City Clerk's Office during business hours.

Section 10. Temporary Agency Reporting. Upon request, the City shall provide the Union reports by department on the use of agency temporaries filling representation unit vacant positions, or doing work similar to that of representation unit classifications.

Section 11. Job Postings. Job postings for classification positions covered by this Agreement shall include a statement that the position is covered by this Collective Bargaining Agreement and that union dues may be required.

Section 12. Contracting Out. The City through the labor management process will keep the Union advised of the status of the budget process, including any formal budget proposal involving the contracting out of SEIU bargaining unit work traditionally performed by bargaining unit members at least thirty (30) days prior to the release of the City Manager’s proposed budget.

The City will notify the Union in writing at least ninety (90) days prior to contracting work which has been traditionally performed by bargaining unit members, where such contracting will result in layoff or permanent reduction in hours. Within the ninety (90) day period of contracting out, both parties may offer alternatives to contracting out and meet and confer on the impact of such contracting out of a bargaining unit employee work.

Item 4
Attachment C - SEIU Hourly
MOA 2025 - 2027

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CITY OF PALO ALTO AND SEIU LOCAL 521-HOURLY UNIT
July 1, 2025 – December 31, 2027

The City will collaborate with the Union regarding the potential result of a layoff of bargaining unit members. The City will provide all available job opportunities within the City of Palo Alto and/or the contracting out agency or entity to the Union. The Union will communicate with impacted bargaining unit members with regards to any interest a member may have in securing another job position, in lieu of a layoff, whenever possible.

The City will notify the Union in writing when contracting out work which has been traditionally performed by bargaining unit workers, where such contracting out is expected to replace a laid off bargaining unit position that has been eliminated within ninety (90) days prior to the date of the planned contract work. When feasible, the City will provide such notice prior to the beginning date of the planned contract work. The City will meet with the Union upon request to discuss alternatives. This provision does not apply to the filling of temporary vacancies of twelve (12) months or less duration.

The City will provide the Union with a biannual list by department of all contract workers or vendors who are contracted by the City who perform work for the City. The City will make a reasonable effort to identify the names of the vendors on the list and the nature of the work provided by each vendor.

Section 13. New Employee Procedure/Process.

New employees hired and assigned to classifications covered by the SEIU Unit shall be advised by the City that Local 521, Service Employees International Union, is the recognized bargaining representative in said unit. The City agrees to distribute to all new employees in the SEIU Unit a reasonable amount of materials provided by the Union at its expense.

The City will provide the Union written notice in accordance with California Assembly Bill 119, a list of employees attending the City’s new employee orientation that includes each employee’s identification number, name, job classification, department, work location (title and address), work phone number (if available in the payroll system), work email address (if available in the payroll system), hire date, and, subject to the individual employee’s consent, the employee’s home address, personal mobile number, home phone number, and personal home email address.

A representative(s) of the Union shall be permitted to make a thirty (30) minute presentation and present written materials during a portion of the orientation for which attendance is mandatory. No representative(s) of management shall be present. One steward or chapter officer shall be granted release time for this purpose.

Item 4
Attachment C - SEIU Hourly
MOA 2025 - 2027

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CITY OF PALO ALTO AND SEIU LOCAL 521-HOURLY UNIT
July 1, 2025 – December 31, 2027

ARTICLE III. – STEWARDS

Section 1. Designation. The Union agrees to notify the Director of Human Resources of those individuals designated as Union officers and Stewards who receive and investigate grievances and represent employees before Management. Alternates may be designated to perform Steward functions during the absences or unavailability of the Steward.

Section 2. Release Time. It is agreed that, as long as there is prior notice to the Supervisor with no disruption of work, one (1) Steward shall be allowed reasonable release time away from their work duties, without loss of pay, to act in representing a unit employee or employe es on grievances or matters within the scope of representation, including:

(a) A meeting of the Steward and an employee, or employees of that unit related to a grievance.

(b) A meeting with Management.

(c) Investigation and preparation of grievances.

Grievances may be transmitted on City time.

All Steward release time shall be reported on timecards using Internal Order 80005 or its successor and a short -text notation describing the nature of the release time (e.g. “Steward release time”, “bargaining release time”, “Labor-Management Committee release time”, etc.).

Section 3. Advance Notification and Approval. The Union agrees that the Steward shall give advance notification to their supervisor and receive permission before leaving the work location, except in those cases involving emergencies where advance notice cannot be given.

Management permission to leave the worksite under this section shall not be unreasonably denied.

Section 4. Timecard Reporting. One Union Steward per affected Department, who is a City employee, shall be allowed a reasonable amount of release time off for purposes of meeting and conferring or meeting and consulting on matters within the scope of representation. All such time will be reported on timecards using Internal Order 80005 or its successor and a short -text notation describing the nature of the release time (e.g. “Steward release time”, “bargaining release time”, “Labor-Management Committee release time”, etc.).

Section 5. Storage of Union materials. Union Stewards may utilize space in assigned desks for storage of Union materials. In the event Stewards are not assigned desks the City will provide locker or other mutually agreeable space for storage of Union materials.

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Attachment C - SEIU Hourly
MOA 2025 - 2027

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CITY OF PALO ALTO AND SEIU LOCAL 521-HOURLY UNIT
July 1, 2025 – December 31, 2027

Section 6. Labor/Management Meetings. Two Hourly Unit employees from different divisions shall be allowed a reasonable amount of release time off to participate in monthly Labor/ Management Meetings. Such meetings may be included with the Classified Unit’s Labor/Management meetings if appropriate. Such time shall be reported using Internal Order 80005 or its successor and a short -text notation describing the nature of the release time (e.g. “Labor-Management Committee release time”, etc.).

ARTICLE IV. - REDUCTION IN FORCE

For the purposes of this Section, length of service shall be defined as all straight time hours worked by that employee for the City of Palo Alto.

Section 1. In the event of reductions in force, reductions shall be accomplished whenever possible through attrition.

Section 2. Notice. When the City determines that layoffs are imminent resulting from reduction in force within the representation unit, the City will give the Union such advance notice as is reasonable under the circumstances. The notice will indicate the departments and divisions which will be affected and the circumstances requiring the layoffs. The City will furnish the Union with a current representation unit seniority list with notice of layoff.

Section 3. Seniority and Service Ties. If the work force is reduced within a department, division, or office for reasons of change in duties or organization, abolition of position, shortage of work or funds, or completion of work, employees with the shortest length of service will be laid off first so long as employees retained are fully qualified, trained, and capable of performing remaining work. Length of service for the purpose of this article will be based on current service hire date of record in an hourly classification with no adjustment for leaves of absence. Length of service ties will be determined by lot.

Employees laid off due to the above reasons will be given written notice at least thirty (30) days prior to the reduction in force. A copy of such notice will be given to the Union. Such employees shall be offered priority employment rights to hourly posit ions which are requisitioned and for which the employees are qualified for a period beginning with notification and ending sixty (60) days following the reduction in force. Employees transferred or reclassified under this section will be assigned to the step in the new classification salary range closest to the employee's salary range at the time of reclassification.

Employees laid off pursuant to this section shall receive the balance of all regular City compensation owed at termination within 72 hours of the date of termination. This does not include any amounts payable as PERS contribution refunds, if any.

Section 4. Bumping Rights. Employees identified for layoff who have seniority (bumping) rights to their current or previously held classification within the representation unit must declare their Item 4
Attachment C - SEIU Hourly
MOA 2025 - 2027

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CITY OF PALO ALTO AND SEIU LOCAL 521-HOURLY UNIT
July 1, 2025 – December 31, 2027

intention to exercise these rights within seven (7) regularly scheduled working days after written notification of layoff, otherwise bumping rights will automatically terminate. Bumping may occur within the representation unit, only to the least senior incumbent of the current or a previously held classification. To successfully bump, the employee must be qualified, and capable of performing all work in the position bumped. An employee who declares bumping rights may not also claim priority re-employment rights. For purposes of this section of the Agreement, the term "working days" shall mean Mondays through Fridays, exclusive of holidays.

When employees declare their intention to exercise their seniority (bumping) rights, the City will provide the Union with a current list of the least senior incumbents to their current or previously held classification, within five (5) working days from th e date employees exercise their seniority (bumping) rights, with the mutual goal to offset a potential lay-off of the impacted employee(s).

Employees who are in jeopardy of being laid off and have waived their right to bump or when there are no positions that exist within the current or previously held classification for the employees to exercise their right to bump, employees will have priority hiring rights for any vacant budgeted positions within the City. For the purposes of this section, priority hir ing is defined as sole consideration by the hiring manager for any position where the employee meets the minimum qualification or through a c ombination of knowledge and experience can be reasonably assumed to meet the minimum qualifications. No other internal or external candidates will be considered until a final determination has been made by the hiring manager in regard to the priority hire. If more than one (1) employee in jeopardy of being laid off exercises their priority hiring status, then all employees with priority hiring status will be considered simultaneously. This section shall not constitute any guarantees to appointment of pos itions or expansion of bumping rights.

When employees exercise their priority hiring status rights, the City will provide the Union with a current list of all vacant budgeted positions at the City within five (5) working days from the date the employees exercise their priority hire status, with the mutual goal to offset a potential lay-off of the impacted employee(s).

When an employee secures a position with the City through the priority hire process, all reasonable measures will be taken to ensure and support a successful transition into their new position.

Section 5. Re-Employment List. The names of persons laid-off or who through bumping changed classification in accordance with the provisions of this Article shall be entered upon a re - employment list in seniority order. The person with the highest seniority on a division re - employment list for a particular classification when a vacancy exists in that classification in that division shall be offered the appointment. Names shall be carried on a re -employment list for a period of one (1) year from the date of separation from City services or change of classification through bumping. Upon re-employment within the one-year period, the employee's hire date of record at the time of layoff will be reinstated.

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Attachment C - SEIU Hourly
MOA 2025 - 2027

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Section 6. Reinstatement. Employees laid off pursuant to Section 2 who are reinstated to regular position within sixty days shall retain the sick leave balance they had at the time of layoff.

Section 7. No representation unit employee will be laid off or remain on a re -employment list when intermittent hourly and seasonal hourly employees are performing substantially all the duties of the classification of the hourly employee receiving a layoff notice or on a re-employment list.

ARTICLE V. - PERSONNEL ACTIONS

Section 1. Probationary Period. Each new employee shall serve a probationary period of twelve (12) months of continuous employment calculated from the employee’s date of hire in a covered classification and excluding all periods of leave and light duty assignments. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the effective adjustment of a new employee to their position, and for rejecting any probationary employee whose performance does not meet the acceptable standards of work. At least one written performance appraisal will be given to each probationary employee on or before expiration of the probationary period. Normally, this appraisal will be given at the end of six months.

In the event of termination prior to successful completion of the probationary period, such terminated employee shall be given written notice of their termination with the reasons for the termination stated therein. The Human Resources Department shall, upon request, afford an interview in a timely fashion to the terminated employee for discussion of the reasons for termination. The employee may, upon request, be accompanied by a Union Representative. The interview shall not be deemed a hearing nor shall it obligate the City to reconsider or alter the termination action.

The parties agree that probationary employees shall have all rights under this Memorandum of Agreement, including full and complete access to the grievance procedure, save and except for instances of suspension, demotion or termination.

Section 2. Personnel Evaluations. Personnel evaluations will be given to employees as scheduled by Management. Personnel evaluations are not appealable subject to appeal through the grievance procedure but, in the event of disagreement over content, the employee may request a review of the evaluation with the next higher level of Management, in consultation with the Human Resources Department. For purposes of this review, the employee may be represented by the Union. Decisions regarding evaluation review shall be made in writing within ten (10) working days following the review meeting.

Section 3. Personnel Files. Records of all disciplinary actions shall be kept in the central personnel file. Employees shall be entitled to sign and date all action forms in their personnel files.

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Employees are entitled to review their personnel files upon written request or to authorize, in writing, review by their Union Representatives. An employee or the Union shall be allowed, upon reasonable request, copies of materials in an employee's personnel file relating to a grievance.

Section 4. Release of Information. The City will only release information to creditors or other persons upon prior identification of the inquirer and acceptable reasons for the inquiry.

Information then given from personnel files is limited to verification of employment, length of employment and verification and disclosure of salary range information. Release of more specific information may be authorized by the employee in writing.

Section 5. Full Time Opportunities. Full time job opportunities for classifications within the Hourly unit and the Classified unit will be posted for at least one (1) week prior to selection.

Outside recruitment may be used for full time openings and may begin at the time of posting, or any time thereafter.

Section 6. Equitable Rotation. In assigning employees to regular schedules or special assignments, transfer, standby, overtime, or time off selection, ability to perform the work, length of service and/or equitable rotation shall determine the assignments.

Section 7. Internal Eligibility. Non-probationary employees in the Hourly Unit are eligible to apply for any posted SEIU Classified Unit promotional employment opportunity. Such participation shall be on the same basis and on the same terms as applies to internal Classified Unit applicants, except as provided otherwise by the terms of the applicable City -SEIU Classified Unit MOA or other applicable agreement between the City and the SEIU Classified Unit. Unless otherwise provided by the City -SEIU Classified Unit MOA or other applicable agreement between the City and the SEIU Classified Unit, the seniority of an Hourly Unit applicant shall be determined by total hours worked divided by two thousand eighty (2080). The parties acknowledge that this paragraph will have effect only upon written agreement between the City and SEIU Classified Unit to permit its application and for the duration of such agreement.

ARTICLE VI - PAY

Section 1. Wages. Base wage rates and ranges of covered classifications are set forth in Appendix B (Salary Schedule) of this Memorandum of Agreement and reflect the following increases:

General Salary Increase: Effective the first full pay period following the adoption of the MOA by City Council, the salary ranges of all represented classifications will be increased by three percent (3.0%).

General Salary Increase: Effective the first full pay period following July 1, 2026, the salary ranges of all represented classifications will be increased by three percent (3.0%).

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July 1, 2025 – December 31, 2027

Section 2. Step Increases. Hourly employees are to be given a performance review after six months from date of hire and annually thereafter; improvement, efficient and effective service will warrant a salary step increase. Subsequent salary reviews are based on performance appraisals and will depend upon demonstrated satisfactory job performance. If an employee’s performance evaluation is delayed past the employee’s review date and the reviewing manager determines that the employee’s demonstrated job performance warrants the step increase, the increase shall take effect retroactive to the employee’s originally scheduled review date.

(a) City Departments may elect to provide step level increases to a SEIU Hourly employee at any time during their employment with the City. The department may elect a merit step level increase based on an employee’s outstanding job performance at any time.

(b) Employees promoted within the SEIU Hourly classifications shall be placed at the closest wage step to their current hourly rate; this can never result in a loss in pay to the employee.

Section 3. Working Out of Classification. The term ‘working out of classification”, also referred to as WOC, is defined as a Management authorized assignment to a budgeted Hourly Unit position or a General Unit position on a temporary basis, wherein all significant duties are performed by an individual holding a classification within a lower compensation range.

The WOC position serves as a temporary measure to cover a vacancy in the Hourly Unit or the General Unit for a reasonable short-term timeframe. For any timeline extensions of the WOC position, the City and the Union will communicate via phone or e -mail and/or meet to discuss the status of the WOC extension. The Union agrees that it shall not unreasonably withhold agreement for a reasonable extension of a reasonable duration for any SEIU/City WOC position.

The City agrees that it shall provide an ongoing recruitment effort pertaining to the vacant WOC position in a timely and reasonable manner.

Pay for working out of classification shall be as follows:

Employees appointed on a “working out of classification” basis will receive acting pay within the range of the higher classification beginning the first (1st) workday of the assignment.

Pay for working out of classification will be determined by the salary step of the higher classification which the employee would be compensated, if permanently appointed to that classification.

Employees in the working out of classification position, shall be placed at the closest higher pay step level to their current hourly rate.

Section 4. Direct Deposit. Beginning in the first pay period following union ratification and adoption of this Agreement by the City Council, the City shall directly deposit all paychecks for Item 4
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Unit employees in a financial institution of the employee’s choice that accepts direct deposits and does not charge the City a fee(s) for direct deposit service. In the event that the employee fails to designate a financial institution for direct deposit of his or her payroll check, the employee shall pick up the check personally in the City’s Administrative Services Department office on the next business day following payday at a pickup time designated by Administrative Services.

ARTICLE VII - HOURS OF WORK, OVERTIME

Section 1. Work Week and Work Day. The workweek for hourly employees shall be no greater than forty (40) regularly scheduled hours. An employee will work the hours assigned by the employee’s supervisor. Overtime work must be approved by a supervisor prior to being performed.

Section 2. Overtime Work. An employee will receive overtime at the rate of time and one -half for all hours paid after 40 hours in a workweek.

Section 3. Work Shifts. Employees may be assigned to work shifts with scheduled starting and quitting times. For employees assigned to a regular work shift, should conditions necessitate a change in starting and quitting times, the Employee will be notified ten (10) working da ys in advance and permitted to discuss such changes with the City. The Employee may request the presence of their Union Representative at the meeting with the City. This however, shall not preclude the City’s right to effect schedule changes dictated by operational necessity, nor shall this provision apply to day -to-day changes needed to cover short- term unexpected absences.

This section does not apply to overtime scheduling.

Section 4. Lunch and Break Periods. Employees will be granted a minimum half hour (1/2 hour) unpaid meal break after five (5) hours of work, unless the entire shift is only six (6) hours, in which case the employer and employee may agree to forgo the meal break. If dictated by the operational needs of a department, and upon agreement by the City and the Union, employees may take an “on duty” lunch period which shall be counted as time worked.

All employees in the bargaining unit will be granted a paid rest period limited to fifteen (15) minutes during each full four (4) hours of work. Departments may make reasonable rules concerning rest period scheduling.

Section 5. Clean-Up Time. All employees whose work causes their person or clothing to become soiled shall be provided with reasonable time before lunch and at shift end for wash-up purposes.

Section 6. Call-Out Pay. Employees not otherwise excluded from receiving overtime pay and who are called out to perform work shall be compensated for at least two hours pay from the time of the call-out for each occurrence at the appropriate overtime rate.

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ARTICLE VIII – UNIFORMS

The City will provide uniforms, coveralls or shop coats on a weekly basis, or as otherwise furnished, for the jobs and/or classifications that the City requires such apparel.

Employees required to wear uniforms shall be provided suitable change rooms and lockers where presently provided.

Employee clothing seriously damaged or destroyed in conjunction with an industrial injury will be reasonably replaced by the City. Any other claims alleging City liability may be filed with the City Attorney.

The City shall reimburse employees 75 percent of the cost of job -required safety shoes upon verification of such purchase by the employee.

The City will provide rainy weather protection when and where appropriate.

The City and the Union will work through the Labor Management process to further develop guidelines for providing uniforms and reimbursements.

ARTICLE IX- HOLIDAYS
Section 1. Fixed Holidays:

January 1
Third Monday in January (Martin Luther King Day)
Third Monday in February
Last Monday in May
July 4
First Monday in September
Second Monday in October
Veterans' Day, November 11
Thanksgiving Day
Day after Thanksgiving
December 25
Either December 24 or December 31

a) Employees who work a regular schedule shall receive holiday pay for the hours they would otherwise be scheduled to work, due to a closure on a Fixed City Holiday.

b) Employees who work on a holiday that is an employee’s regular scheduled workday, will receive time and one half for all hours worked on a holiday in addition to any regular holiday pay, for all hours worked on a holiday.

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c) Employees who work on a holiday that is an employee’s non-regular scheduled workday, will receive time and one half for all hours worked on a holiday. Employees will not receive regular holiday pay.

d) SEIU 521 Hourly Unit employee workdays are defined as Monday-Sunday. e) When a City Fixed Holiday falls on a weekend day, the City recognizes the Holiday on the weekday before or the weekday after the City Fixed Holiday. f) The following five (5) City Fixed Holidays may fall on weekend days:

January 1, July 4, Veterans’ Day -November 11, December 25 and Either December 24 or December 31.
g) Due to a closure on a City Fixed Holiday that falls on a weekend day, employees who are regularly scheduled to work weekend days and do not work on the weekday before or after the City Fixed Holiday, shall receive holiday pay for the hours they would otherwise be scheduled to work.
h) Employees who work on a holiday that is an employee’s regular scheduled weekend workday that falls on a City Fixed Holiday and do not work on the weekday before or after the City Fixed Holiday, will receive time and one half for all hours worked on a holid ay in addition to any regular holiday pay for all hours worked on the holiday. i) Employees who work on a holiday that is an employee’s non-regular scheduled weekend workday that falls on a City Fixed Holiday and do not work on the weekday before or after the City Fixed Holiday, will receive time and one half for all hours worked on a h oliday.

Employees will not receive regular holiday pay.

ARTICLE X- LEAVES

Section 1. Sick Leave and Personal Business Leave

a. Sick Leave
The City shall provide each employee with paid sick leave, earned on the basis of 0.03 hours for each hour paid. Sick leave shall be allowed and used in cases of actual personal sickness or for the care of an immediate family member, including a registered domestic partner, or disability, medical or dental treatment. There will be no pay out of sick leave upon the employee’s termination. If an Hourly Unit member is hired into a permanent position in the General Employee bargaining unit, he or she will retain his or her accumulated sick leave balance.

b. Personal Business Leave
Effective January 1, 2015, up to ten (10) hours per year of sick leave may be used as authorized for Personal Business Leave.

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Section 2. Floating Holiday

Effective January 1, 2024, the SEIU Hourly Unit employees shall be excused with pay for the hours they would otherwise be scheduled to work, for one (1) day within each calendar year, which is mutually agreed to by the employee and their supervisor.

The one (1) floating holiday will be deemed forfeited and have no cash value, if not used each calendar year.

Section 3. Jury Duty

Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties for hours that they are regularly scheduled to work consistent with the requirements of the City's Merit System Rules and Regulations.

ARTICLE XI - VOTING TIME

When the employee is unable to vote outside the employee’s work hours, time off with pay to vote in any general or direct primary election shall be granted as provided in the State of California Election Code, and notice than an employee desires such time off shall be given in accordance with the provisions of said Code.

ARTICLE XII -WORKERS COMPENSATION

Industrial Temporary Disability.

(a) While temporarily disabled, employees shall be entitled to use accrued sick leave for the first three (3) days following the date of injury and thereafter shall be paid based upon hourly salary for a period not to exceed fifty-seven (57) calendar days, unless hospitalized, in which case employees shall be paid full base salary for a period not to exceed sixty (60) days from date of injury.

(b) For any temporary disability continuing beyond the time limits set forth in (a) above, employees shall be paid two -thirds (66 2/3%) of their hourly salary at the time of injury for the duration of such temporary disability in conformance with the State law.

(c) In case of Subsection (a) above, the employee will continue to accrue sick leave benefits.

In the case of Subsection (b), sick leave benefits shall not be accrued.

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ARTICLE XIII - BENEFIT PROGRAMS

Section 1. Medical Insurance Plan.

In lieu of providing a medical plan the City provides a medical stipend. This stipend does not apply and will not be payable to employees who are California Public Employee Retirement System annuitants already receiving medical benefits through that system. For the term of this agreement the medical stipend is set at the following amounts:

Effective the first full pay period following the adoption of the MOA by City Council, the medical stipend shall be increased by four percent (4.0%) for a total of $3.96 per hour in paid status.

Effective the first full pay period following July 1, 2026, the medical stipend shall be increased by four percent (4.0%) for a total of $4.11 per hour in paid status.

If the State of California or federal government adopt or mandate a plan that requires the City to pay in whole or in part for medical services or coverage for employees in the bargaining unit, the stipend provided in this paragraph shall be reduced or cease to the extent of required payments toward the state or federal plan, as applicable. Before implementation of a change, the City shall notify the Union of the amount of the offset and provide an opportunity to meet to discuss the calculation of the amount.

Such discussion shall occur within fifteen (15) working days after the City gives notice to the Union. The City’s calculation of the amount of the offset shall be based on the aggregate number of hours worked in the bargaining unit during the fiscal year preceding that in which the state or federal plan takes effect.

The City and SEIU will continue to investigate the feasibility of providing Employees with access to medical insurance. Such information will be shared during negotiations for a successor Memorandum of Agreement.

ARTICLE XIV - RETIREMENT

Section 1. Part-time, Seasonal, Temporary (PST) Retirement Plan. Employees in the Hourly Unit shall participate in the City of Palo Alto PST Retirement Plan , except as described in section 2 below. The plan, summarized in Appendix C, was adopted by the City on June 25, 1994 as a retirement plan alternative for part -time, seasonal and temporary employees to replace Social Security and is currently administered by Public Agency Retirement Services (“PARS”) . The City of Palo Alto does not deduct the social s ecurity portion of the FICA (Federal Insurance Contribution Act) tax. The City does deduct the Medicare portion of the FICA tax. All hourly employees are required to contribute 7.5% of their salary into the PST Retirement Plan.

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Section 2. California Public Employees’ Retirement System (“PERS”).

PERS annuitants are excluded from participation in the P.S.T. Retirement Plan. Employees in the Hourly Unit who have previously participated in and remain members in the California Public Employee Retirement System (“PERS”) or are otherwise required by law to be enrolled in CalPERS shall participate in P.E.R.S. to the extent required by law, in lieu of participation in the P.S.T.

Retirement Plan. For example, CalPERS currently requires enrollment of most employees who work over 1000 hours in a fiscal year. Enrollment in CalPERS will be completed consistent with CalPERS rules and regulations.

Participation in CalPERS shall be under the retirement formula and cost share in effect at the time the employee is hired into the Hourly Bargaining Unit unless otherwise required by law. If any changes to the CalPERS cost share are negotiated b y the City of Palo Alto and SEIU 521 R egular Unit, then those changes will apply to any SEIU hourlies enrolled in the CalPERS system. The City and the SEIU 521 union will notify all SEIU hourlies enrolled in the CalPERS system via written notification within 2 pay periods, when there are any changes to the CalPERS cost share.

Section 3. Retirement Contributions.
a. PST Retirement Plan Contributions. Employees enrolled in the PST Retirement Plan shall contribute seven and one half percent (7.5%) of wages toward that Plan. b. PERS Employee Contributions. Employees enrolled in the PERS retirement system shall pay the full amount of the applicable employee contribution required by CalPERS for the PERS formula in which the employee is enrolled, as may be changed by CalPERS from time to time.
c. Current contributions are as follows:
(1) 2.7% at 55 Formula: eight percent (8%)
(2) 2% at 60 Formula: seven percent (7%)
(3) 2% at 62 Formula: contribution required by the Public Employees’ Pension Reform Act, calculated at fifty percent (50%) of the normal cost. (4) 1% Cost share of employer contribution for all plans

ARTICLE XV - PARKING

Employees are covered by the City’s administrative policy for Hourly parking permits , which includes the following provisions:

Permits will be issued for University Avenue Parking Structures only.

To be eligible for a parking permit, an hourly employee must work at least 2.5 hours per day for a consistent period of time (this assumes the need to walk back and forth to a garage). If the employee works less than 2.5 hours, they can park, without penalty, in downtown garages given the current 3 hour parking limit.

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The hourly employee must obtain a signed letter from his or her Department Head verifying the employee’s “consistent” and greater than 2.5 hour schedule for a parking permit and submit the letter with the request for a parking permit.

The parking permit is issued and tracked by Revenue Collections, and is not transferrable.

The employee must return the parking permit to Revenue and Collections upon a change to less than a 2.5 hour consistent schedule or termination of employment.

ARTICLE XVI PHYSICAL EXAMINATIONS

If an employee who is required to have a City -provided physical examination not related to workers' compensation programs disagrees with the findings of the City -sponsored physician, they may consult with their own physician at their own expense and, if their private physician's report conflicts with that of the City physician in terms of ability to work at their regular job, then they may request an evaluation of their problem through a third physician mutually agreed upon by the employee and the City. Cost for the third examination will be equally shared and the decision of this physician concerning the continuing ability of the employee to perform their work in their regular job without exposing themselves to further injury as a result of their condition shall be the basis for returning the employee to their regular work.

ARTICLE XVII - SAFETY

Section 1. Health and Safety Provisions. The City shall furnish and use safety devices and safeguards and shall adopt use practices, means, methods, operations and processes which are reasonably adequate to render such employment and place of employment safe, in conformance with applicable safety regulations under the State Labor and Administrative Code sections.

The City shall not require or permit any employee to go to or be in any employment or place of employment which is not safe.

Section 2. Union will cooperate with the City by encouraging all employees to perform their work in a safe manner.

Section 3. Safety Committee. A Safety committee composed of Management and Union Stewards will meet no less than ten times annually to discuss safety practices, methods of reducing hazards, and to conduct safety training. This shall in no way remove the basic responsibility of safet y from Management nor shall it in any way alter the responsibility of the employee to report unsafe conditions directly and immediately to his or her supervisor.

Three (3) Hourly employees will participate in the ten -member Citywide Union/Management safety committee with equal Union and Management membership that will meet, upon call, to review safety and occupational health standards and practices, discuss overall City safety and Item 4
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health problems, and to act as an advisory group to the departmental safety committees. The committee shall review all departmental safety programs and recommend change where necessary. The three (3) Hourly participants shall report such time on timecards, using Internal Order 80005 or its successor in conjunction with a short- text entry describing the nature of the time spent (e.g. “City-wide Union-Management Safety Committee”).

In cases of dispute over safe working conditions the employee will first report such unsafe conditions to his or her supervisor and every attempt will be made to rectify the problem at this level. The employee may contact his or her Steward to assist in th e resolution of the dispute. If the problem cannot be resolved the Risk Manager will be contacted and the problem will be addressed through the interpretation of the basic safety rules and regulations. Should the problem not be resolved at this step, the g rievance procedure will be used. Safety grievances shall be submitted at Step III.

ARTICLE XVIII - GRIEVANCE PROCEDURE

Section 1. The City and the Union recognize that early settlement of grievance or appeal of disciplinary actions is essential to sound employee -employer relations. The parties seek to establish a mutually satisfactory method for the settlement of employee grievances, or appeal of disciplinary action, or Union grievances as provided for below. In presenting a grievance or appeal of disciplinary action, the aggrieved and/or their representative is assured freedom from restraint, interference, coercion, discrimination or reprisal. Release time for investigation and processing a grievance or appeal of disciplinary action is designated in Article IV of this Memorandum of Agreement (MOA).

Section 2. Definition. A grievance is:

(a) An unresolved complaint or dispute regarding the application or interpretation of rules, regulations, policies, procedures, Memorandum of Agreement or City ordinances of resolution, relating to terms or conditions of employment, wages or fringe benefits, excluding however those provisions of this MOA 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 or appeal of disciplinary action procedure.

(b) An appeal from a disciplinary action of any kind against an employee covered by this Memorandum of Agreement. Disciplinary action is defined as suspensions without pay, reductions in pay, demotion or discharge. Reprimands, transfers, reassignments, layoffs, and negative comments in performance evaluations are not considered discipline.

Section 3. Conduct of Grievance Procedure.

(a) An aggrieved employee may be represented by the Union or may represent themselves in preparing and presenting a grievance at any level of review. Grievances may also be Item 4
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presented by a group of employees. No grievance settlement may be made in violation of an existing merit rule or memorandum of agreement. The Union will be notified prior to the implementation of any settlement made which affects the rights or conditions of other employees represented by the Union. The Union and the Steward will be copied on all written representation unit grievance decisions.

(b) An employee and the Representative Steward, if any, may use a reasonable amount of work time so long as there is no disruption of work, in conferring about and presenting a grievance. Requests for release time to prepare a grievance shall be made in accordance with the provisions of Article III, section 3. Beginning with the third step of the grievance procedure, the Chief Steward or Alternate Chief Steward may assist in presenting a grievance and may be present at all Step III, and IV grievance hearings.

(c) The time limits specified in this Article may be extended by mutual agreement in writing of the aggrieved employee or the Union and the reviewer concerned.

(d) Should a decision not be rendered within a stipulated time limit, the aggrieved employee may immediately appeal to the next step.

(e) The grievance may be considered settled if the decision of any step is not appealed within the specified time limit.

(f) If appropriate, the aggrieved employee(s) or the Union and the Department Head may mutually agree to waive Step I and/or Step II of the grievance procedure.

(g) Grievances shall be made in writing and submitted on forms provided by the City or on forms which are mutually agreeable to the City and Union. The written grievance shall contain clear, factual and concise language including: (1) the name of the grievan t, (2) a statement of the facts upon which the grievance is based, including relevant dates, times and places, (3) specific provisions of the Agreement or specific City rules, policies, or procedures which the party filing the grievance alleges has been violated; (4) a summary of any steps taken toward resolution, and (5) the action the grievant believes will resolve the grievance.

(h) Any retroactivity on monetary grievances shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three months before the grievance was filed in writing.

(i) If the grievance is filed by more than one employee in the bargaining unit, the Union may, at its option, convert it to a Union grievance after Step II of the grievance procedure. The Union may also file a grievance in those instances when, under this Memorandum of Agreement, a Union right not directly related to an individual employee becomes the Item 4
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subject of dispute. Union grievances shall comply with all of the foregoing provisions and procedures.

(j) For purposes of time limits, “working days” are considered to be Monday through Friday, exclusive of City holidays.

(k) If a mutually agreed solution is reached during any step of this grievance procedure, the agreement shall be placed in writing and signed by the City and the grievant or union.

(l) Upon request of either party, meetings to discuss the grievance shall be held at any step in the grievance procedure.

Section 4. Grievance Procedure.

Step I. Informal Discussion. Within fifteen (15) working days after the incident or discovery of the incident on which the grievance is based the aggrieved employee shall present the grievance action to their immediate supervisor and attempt to resolve the grievance through informal discussions. Every attempt will be made to settle the issue at this level.

Step II. If the grievance is not resolved through the informal discussion in Step 1 , the employee will reduce the grievance to writing and submit copies to the Department head or their designee within fifteen working days of the discussion with the immediate supervisor.

The Department Head or designee shall have fifteen working days from the receipt of a written grievance to review the matter and prepare a written statement.

Step III. If the grievance is not resolved and/or the aggrieved employee is not satisfied with the Step II decision, the grievant or disciplined employee may appeal to the Human Resource Director or their designee in writing within fifteen working days of the receipt of the Department Head's response. The written appeal to the Human Resources level shall include a copy of the original grievance, the Department Head’s decision at Step II, and a clear statement of the reasons for appeal.

Within fifteen working days, after receiving the written appeal, the Human Resource Director shall review the matter and prepare a written statement. If a mutually agreed solution is reached during this process the agreement shall be placed in writing and signed.

Step IV . If a grievance as defined under 2(a) above is not resolved at Step III, the aggrieved employee may choose between final and binding resolution of the grievance through appeal to the City Manager or through appeal to final and binding arbitration. For the term of this Memorandum of Agreement, appeals to final and binding arbitration may be processed only with Union approval. All Step IV appeals must be filed in writing at the Human Resources Department Item 4
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Office within fifteen working days of receipt of the Human Resource Director’s decision at Step

3. If the grievant or appellant elects final and binding resolution by the City Manager, the City Manager will choose the methods he or she considers appropriate to review and settle the grievance or appeal of disciplinary action. The City Manager shall render a written decision to all parties directly involved within fifteen working days after receiving the grievant/appellant’s appeal.

If the grievant/appellant elects final and binding arbitration in accordance with this provision, the parties shall mutually select an arbitrator within 90 days from the date of receipt of the written request for appeal. In the event the parties cannot ag ree on an arbitrator, they shall mutually request a panel of five arbitrators from the California State Conciliation Service or from the American Arbitration Association if either party objects to the State Conciliation Service , and select an arbitrator by the alternate strike method.

The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of this Memorandum of Agreement and such Merit System Rules, regulations, policies, procedures, City ordinances, resolutions relating to terms or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances or appeal of disciplinary action appealed to the arbitrator. The arbitrator shall be without power to make any decision contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum Of Agreement, grant wage increases or decreases, or to decide matters of interest.

The arbitrator shall be without authority to require the City to delegate or relinquish any powers which by State law or City Charter the City cannot delegate or relinquish. Where either party seeks arbitration and the other party claims the matter is not subject to the arbitration provisions of this Memorandum of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards and criteria set forth in Article XX and without regard to the merits of the grievance or appeal of disciplinary action. If the issue is held to be arbitrable, the arbitration proceedings will be recessed for up to five working days during which the parties shall attempt to resolve the grievance. If no resolution is reached, the arbitrator will resume the hearing and hear and resolve the issue on the merits.

Copies of the arbitrator's decision shall be submitted to the City, the aggrieved employee and the Union. All direct costs emanating from the arbitration procedure shall be shared equally by the City and the aggrieved employee or the Union.

A grievance as defined under Section 2(b) above (demotion, suspension, reduction in pay or te
rmination) that remains unresolved after the conclusion of step III of the grievance procedure, shall be reviewed by a City Hearing Officer. Appeals to a City Hearing Officer must be filed with the Human Resources Director in writing within fifteen (15) working days of the receipt of the Item 4
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Step III Grievance response. Within sixty (60) working days, the City Hearing Officer shall review the matter, hold a hearing with the City and the affected worker, and prepare a written recommendation to the City Manager.

The City Manager shall issue a final and binding decision within fifteen (15) working days after receipt of the City Hearing Officer's recommendation. The City Manager may accept, reject or modify the City Hearing Officer’s recommendation. The City Manag er's decision shall be final, binding and not be subject to further appeal.

ARTICLE XIX - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION

Section 1. Right to Discipline

The City has the right to discipline, demote, or discharge employees for cause.

Section 2. Written Notice

Non-probationary employees whose work or conduct is unsatisfactory but not sufficiently deficient to warrant discipline, demotion, or discharge will be given a written notification of unsatisfactory work or conduct and an opportunity to improve. Failure to correct deficiencies and improve to meet standards may result in discipline, demotion, or discharge. Discipline is defined as suspensions without pay, reduction in pay, demotion, or discharge. Reprimands, transfers, reassignments, layoffs, and negative comments in performance evaluations are not discipline and shall not be subject to the requirements of this Article.

Section 3. Preliminary Notice of Discipline. Prior to imposing disciplinary action involving a disciplinary suspension, demotion, reduction in pay, or discharge of a non -probationary employee, a supervisor shall provide an employee with preliminary written notice of the proposed disciplinary action. The notice of proposed disciplinary action must be in writing and served on the employee in person or by registered mail or Fed-Ex. The notice of disciplinary action shall include:
(a) Statement of the violations upon which the disciplinary action is based.

(b) Intended effective date of the action.

(c) Statement of the cause thereof.

(d) Statement in ordinary and concise language of the act or the omissions upon which the causes are based.

(e) Copies of any documents or other written materials upon which the disciplinary action was fully or in part based.

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(f) Statement advising the employee of his/her right to appeal from such action, and the right to Union representation.

(g) The date and/or the procedure for responding to the notice.

Section 4. Skelly Meeting. The employee who receives a notice pursuant to section 3 above shall have the right to respond informally to the charges either verbally or in writing before the discipline is imposed. The employee shall have fifteen (15) days from receipt of the notice to request this pre -disciplinary administrative review. The employee may request a reasonable extension of the time to respond for justifiable reasons. The Skelly meeting to listen to the verbal responses shall be scheduled with a City representative who is not the manager recommending the discipline (the “Skelly Officer”). The Skelly Officer shall render a final written decision (the “post-Skelly decision”) within fifteen (15) days of receiving the employee’s response, if any, and shall deliver the post -Skelly decision to the employee by personal delivery or registered mail to the employee’s last known address on file with the Human Resources Department. The Skelly Officer may sustain, modify, or overturn the recommended disc iplinary action. If the Skelly Officer sustains or modifies the disciplinary action, the action may be imposed after the post - Skelly decision is delivered to the employee.

ARTICLE XX – NO ABROGATION OF RIGHTS

The parties acknowledge that Management rights as indicated in Section 1207D of the Merit System Rules and Regulations and all applicable State laws are neither abrogated nor made subject to negotiation by adoption of this Memorandum of Agreement.

ARTICLE XXI – OUTSIDE EMPLOYMENT

The provisions of Article 4.7 of the Government Code of the State of California will govern the determination of incompatible outside employment.

ARTICLE XXII PROMOTIONAL/CONVERSION OPPORTUNITES

The City and Union will meet on a quarterly basis to review the possibility of converting long term ongoing temporary -hourly positions to regular status. A part of such a meeting may be a discussion regarding promotional opportunities of Hourlies to Classified positions.

The City will notify SEIU and, upon request, meet and confer regarding the conversion of any long term and ongoing hourly positions which the City converts to full -time positions through the budget process.

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ARTICLE XXIII – PROVISIONS OF THE LAW

Section 1. This Memorandum of Agreement is subject to all current and future applicable Federal and State laws and Federal and State regulations and the Charter of the City of Palo Alto and the Constitution of the State of California.

Should any of the provisions herein contained be rendered or declared invalid by reason of any existing State or Federal legislation, such invalidation of such part or portion of this

Memorandum of Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable.

Section 2. The City and the Union agree by signing this Memorandum of Agreement that the wages, hours, rights and working conditions contained herein shall be continued in full force during the term of this Memorandum of Agreement except as otherwise provided for in the Memorandum of Agreement and shall be binding on both the City and the Union upon ratification by the Council of the City of Palo Alto and upon ratification by Union membership.

ARTICLE XXIV – COST REDUCTION PROGRAMS

During the term of this agreement, the Union will aggressively assist Management in developing cost reduction programs. Such programs may include voluntary reduced hours/pay after this concept is studied by Management, and with such application as may be a pproved by Management.

ARTICLE XXV – TERM

This Memorandum of Agreement shall take effect on ratification and Council adoption, and shall expire on December 31, 2027. Either party may serve written notice upon the other party during the period between ninety and sixty days prior to its expiration date, of its desire to amend this Memorandum of Agreement. If, at the time this Memorandum of Agreement would otherwise terminate, the parties are negotiating a new Memorandum of Agreement, upon mutual agreement of the Union and the City Manager the terms and conditions of this Memor andum shall continue in effect.

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EXECUTED:

FOR LOCAL 521, SEIU: FOR CITY OF PALO ALTO:

Steve Tsou Ed Shikada
SEIU Worksite Organizer City Manager

Christi Iniguez Sandra Blanch
Chief Steward Human Resources Director

______________________________
Jen Fine
Assistant City Attorney

______________________________
Ben Farnsworth
Senior HR Administrator

Tori Anthony
Manager Labor Relations

Sandhya Uthup
Human Resources Representative

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Appendix A

Job Classifications for SEIU Hourly Unit Personnel

Administrative Specialist I - H
Performs administrative work that requires advanced skills or knowledge in support of a department/division or program.

Administrative Specialist II – H
Performs more complex administrative work that requires advance skills or knowledge in specialized software programs and data analysis in specialized areas in support of a department/division or program. Two years of experience equivalent to that of an Administrative Specialist I.

Arts & Science Aide - H
Under general supervision, performs general unskilled and some semiskilled tasks in support of theater, arts and museum programs.

Arts & Science Professional I - H
Under general supervision, performs highly skilled jobs in support of performing and visual arts.

Examples would include exhibit design and installation, graphic design, exhibit mechanical and electrical design, exhibit problem solving, installation and maintenance, materials and parts sourcing for exhibits, managing outsourced custom fabrication of specialty parts, and working with Arts & Sciences Producers on design of exhibits, theater scenery, costume & lighting design and direction, studio supervision, development of educational programs, etc.

Arts & Science Professional II - H
Under limited supervision, performs highly specialized jobs in support of performing and visual arts. Examples would include exhibit design and installation, graphic design, exhibit mechanical and electrical design, exhibit problem solving, installation and maintenance, materials and parts sourcing for exhibits, managing outsourced custom fabrication of specialty parts, and working with Arts & Sciences Producers on design of exhibits, theater scenery, costume & lighting design and direction, studio supervi sion, development of educational programs, etc. Two years of experience equivalent to that of an Arts & Science Professional I.

Arts & Science Professional III - H
Independently performs highly specialized jobs in support of performing and visual arts.

Examples would include exhibit design and installation, graphic design, exhibit mechanical and electrical design, exhibit problem solving, installation and maintenanc e, materials and parts sourcing for exhibits, managing outsourced custom fabrication of specialty parts, and working with Arts & Sciences Producers on design of exhibits, theater scenery, costume & lighting design and direction, studio supervision, develop ment of educational programs, etc. Five years of experience equivalent to that of an Arts & Science Professional I. May require lifting up to 15 pounds
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Arts & Science Technician - H
Under supervision, performs paraprofessional and skilled support to a specific performing or visual arts program area such as lighting, props, building, painting, stitching – etc.

Assistant Park Ranger - H
Positions requiring at least 2 years of experience and specialized skills or advanced certificates for First Aid, CPR, and heavy equipment operation. Prior experience as an open space technician or park aide is essential.

Building Serviceperson – H
Under limited supervision, performs custodial duties and other related work as required to maintain City buildings and facilities in a clean and orderly condition. Members of this classification may be assigned to perform either public works duties or park duties. Two years of experience equivalent to that of a Custodial Assistant.

Clerical Assistant - H
Under supervision, performs routine and repetitive computer inputting and clerical tasks, and performs related work as required. May require cash handling.

Custodial Aide - H
Under close supervision, this entry -level position performs basic custodial duties as required to maintain City buildings and facilities, performs room set -ups and take-downs, and other related work.

Custodial Assistant - H
Under general supervision, performs custodial duties and other related work as required to maintain City buildings and facilities in a clean and orderly condition . Members of this classification may be assigned to perform either public works duties or parks duties.

General Laborer – H
Performs general manual tasks. Performs various types of manual labor as needed. Possesses knowledge of commonly -used concepts, practices, and procedures within a particular field.

Performs tasks in conformance within pre -established instructions. Work s under general supervision. Uses very limited independent judgment similar to that expected of an apprentice- helper level laborer, consistent with pre -established instructions. May report to a lead worker, but typically reports to a supervisor.

Requires a high school diploma or its equivalent with 1 year of related experience.

Salary to be determined – an hourly rate above $50/hour must be approved by the Director of Human Resources before the City extends an offer of employment.

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House Manager - H
Facility supervisor of special events, productions, concerts, rentals – etc. Involves high public contact and customer service, including enforcement of rules and regulations. May included set- up of events.

Inspector – H
Provides inspections for capital and maintenance work, buildings and structures in any stage of construction, alteration or repair. Ensures compliance with standard construction practices, approved plans and specifications, governing laws and City ordinances. Prepares and maintains records of inspections, contractor’s daily activities, verification of materials and quantities used, notification to and contact with the residents in the project area, violation notices, investigations and other related data and information.

Salary to be determined – Minimum base of $26.87. An hourly rate above $50/hour must be approved by the Director of Human Resources before the City extends an offer of employment.

Instructor Aide - H
Under general supervision, performs administrative work in support of Instructors in areas such as course preparation, classroom assistance and related activities. May require lifting up to 15 pounds.

Instructor I - H
Under general supervision, prepares classes, programs and camp curriculum, presents classes and field trips for schools and family audiences, and provides assignments to Instructor Aides and volunteers. Requires previous teaching experience. Requires prior in -depth knowledge of the disciplines to be taught. May require lifting up to 15 pounds.

Instructor II - H
Under limited supervision, prepares classes, programs and camp curriculum, presents classes and field trips for schools and family audiences, and provides assignments to Instructor Aides and volunteers. Requires at least two years of experience equivalent to that of an Instructor I. May require lifting up to 15 pounds.

Instructor III-H
Independently prepares classes, programs and camp curriculum, presents classes and field trips for schools and family audiences , and provides direction and mentoring for Instructor Is and IIs, Aides and volunteers. Serves in a leadership capacity within t he department. Requires at least 4 years of teaching experience and in-depth knowledge of the disciplines to be taught. May require lifting up to 15 pounds.

Journey-Level Laborer – H
Performs various tasks involving physical labor in or on buildings, construction sites, demolition sites, streets, sidewalks, or on other construction projects. May operate hand and power tools of all types (e.g. air hammers, earth tampers, cement mixers, small mechanical hoists, surveying Item 4
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and measuring equipment, and various other equipment and instruments). May clean and prepare sites, dig trenches, set braces to support the sides of excavations, erect scaffolding, clean up rubble and debris, and remove hazardous waste materials; may assi st other craft workers.

Uses independent judgment similar to that expected of a journey level laborer, within pre - established instructions similar to and consistent with industry practices for journey level laborers. Works under general supervision. Typically reports to a lead worker or supervisor.

Requires a high school diploma or its equivalent with 1-3 years of related experience.

Salary to be determined – an hourly rate above $50/hour must be approved by the Director of Human Resources before the City extends an offer of employment.

Librarian - H
Under supervision, assists customers with reference inquiries, provides instruction in the use of library resources and equipment; shelves materials and assists with core management or organization of materials.

Distinguishing Characteristics:

The Librarian classification is the professional entry level classification within the Library Division.

The Librarian has the professional knowledge to identify, develop, interpret, and evaluate all policies, procedures, programs and services to ensure the best quality of service to public library users. It is a broad classification which covers a variety of work situations which require expertise in areas of primary responsibility, as well as in common areas such as materials selection, public library service and in computerized information systems. Significant portion of workday includes direct public contact. Work hours may include early mornings, evenings and weekends.

ESSENTIAL DUTIES:

Essential and other important responsibilities and duties may include, but are not limited to, the following:
• Performs routine circulation tasks required to directly serve public, including registering and maintaining files of borrowers; interpreting customer accounts and checking in and out library materials via computerized equipment; accepting, payments for fines, bills, fees; assisting customer with inquiries regarding availability and status of items in collections, and interviewing and assisting users regarding circulation accounts and services. Refers circulation problems to circulation staff or manager.
• May conduct library programs for children and adults; conduct tours and classes. • May conduct reference interview and analyze, interpret and answer inquiries utilizing resources in Palo Alto Libraries as well as other libraries and the community, referring unusual questions to a Senior Librarian (Librarian II) or supervisor; assist customers in use of facility including catalog, indexes, reference books and technology.

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• Performs library programming, including planning, coordination, promotion and the conduct of programs; cooperates with other City departments, community and library groups with program co-sponsorship.
• Prepares displays to market the library’s collection; may write regular newsletter articles, book reviews and program announcements for e-newsletters and publications; assists with social media.
• May update library web pages; update online calendars; contribute calendar items to community organizations and data bases.
• Selects and de-selects library materials in one or more subject areas based on knowledge of budget available, collection size, analysis of community past usage patterns and other criteria; processes discarded materials.
• Assist with recruits, interviews, schedules, trains, initiates and coordinates, work of clerical, paraprofessional, temporary and/or volunteer staff as assigned. • May collect, maintain and report statistical records for a variety of library measures. • As directed, performs copy and original cataloging and classification efficiently utilizing online computerized cataloging system; assigns access points for materials; establishes new bibliographic computer records in accordance with recognized standards. • Maintains specific library collections and equipment including housing, physical maintenance and arrangement.

MINIMUM QUALIFICATIONS:

Sufficient education, training and/or work experience to demonstrate possession of the following knowledge, skills, and abilities which would typically be acquired through:
• Master’s Degree in Library and Information Science or related education preferred.

KNOWLEDGE, SKILLS, AND ABILITIES:
• Ability to work effectively with public and co-workers in variety of circumstances. Ability to work with wide variety of people.
• Knowledge of alphabetical and numerical filing systems. • Knowledge of the library catalog.
• Ability to work varied schedule including early mornings, evenings and weekends • Ability to maintain physical condition appropriate to the performance of assigned duties and responsibilities which may include sitting for extended periods of time and operating assigned library equipment.
• Ability to communicate with others and to assimilate and understand information, in a manner consistent with the essential job functions.
• Ability to operate assigned equipment.
• Ability to make sound decisions in a manner consistent with the essential job functions.

WORKING CONDITIONS / PHYSICAL REQUIREMENTS:

Work in a library environment with the public, maintaining a professional appearance; sustained posture in a standing, walking or seated position for prolonged periods of time; perform bending, lifting, crouching and pushing items weighing up to 50 pounds; perform repetitive small hand and Item 4
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arm motions for prolonged periods of time; may travel to other library facilities; exposed to computer screens for prolonged periods of time.

Library Clerk - H
Under close general supervision performs technical and clerical tasks; assists customers with their accounts; shelves materials; performs technical and clerical tasks as assigned.

Distinguishing Characteristics:

Library Clerk is a classification found in the Library Department and is distinguished by the performance of various technical and clerical duties under general supervision. Work hours may vary and include nights and weekends. Includes direct public contact. Some previous knowledge of library operations required.

ESSENTIAL DUTIES:

Essential and other important responsibilities and duties may include, but are not limited to, the following:
• May answer customers’ questions.
• Checks in/out items; performs standard, holds, special handling and sorts; issues library cards.
• Works at the Accounts Desk; handles customer accounts and fines; provides computer assistance; performs shelving.
• May assist customers with library technology.
• Maintains computer files for library materials; adds, deletes and updates information. • Data enters bibliographic data into the online library system. • Communicates with vendors to request approved items or to ask questions; refers further communications to the supervisor.
• Accepts and unpacks deliveries and shipments of library materials; checks for accuracy; returns incorrect or damaged materials to vendors.
• Receives and invoices materials into the library’s computer system. • Performs RFID tagging Performs shelf reading.
• Assists in the setup of programs; performs program cleanup. • Processes LINK+ items and locates items listed on hold for the library branch or on reserve for LINK+.
• Assists with special projects and programs.
• May perform mail delivery.
• Provides basic assistance to customers.
• Performs related duties and responsibilities as required.

MINIMUM QUALIFICATIONS:

Sufficient education, training and/or work experience to demonstrate possession of the following knowledge, skills, and abilities which would typically be acquired through:
• High school diploma or equivalent and 6 months experience working in a library Item 4
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KNOWLEDGE, SKILLS, AND ABILITIES:
• Ability to work effectively with public and co-workers in variety of circumstances. Ability to work with wide variety of people.
• Knowledge of library procedures and item shelving structure. • Knowledge of alphabetical and numerical filing systems. • Knowledge of a personal computer and various software applications. • Knowledge of effective customer service.
• Ability to use the library catalog.
• Ability to perform cash handling and use a cash register. • Ability to perform basic mathematical calculations.
• Ability to work varied schedule including mornings, evenings and weekends • Ability to maintain physical condition appropriate to the performance of assigned duties and responsibilities which may include sitting for extended periods of time and operating assigned library equipment.
• Ability to work varied schedule including early mornings, evenings, and weekends. Ability to communicate with others and to assimilate and understand information, in a manner consistent with the essential job functions.
• Ability to operate assigned equipment.
• Ability to make sound decisions in a manner consistent with the essential job functions.

WORKING CONDITIONS / PHYSICAL REQUIREMENTS:

Work in a library environment with the public; maintains a professional appearance; sustained posture in a standing, walking or seated position for prolonged periods of time; perform bending, lifting, crouching and pushing items weighing up to 50 pounds; perform repetitive small hand and arm motions for prolonged periods of time; may travel to other library facilities; exposed to computer screens for prolonged periods of time.

Library Page - H

Under close supervision, shelves materials; performs routine clerical and support tasks as assigned.

Distinguishing Characteristics:

Library Page is a classification found in the Library Department and is distinguished by the performance of routine clerical duties under supervision. Work hours may vary and include nights and weekends. May include direct public contact. No previous knowl edge of library operations required.

ESSENTIAL DUTIES:

Essential and other important responsibilities and duties may include, but are not limited to, the following:
• Shifts collections; pulls or weeds items; performs sweeps. • Returns library materials to the shelves.

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• Performs RFID tagging
• Performs shelf reading.
• Assists in the setup of programs; performs program cleanup. • Processes LINK+ and locates items listed on hold for the library branch or on reserve for Link+
• Performs general cleaning and organization of the library’s areas. • Assist with open and close procedures.
• May assist with special projects and programs.
• Performs mail delivery.
• May provide directional assistance to customers.
• Works with Automated Materials Handling machine; moving and sorting bins, and sorting returned items.
• Performs related duties and responsibilities as required.

MINIMUM QUALIFICATIONS:

Sufficient education, training and/or work experience to demonstrate possession of the following knowledge, skills, and abilities which would typically be acquired through:
• No experience necessary.

KNOWLEDGE, SKILLS, AND ABILITIES:
• Ability to work effectively with public and co-workers in variety of circumstances. Ability to work with wide variety of people.
• Knowledge of alphabetical and numerical filing systems. • Knowledge of the library catalog.
• Ability to work varied schedule including early mornings, evenings and weekends • Ability to maintain physical condition appropriate to the performance of assigned duties and responsibilities which may include sitting for extended periods of time and operating assigned library equipment.
• Ability to communicate with others and to assimilate and understand information, in a manner consistent with the essential job functions.
• Ability to operate assigned equipment.
• Ability to make sound decisions in a manner consistent with the essential job functions.

WORKING CONDITIONS / PHYSICAL REQUIREMENTS:

Work in a library environment with the public, maintains a professional appearance; sustained posture in a standing, walking or seated position for prolonged periods of time; perform bending, lifting, crouching and pushing items weighing up to 50 pounds; perform repetitive small hand and arm motions for prolonged periods of time; may travel to other library facilities; exposed to computer screens for prolonged periods of time.

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Maintenance Assistant - H
Under general supervision, responsible for skilled and semiskilled tasks in one or more of the following areas:

Landscape and turf maintenance of parks and golf courses, including tree maintenance and turf renovation
City building and facilities
City streets, sewers, and storm drains
City vehicles and equipment

Performs related tasks as required. Requires experience with power equipment and a valid California driver’s license. May require drug testing.

Open Space Technician - H
Under general supervision performs work assignments in Parks and Open Space areas that assist in the protection, preservation and maintenance of Palo Alto open space lands. Entry -level positions that require familiarity with power tools such as weed whips and chain saws.

Print Shop Assistant - H
Under supervision, provides assistance in the Print Shop in duplication, finishing work, mail distribution and other support function duties, often under tight deadlines.

Project Specialist - H
Support for and administrative tasks related to City programs and projects on an ongoing basis, requiring technical and administrative skills such as scheduling, research and report writing, project development and design, ongoing project implementation an d administration, and budget tracking and conformance.

Recreation Leader I - H
Entry level positions that do not require previous experience including:

Teen leaders
Gymnastics Instructors
Sports camp assistants
Special event Assistants
Summer camp counselors
Coaches

Recreation Leader II - H
Positions require at least one season of experience and certifications in a related field including:

Sports Camp Leaders (CPR and First Aid)
Sport Officials (CPR and First Aid)
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Assistant Pool Manager
Senior Swim Instructor/Lifeguard
Summer camp assistants
Coaches

Recreation Leader III - H
Positions require at least 2 years of experience and specialized skills or advanced certifications in a related field including:

Summer Camp Leaders
Teen Outreach Leaders
Coaches
Substitute Teachers
Sports Camp Leaders (CPR and First Aid)
Sport Officials (CPR and First Aid)
Pool Manager
Gymnastic/Dance Instructors (Recreation Leader II requirements and Safety Certification and one of the following certifications: Professional Development Program II, Kinder Accreditation for Teachers or Movement Education and Learning Development.)

Staff Specialist – H

Under limited supervision, performs professional work requiring specialized knowledge or training in a specific field in support of a City program or organizational unit. The work performed is generally varied in character and similar to or equally complex to that of a career position, but is not managerial.

Salary to be determined – an hourly rate above $50/hour must be approved by the Director of Human Resources before the City extends an offer of employment.

Stock Clerk - H
Under supervision, performs a variety of inventory maintenance functions including receiving, storing, and delivering supplies. Includes maintaining and reviewing computerized inventory records; performs other related work as required.

Swim Instructor/Lifeguard - H
Monitors pool activities to enforce regulations and prevent accidents, rescue swimmers in distress, conducts swimming lessons in accordance with American Red Cross or other national recognized aquatics programs and performs other related duties as required . Certificates in Lifeguard Training, First Aid and CPR required.

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Technical Specialist - H
Under general supervision, responsible for work that requires technical skills associated with one or more of the following areas: drafting/CAD, electronics, computer systems, engineering, environmental science, or planning.

Zoological Assistant - H
Under supervision, performs assignments that assist in the maintenance, control, and shelter of animals in the zoo and other City facilities.

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Appendix B- Salary Schedule
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Appendix C

Public Agency Retirement System (“P.A.R.S.”) Plan

City of Palo Alto PST (Part-time, Seasonal and Temporary) Employees Retirement Plan

As of the effective date of this contract, the City contracts with the Public Agency Retirement Services Alternate Retirement System (PARS ARS) to provide an alternative plan to Social Security for members of this Unit. The main components of the plan include:

• Enrollment in the PARS 457 retirement plan is automatic for eligible employees (excludes employees previously enrolled in CalPERS).
• All contributions are pre-tax and invested
• Employees receive an annual statement of gains and losses • Employees may become eligible to receive their account balance when one of the following events occur:
o Termination of employment
o Retirement
o Permanent or total disability
o Death
o Changed employment status to a position covered by another retirement system • An employee may elect either:
o a one-time lump sum cash payment, which may be subject to federal and/or state income tax withholding, OR
o A direct rollover without tax withholding to a traditional IRA or an eligible plan that accepts rollovers [e.g. 403(b), 457(b), 401(k)]

A copy of the Plan Document is on file in Human Resources and may be reviewed upon advanced request. For questions or additional information, contact PARS at 800-540-6369.

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`
Memorandum of Agreement
City of Palo Alto and
Service Employees International Unit
(SEIU) Local 521

Hourly Employee Unit

July 1, 2025 – December 31, 2027

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CONTENTS
PREAMBLE ................................................................................................................................... 5 ARTICLE I – RECOGNITION ...................................................................................................... 5 Section 1...................................................................................................................................... 5 Section 2. No Discrimination. ..................................................................................................... 6 ARTICLE II - UNION SECURITY ............................................................................................... 6 Section 1. Notice. ....................................................................................................................... 6 Section 2. Documentation. .......................................................................................................... 6 Section 3. Payroll Deduction. ..................................................................................................... 7 Section 4. Bulletin Boards and Departmental Mail. ................................................................... 7 Section 5. Access to Union Representatives. ............................................................................. 8 Section 6. Meeting Places. ......................................................................................................... 8 Section 7. Notification to the Union. .......................................................................................... 8 Section 8. Union Logo. ............................................................................................................... 8 Section 9. City Council Materials. .............................................................................................. 8 Section 10. Temporary Agency Reporting ................................................................................. 8 Section 11. Job Postings. ............................................................................................................ 8 Section 12. Contracting Out. ....................................................................................................... 8 Section 13. New Employee Procedure/Process. ......................................................................... 9 ARTICLE III. – STEWARDS ........................................................................................................ 9 Section 1. Designation. ............................................................................................................ 10 Section 2. Release Time. .......................................................................................................... 10 Section 3. Advance Notification and Approval. ...................................................................... 10 Section 4. Timecard Reporting. ................................................................................................ 10 Section 5. Storage of Union materials. .................................................................................... 10 Section 6. Labor/Management Meetings. ................................................................................ 10 ARTICLE IV. - REDUCTION IN FORCE .................................................................................. 11 Section 1.................................................................................................................................... 11 Section 2. Notice ...................................................................................................................... 11 Section 3. Seniority and Service Ties. ...................................................................................... 11 Section 4. Bumping Rights. ...................................................................................................... 11 Section 5. Re-Employment List. ............................................................................................... 12 Item 4
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Section 6. Reinstatement. .......................................................................................................... 12 Section 7.................................................................................................................................... 13 ARTICLE V. - PERSONNEL ACTIONS .................................................................................... 13 Section 1. Probationary Period. ............................................................................................... 13 Section 2. Personnel Evaluations. ............................................................................................ 13 Section 3. Personnel Files. ....................................................................................................... 13 Section 4. Release of Information. ........................................................................................... 14 Section 5. Full Time Opportunities. ......................................................................................... 14 Section 6. Equitable Rotation. .................................................................................................. 14 Section 7. Internal Eligibility. .................................................................................................. 14 ARTICLE VI - PAY ..................................................................................................................... 14 Section 1. Wages. ..................................................................................................................... 14 Section 2. Step Increases.......................................................................................................... 15 Section 3. Working Out of Classification. ............................................................................... 15 Section 4. Direct Deposit. ......................................................................................................... 15 ARTICLE VII - HOURS OF WORK, OVERTIME .................................................................... 16 Section 1. Work Week and Work Day. .................................................................................... 16 Section 2. Overtime Work. ....................................................................................................... 16 Section 3. Work Shifts. ............................................................................................................. 16 Section 4. Lunch and Break Periods. ........................................................................................ 16 Section 5. Clean-Up Time. ........................................................................................................ 16 Section 6. Call-Out Pay............................................................................................................. 16 ARTICLE VIII – UNIFORMS ..................................................................................................... 16 ARTICLE IX- HOLIDAYS ......................................................................................................... 17 Section 1. Fixed Holidays: ....................................................................................................... 17 ARTICLE X- LEAVES ................................................................................................................ 18 Section 1. Sick Leave and Personal Business Leave ................................................................ 18 Section 2. Floating Holiday ...................................................................................................... 19 Section 3. Jury Duty .................................................................................................................. 19 ARTICLE XI - VOTING TIME ................................................................................................... 19 ARTICLE XII -WORKERS COMPENSATION ......................................................................... 19 Industrial Temporary Disability ................................................................................................ 19 ARTICLE XIII - BENEFIT PROGRAMS ................................................................................... 20 Section 1. Medical Insurance Plan. .......................................................................................... 20 Item 4
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ARTICLE XIV - RETIREMENT ................................................................................................. 20 Section 1. Part-time, Seasonal, Temporary (PST) Retirement Plan. ........................................ 20 Section 2. California Public Employees’ Retirement System (“PERS”). ................................ 21 Section 3. Retirement Contributions. ........................................................................................ 21 ARTICLE XV PARKING ........................................................................................................... 21 ARTICLE XVI PHYSICAL EXAMINATIONS ......................................................................... 22 ARTICLE XVII - SAFETY .......................................................................................................... 22 Section 1. Health and Safety Provisions. .................................................................................. 22 Section 2.................................................................................................................................... 22 Section 3. Safety Committee..................................................................................................... 22 ARTICLE XVIII - GRIEVANCE PROCEDURE ........................................................................ 23 Section 1.................................................................................................................................... 23 Section 2. Definition. ................................................................................................................ 23 Section 3. Conduct of Grievance Procedure. ........................................................................... 23 Section 4. Grievance Procedure. ............................................................................................... 25

ARTICLE XIX - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION ....................................................................................................................................... 27 Section 1.................................................................................................................................... 27 Section 2.................................................................................................................................... 27 Section 3. Preliminary Notice of Discipline ............................................................................. 27 Section 4. Skelly Meeting. ....................................................................................................... 28 ARTICLE XX – NO ABROGATION OF RIGHTS .................................................................... 28 ARTICLE XXI – OUTSIDE EMPLOYMENT ............................................................................ 28 ARTICLE XXII PROMOTIONAL/CONVERSION OPPORTUNITES ..................................... 28 ARTICLE XXIII – PROVISIONS OF THE LAW ...................................................................... 28 Section 1.................................................................................................................................... 29 Section 2.................................................................................................................................... 29 ARTICLE XXIV – COST REDUCTION PROGRAMS ............................................................. 29 ARTICLE XXV – TERM ............................................................................................................. 29 EXECUTED: ................................................................................................................................ 30 Appendix A - Job Classifications for SEIU Hourly Unit Personnel ............................................. 31 Appendix B - Salary Schedule ...................................................................................................... 42 Appendix C - Public Agency Retirement System (P.A.R.S.) Plan ............................................... 43

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MEMORANDUM OF AGREEMENT

City of Palo Alto and Local 521, SEIU

HOURLY UNIT

PREAMBLE

This Memorandum of Agreement is entered into by the City of Palo Alto (hereinafter referred to as the City) and Local 521 Service Employees International Union (hereinafter referred to as the Union). Employee, for the purposes of this Memorandum of Agreement, shall mean an employee assigned to a classification within the SEIU Hourly unit. This Memorandum of Agreement is pursuant and subject to Sections 3500 et, seq. of the Government Code of the State of California and Chapter 12 of the City of Palo Alto Merit Rules and Regulations.

ARTICLE I – RECOGNITION

Section 1. Pursuant to Sections 3500 et. seq. of the Government Code of the State of California and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations, the City recognizes the Union as the exclusive representative of a representation unit consisting of hourly employees who are regularly scheduled and who work a minimum of four hundred sixteen (416) hours per fiscal year. This does include PERS exempt employees. This does not include on call employees without regular schedules and who are hired to work occasionally for special projects. This does not include employees employed primarily to work seasonal or recreational programs and who may work intermittently outside their recreational season.

This unit shall for purposes of identification be titled the SEIU Hourly Unit, and includes employees in the classifications listed in Appendix A attached.

The City shall notify the Union in writing of the development of a new hourly classification and upon request will meet and confer regarding inclusion of the classification in the SEIU Hourly Unit.

The parties agree that hourly employees are considered to be in the bargaining unit while that employee is employed by the City of Palo Alto, when they work (including all paid hours) 416 hours or more within a fiscal year.

Any Limited Hourly employee that accumulates 416 hours worked or more within a fiscal year, shall be converted to the SEIU 521 Hourly Unit by the City of Palo Alto.

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Upon conversion of an eligible hourly employee from the Limited Hourly status to the SEIU 521 Hourly Unit status, all wages and benefits due the employee will be paid and provided to the employee. All current and retroactive wages and/or benefits shall be back dated to their eligibility date of their status and recognition, as a SEIU 521 Hourly Unit employee.

Section 2. No Discrimination. The City and Union agree that no person employed by or applying for employment hereto shall be discriminated against because of race, religion, creed, political affiliation, color, national origin, ancestry, union activity, age, disability, sexual orient ation, or gender.

The City and the Union agree to protect the rights of all employees to exercise their free choice to join the Union and to abide by the express provisions of applicable State and local laws.

ARTICLE II - UNION SECURITY

Section 1. Notice. When a person is hired in a job covered in Article I, the City shall notify that person that the Union is the recognized bargaining representative for the employee and give the employee a current copy of the Memorandum of Agreement.

When a group employee orientation is held for new employees of the bargaining unit, a Union Representative may make a presentation to such bargaining unit employees for the purpose of explaining matters of representation. New employees shall be required to attend orientation.

The Director of Human Resources may make an exception if extraordinary circumstances interfere with the employee’s ability to attend. If the Director grants an exception, the employee and Union shall be granted a thirty (30) minute p resentation at the employee’s report location for union orientation.

During the term of this agreement the City and the Union agree to explore ways in which Union access to new members can be improved.

Section 2. Documentation. The City shall supply the Union with the information described under subsections (a) and (b) of this Section:

(a) The City will provide SEIU, when available, with the name, job title, department, work location, work, home, personal cellular telephone number, personal email address, and home address of any new employee within 30 days of hire or by the first pay period of the month following hire.

(b) The City will provide SEIU with the list, enumerated above, of all information for all employees in the bargaining unit at least every 120 days unless more frequent.

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(c) The City shall supply the Union with the documentation required by California Assembly Bill 119.

(d) The Union shall supply the City, and as applicable, the employees, with the documentation required by Government Code Section 3502.5(f).

Section 3. Payroll Deduction.

(a) The City shall deduct Union membership dues, and any other mutually agreed upon payroll deduction, which may include voluntary COPE (Committee On Political Education) at the check -off area , from the bi- weekly pay of bargaining unit employees.

The Union will be the custodian of records for individual employee membership and dues deduction forms. The Union will maintain all authorizations for dues deductions signed by the individual from whose salary or wages the deduction or reduction is to be made. The City will direct employee requests to cancel or change deductions to the Union. Deductions may be revoked only pursuant to the terms of the employee’s written authorization. The City shall remit the deducted dues to the Union as soon as possible after deduction.

(b) Indemnification, Defense and Hold Harmless: Union agrees to indemnify and hold harmless the City and all officials, employees, and agents acting on its behalf, from any and all claims, actions, damages, costs, or expenses including all attorney’s fees and costs of defense in actions against the City, its officials, employees or agents as a result of actions taken or not taken by the City pursuant to this article.

Section 4. Bulletin Boards and Departmental Mail. The Union shall have access to inter -office mail, existing bulletin boards in unit employee work areas, and the existing Union-paid telephone answering device for the purpose of posting, transmitting, or distributing notice or announcements including notices of soci al events, recreational events, Union membership meetings, results of elections and reports of minutes of Union meetings. Any other material must have prior approval of the Human Resources Offic e. Action on approval will be taken within 24 hours of submission.

The Union may send email messages only for the purposes set forth above. The IT Department will maintain the SEIU list and keep it current. The Union access to email is based on the following conditions: 1) emails to the SEIU list will be copied to the H uman Res ource Director at distribution, 2) emails to the SEIU list will only be sent by the SEIU Chapter Chair, Vice Chair, Chief Steward(s) or Secretary, 3) a maximum of 52 emails may be sent per year and a maximum of 12 emails may be sent per year by the SEIU Chapter Secretary.

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Section 5. Access to Union Representatives. Representatives of the Union are authorized access to City work locations for the purpose of conducting business within the scope of representation, provided that no disruption of work is involved and the business transacted is other than recruiting of members or collecting of dues, and the Representative must notify the Human Resources Department Office prior to entering the work location.

Section 6. Meeting Places. The Union shall have the right to reserve City meeting and conference rooms for use during lunch periods or other non- working hours. Such meeting places will be made available in conformity with City's regulations and subject to the limitations of prior commitment.

Section 7. Notification to the Union. The Union shall be informed in advance in writing by Management before any proposed changes not covered by this Memorandum of Agreement are made in benefits, working conditions, or other terms and conditions of employment which require meet and confer or meet and consult process.

Section 8. Union Logo. All materials and documents produced on Itek and metal plates, by the City print and reproduction shop, shall carry the Union label on the inside of covers or title pages in accordance with customary printing trades practices.

Section 9. City Council Materials. The City shall make available to the Union in a timely manner copies of all City Council meeting agendas, minutes and schedule of meetings. These materials may be picked up at the City Clerk's Office during business hours.

Section 10. Temporary Agency Reporting. Upon request, the City shall provide the Union reports by department on the use of agency temporaries filling representation unit vacant positions, or doing work similar to that of representation unit classifications.

Section 11. Job Postings. Job postings for classification positions covered by this Agreement shall include a statement that the position is covered by this Collective Bargaining Agreement and that union dues may be required.

Section 12. Contracting Out. The City through the labor management process will keep the Union advised of the status of the budget process, including any formal budget proposal involving the contracting out of SEIU bargaining unit work traditionally performed by bargaining unit members at least thirty (30) days prior to the release of the City Manager’s proposed budget.

The City will notify the Union in writing at least ninety (90) days prior to contracting work which has been traditionally performed by bargaining unit members, where such contracting will result in layoff or permanent reduction in hours. Within the ninety (90) day period of contracting out, both parties may offer alternatives to contracting out and meet and confer on the impact of such contracting out of a bargaining unit employee work.

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The City will collaborate with the Union regarding the potential result of a layoff of bargaining unit members. The City will provide all available job opportunities within the City of Palo Alto and/or the contracting out agency or entity to the Union. The Union will communicate with impacted bargaining unit members with regards to any interest a member may have in securing another job position, in lieu of a layoff, whenever possible.

The City will notify the Union in writing when contracting out work which has been traditionally performed by bargaining unit workers, where such contracting out is expected to replace a laid off bargaining unit position that has been eliminated within ninety (90) days prior to the date of the planned contract work. When feasible, the City will provide such notice prior to the beginning date of the planned contract work. The City will meet with the Union upon request to discuss alternatives. This provision does not apply to the filling of temporary vacancies of twelve (12) months or less duration.

The City will provide the Union with a biannual list by department of all contract workers or vendors who are contracted by the City who perform work for the City. The City will make a reasonable effort to identify the names of the vendors on the list and the nature of the work provided by each vendor.

Section 13. New Employee Procedure/Process.

New employees hired and assigned to classifications covered by the SEIU Unit shall be advised by the City that Local 521, Service Employees International Union, is the recognized bargaining representative in said unit. The City agrees to distribute to all new employees in the SEIU Unit a reasonable amount of materials provided by the Union at its expense.

The City will provide the Union written notice in accordance with California Assembly Bill 119, a list of employees attending the City’s new employee orientation that includes each employee’s identification number, name, job classification, department, work location (title and address), work phone number (if available in the payroll system), work email address (if available in the payroll system), hire date, and, subject to the individual employee’s consent, the employee’s home address, personal mobile number, home phone number, and personal home email address.

A representative(s) of the Union shall be permitted to make a thirty (30) minute presentation and present written materials during a portion of the orientation for which attendance is mandatory. No representative(s) of management shall be present. One steward or chapter officer shall be granted release time for this purpose.

ARTICLE III. – STEWARDS

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Section 1. Designation. The Union agrees to notify the Director of Human Resources of those individuals designated as Union officers and Stewards who receive and investigate grievances and represent employees before Management. Alternates may be designated to perform Steward functions during the absences or unavailability of the Steward.

Section 2. Release Time. It is agreed that, as long as there is prior notice to the Supervisor with no disruption of work, one (1) Steward shall be allowed reasonable release time away from their work duties, without loss of pay, to act in representing a unit employee or employe es on grievances or matters within the scope of representation, including:

(a) A meeting of the Steward and an employee, or employees of that unit related to a grievance.

(b) A meeting with Management.

(c) Investigation and preparation of grievances.

Grievances may be transmitted on City time.

All Steward release time shall be reported on timecards using Internal Order 80005 or its successor and a short -text notation describing the nature of the release time (e.g. “Steward release time”, “bargaining release time”, “Labor-Management Committee release time”, etc.).

Section 3. Advance Notification and Approval. The Union agrees that the Steward shall give advance notification to their supervisor and receive permission before leaving the work location, except in those cases involving emergencies where advance notice cannot be given.

Management permission to leave the worksite under this section shall not be unreasonably denied.

Section 4. Timecard Reporting. One Union Steward per affected Department, who is a City employee, shall be allowed a reasonable amount of release time off for purposes of meeting and conferring or meeting and consulting on matters within the scope of representation. All such time will be reported on timecards using Internal Order 80005 or its successor and a short -text notation describing the nature of the release time (e.g. “Steward release time”, “bargaining release time”, “Labor-Management Committee release time”, etc.).

Section 5. Storage of Union materials. Union Stewards may utilize space in assigned desks for storage of Union materials. In the event Stewards are not assigned desks the City will provide locker or other mutually agreeable space for storage of Union materials.

Section 6. Labor/Management Meetings. Two Hourly Unit employees from different divisions shall be allowed a reasonable amount of release time off to participate in monthly Labor/ Management Meetings. Such meetings may be included with the Classified Unit’s Item 4
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Labor/Management meetings if appropriate. Such time shall be reported using Internal Order 80005 or its successor and a short -text notation describing the nature of the release time (e.g. “Labor-Management Committee release time”, etc.).

ARTICLE IV. - REDUCTION IN FORCE

For the purposes of this Section, length of service shall be defined as all straight time hours worked by that employee for the City of Palo Alto.

Section 1. In the event of reductions in force, reductions shall be accomplished whenever possible through attrition.

Section 2. Notice. When the City determines that layoffs are imminent resulting from reduction in force within the representation unit, the City will give the Union such advance notice as is reasonable under the circumstances. The notice will indicate the departments and divisions which will be affected and the circumstances requiring the layoffs. The City will furnish the Union with a current representation unit seniority list with notice of layoff.

Section 3. Seniority and Service Ties. If the work force is reduced within a department, division, or office for reasons of change in duties or organization, abolition of position, shortage of work or funds, or completion of work, employees with the shortest length of service will be laid off first so long as employees retained are fully qualified, trained, and capable of performing remaining work. Length of service for the purpose of this article will be based on current service hire date of record in an hourly classification with no adjustment for leaves of absence. Length of service ties will be determined by lot.

Employees laid off due to the above reasons will be given written notice at least thirty (30) days prior to the reduction in force. A copy of such notice will be given to the Union. Such employees shall be offered priority employment rights to hourly posit ions which are requisitioned and for which the employees are qualified for a period beginning with notification and ending sixty (60) days following the reduction in force. Employees transferred or reclassified under this section will be assigned to the step in the new classification salary range closest to the employee's salary range at the time of reclassification.

Employees laid off pursuant to this section shall receive the balance of all regular City compensation owed at termination within 72 hours of the date of termination. This does not include any amounts payable as PERS contribution refunds, if any.

Section 4. Bumping Rights. Employees identified for layoff who have seniority (bumping) rights to their current or previously held classification within the representation unit must declare their intention to exercise these rights within seven (7) regularly scheduled working days after written notification of layoff, otherwise bumping rights will automatically terminate. Bumping may occur within the representation unit, only to the least senior incumbent of the current or a previously Item 4
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held classification. To successfully bump, the employee must be qualified, and capable of performing all work in the position bumped. An employee who declares bumping rights may not also claim priority re-employment rights. For purposes of this section of the Agreement, the term "working days" shall mean Mondays through Fridays, exclusive of holidays.

When employees declare their intention to exercise their seniority (bumping) rights, the City will provide the Union with a current list of the least senior incumbents to their current or previously held classification, within five (5) working days from th e date employees exercise their seniority (bumping) rights, with the mutual goal to offset a potential lay-off of the impacted employee(s).

Employees who are in jeopardy of being laid off and have waived their right to bump or when there are no positions that exist within the current or previously held classification for the employees to exercise their right to bump, employees will have priority hiring rights for any vacant budgeted positions within the City. For the purposes of this section, priority hir ing is defined as sole consideration by the hiring manager for any position where the employee meets the minimum qualification or through a c ombination of knowledge and experience can be reasonably assumed to meet the minimum qualifications. No other internal or external candidates will be considered until a final determination has been made by the hiring manager in regard to the priority hire. If more than one (1) employee in jeopardy of being laid off exercises their priority hiring status, then all employees with priority hiring status will be considered simultaneously. This section shall not constitute any guarantees to appointment of pos itions or expansion of bumping rights.

When employees exercise their priority hiring status rights, the City will provide the Union with a current list of all vacant budgeted positions at the City within five (5) working days from the date the employees exercise their priority hire status, with the mutual goal to offset a potential lay-off of the impacted employee(s).

When an employee secures a position with the City through the priority hire process, all reasonable measures will be taken to ensure and support a successful transition into their new position.

Section 5. Re-Employment List. The names of persons laid-off or who through bumping changed classification in accordance with the provisions of this Article shall be entered upon a re - employment list in seniority order. The person with the highest seniority on a division re - employment list for a particular classification when a vacancy exists in that classification in that division shall be offered the appointment. Names shall be carried on a re -employment list for a period of one (1) year from the date of separation from City services or change of classification through bumping. Upon re-employment within the one-year period, the employee's hire date of record at the time of layoff will be reinstated.

Section 6. Reinstatement. Employees laid off pursuant to Section 2 who are reinstated to regular position within sixty days shall retain the sick leave balance they had at the time of layoff.

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Section 7. No representation unit employee will be laid off or remain on a re -employment list when intermittent hourly and seasonal hourly employees are performing substantially all the duties of the classification of the hourly employee receiving a layoff notice or on a re-employment list.

ARTICLE V. - PERSONNEL ACTIONS

Section 1. Probationary Period. Each new employee shall serve a probationary period of twelve (12) months of continuous employment calculated from the employee’s date of hire in a covered classification and excluding all periods of leave and light duty assignments. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the effective adjustment of a new employee to their position, and for rejecting any probationary employee whose performance does not meet the acceptable standards of work. At least one written performance appraisal will be given to each probationary employee on or before expiration of the probationary period. Normally, this appraisal will be given at the end of six months.

In the event of termination prior to successful completion of the probationary period, such terminated employee shall be given written notice of their termination with the reasons for the termination stated therein. The Human Resources Department shall, upon request, afford an interview in a timely fashion to the terminated employee for discussion of the reasons for termination. The employee may, upon request, be accompanied by a Union Representative. The interview shall not be deemed a hearing nor shall it obligate the City to reconsider or alter the termination action.

The parties agree that probationary employees shall have all rights under this Memorandum of Agreement, including full and complete access to the grievance procedure, save and except for instances of suspension, demotion or termination.

Section 2. Personnel Evaluations. Personnel evaluations will be given to employees as scheduled by Management. Personnel evaluations are not appealable subject to appeal through the grievance procedure but, in the event of disagreement over content, the employee may request a review of the evaluation with the next higher level of Management, in consultation with the Human Resources Department. For purposes of this review, the employee may be represented by the Union. Decisions regarding evaluation review shall be made in writing within ten (10) working days following the review meeting.

Section 3. Personnel Files. Records of all disciplinary actions shall be kept in the central personnel file. Employees shall be entitled to sign and date all action forms in their personnel files.

Employees are entitled to review their personnel files upon written request or to authorize, in writing, review by their Union Representatives. An employee or the Union shall be allowed, upon reasonable request, copies of materials in an employee's personnel file relating to a grievance.

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Section 4. Release of Information. The City will only release information to creditors or other persons upon prior identification of the inquirer and acceptable reasons for the inquiry.

Information then given from personnel files is limited to verification of employment, length of employment and verification and disclosure of salary range information. Release of more specific information may be authorized by the employee in writing.

Section 5. Full Time Opportunities. Full time job opportunities for classifications within the Hourly unit and the Classified unit will be posted for at least one (1) week prior to selection.

Outside recruitment may be used for full time openings and may begin at the time of posting, or any time thereafter.

Section 6. Equitable Rotation. In assigning employees to regular schedules or special assignments, transfer, standby, overtime, or time off selection, ability to perform the work, length of service and/or equitable rotation shall determine the assignments.

Section 7. Internal Eligibility. Non-probationary employees in the Hourly Unit are eligible to apply for any posted SEIU Classified Unit promotional employment opportunity. Such participation shall be on the same basis and on the same terms as applies to internal Classified Unit applicants, except as provided otherwise by the terms of the applicable City -SEIU Classified Unit MOA or other applicable agreement between the City and the SEIU Classified Unit. Unless otherwise provided by the City -SEIU Classified Unit MOA or other applicable agreement between the City and the SEIU Classified Unit, the seniority of an Hourly Unit applicant shall be determined by total hours worked divided by two thousand eighty (2080). The parties acknowledge that this paragraph will have effect only upon written agreement between the City and SEIU Classified Unit to permit its application and for the duration of such agreement.

ARTICLE VI - PAY

Section 1. Wages. Base wage rates and ranges of covered classifications are set forth in Appendix B (Salary Schedule) of this Memorandum of Agreement and reflect the following increases:

General Salary Increase: Effective the first full pay period following the adoption of the MOA by City Council, the salary ranges of all represented classifications will be increased by three percent (3.0%).

General Salary Increase: Effective the first full pay period following July 1, 2026, the salary ranges of all represented classifications will be increased by three percent (3.0%).

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Section 2. Step Increases. Hourly employees are to be given a performance review after six months from date of hire and annually thereafter; improvement, efficient and effective service will warrant a salary step increase. Subsequent salary reviews are based on performance appraisals and will depend upon demonstrated satisfactory job performance. If an employee’s performance evaluation is delayed past the employee’s review date and the reviewing manager determines that the employee’s demonstrated job performance warrants the step increase, the increase shall take effect retroactive to the employee’s originally scheduled review date.

(a) City Departments may elect to provide step level increases to a SEIU Hourly employee at any time during their employment with the City. The department may elect a merit step level increase based on an employee’s outstanding job performance at any time.

(b) Employees promoted within the SEIU Hourly classifications shall be placed at the closest wage step to their current hourly rate; this can never result in a loss in pay to the employee.

Section 3. Working Out of Classification. The term ‘working out of classification”, also referred to as WOC, is defined as a Management authorized assignment to a budgeted Hourly Unit position or a General Unit position on a temporary basis, wherein all significant duties are performed by an individual holding a classification within a lower compensation range.

The WOC position serves as a temporary measure to cover a vacancy in the Hourly Unit or the General Unit for a reasonable short-term timeframe. For any timeline extensions of the WOC position, the City and the Union will communicate via phone or e -mail and/or meet to discuss the status of the WOC extension. The Union agrees that it shall not unreasonably withhold agreement for a reasonable extension of a reasonable duration for any SEIU/City WOC position.

The City agrees that it shall provide an ongoing recruitment effort pertaining to the vacant WOC position in a timely and reasonable manner.

Pay for working out of classification shall be as follows:

Employees appointed on a “working out of classification” basis will receive acting pay within the range of the higher classification beginning the first (1st) workday of the assignment.

Pay for working out of classification will be determined by the salary step of the higher classification which the employee would be compensated, if permanently appointed to that classification.

Employees in the working out of classification position, shall be placed at the closest higher pay step level to their current hourly rate.

Section 4. Direct Deposit. Beginning in the first pay period following union ratification and adoption of this Agreement by the City Council, the City shall directly deposit all paychecks for Item 4
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Unit employees in a financial institution of the employee’s choice that accepts direct deposits and does not charge the City a fee(s) for direct deposit service. In the event that the employee fails to designate a financial institution for direct deposit of his or her payroll check, the employee shall pick up the check personally in the City’s Administrative Services Department office on the next business day following payday at a pickup time designated by Administrative Services.

ARTICLE VII - HOURS OF WORK, OVERTIME

Section 1. Work Week and Work Day. The workweek for hourly employees shall be no greater than forty (40) regularly scheduled hours. An employee will work the hours assigned by the employee’s supervisor. Overtime work must be approved by a supervisor prior to being performed.

Section 2. Overtime Work. An employee will receive overtime at the rate of time and one -half for all hours paid after 40 hours in a workweek.

Section 3. Work Shifts. Employees may be assigned to work shifts with scheduled starting and quitting times. For employees assigned to a regular work shift, should conditions necessitate a change in starting and quitting times, the Employee will be notified ten (10) working da ys in advance and permitted to discuss such changes with the City. The Employee may request the presence of the ir Union Representative at the meeting with the City. This however, shall not preclude the City’s right to effect schedule changes dictated by operational necessity, nor shall this provision apply to day -to-day changes needed to cover short- term unexpected absences.

This section does not apply to overtime scheduling.

Section 4. Lunch and Break Periods. Employees will be granted a minimum half hour (1/2 hour) unpaid meal break after five (5) hours of work, unless the entire shift is only six (6) hours, in which case the employer and employee may agree to forgo the meal break. If dictated by the operational needs of a department, and upon agreement by the City and the Union, employees may take an “on duty” lunch period which shall be counted as time worked.

All employees in the bargaining unit will be granted a paid rest period limited to fifteen (15) minutes during each full four (4) hours of work. Departments may make reasonable rules concerning rest period scheduling.

Section 5. Clean-Up Time. All employees whose work causes their person or clothing to become soiled shall be provided with reasonable time before lunch and at shift end for wash-up purposes.

Section 6. Call-Out Pay. Employees not otherwise excluded from receiving overtime pay and who are called out to perform work shall be compensated for at least two hours pay from the time of the call-out for each occurrence at the appropriate overtime rate.

ARTICLE VIII – UNIFORMS

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The City will provide uniforms, coveralls or shop coats on a weekly basis, or as otherwise furnished, for the jobs and/or classifications that the City requires such apparel.

Employees required to wear uniforms shall be provided suitable change rooms and lockers where presently provided.

Employee clothing seriously damaged or destroyed in conjunction with an industrial injury will be reasonably replaced by the City. Any other claims alleging City liability may be filed with the City Attorney.

The City shall reimburse employees 75 percent of the cost of job -required safety shoes upon verification of such purchase by the employee.

The City will provide rainy weather protection when and where appropriate.

The City and the Union will work through the Labor Management process to further develop guidelines for providing uniforms and reimbursements.

ARTICLE IX- HOLIDAYS
Section 1. Fixed Holidays:

January 1
Third Monday in January (Martin Luther King Day)
Third Monday in February
Last Monday in May
July 4
First Monday in September
Second Monday in October
Veterans' Day, November 11
Thanksgiving Day
Day after Thanksgiving
December 25
Either December 24 or December 31

a) Employees who work a regular schedule shall receive holiday pay for the hours they would otherwise be scheduled to work, due to a closure on a Fixed City Holiday.

b) Employees who work on a holiday that is an employee’s regular scheduled workday, will receive time and one half for all hours worked on a holiday in addition to any regular holiday pay, for all hours worked on a holiday.

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c) Employees who work on a holiday that is an employee’s non-regular scheduled workday, will receive time and one half for all hours worked on a holiday. Employees will not receive regular holiday pay.

d) SEIU 521 Hourly Unit employee workdays are defined as Monday-Sunday. e) When a City Fixed Holiday falls on a weekend day, the City recognizes the Holiday on the weekday before or the weekday after the City Fixed Holiday. f) The following five (5) City Fixed Holidays may fall on weekend days:

January 1, July 4, Veterans’ Day -November 11, December 25 and Either December 24 or December 31.
g) Due to a closure on a City Fixed Holiday that falls on a weekend day, employees who are regularly scheduled to work weekend days and do not work on the weekday before or after the City Fixed Holiday, shall receive holiday pay for the hours they would otherwise be scheduled to work.
h) Employees who work on a holiday that is an employee’s regular scheduled weekend workday that falls on a City Fixed Holiday and do not work on the weekday before or after the City Fixed Holiday, will receive time and one half for all hours worked on a holid ay in addition to any regular holiday pay for all hours worked on the holiday. i) Employees who work on a holiday that is an employee’s non-regular scheduled weekend workday that falls on a City Fixed Holiday and do not work on the weekday before or after the City Fixed Holiday, will receive time and one half for all hours worked on a h oliday.

Employees will not receive regular holiday pay.

ARTICLE X- LEAVES

Section 1. Sick Leave and Personal Business Leave

a. Sick Leave
The City shall provide each employee with paid sick leave, earned on the basis of 0.03 hours for each hour paid. Sick leave shall be allowed and used in cases of actual personal sickness or for the care of an immediate family member, including a registered domestic partner, or disability, medical or dental treatment. There will be no pay out of sick leave upon the employee’s termination. If an Hourly Unit member is hired into a permanent position in the General Employee bargaining unit, he or she will retain his or her accumulated sick leave balance.

b. Personal Business Leave
Effective January 1, 2015, up to ten (10) hours per year of sick leave may be used as authorized for Personal Business Leave.

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Section 2. Floating Holiday

Effective January 1, 2024, the SEIU Hourly Unit employees shall be excused with pay for the hours they would otherwise be scheduled to work, for one (1) day within each calendar year, which is mutually agreed to by the employee and their supervisor.

The one (1) floating holiday will be deemed forfeited and have no cash value, if not used each calendar year.

Section 3. Jury Duty

Employees required to report for jury duty shall be granted a leave of absence with pay from their assigned duties for hours that they are regularly scheduled to work consistent with the requirements of the City's Merit System Rules and Regulations.

ARTICLE XI - VOTING TIME

When the employee is unable to vote outside the employee’s work hours, time off with pay to vote in any general or direct primary election shall be granted as provided in the State of California Election Code, and notice than an employee desires such time off shall be given in accordance with the provisions of said Code.

ARTICLE XII -WORKERS COMPENSATION

Industrial Temporary Disability.

(a) While temporarily disabled, employees shall be entitled to use accrued sick leave for the first three (3) days following the date of injury and thereafter shall be paid based upon hourly salary for a period not to exceed fifty-seven (57) calendar days, unless hospitalized, in which case employees shall be paid full base salary for a period not to exceed sixty (60) days from date of injury.

(b) For any temporary disability continuing beyond the time limits set forth in (a) above, employees shall be paid two -thirds (66 2/3%) of their hourly salary at the time of injury for the duration of such temporary disability in conformance with the State law.

(c) In case of Subsection (a) above, the employee will continue to accrue sick leave benefits.

In the case of Subsection (b), sick leave benefits shall not be accrued.

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ARTICLE XIII - BENEFIT PROGRAMS

Section 1. Medical Insurance Plan.

In lieu of providing a medical plan the City provides a medical stipend. This stipend does not apply and will not be payable to employees who are California Public Employee Retirement System annuitants already receiving medical benefits through that system. For the term of this agreement the medical stipend is set at the following amounts:

Effective the first full pay period following the adoption of the MOA by City Council, the medical stipend shall be increased by four percent (4.0%) for a total of $3.96 per hour in paid status.

Effective the first full pay period following July 1, 2026, the medical stipend shall be increased by four percent (4.0%) for a total of $4.11 per hour in paid status.

If the State of California or federal government adopt or mandate a plan that requires the City to pay in whole or in part for medical services or coverage for employees in the bargaining unit, the stipend provided in this paragraph shall be reduced or cease to the extent of required payments toward the state or federal plan, as applicable. Before implementation of a change, the City shall notify the Union of the amount of the offset and provide an opportunity to meet to discuss the calculation of the amount.

Such discussion shall occur within fifteen (15) working days after the City gives notice to the Union. The City’s calculation of the amount of the offset shall be based on the aggregate number of hours worked in the bargaining unit during the fiscal year preceding that in which the state or federal plan takes effect.

The City and SEIU will continue to investigate the feasibility of providing Employees with access to medical insurance. Such information will be shared during negotiations for a successor Memorandum of Agreement.

ARTICLE XIV - RETIREMENT

Section 1. Part-time, Seasonal, Temporary (PST) Retirement Plan. Employees in the Hourly Unit shall participate in the City of Palo Alto PST Retirement Plan , except as described in section 2 below. The plan, summarized in Appendix C, was adopted by the City on June 25, 1994 as a retirement plan alternative for part -time, seasonal and temporary employees to replace Social Security and is currently administered by Public Agency Retirement Services (“PARS”) . The City of Palo Alto does not deduct the social security portion of the FICA (Federal Insurance Contribution Act) tax. The City does deduct the Medicare portion of the FICA tax. All hourly employees are required to contribute 7.5% of their salary into the PST Retirement Plan.

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Section 2. California Public Employees’ Retirement System (“PERS”).

PERS annuitants are excluded from participation in the P.S.T. Retirement Plan. Employees in the Hourly Unit who have previously participated in and remain members in the California Public Employee Retirement System (“PERS”) or are otherwise required by law to be enrolled in CalPERS shall participate in P.E.R.S. to the extent required by law, in lieu of participation in the P.S.T.

Retirement Plan. For example, CalPERS currently requires enrollment of most employees who work over 1000 hours in a fiscal year. Enrollment in CalPERS will be completed consistent with CalPERS rules and regulations.

Participation in CalPERS shall be under the retirement formula and cost share in effect at the time the employee is hired into the Hourly Bargaining Unit unless otherwise required by law. If any changes to the CalPERS cost share are negotiated b y the City of Palo Alto and SEIU 521 R egular Unit, then those changes will apply to any SEIU hourlies enrolled in the CalPERS system. The City and the SEIU 521 union will notify all SEIU hourlies enrolled in the CalPERS system via written notification within 2 pay periods, when there are any changes to the CalPERS cost share.

Section 3. Retirement Contributions.
a. PST Retirement Plan Contributions. Employees enrolled in the PST Retirement Plan shall contribute seven and one half percent (7.5%) of wages toward that Plan. b. PERS Employee Contributions. Employees enrolled in the PERS retirement system shall pay the full amount of the applicable employee contribution required by CalPERS for the PERS formula in which the employee is enrolled, as may be changed by CalPERS from time to time.
c. Current contributions are as follows:
(1) 2.7% at 55 Formula: eight percent (8%)
(2) 2% at 60 Formula: seven percent (7%)
(3) 2% at 62 Formula: contribution required by the Public Employees’ Pension Reform Act, calculated at fifty percent (50%) of the normal cost. (4) 1% Cost share of employer contribution for all plans

ARTICLE XV PARKING

Employees are covered by the City’s administrative policy for Hourly parking permits , which includes the following provisions:

Permits will be issued for University Avenue Parking Structures only.

To be eligible for a parking permit, an hourly employee must work at least 2.5 hours per day for a consistent period of time (this assumes the need to walk back and forth to a garage). If the employee works less than 2.5 hours, they can park, without penalty, in downtown garages given the current 3 hour parking limit.

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The hourly employee must obtain a signed letter from his or her Department Head verifying the employee’s “consistent” and greater than 2.5 hour schedule for a parking permit and submit the letter with the request for a parking permit.

The parking permit is issued and tracked by Revenue Collections, and is not transferrable.

The employee must return the parking permit to Revenue and Collections upon a change to less than a 2.5 hour consistent schedule or termination of employment.

ARTICLE XVI PHYSICAL EXAMINATIONS

If an employee who is required to have a City -provided physical examination not related to workers' compensation programs disagrees with the findings of the City -sponsored physician, they may consult with their own physician at their own expense and, if their private physician's report conflicts with that of the City physician in terms of ability to work at their regular job, then they may request an evaluation of their problem through a third physician mutually agreed upon by the employee and the City. Cost for the third examination will be equally shared and the decision of this physician concerning the continuing ability of the employee to perform their work in their regular job without exposing themselves to further injury as a result of their condition shall be the basis for returning the employee to their regular work.

ARTICLE XVII - SAFETY

Section 1. Health and Safety Provisions. The City shall furnish and use safety devices and safeguards and shall adopt use practices, means, methods, operations and processes which are reasonably adequate to render such employment and place of employment safe, in conformance with applicable safety regulations under the State Labor and Administrative Code sections.

The City shall not require or permit any employee to go to or be in any employment or place of employment which is not safe.

Section 2. Union will cooperate with the City by encouraging all employees to perform their work in a safe manner.

Section 3. Safety Committee. A Safety committee composed of Management and Union Stewards will meet no less than ten times annually to discuss safety practices, methods of reducing hazards, and to conduct safety training. This shall in no way remove the basic responsibility of safet y from Management nor shall it in any way alter the responsibility of the employee to report unsafe conditions directly and immediately to his or her supervisor.

Three (3) Hourly employees will participate in the ten -member Citywide Union/Management safety committee with equal Union and Management membership that will meet, upon call, to review safety and occupational health standards and practices, discuss overall City safety and Item 4
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health problems, and to act as an advisory group to the departmental safety committees. The committee shall review all departmental safety programs and recommend change where necessary. The three (3) Hourly participants shall report such time on timecards, using Internal Order 80005 or its successor in conjunction with a short- text entry describing the nature of the time spent (e.g. “City-wide Union-Management Safety Committee”).

In cases of dispute over safe working conditions the employee will first report such unsafe conditions to his or her supervisor and every attempt will be made to rectify the problem at this level. The employee may contact his or her Steward to assist in th e resolution of the dispute. If the problem cannot be resolved the Risk Manager will be contacted and the problem will be addressed through the interpretation of the basic safety rules and regulations. Should the problem not be resolved at this step, the g rievance procedure will be used. Safety grievances shall be submitted at Step III.

ARTICLE XVIII - GRIEVANCE PROCEDURE

Section 1. The City and the Union recognize that early settlement of grievance or appeal of disciplinary actions is essential to sound employee -employer relations. The parties seek to establish a mutually satisfactory method for the settlement of employee grievances, or appeal of disciplinary action, or Union grievances as provided for below. In presenting a grievance or appeal of disciplinary action, the aggrieved and/or their representative is assured freedom from restraint, interference, coercion, discrimination or reprisal. Release time for investigation and processing a grievance or appeal of disciplinary action is designated in Article IV of this Memorandum of Agreement (MOA).

Section 2. Definition. A grievance is:

(a) An unresolved complaint or dispute regarding the application or interpretation of rules, regulations, policies, procedures, Memorandum of Agreement or City ordinances of resolution, relating to terms or conditions of employment, wages or fringe benefits, excluding however those provisions of this MOA 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 or appeal of disciplinary action procedure.

(b) An appeal from a disciplinary action of any kind against an employee covered by this Memorandum of Agreement. Disciplinary action is defined as suspensions without pay, reductions in pay, demotion or discharge. Reprimands, transfers, reassignments, layoffs, and negative comments in performance evaluations are not considered discipline.

Section 3. Conduct of Grievance Procedure.

(a) An aggrieved employee may be represented by the Union or may represent themselves in preparing and presenting a grievance at any level of review. Grievances may also be Item 4
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presented by a group of employees. No grievance settlement may be made in violation of an existing merit rule or memorandum of agreement. The Union will be notified prior to the implementation of any settlement made which affects the rights or conditions of other employees represented by the Union. The Union and the Steward will be copied on all written representation unit grievance decisions.

(b) An employee and the Representative Steward, if any, may use a reasonable amount of work time so long as there is no disruption of work, in conferring about and presenting a grievance. Requests for release time to prepare a grievance shall be made in accordance with the provisions of Article III, section 3. Beginning with the third step of the grievance procedure, the Chief Steward or Alternate Chief Steward may assist in presenting a grievance and may be present at all Step III, and IV grievance hearings.

(c) The time limits specified in this Article may be extended by mutual agreement in writing of the aggrieved employee or the Union and the reviewer concerned.

(d) Should a decision not be rendered within a stipulated time limit, the aggrieved employee may immediately appeal to the next step.

(e) The grievance may be considered settled if the decision of any step is not appealed within the specified time limit.

(f) If appropriate, the aggrieved employee(s) or the Union and the Department Head may mutually agree to waive Step I and/or Step II of the grievance procedure.

(g) Grievances shall be made in writing and submitted on forms provided by the City or on forms which are mutually agreeable to the City and Union. The written grievance shall contain clear, factual and concise language including: (1) the name of the grievan t, (2) a statement of the facts upon which the grievance is based, including relevant dates, times and places, (3) specific provisions of the Agreement or specific City rules, policies, or procedures which the party filing the grievance alleges has been violated; (4) a summary of any steps taken toward resolution, and (5) the action the grievant believes will resolve the grievance.

(h) Any retroactivity on monetary grievances shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three months before the grievance was filed in writing.

(i) If the grievance is filed by more than one employee in the bargaining unit, the Union may, at its option, convert it to a Union grievance after Step II of the grievance procedure. The Union may also file a grievance in those instances when, under this Memorandum of Agreement, a Union right not directly related to an individual employee becomes the Item 4
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subject of dispute. Union grievances shall comply with all of the foregoing provisions and procedures.

(j) For purposes of time limits, “working days” are considered to be Monday through Friday, exclusive of City holidays.

(k) If a mutually agreed solution is reached during any step of this grievance procedure, the agreement shall be placed in writing and signed by the City and the grievant or union.

(l) Upon request of either party, meetings to discuss the grievance shall be held at any step in the grievance procedure.

Section 4. Grievance Procedure.

Step I. Informal Discussion. Within fifteen (15) working days after the incident or discovery of the incident on which the grievance is based the aggrieved employee shall present the grievance action to their immediate supervisor and attempt to resolve the grievance through informal discussions. Every attempt will be made to settle the issue at this level.

Step II. If the grievance is not resolved through the informal discussion in Step 1 , the employee will reduce the grievance to writing and submit copies to the Department head or their designee within fifteen working days of the discussion with the immediate supervisor.

The Department Head or designee shall have fifteen working days from the receipt of a written grievance to review the matter and prepare a written statement.

Step III. If the grievance is not resolved and/or the aggrieved employee is not satisfied with the Step II decision, the grievant or disciplined employee may appeal to the Human Resource Director or their designee in writing within fifteen working days of the receipt of the Department Head's response. The written appeal to the Human Resources level shall include a copy of the original grievance, the Department Head’s decision at Step II, and a clear statement of the reasons for appeal.

Within fifteen working days, after receiving the written appeal, the Human Resource Director shall review the matter and prepare a written statement. If a mutually agreed solution is reached during this process the agreement shall be placed in writing and signed.

Step IV . If a grievance as defined under 2(a) above is not resolved at Step III, the aggrieved employee may choose between final and binding resolution of the grievance through appeal to the City Manager or through appeal to final and binding arbitration. For the term of this Memorandum of Agreement, appeals to final and binding arbitration may be processed only with Union approval. All Step IV appeals must be filed in writing at the Human Resources Department Item 4
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Office within fifteen working days of receipt of the Human Resource Director’s decision at Step

3. If the grievant or appellant elects final and binding resolution by the City Manager, the City Manager will choose the methods he or she considers appropriate to review and settle the grievance or appeal of disciplinary action. The City Manager shall render a written decision to all parties directly involved within fifteen working days after receiving the grievant/appellant’s appeal.

If the grievant/appellant elects final and binding arbitration in accordance with this provision, the parties shall mutually select an arbitrator within 90 days from the date of receipt of the written request for appeal. In the event the parties cannot ag ree on an arbitrator, they shall mutually request a panel of five arbitrators from the California State Conciliation Service or from the American Arbitration Association if either party objects to the State Conciliation Service , and select an arbitrator by the alternate strike method.

The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of this Memorandum of Agreement and such Merit System Rules, regulations, policies, procedures, City ordinances, resolutions relating to terms or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances or appeal of disciplinary action appealed to the arbitrator. The arbitrator shall be without power to make any decision contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum Of Agreement, grant wage increases or decreases, or to decide matters of interest.

The arbitrator shall be without authority to require the City to delegate or relinquish any powers which by State law or City Charter the City cannot delegate or relinquish. Where either party seeks arbitration and the other party claims the matter is not subject to the arbitration provisions of this Memorandum of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards and criteria set forth in Article XX and without regard to the merits of the grievance or appeal of disciplinary action. If the issue is held to be arbitrable, the arbitration proceedings will be recessed for up to five working days during which the parties shall attempt to resolve the grievance. If no resolution is reached, the arbitrator will resume the hearing and hear and resolve the issue on the merits.

Copies of the arbitrator's decision shall be submitted to the City, the aggrieved employee and the Union. All direct costs emanating from the arbitration procedure shall be shared equally by the City and the aggrieved employee or the Union.

A grievance as defined under Section 2(b) above (demotion, suspension, reduction in pay or te
rmination) that remains unresolved after the conclusion of step III of the grievance procedure, shall be reviewed by a City Hearing Officer. Appeals to a City Hearing Officer must be filed with the Human Resources Director in writing within fifteen (15) working days of the receipt of the Item 4
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Step III Grievance response. Within sixty (60) working days, the City Hearing Officer shall review the matter, hold a hearing with the City and the affected worker, and prepare a written recommendation to the City Manager.

The City Manager shall issue a final and binding decision within fifteen (15) working days after receipt of the City Hearing Officer's recommendation. The City Manager may accept, reject or modify the City Hearing Officer’s recommendation. The City Manag er's decision shall be final, binding and not be subject to further appeal.

ARTICLE XIX - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION

Section 1. Right to Discipline

The City has the right to discipline, demote, or discharge employees for cause.

Section 2. Written Notice

Non-probationary employees whose work or conduct is unsatisfactory but not sufficiently deficient to warrant discipline, demotion, or discharge will be given a written notification of unsatisfactory work or conduct and an opportunity to improve. Failure to correct deficiencies and improve to meet standards may result in discipline, demotion, or discharge. Discipline is defined as suspensions without pay, reduction in pay, demotion, or discharge. Reprimands, transfers, reassignments, layoffs, and negative comments in performance evaluations are not discipline and shall not be subject to the requirements of this Article.

Section 3. Preliminary Notice of Discipline. Prior to imposing disciplinary action involving a disciplinary suspension, demotion, reduction in pay, or discharge of a non -probationary employee, a supervisor shall provide an employee with preliminary written notice of the proposed disciplinary action. The notice of proposed disciplinary action must be in writing and served on the employee in person or by registered mail or Fed-Ex. The notice of disciplinary action shall include:
(a) Statement of the violations upon which the disciplinary action is based.

(b) Intended effective date of the action.

(c) Statement of the cause thereof.

(d) Statement in ordinary and concise language of the act or the omissions upon which the causes are based.

(e) Copies of any documents or other written materials upon which the disciplinary action was fully or in part based.

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(f) Statement advising the employee of his/her right to appeal from such action, and the right to Union representation.

(g) The date and/or the procedure for responding to the notice.

Section 4. Skelly Meeting. The employee who receives a notice pursuant to section 3 above shall have the right to respond informally to the charges either verbally or in writing before the discipline is imposed. The employee shall have fifteen (15) days from receipt of the notice to request this pre -disciplinary administrative review. The employee may request a reasonable extension of the time to respond for justifiable reasons. The Skelly meeting to listen to the verbal responses shall be scheduled with a City representative who is not the manager recommending the discipline (the “Skelly Officer”). The Skelly Officer shall render a final written decision (the “post-Skelly decision”) within fifteen (15) days of receiving the employee’s response, if any, and shall deliver the post -Skelly decision to the employee by personal delivery or registered mail to the employee’s last known address on file with the Human Resources Department. The Skelly Officer may sustain, modify, or overturn the recommended disc iplinary action. If the Skelly Officer sustains or modifies the disciplinary action, the action may be imposed after the post - Skelly decision is delivered to the employee.

ARTICLE XX – NO ABROGATION OF RIGHTS

The parties acknowledge that Management rights as indicated in Section 1207D of the Merit System Rules and Regulations and all applicable State laws are neither abrogated nor made subject to negotiation by adoption of this Memorandum of Agreement.

ARTICLE XXI – OUTSIDE EMPLOYMENT

The provisions of Article 4.7 of the Government Code of the State of California will govern the determination of incompatible outside employment.

ARTICLE XXII PROMOTIONAL/CONVERSION OPPORTUNITES

The City and Union will meet on a quarterly basis to review the possibility of converting long term ongoing temporary -hourly positions to regular status. A part of such a meeting may be a discussion regarding promotional opportunities of Hourlies to Classified positions.

The City will notify SEIU and, upon request, meet and confer regarding the conversion of any long term and ongoing hourly positions which the City converts to full -time positions through the budget process.

ARTICLE XXIII – PROVISIONS OF THE LAW

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Section 1. This Memorandum of Agreement is subject to all current and future applicable Federal and State laws and Federal and State regulations and the Charter of the City of Palo Alto and the Constitution of the State of California.

Should any of the provisions herein contained be rendered or declared invalid by reason of any existing State or Federal legislation, such invalidation of such part or portion of this

Memorandum of Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable.

Section 2. The City and the Union agree by signing this Memorandum of Agreement that the wages, hours, rights and working conditions contained herein shall be continued in full force during the term of this Memorandum of Agreement except as otherwise provided for in the Memorandum of Agreement and shall be binding on both the City and the Union upon ratification by the Council of the City of Palo Alto and upon ratification by Union membership.

ARTICLE XXIV – COST REDUCTION PROGRAMS

During the term of this agreement, the Union will aggressively assist Management in developing cost reduction programs. Such programs may include voluntary reduced hours/pay after this concept is studied by Management, and with such application as may be a pproved by Management.

ARTICLE XXV – TERM

This Memorandum of Agreement shall take effect on ratification and Council adoption, and shall expire on December 31, 2027. Either party may serve written notice upon the other party during the period between ninety and sixty days prior to its expiration date, of its desire to amend this Memorandum of Agreement. If, at the time this Memorandum of Agreement would otherwise terminate, the parties are negotiating a new Memorandum of Agreement, upon mutual agreement of the Union and the City Manager the terms and conditions of this Memorandum shall continue in effect.

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CITY OF PALO ALTO AND SEIU LOCAL 521-HOURLY UNIT
July 1, 2025 – December 31, 2027

EXECUTED:

FOR LOCAL 521, SEIU: FOR CITY OF PALO ALTO:

Steve Tsou Ed Shikada
SEIU Worksite Organizer City Manager

Christi Iniguez Sandra Blanch
Chief Steward Human Resources Director

______________________________
Jen Fine
Assistant City Attorney

______________________________
Ben Farnsworth
Senior HR Administrator

Tori Anthony
Manager Labor Relations

Sandhya Uthup
Human Resources Representative

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Appendix A

Job Classifications for SEIU Hourly Unit Personnel

Administrative Specialist I - H
Performs administrative work that requires advanced skills or knowledge in support of a department/division or program.

Administrative Specialist II – H
Performs more complex administrative work that requires advance skills or knowledge in specialized software programs and data analysis in specialized areas in support of a department/division or program. Two years of experience equivalent to that of an Administrative Specialist I.

Arts & Science Aide - H
Under general supervision, performs general unskilled and some semiskilled tasks in support of theater, arts and museum programs.

Arts & Science Professional I - H
Under general supervision, performs highly skilled jobs in support of performing and visual arts.

Examples would include exhibit design and installation, graphic design, exhibit mechanical and electrical design, exhibit problem solving, installation and maintenance, materials and parts sourcing for exhibits, managing outsourced custom fabrication of specialty parts, and working with Arts & Sciences Producers on design of exhibits, theater scenery, costume & lighting design and direction, studio supervision, development of educational programs, etc.

Arts & Science Professional II - H
Under limited supervision, performs highly specialized jobs in support of performing and visual arts. Examples would include exhibit design and installation, graphic design, exhibit mechanical and electrical design, exhibit problem solving, installation and maintenance, materials and parts sourcing for exhibits, managing outsourced custom fabrication of specialty parts, and working with Arts & Sciences Producers on design of exhibits, theater scenery, costume & lighting design and direction, studio supervi sion, development of educational programs, etc. Two years of experience equivalent to that of an Arts & Science Professional I.

Arts & Science Professional III - H
Independently performs highly specialized jobs in support of performing and visual arts.

Examples would include exhibit design and installation, graphic design, exhibit mechanical and electrical design, exhibit problem solving, installation and maintenanc e, materials and parts sourcing for exhibits, managing outsourced custom fabrication of specialty parts, and working with Arts & Sciences Producers on design of exhibits, theater scenery, costume & lighting design and direction, studio supervision, develop ment of educational programs, etc. Five years of experience equivalent to that of an Arts & Science Professional I. May require lifting up to 15 pounds
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Arts & Science Technician - H
Under supervision, performs paraprofessional and skilled support to a specific performing or visual arts program area such as lighting, props, building, painting, stitching – etc.

Assistant Park Ranger - H
Positions requiring at least 2 years of experience and specialized skills or advanced certificates for First Aid, CPR, and heavy equipment operation. Prior experience as an open space technician or park aide is essential.

Building Serviceperson – H
Under limited supervision, performs custodial duties and other related work as required to maintain City buildings and facilities in a clean and orderly condition. Members of this classification may be assigned to perform either public works duties or park duties. Two years of experience equivalent to that of a Custodial Assistant.

Clerical Assistant - H
Under supervision, performs routine and repetitive computer inputting and clerical tasks, and performs related work as required. May require cash handling.

Custodial Aide - H
Under close supervision, this entry -level position performs basic custodial duties as required to maintain City buildings and facilities, performs room set -ups and take-downs, and other related work.

Custodial Assistant - H
Under general supervision, performs custodial duties and other related work as required to maintain City buildings and facilities in a clean and orderly condition . Members of this classification may be assigned to perform either public works duties or parks duties.

General Laborer – H
Performs general manual tasks. Performs various types of manual labor as needed. Possesses knowledge of commonly -used concepts, practices, and procedures within a particular field.

Performs tasks in conformance within pre -established instructions. Work s under general supervision. Uses very limited independent judgment similar to that expected of an apprentice- helper level laborer, consistent with pre -established instructions. May report to a lead worker, but typically reports to a supervisor.

Requires a high school diploma or its equivalent with 1 year of related experience.

Salary to be determined – an hourly rate above $50/hour must be approved by the Director of Human Resources before the City extends an offer of employment.

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House Manager - H
Facility supervisor of special events, productions, concerts, rentals – etc. Involves high public contact and customer service, including enforcement of rules and regulations. May included set- up of events.

Inspector – H
Provides inspections for capital and maintenance work, buildings and structures in any stage of construction, alteration or repair. Ensures compliance with standard construction practices, approved plans and specifications, governing laws and City ordinances. Prepares and maintains records of inspections, contractor’s daily activities, verification of materials and quantities used, notification to and contact with the residents in the project area, violation notices, investigations and other related data and information.

Salary to be determined – Minimum base of $26.87. An hourly rate above $50/hour must be approved by the Director of Human Resources before the City extends an offer of employment.

Instructor Aide - H
Under general supervision, performs administrative work in support of Instructors in areas such as course preparation, classroom assistance and related activities. May require lifting up to 15 pounds.

Instructor I - H
Under general supervision, prepares classes, programs and camp curriculum, presents classes and field trips for schools and family audiences, and provides assignments to Instructor Aides and volunteers. Requires previous teaching experience. Requires prior in -depth knowledge of the disciplines to be taught. May require lifting up to 15 pounds.

Instructor II - H
Under limited supervision, prepares classes, programs and camp curriculum, presents classes and field trips for schools and family audiences, and provides assignments to Instructor Aides and volunteers. Requires at least two years of experience equivalent to that of an Instructor I. May require lifting up to 15 pounds.

Instructor III-H
Independently prepares classes, programs and camp curriculum, presents classes and field trips for schools and family audiences , and provides direction and mentoring for Instructor Is and IIs, Aides and volunteers. Serves in a leadership capacity within t he department. Requires at least 4 years of teaching experience and in-depth knowledge of the disciplines to be taught. May require lifting up to 15 pounds.

Journey-Level Laborer – H
Performs various tasks involving physical labor in or on buildings, construction sites, demolition sites, streets, sidewalks, or on other construction projects. May operate hand and power tools of all types (e.g. air hammers, earth tampers, cement mixers, small mechanical hoists, surveying Item 4
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and measuring equipment, and various other equipment and instruments). May clean and prepare sites, dig trenches, set braces to support the sides of excavations, erect scaffolding, clean up rubble and debris, and remove hazardous waste materials; may assi st other craft workers.

Uses independent judgment similar to that expected of a journey level laborer, within pre - established instructions similar to and consistent with industry practices for journey level laborers. Works under general supervision. Typically reports to a lead worker or supervisor.

Requires a high school diploma or its equivalent with 1-3 years of related experience.

Salary to be determined – an hourly rate above $50/hour must be approved by the Director of Human Resources before the City extends an offer of employment.

Librarian - H
Under supervision, assists customers with reference inquiries, provides instruction in the use of library resources and equipment; shelves materials and assists with core management or organization of materials.

Distinguishing Characteristics:

The Librarian classification is the professional entry level classification within the Library Division.

The Librarian has the professional knowledge to identify, develop, interpret, and evaluate all policies, procedures, programs and services to ensure the best quality of service to public library users. It is a broad classification which covers a variety of work situations which require expertise in areas of primary responsibility, as well as in common areas such as materials selection, public library service and in computerized information systems. Significant portion of workday includes direct public contact. Work hours may include early mornings, evenings and weekends.

ESSENTIAL DUTIES:

Essential and other important responsibilities and duties may include, but are not limited to, the following:
• Performs routine circulation tasks required to directly serve public, including registering and maintaining files of borrowers; interpreting customer accounts and checking in and out library materials via computerized equipment; accepting, payments for fines, bills, fees; assisting customer with inquiries regarding availability and status of items in collections, and interviewing and assisting users regarding circulation accounts and services. Refers circulation problems to circulation staff or manager.
• May conduct library programs for children and adults; conduct tours and classes. • May conduct reference interview and analyze, interpret and answer inquiries utilizing resources in Palo Alto Libraries as well as other libraries and the community, referring unusual questions to a Senior Librarian (Librarian II) or supervisor; assist customers in use of facility including catalog, indexes, reference books and technology.

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• Performs library programming, including planning, coordination, promotion and the conduct of programs; cooperates with other City departments, community and library groups with program co-sponsorship.
• Prepares displays to market the library’s collection; may write regular newsletter articles, book reviews and program announcements for e-newsletters and publications; assists with social media.
• May update library web pages; update online calendars; contribute calendar items to community organizations and data bases.
• Selects and de-selects library materials in one or more subject areas based on knowledge of budget available, collection size, analysis of community past usage patterns and other criteria; processes discarded materials.
• Assist with recruits, interviews, schedules, trains, initiates and coordinates, work of clerical, paraprofessional, temporary and/or volunteer staff as assigned. • May collect, maintain and report statistical records for a variety of library measures. • As directed, performs copy and original cataloging and classification efficiently utilizing online computerized cataloging system; assigns access points for materials; establishes new bibliographic computer records in accordance with recognized standards. • Maintains specific library collections and equipment including housing, physical maintenance and arrangement.

MINIMUM QUALIFICATIONS:

Sufficient education, training and/or work experience to demonstrate possession of the following knowledge, skills, and abilities which would typically be acquired through:
• Master’s Degree in Library and Information Science or related education preferred.

KNOWLEDGE, SKILLS, AND ABILITIES:
• Ability to work effectively with public and co-workers in variety of circumstances. Ability to work with wide variety of people.
• Knowledge of alphabetical and numerical filing systems. • Knowledge of the library catalog.
• Ability to work varied schedule including early mornings, evenings and weekends • Ability to maintain physical condition appropriate to the performance of assigned duties and responsibilities which may include sitting for extended periods of time and operating assigned library equipment.
• Ability to communicate with others and to assimilate and understand information, in a manner consistent with the essential job functions.
• Ability to operate assigned equipment.
• Ability to make sound decisions in a manner consistent with the essential job functions.

WORKING CONDITIONS / PHYSICAL REQUIREMENTS:

Work in a library environment with the public, maintaining a professional appearance; sustained posture in a standing, walking or seated position for prolonged periods of time; perform bending, lifting, crouching and pushing items weighing up to 50 pounds; perform repetitive small hand and Item 4
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arm motions for prolonged periods of time; may travel to other library facilities; exposed to computer screens for prolonged periods of time.

Library Clerk - H
Under close general supervision performs technical and clerical tasks; assists customers with their accounts; shelves materials; performs technical and clerical tasks as assigned.

Distinguishing Characteristics:

Library Clerk is a classification found in the Library Department and is distinguished by the performance of various technical and clerical duties under general supervision. Work hours may vary and include nights and weekends. Includes direct public contact. Some previous knowledge of library operations required.

ESSENTIAL DUTIES:

Essential and other important responsibilities and duties may include, but are not limited to, the following:
• May answer customers’ questions.
• Checks in/out items; performs standard, holds, special handling and sorts; issues library cards.
• Works at the Accounts Desk; handles customer accounts and fines; provides computer assistance; performs shelving.
• May assist customers with library technology.
• Maintains computer files for library materials; adds, deletes and updates information. • Data enters bibliographic data into the online library system. • Communicates with vendors to request approved items or to ask questions; refers further communications to the supervisor.
• Accepts and unpacks deliveries and shipments of library materials; checks for accuracy; returns incorrect or damaged materials to vendors.
• Receives and invoices materials into the library’s computer system. • Performs RFID tagging Performs shelf reading.
• Assists in the setup of programs; performs program cleanup. • Processes LINK+ items and locates items listed on hold for the library branch or on reserve for LINK+.
• Assists with special projects and programs.
• May perform mail delivery.
• Provides basic assistance to customers.
• Performs related duties and responsibilities as required.

MINIMUM QUALIFICATIONS:

Sufficient education, training and/or work experience to demonstrate possession of the following knowledge, skills, and abilities which would typically be acquired through:
• High school diploma or equivalent and 6 months experience working in a library Item 4
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KNOWLEDGE, SKILLS, AND ABILITIES:
• Ability to work effectively with public and co-workers in variety of circumstances. Ability to work with wide variety of people.
• Knowledge of library procedures and item shelving structure. • Knowledge of alphabetical and numerical filing systems. • Knowledge of a personal computer and various software applications. • Knowledge of effective customer service.
• Ability to use the library catalog.
• Ability to perform cash handling and use a cash register. • Ability to perform basic mathematical calculations.
• Ability to work varied schedule including mornings, evenings and weekends • Ability to maintain physical condition appropriate to the performance of assigned duties and responsibilities which may include sitting for extended periods of time and operating assigned library equipment.
• Ability to work varied schedule including early mornings, evenings, and weekends. Ability to communicate with others and to assimilate and understand information, in a manner consistent with the essential job functions.
• Ability to operate assigned equipment.
• Ability to make sound decisions in a manner consistent with the essential job functions.

WORKING CONDITIONS / PHYSICAL REQUIREMENTS:

Work in a library environment with the public; maintains a professional appearance; sustained posture in a standing, walking or seated position for prolonged periods of time; perform bending, lifting, crouching and pushing items weighing up to 50 pounds; perform repetitive small hand and arm motions for prolonged periods of time; may travel to other library facilities; exposed to computer screens for prolonged periods of time.

Library Page - H

Under close supervision, shelves materials; performs routine clerical and support tasks as assigned.

Distinguishing Characteristics:

Library Page is a classification found in the Library Department and is distinguished by the performance of routine clerical duties under supervision. Work hours may vary and include nights and weekends. May include direct public contact. No previous knowl edge of library operations required.

ESSENTIAL DUTIES:

Essential and other important responsibilities and duties may include, but are not limited to, the following:
• Shifts collections; pulls or weeds items; performs sweeps. • Returns library materials to the shelves.

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• Performs RFID tagging
• Performs shelf reading.
• Assists in the setup of programs; performs program cleanup. • Processes LINK+ and locates items listed on hold for the library branch or on reserve for Link+
• Performs general cleaning and organization of the library’s areas. • Assist with open and close procedures.
• May assist with special projects and programs.
• Performs mail delivery.
• May provide directional assistance to customers.
• Works with Automated Materials Handling machine; moving and sorting bins, and sorting returned items.
• Performs related duties and responsibilities as required.

MINIMUM QUALIFICATIONS:

Sufficient education, training and/or work experience to demonstrate possession of the following knowledge, skills, and abilities which would typically be acquired through:
• No experience necessary.

KNOWLEDGE, SKILLS, AND ABILITIES:
• Ability to work effectively with public and co-workers in variety of circumstances. Ability to work with wide variety of people.
• Knowledge of alphabetical and numerical filing systems. • Knowledge of the library catalog.
• Ability to work varied schedule including early mornings, evenings and weekends • Ability to maintain physical condition appropriate to the performance of assigned duties and responsibilities which may include sitting for extended periods of time and operating assigned library equipment.
• Ability to communicate with others and to assimilate and understand information, in a manner consistent with the essential job functions.
• Ability to operate assigned equipment.
• Ability to make sound decisions in a manner consistent with the essential job functions.

WORKING CONDITIONS / PHYSICAL REQUIREMENTS:

Work in a library environment with the public, maintains a professional appearance; sustained posture in a standing, walking or seated position for prolonged periods of time; perform bending, lifting, crouching and pushing items weighing up to 50 pounds; perform repetitive small hand and arm motions for prolonged periods of time; may travel to other library facilities; exposed to computer screens for prolonged periods of time.

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Maintenance Assistant - H
Under general supervision, responsible for skilled and semiskilled tasks in one or more of the following areas:

Landscape and turf maintenance of parks and golf courses, including tree maintenance and turf renovation
City building and facilities
City streets, sewers, and storm drains
City vehicles and equipment

Performs related tasks as required. Requires experience with power equipment and a valid California driver’s license. May require drug testing.

Open Space Technician - H
Under general supervision performs work assignments in Parks and Open Space areas that assist in the protection, preservation and maintenance of Palo Alto open space lands. Entry -level positions that require familiarity with power tools such as weed whips and chain saws.

Print Shop Assistant - H
Under supervision, provides assistance in the Print Shop in duplication, finishing work, mail distribution and other support function duties, often under tight deadlines.

Project Specialist - H
Support for and administrative tasks related to City programs and projects on an ongoing basis, requiring technical and administrative skills such as scheduling, research and report writing, project development and design, ongoing project implementation an d administration, and budget tracking and conformance.

Recreation Leader I - H
Entry level positions that do not require previous experience including:

Teen leaders
Gymnastics Instructors
Sports camp assistants
Special event Assistants
Summer camp counselors
Coaches

Recreation Leader II - H
Positions require at least one season of experience and certifications in a related field including:

Sports Camp Leaders (CPR and First Aid)
Sport Officials (CPR and First Aid)
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Assistant Pool Manager
Senior Swim Instructor/Lifeguard
Summer camp assistants
Coaches

Recreation Leader III - H
Positions require at least 2 years of experience and specialized skills or advanced certifications in a related field including:

Summer Camp Leaders
Teen Outreach Leaders
Coaches
Substitute Teachers
Sports Camp Leaders (CPR and First Aid)
Sport Officials (CPR and First Aid)
Pool Manager
Gymnastic/Dance Instructors (Recreation Leader II requirements and Safety Certification and one of the following certifications: Professional Development Program II, Kinder Accreditation for Teachers or Movement Education and Learning Development.)

Staff Specialist – H

Under limited supervision, performs professional work requiring specialized knowledge or training in a specific field in support of a City program or organizational unit. The work performed is generally varied in character and similar to or equally complex to that of a career position, but is not managerial.

Salary to be determined – an hourly rate above $50/hour must be approved by the Director of Human Resources before the City extends an offer of employment.

Stock Clerk - H
Under supervision, performs a variety of inventory maintenance functions including receiving, storing, and delivering supplies. Includes maintaining and reviewing computerized inventory records; performs other related work as required.

Swim Instructor/Lifeguard - H
Monitors pool activities to enforce regulations and prevent accidents, rescue swimmers in distress, conducts swimming lessons in accordance with American Red Cross or other national recognized aquatics programs and performs other related duties as required . Certificates in Lifeguard Training, First Aid and CPR required.

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Technical Specialist - H
Under general supervision, responsible for work that requires technical skills associated with one or more of the following areas: drafting/CAD, electronics, computer systems, engineering, environmental science, or planning.

Zoological Assistant - H
Under supervision, performs assignments that assist in the maintenance, control, and shelter of animals in the zoo and other City facilities.

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Appendix B- Salary Schedule
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Appendix C

Public Agency Retirement System (“P.A.R.S.”) Plan

City of Palo Alto PST (Part-time, Seasonal and Temporary) Employees Retirement Plan

As of the effective date of this contract, the City contracts with the Public Agency Retirement Services Alternate Retirement System (PARS ARS) to provide an alternative plan to Social Security for members of this Unit. The main components of the plan include:

• Enrollment in the PARS 457 retirement plan is automatic for eligible employees (excludes employees previously enrolled in CalPERS).
• All contributions are pre-tax and invested
• Employees receive an annual statement of gains and losses • Employees may become eligible to receive their account balance when one of the following events occur:
o Termination of employment
o Retirement
o Permanent or total disability
o Death
o Changed employment status to a position covered by another retirement system • An employee may elect either:
o a one-time lump sum cash payment, which may be subject to federal and/or state income tax withholding, OR
o A direct rollover without tax withholding to a traditional IRA or an eligible plan that accepts rollovers [e.g. 403(b), 457(b), 401(k)]

A copy of the Plan Document is on file in Human Resources and may be reviewed upon advanced request. For questions or additional information, contact PARS at 800-540-6369.

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Job Code FLSA Job Title Steps 3% Increase
Effective 01/24/2026
3% Increase
Effective 07/11/2026
1 28.76$ 29.61$
2 30.27$ 31.17$
9000 Non-exempt Administrative Specialist I – H 3 31.86$ 32.81$ 4 33.54$ 34.54$
5 35.30$ 36.36$
1 34.31$ 35.35$
2 36.12$ 37.21$
9001 Non-exempt Administrative Specialist II - H 3 38.02$ 39.17$ 4 40.02$ 41.23$
5 42.13$ 43.40$
1 29.86$ 30.75$
2 31.43$ 32.37$
9002 Non-exempt Assistant Park Ranger - H 3 33.08$ 34.07$ 4 34.82$ 35.86$
5 36.65$ 37.75$
1 26.54$ 27.35$
2 27.94$ 28.79$
9003 Non-exempt Building Service Person - H 3 29.41$ 30.30$ 4 30.96$ 31.89$
5 32.59$ 33.57$
1 23.29$ 24.00$
2 24.52$ 25.26$
9004 Non-exempt Clerical Assistant - H 3 25.81$ 26.59$
4 27.17$ 27.99$
5 28.60$ 29.46$
SEIU Hourly Salary Schedule
Service Employees International Union Hourly Group

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Schedule 2025 - 2027

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Job Code FLSA Job Title Steps 3% Increase
Effective 01/24/2026
3% Increase
Effective 07/11/2026
1 19.70$ 20.30$
2 20.74$ 21.37$
9005 Non-exempt Custodial Aide - H 3 21.83$ 22.49$
4 22.98$ 23.67$
5 24.19$ 24.92$
1 22.33$ 23.02$
2 23.51$ 24.23$
9006 Non-exempt Custodial Assistant - H 3 24.75$ 25.50$ 4 26.05$ 26.84$
5 27.42$ 28.25$
1 21.95$ 22.62$
2 23.11$ 23.81$
9007 Non-exempt House Manager - H 3 24.33$ 25.06$
4 25.61$ 26.38$
5 26.96$ 27.77$
1 19.70$ 20.30$
2 20.74$ 21.37$
9008 Non-exempt Instructor Aide - H 3 21.83$ 22.49$
4 22.98$ 23.67$
5 24.19$ 24.92$
1 27.57$ 28.41$
2 29.02$ 29.90$
9009 Non-exempt Instructor I - H 3 30.55$ 31.47$
4 32.16$ 33.13$
5 33.85$ 34.87$
1 33.54$ 34.56$
2 35.31$ 36.38$
9010 Non-exempt Instructor II - H 3 37.17$ 38.29$
4 39.13$ 40.31$
5 41.19$ 42.43$

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Schedule 2025 - 2027

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Job Code FLSA Job Title Steps 3% Increase
Effective 01/24/2026
3% Increase
Effective 07/11/2026
1 38.64$ 39.81$
2 40.67$ 41.90$
9036 Non-exempt Instructor III-H 3 42.81$ 44.10$
4 45.06$ 46.42$
5 47.43$ 48.86$
1 34.93$ 35.99$
2 36.77$ 37.88$
9011 Non-exempt Librarian - H 3 38.71$ 39.87$
4 40.75$ 41.97$
5 42.89$ 44.18$
1 27.01$ 27.84$
2 28.43$ 29.30$
9012 Non-exempt Library Clerk - H 3 29.93$ 30.84$
4 31.51$ 32.46$
5 33.17$ 34.17$
1 20.16$ 20.78$
2 21.22$ 21.87$
9013 Non-exempt Library Page - H 3 22.34$ 23.02$
4 23.52$ 24.23$
5 24.76$ 25.51$
1 21.24$ 21.89$
2 22.36$ 23.04$
9014 Non-exempt Maintenance Assistant - H 3 23.54$ 24.25$ 4 24.78$ 25.53$
5 26.08$ 26.87$
1 21.75$ 22.40$
2 22.89$ 23.58$
9015 Non-exempt Open Space Technician - H 3 24.09$ 24.82$ 4 25.36$ 26.13$
5 26.69$ 27.50$

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Schedule 2025 - 2027

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Job Code FLSA Job Title Steps 3% Increase
Effective 01/24/2026
3% Increase
Effective 07/11/2026
1 26.03$ 26.81$
2 27.40$ 28.22$
9016 Non-exempt Print Shop Assistant - H 3 28.84$ 29.71$ 4 30.36$ 31.27$
5 31.96$ 32.92$
1 37.64$ 38.77$
2 39.62$ 40.81$
9017 Non-exempt Project Construction Inspector - H 3 41.71$ 42.96$ 4 43.90$ 45.22$
5 46.21$ 47.60$
1 28.76$ 29.61$
2 30.27$ 31.17$
9018 Non-exempt Project Specialist - H 3 31.86$ 32.81$
4 33.54$ 34.54$
5 35.30$ 36.36$
1 19.70$ 20.30$
2 20.74$ 21.37$
9020 Non-exempt Recreation Leader I - H 3 21.83$ 22.49$ 4 22.98$ 23.67$
5 24.19$ 24.92$
1 21.84$ 22.50$
2 22.99$ 23.68$
9021 Non-exempt Recreation Leader II - H 3 24.20$ 24.93$ 4 25.47$ 26.24$
5 26.81$ 27.62$
1 24.20$ 24.93$
2 25.47$ 26.24$
9022 Non-exempt Recreation Leader III - H 3 26.81$ 27.62$ 4 28.22$ 29.07$
5 29.70$ 30.60$

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Schedule 2025 - 2027

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Job Code FLSA Job Title Steps 3% Increase
Effective 01/24/2026
3% Increase
Effective 07/11/2026
1 21.12$ 21.76$
2 22.23$ 22.90$
9023 Non-exempt Stock Clerk - H 3 23.40$ 24.10$
4 24.63$ 25.37$
5 25.93$ 26.71$
1 23.29$ 24.00$
2 24.52$ 25.26$
9025 Non-exempt Technical Specialist - H 3 25.81$ 26.59$ 4 27.17$ 27.99$
5 28.60$ 29.46$
1 19.70$ 20.30$
2 20.74$ 21.37$
9026 Non-exempt Arts & Science Aide - H 3 21.83$ 22.49$ 4 22.98$ 23.67$
5 24.19$ 24.92$
1 27.57$ 28.41$
2 29.02$ 29.90$
9027 Non-exempt Arts & Science Professional I - H 3 30.55$ 31.47$ 4 32.16$ 33.13$
5 33.85$ 34.87$
1 33.54$ 34.56$
2 35.31$ 36.38$
9028 Non-exempt Arts & Science Professional II - H 3 37.17$ 38.29$ 4 39.13$ 40.31$
5 41.19$ 42.43$
1 38.64$ 39.81$
2 40.67$ 41.90$
9037 Non-exempt Arts & Science Professional III - H 3 42.81$ 44.10$ 4 45.06$ 46.42$
5 47.43$ 48.86$

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Schedule 2025 - 2027

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Job Code FLSA Job Title Steps 3% Increase
Effective 01/24/2026
3% Increase
Effective 07/11/2026
1 19.77$ 20.36$
2 20.81$ 21.43$
9029 Non-exempt Arts & Science Technician - H 3 21.91$ 22.56$ 4 23.06$ 23.75$
5 24.27$ 25.00$
1 29.17$ 30.06$
2 30.70$ 31.64$
9030 Non-exempt Zoological Assistant - H 3 32.32$ 33.30$ 4 34.02$ 35.05$
5 35.81$ 36.89$
Job Code FLSA Job Title
Min Max Min Max Min Max
9035 Non-exempt General Laborer- H 18.70$ 74.51$ 19.27$ 76.75$ 19.85$ 79.06$ 9032 Non-exempt Inspector- H 18.70$ 74.51$ 19.27$ 76.75$ 19.85$ 79.06$ 9033 Non-exempt JourneyLevel Laborer- H 18.70$ 74.51$ 19.27$ 76.75$ 19.85$ 79.06$ 9034 Non-exempt Staff Specialist - H 18.70$ 74.51$ 19.27$ 76.75$ 19.85$ 79.06$ In the event of a minimum wage increase that exceeds the City's rates, the salary schedule will be adjusted as appropriate. 3% Increase
Effective 01/24/2026
3% Increase
Effective 07/11/26
Minimum Wage Increase
Effective 01/01/2026

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Schedule 2025 - 2027

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City Council
Staff Report
From: City Manager
Report Type: CONSENT CALENDAR
Lead Department: Utilities
Meeting Date: January 12, 2026
Report #:2510-5308
TITLE
Approval of Professional Services Contract Number C26195486 with Baron Contracting in an Amount Not-to-Exceed $514,528 for Gas Leak Survey Services for a Period of Three Years. CEQA Status – Exempt Under CEQA Guidelines Sections 15301(c) and 15308 (Existing Facilities).

RECOMMENDATION
Staff recommends that the City Council approve and authorize the City Manager or their designee to execute Contract No. C26195486 (Attachment A) with Baron Contracting for annual walking and mobile gas leak surveys for a three-year term with a total not-to-exceed amount of $514,528, including $424,528 for basic services and $90,000 for additional services.

EXECUTIVE SUMMARY
The City’s Gas Operations in the Utilities Department conducts an annual mobile survey that tests of the atmosphere near gas mains; in gas, electric, telephone, sewer, and water system manholes; at cracks in the pavement and sidewalks; and at other locations offering an opportunity to find gas leaks. This survey checks every gas main in the City and walks every service line in each of the fourteen identified business districts.

Gas Operations also conducts a walking survey of each gas service in the system in one half of the City every year, so that within a two-year cycle, the entire City is surveyed by walking.

Natural movement in the ground as well as human impacts can cause small leaks in the system that would not necessarily be identified until they became larger and more hazardous. The walking leak survey involves a qualified technician carrying gas detection equipment and walking every gas service line and evaluating every gas meter in the portion of the City being surveyed.

BACKGROUND
The City of Palo Alto owns and operates its own utilities (water, gas, wastewater collection and treatment, and electric) and delivers gas to over 24,000 meters. The Utilities Department maintains and operates over 210 miles of distribution main and approximately 17,395 Item 5
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individual gas service pipelines with an average service length of 61 feet. The distribution main pipeline material is comprised of polyethylene (PE) pipe, coated steel, polyvinyl chloride (PVC), and acrylonitrile butadiene styrene (ABS). The gas distribution system is split into a grid system by northern and southern sections. One section is leak surveyed annually, for one complete survey of the City every two years. There are fourteen principal business districts throughout the City, (consisting of over 1,870 gas services) which are surveyed annually. Lastly, leaks that were not repaired the previous year are carried over to the next year for leak surveying. These carry over leaks consist of approximately 100 annually.

A leak survey of the entire gas distribution system is completed once every two years and is conducted between the months of March through November. A complete annual gas leak survey of the City is broken up using the following four methods:

1. Mobile Survey: The mobile survey is conducted annually on half of the gas mains throughout the City, alternating between the northern and southern sections of the City. The survey is conducted using a mounted vehicle leak survey device and, in some locations, requires a walking survey of the mains to be completed when access using a vehicle is not feasible. The survey is conducted in April and May of each year.

2. Business Districts: There are 14 Business Districts in the City, consisting of over 1,870 gas services; a walking leak survey of the gas service from the main to the gas meter, including the gas meter, is performed annually. The survey starts in the beginning of April and is completed by the end of May each year.

3. Walking Survey: A walking leak survey is completed either in the northern or southern section of the City, excluding the gas services already walked within the business districts. Only one section of the City is completed each year. A walking leak survey of the existing gas service from the main to the gas meter, including the gas meter, is performed. The survey begins after the mobile survey is completed. It is usually completed by the end of December each year.

4. Existing Gas Leaks (Re-checks): A walking leak survey of all carry-over gas leaks from the previous year is conducted annually. There are approximately 100 carry-over gas leaks to be surveyed annually. The re-check evaluates the existing gas leak and requires an updated grading of each leak. The survey starts in the beginning of March and is completed by the end of April each year.

It is critical that the completion of each leak survey component be completed within the specified timeframe. Maintenance of the gas distribution system includes the annual walking and mobile gas leak surveys in accordance with federal regulations. Palo Alto Utilities takes a rigorous approach to leak identification and repair and completes a survey of the entire system every two years instead of the Department of Transportation (DOT) mandated minimum of every five years. This evaluation allows us to improve the City’s infrastructure and work towards the overall reduction and prevention of future leaks.

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ANALYSIS
Bid Process
On August 19, 2025, the City posted a request for proposal (RFP) for the Gas Leak Survey on the City’s electronic procurement system, OpenGov. The bidding period was 22 calendar days. The City received four (4) proposals from qualified contractors on September 18, 2025, as listed below.

BID SUMMARY
Solicitation Process
Summary of Request for Proposal
Proposal Description Walking and Mobile Gas (Methane) Leak Surveys RFP No. 195486
Proposed Length of Project 3 years
Number of Proposal Packages Downloaded 20
Total Days to Respond to Proposal 30
Pre-Proposal Meeting No
Number of Proposals Received 4 (2 responsive and 2 non-responsive) Proposal Price Range $424,558 to $1,140,140
Public Link to Solicitation https://procurement.opengov.com/portal/palo- alto-ca/projects/191826
Proposal results of responsive submittals are shown below:

Vendor Year 1 Year 2 Year 3 Total
Baron Contracting $ 138,000 $ 141,525 $ 145,033 $ 424,558 Alisto Inc $ 367,300 $ 379,520 $ 393,320 $ 1,140,140 After a thorough review of the proposals submitted, Heath Consultants was disqualified due to being non-responsive to clarify their proposal cost calculations. Leak Detection Services Inc. was considered non-responsive as they did not provide all required documents in their proposal package. Baron Contracting was selected due to the quality of their proposal, past experience working with public agencies and total cost.

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The City’s current vendor, Manesco Corporation, is currently completing the third year of a six- year contract for Gas Leak Survey services. Unfortunately, Manesco will be retiring and is unable to fulfill the remainder of the contract. The RFP was issued in anticipation of Manesco closing their business, solicitating proposals for three-years so that during this time, staff can evaluate the service provided.

The recommended contract is in line with staff’s estimate and is 25% above the current annual contract amount of $110,000. This variance reflects the below-market price from Manesco who have been performing gas surveys for the City over the past 20 years. The contract with Baron Contracting includes $30,000 of additional services per year for a total not to exceed amount of $90,000 for the contract term. Additional services include requests for gas leak surveys after earthquakes or other natural disasters as well as non-emergency surveys for pressure uprating or follow-up surveys at the request of the Department. Additional services will be authorized through the use of a task order and will be managed in compliance with the contract document.

FISCAL/RESOURCE IMPACT
Funding for the first year of the contract is available in the FY 2026 Gas Operations/Maintenance budget. Funding for subsequent years are contingent upon Council appropriation and approval of funds through the annual budget process.

STAKEHOLDER ENGAGEMENT
The City will provide notification of the Gas Leak Survey via the City website and social media platforms.

ENVIRONMENTAL REVIEW
Council’s approval of this term agreement for gas leak surveys and gas leak rechecks is categorically exempt from the California Environmental Quality Act (CEQA) under CEQA Guidelines 15301(c) (operation, repair, maintenance of existing facilities), and 15308 (actions by regulatory agencies for protection of the environment), thus no environmental review is required.

ATTACHMENTS
Attachment A: Baron Contracting, Contract C26195486
Attachment B: Bid Summary
Attachment C: Gas Leak Survey Grid
APPROVED BY:

Alan Kurotori, Director of Utilities
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Professional Services
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CITY OF PALO ALTO CONTRACT NO. C26195486

AGREEMENT FOR PROFESSIONAL SERVICES

BETWEEN THE CITY OF PALO ALTO AND BARON CONTRACTING

This Agreement for Professional Services (this “Agreement”) is entered into as of the 15th day of December, 2025 (the “Effective Date”), by and between the CITY OF PALO ALTO, a California chartered municipal corporation (“CITY”), and BARON CONTRACTING, a California corporation, located at 1098 Foster City Blvd., #106- 862, Foster City, CA 94404 (“CONSULTANT”).

The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference:

RECITALS

A. CITY intends to issue a contract ( the “Project”) and desires to engage a consultant to perform leak surveys for the City in connection with the Project (the “Services”, as detailed more fully in Exhibit A).

B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services.

C. CITY, in reliance on these representations , desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled “SCOPE OF SERVICES”.

NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows:

SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY.

Optional On-Call Provision (This provision only applies if checked and only applies to on-call agreements.)

CITY may elect to, but is not required to, authorize on- call Services up to the maximum compensation amount set forth in Section 4 (Not to Exceed Compensation).

CONSULTANT shall provide on- call Services only by advanced, written authorization from CITY as detailed in this Section. On -call Services, if any, s hall be authorized by CITY, as needed, with a Task Order assigned and approved by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A -1 entitled “PROFESSIONAL SERVICES TASK ORDER”.

Each Task Order shall contain a specific scope of s ervices, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement.

Compensation for on-call Services shall be specified by CITY in the Task Order, based on Docusign Envelope ID: 6679A2C3-C4A0-4C67-9985-766D2E34D34F Item 5
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Contracting, Contract
C26195486

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whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.

To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully exec uted Task Order shall become part of this Agreement. The cumulative total compensation due to CONSULTANT for all Task Orders issued under this Agreement shall not exceed the amount of compensation set forth in Section 4. CONSULTANT shall only be compensated for on -call Services performed under an authorized Task Order and only up to the maximum compensation amount set forth in Section 4. Performance of and payment for any on-call Services are subject to all requirements and restrictions in this Agreement.

SECTION 2. TERM.

The term of this Agreement shall be from January 1, 2026, through December 31, 2029, unless terminated earlier pursuant to Section 19 (Termination) of this Agreement.

SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled “SCHEDULE OF PERFORMANCE”. Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT.

CITY’s agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of CONSULTANT.

SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled “COMPENSATION,” including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Five Hundred Fourteen Thousand Five Hundred Fifty -Eight Dollars ($514,558.00). T he hourly schedule of rates , if applicable, is set out in Exhibit C-1, entitled “SCHEDULE OF RATES.” Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY.

Optional Additional Services Provision (This provision applies only if checked and a not-to-exceed compensation amount for Additional Services is allocated below under this Section 4.)

In addition to the not-to-exceed compensation specified above, CITY has set aside the not- to-exceed compensation amount of D ollars ($ ) for the performance of Additional Services ( as defined below). The total compensation for performance of the Services, Additional Services and any reimbursable expenses specified in Exhibit C, shall not exceed Dollars ($ ) , as detailed in Exhibit C.

“Additional Services” means any work that is determined by CITY to be necessary for the proper completion of the Project, but which is not included within the Scope of Services Docusign Envelope ID: 6679A2C3-C4A0-4C67-9985-766D2E34D34F Item 5
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Contracting, Contract
C26195486

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described at Exhibit A. CITY may elect to, but is not required to, authorize Additional Services up to the maximum amount of compensation set forth for Additional S ervices in this Section 4. CONSULTANT shall provide Additional Services only by advanced, written authorization from CITY as detailed in this Section . Additional Services, if any, shall be authorized by CITY with a Task Order assigned and authorized by CITY’s Project Manager, as identified in Section 13 (Project Management). Each Task Order shall be in substantially the same form as Exhibit A-1, entitled “PROFESSIONAL SERVICES TASK ORDER”. Each Task Order shall contain a specific scope of services, schedule of performance and maximum compensation amount, in accordance with the provisions of this Agreement. Compensation for Additional Services shall be specified by CITY in the Task Order, based on whichever is lowest: the compensation structure set forth in Exhibit C, the hourly rates set forth in Exhibit C-1, or a negotiated lump sum.

To accept a Task Order, CONSULTANT shall sign the Task Order and return it to CITY’s Project Manager within the time specified by the Project Manager, and upon authorization by CITY (defined as counter-signature by the CITY Project Manager), the fully exec uted Task Order shall become part of this Agreement. The cumulative total compensation to CONSULTANT for all Task Orders authorized under this Agreement shall not exceed the amount of compensation set forth for Additional Services in this Section 4 .

CONSULTANT shall only be compensated for Additional Services performed under an authorized Task Order and only up to the maximum amount of compensation set forth for Additional Services in this Section 4. Performance of and payment for any Additional Services are subject to all requirements and restrictions in this Agreement.

SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the S ervices performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT’s schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT’s invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY’s Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice.

SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT’s supervision. CONSULTANT represents that it , its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this A greement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances.

SECTION 7. COMPLIANCE WITH LAWS . CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that Docusign Envelope ID: 6679A2C3-C4A0-4C67-9985-766D2E34D34F Item 5
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Contracting, Contract
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may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement , as amended from time to time . CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services.

SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services , arising from or caused by CONSULTANT’s errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions.

SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY’s stated construction budget by ten percent (10%) or more , CONSULTANT shall make recommendations to CITY for aligning the P roject design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY.

SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the S ervices requested by CITY under this Agreement.

CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT wi ll be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers’ compensation, unemployment compensation, insurance, and other similar responsibilities re lated to CONSULTANT’s performance of the S ervices, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT ’s provision of the Services only, and not as to the means by which such a result is obtained.

SECTION 11. ASSIGNMENT . The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT’s obligations hereunder without the prior written approval of the C ity Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties.

SECTION 12. SUBCONTRACTING.

Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Docusign Envelope ID: 6679A2C3-C4A0-4C67-9985-766D2E34D34F Item 5
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Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors.

Option B: Subcontracts Authorized: Notwithstanding Section 11 (Assignment) above, CITY agrees that subcontractors may be used to complete the Services. The subcon tractors authorized by CITY to perform work on this Project are:

CONSULTANT shall be responsible for directing the work of any subcontractors and for any compensation due to subcontractors . CITY assumes no responsibility whatsoever concerning compensation of subcontractors. CONSULTANT shall be fully responsible to CITY for all acts and omissions of subcontractors . CONSULTANT shall change or add subcontractors only with the prior written approval of the City Manager or designee.

SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Logan Baron as the CONSULTANT’s Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day -to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT’s Project Manager or any other of CONSULTANT’s key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY’s P roject Manager. CONSULTANT, at CITY’s request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property.

CITY’s Project Manager is Diamond Perkins, Utilities Department, WGW Operations Division, 1007 Elwell Ct., Palo Alto, CA , 94303, Telephone: 650-838-2838. CITY’s Project Manager will be CONSULTANT’s point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time.

SECTION 1 4. OWNERSHIP OF MATERIALS . A ll work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the C ity Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services.

SECTION 15. AUDITS . CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT’s records pertaining to matters covered by Docusign Envelope ID: 6679A2C3-C4A0-4C67-9985-766D2E34D34F Item 5
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this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later.

SECTION 16. INDEMNITY.

16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an “Indemnified Party”) from and against any and all third party demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney’ s fees, experts fees, court costs and disbursements (“Claims”) to the extent that such Claims arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. CITY will reimburse CONSULTANT for the proportionate percentage of defense costs exceeding CONSULTANT’s proportionate percentage of fault as determined by the final judgment of a court of competent jurisdiction.

16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its officers, employees, agents or contractors under this Agreement.

16.3. The acceptance of CONSULTANT’s Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement.

SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 2 9.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy.

SECTION 18. INSURANCE.

18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled “INSURANCE REQUIREMENTS”. CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies.

18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best’s Key Rating Guide ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of Docusign Envelope ID: 6679A2C3-C4A0-4C67-9985-766D2E34D34F Item 5
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CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above.

18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY’s Risk Manager and will contain an endorsement stating that the insurance is primar y coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days ’ prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days’ notice to CONSULTANT , CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT’s receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY’s Chief Procurement Officer during the entire term of this Agreement.

18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT ’s liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired.

SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES.

19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination , CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination.

19.2. In event of suspension or termination, CONSULTANT wi ll deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials).

19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT’s S ervices provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion . The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, Docusign Envelope ID: 6679A2C3-C4A0-4C67-9985-766D2E34D34F Item 5
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27, 28, 29 and 30.

19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers).

SECTION 20. NOTICES.

All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows:

To CITY: Office of the City Clerk
City of Palo Alto
Post Office Box 10250
Palo Alto, CA 94303

With a copy to the Purchasing Manager

To CONSULTANT: Attention of the P roject Manager at the address of CONSULTANT recited on the first page of this Agreement.

CONSULTANT shall provide written notice to CITY of any change of address.

SECTION 21. CONFLICT OF INTEREST.

21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services.

21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest.

CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time . CONSULTANT agrees to notify CITY if any conflict arises.

21.3. If the CONSULTANT meets the definition of a “Consultant” as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time.

SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA.

22.1. As set forth in Palo Alto Municipal Code S ection 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person’s race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic Docusign Envelope ID: 6679A2C3-C4A0-4C67-9985-766D2E34D34F Item 5
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information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section

2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment.

22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act (“ADA”), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement.

SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with t he CITY’s Environmentally Preferred Purchasing policies which are available at CITY ’s Purchasing Department , hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY’s Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste ; and, third, recycling or composting waste. In particular, C ONSULTANT shall comply with the following Zero Waste requirements:
(a) All printed materials provided by CONSULTANT to C ITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double-sided and printed on a minimum of 30% or greater post-consumer content paper, unless otherwise approved by CITY ’s Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post-consumer material and printed with vegetable-based inks. (b) Goods purchased by C ONSULTANT on behalf of CITY shall be purchased in accordance with CITY’s Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department’s office.
(c) Reusable/returnable pallets shall be taken back by CONSULTANT , at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed.

SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE .

CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) h ours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060.

SECTION 25. NON-APPROPRIATION. This Agreement is subject to the fiscal provisions of Docusign Envelope ID: 6679A2C3-C4A0-4C67-9985-766D2E34D34F Item 5
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the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This S ection shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement.

SECTION 2 6. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS.

26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract:
(1) is not a public works contract;
(2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j).

SECTION 27. CLAIMS PROCEDURE FOR “9204 PUBLIC WORKS PROJECTS” . For purposes of this Section 27, a “9204 Public Works Project” means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. ( Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects , certain claims procedures shall apply, as set forth in Exhibit F, entitled “Claims for Public Contract Code Section 9204 Public Works Projects”.

This Project is not a 9204 Public Works Project.

SECTION 28. CONFIDENTIAL INFORMATION.

28.1. In the performance of this Agreement, CONSULTANT may have access to CITY’s Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose.

CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information.

Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT’s obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement.

28.2. “Confidential Information” means all data, information (including without limitation “Personal Information” about a California resident as defined in Civil Code S ection 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or Docusign Envelope ID: 6679A2C3-C4A0-4C67-9985-766D2E34D34F Item 5
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indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT’s possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY.

28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order.

28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time.

28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT.

28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions.

SECTION 29. MISCELLANEOUS PROVISIONS.

29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions.

29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California.

29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys’ fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys’ fees paid to third parties.

29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes Docusign Envelope ID: 6679A2C3-C4A0-4C67-9985-766D2E34D34F Item 5
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all prior agreements, negotiations, representations, statements and undertakings , either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time.

29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect.

29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30) or CONSULTANT’s proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT’s proposal (if any), the exhibits shall control.

29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement.

29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement.

29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement.

SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein:

EXHIBIT A: SCOPE OF SERVICES
EXHIBIT A-1: PROFESSIONAL SERVICES TASK ORDER
EXHIBIT B: SCHEDULE OF PERFORMANCE
EXHIBIT C: COMPENSATION
EXHIBIT C-1: SCHEDULE OF RATES
EXHIBIT D: INSURANCE REQUIREMENTS

THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE ATTACHED.

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CONTRACT NO. C26195486

SIGNATURE PAGE

IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written.

CITY OF PALO ALTO

____________________________
City Manager

APPROVED AS TO FORM:

__________________________
City Attorney or designee

BARON CONTRACTING

By: ________________________________

Name: ______________________________

Title: _______________________________

By: ________________________________

Name: ______________________________

Title: _______________________________

Docusign Envelope ID: 6679A2C3-C4A0-4C67-9985-766D2E34D34F CEO
Logan Baron
Secretary
Alicia Jordan
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EXHIBIT A

SCOPE OF SERVICES

CONSULTANT shall provide the Services detailed in this Exhibit A , entitled “ SCOPE OF SERVICES”. Notwithstanding any provision herein to the contrary, CONSULTANT’s duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY’s preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project.

CONSULTANT’s participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications.

CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services.

Surveyors

1. CONTRACTOR will provide a minimum of two Gas Leak Surveyors (GLSs) to perform leak surveys. At least one GLS will have a minimum of 5-years’ experience and a second GLS will have a minimum of 2-years’ experience performing natural gas leak surveys and leak grading on gas distribution or transmission pipelines using flame ionization (FI) and remote methane leak detector (RMLD) units. GLSs will be experienced and qualified in use of the approved leak survey equipment.

2. CONTRACTOR will be required to test and will qualify for the following Industrial Training Services (ITS) Operator Qualification task list:

ITS
Task # Task Name
Re-Qual.

Frequency
Qual.

Method
Span of
Control
141 Visual Inspection for Atmospheric
Corrosion 3 Years~ K&S 1:0*
191 Measure Atmospheric Corrosion 3 Years~ K&S 1:0*
1241 Outside Gas Leak Investigation 3 Years~ K&S 1:0*
1261 Walking Gas Leak Survey 3 Years~ K&S 1:0*
1271 Mobile Gas Leak Survey: Flame
Ionization 3 Years~ K&S 1:0*
1311 Inspect Pipeline Surface Conditions:

Patrol Right of Way or Easement 3 Years~ K&S 1:0*

~ Re-qualification frequency is once every three years, not to exceed 39 months. City reserves the right to reduce qualification frequency and require CONTRACTOR to qualify on one or more tasks more frequently. * City will not approve span of control for CONTRACTOR personnel. Each GLS will be required to test and obtain qualification prior to performing any task listed above.

3. CONTRACTOR’s personnel will be entered and stored into ITS database. City will upload a maximum of two technicians in City’s ITS database; any additional technicians will be uploaded into CONTRACTOR’s ITS database. City will be granted rights to access CONTRACTOR’s ITS database to review and download qualifications of CONTRACTOR’s personnel performing tasks for City for duration of the agreement.

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