Plan (RMLRMP). The RMLRMP plan identified all arterial medians in the City and presented conceptual improvement designs to achieve the goals of water conservation, reduced maintenance, increased visual appeal and attractiveness, and provide a lasting benefit to the community.
In 2021, the City applied for and was awarded grant funding in the amount $8,132,334 for median beautification projects. The two (2) applications were submitted for the maximum amount of funding available which covers the following medians:
• Rosemead Boulevard
• Slauson Boulevard
• Washington Boulevard
• Whittier Boulevard from Rio Hondo to San Gabriel River • Paramount Boulevard from Telegraph Road to Gallatin Road The medians on this list will be improved with CIP No. 50075 and CIP No. 50076, approved in the FY 2022-23 Budget. Both projects are estimated to complete construction in the summer of 2024.
Due to the limitation of the grant opportunity, two medians, Beverly Boulevard from West City Limit to East City Limit, and San Gabriel River Parkway from Beverly Boulevard to the City Limit are not eligible to be funded by this program.
To continue the goal of citywide median beautification, staff reached out to the design team who prepared the Median Beautification Master Plan to prepare quantities and estimates for the Beverly Boulevard and San Gabriel River Parkway Medians.
Engineering staff also worked with our street maintenance division to determine what irrigation components need to be upgraded to support the improvements. With this information, staff requested Mariposa, who is under contract for landscape maintenance with the City, to provide a quote to implement this maintenance project for median beautification. Staff received proposals for both medians in the total amount of $960,051.
The agreement with Mariposa for routine landscape maintenance services (Agreement No.18-1825) was approved by the City effective October 1, 2018. The term was for three (3) years with two (2), one-year options. On October 12, 2021, the City approved Amendment No.1 extending the term to September 30, 2022. Approval of Amendment No.2 will exercise the second and final option year of Agreement No.18-1825. The amount of this option year will be $245,700 (beginning October 1, 2022) which includes a negotiated 5% CPI increase. A budget increase in Account No.100.40.4032-54500 (Park Maintenance Contracted Services) in the amount of $17,775 is necessary to account for the CPI increase for the 9 months from October 1, 2022, to June 30, 2023.
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022 APPROVE AMENDMENT NO.2 TO AGREEMENT NO.18-1825 WITH MARIPOSA LANDSCAPES INC. TO CONSTRUCT MEDIAN BEAUTIFICATION MAINTENANCE
IMPROVEMENTS ON BEVERLY BOULEVARD AND SAN GABRIEL RIVER PARKWAY
AND EXTEND ROUTINE MAINTENANCE SERVICES
The following is the summary for the maintenance project budget adjustment:
Description Amount
Maintenance Project Beverly and SGR Parkway $960,050.51 Contingencies $96,006.00
Staff Support $48,000.00
CPI Increase for Routine Services $17,775.00
Total Maintenance Project Budget Adjustment $1,121,831.51 If approved, Mariposa could begin maintenance improvements within two (2) weeks.
Completion will be dependent on availability of materials but is estimated to be 60 working days (Approximately 3 months) after construction begins.
Conclusion:
Staff recommends approval of Amendment No. 2 to Agreement No.18-1825 with Mariposa in the amount of $1,205,751, authorize the City Manager to execute the amendment in a form approved by the City Attorney, authorize the Director of Public Works to approve up to $96,006 in contingencies, and approve an appropriation of $1,121,832 from the FY 2020-21 General Fund operating surplus to Account No.100.40.4032-54500, Park Maintenance Landscape Services. The approval of Amendment No. 2 will require four fifths (4/5th) vote of the City Council.
Steve Carmona
SC:TR:np
Enclosures: 1) Amendment No.2
2) Proposal/Exhibit A-2
AMENDMENT NO. 2
TO THE CONTRACTUAL SERVICES AGREEMENT NO. 18-1825 FOR
LANDSCAPE MAINTENANCE SERVICES WITH MARIPOSA LANDSCAPES, INC.
THIS AMENDMENT NO. 2 TO THE CONTRACTUAL SERVICES AGREEMENT NO. 18- 1825 FOR LANDSCAPE MAINTENANCE SERVICES WITH MARIPOSA
LANDSCAPES, INC. (“Amendment No. 2"), effective as of the date specified in paragraph 6 hereof, is made and entered into by and between the CITY OF PICO RIVERA (“CITY”), and Mariposa Landscapes, Inc., (“CONTRACTOR”).
RECITALS
A. CITY and CONTRACTOR (collectively referred to as the “Parties”) have previously executed that certain Contractual Services Agreement for Agreement No. 18-1825 dated September 28, 2018, as amended by the Amendment No. 1 to the Contractual Services Agreement, dated October 12, 2021 (collectively “Agreement”) relating to landscape maintenance services in the City of Pico Rivera.
B. The Parties desire to amend said Agreement as set forth herein, pursuant to Sections 3, 5 and 25 of the Agreement.
NOW, THEREFORE, THE PARTIES AGREE THAT THE AGREEMENT SHALL BE AMENDED AS FOLLOWS:
1. CITY’S OPTION TO EXTEND TERM
In accordance with Section 3. TERM of the Agreement, by executing this amendment, the Parties mutually agree to exercise the second of two (2) one-year renewal options and extend the Term of the Agreement until September 30, 2023.
2. SCOPE OF SERVICES.
In accordance with Section 5. EXTRA SERVICES of the Agreement, the Scope of Services included in the Agreement shall hereby be supplemented with Contractor’s proposal attached hereto as Exhibit A-2. Exhibit A-2 is hereby incorporated by reference into the Agreement.
3. MODIFICATION OF CONSULTANT’S COMPENSATION.
As compensation for the Scope of Services associated with the extension of the Term and those included in Exhibit A-2, the Contract Sum under Section 2(a) of the Agreement shall be hereby increased by an amount not to exceed One Million Two Hundred and Five Thousand Seven Hundred Fifty Dollars and Fifty-One Cents ($1,205,750.51).
Enclosure 1
12a
Amendment No. 2
Landscape Maintenance Services Agreement
MARIPOSA LANDSCAPES, INC.
4. EFFECT OF AMENDMENTS.
Except as modified herein, either expressly or by necessary implication, the terms and provisions of the Agreement between the CITY and CONTRACTOR shall remain in full force and effect.
5. EFFECTIVE DATE.
Unless otherwise specified herein, this Amendment No. 2 shall become effective as of the date set forth below on which the last of the parties, whether CITY or CONTRACTOR, executes this Amendment No. 2.
IN WITNESS WHEREOF, the parties hereto have caused this Amendment No. 2 to be executed and attested by their respective officers hereunto duly authorized. “CITY” “CONTRACTOR”
CITY OF PICO RIVERA MARIPOSA LANDSCAPES, INC.
______________________________ _________________________________ Steve Carmona, City Manager Terry Noriega, President
Dated: ________________________ Dated: ____________________________ ATTEST: APPROVED AS TO FORM
___________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney EXHIBIT A-2
CA CONTRACTOR’S LIC # 592268 A, C-27, D-49
6232 Santos Diaz St., IRWINDALE, CA 91702 •TEL 800•794•9458 •FAX 626•960•8477 www.mariposa-ca.com
Our Core Values – Safety • Teamwork • Quality • Integrity
PROPOSAL
August 4, 2022
City of Pico Rivera
6615 Passons Blvd
Pico Rivera, CA 90660
Attn: Michael Ackerman / [email protected]
RE: Median landscape renovations per attached breakdown.
Job name:
Beverly Blvd. Median Landscape Renovations
Pico Rivera, CA 90660
Prevailing Wage. Notes and Exclusions on next page.
Bid Total………………………………………………………………………………………………… $ 481,445.76 Respectfully submitted,
Raul Solis – Estimator
[email protected]
1 Exhibit A-2
Our Core Values – Safety • Teamwork • Quality • Integrity Terms: Per agreed Schedule of Values.
Time: Project start date is within 40-60 days after notice to proceed. Completion time for this project will depends of the duration of each of other trades.
Limits: Proposal is valid for 60 calendar days.
Notes & Exclusions:
1. No root barriers.
2. No protection, maintenance, or warranty of existing materials to remain.
3. No cutting, patching, boring, coring, or drilling.
4. No drainlines, inlets, or connections.
5. No asphalt paving.
6. No concrete, masonry, or mortar.
7. No potholing.
8. No electrical meters, panels, pedestals, or 110/120 volt electrical work.
9. No survey, staking, engineering, or inspection fees.
10. No import of soil.
11. No soil prep, only volume backfill with 30% compost and 70% on-site soil.
12. No weed barrier.
13. No edging.
14. No permits or engineering fees.
15. No tree removals, root pruning or stump grinding.
16. Existing irrigation not re-used will be abandoned in place.
17. Utilities to be marked by owner prior to start of work.
18. Bonding is included.
19. No traffic control plans.
20. Existing mortared/non-mortared cobble areas to remain.
21. Traffic control per WATCH manual.
22. No message boards.
23. Does not include medians with synthetic turf.
2 Exhibit A-2
Our Core Values – Safety • Teamwork • Quality • Integrity Description Quantity Unit Unit Price Total Estimate
100 General Requirements
Traffic Control DAY 54 $ 426.07 $ 23,007.78
100 - General Requirements Total Estimate $ 23,007.78
300 Site Prep/Clean-Up
Turf Removal 5 TON $ 786.86 $ 3,934.30
3" x12" Wide Soil Removal at Edges TON 85 $ 334.53 $ 28,435.05 6x6 Curb Removal TON 15 $ 1,324.81 $ 19,872.15
Removals @ Median Pockets 35 SF $ 345.54 $ 12,093.90
Spoils Removal @ Boulders TON 17 $ 409.88 $ 6,967.96
Spoils Removal @ Plants TON 35 $ 373.79 $ 13,082.65
Agave/Aloe Shrub Removal & Disposal 2,984 SF $ 1.56 $ 4,655.04 Clean, Rake & Remove Misc. 40,400 SF $ 0.22 $ 8,888.00
Other Shrub Removal & Disposal 40,400 SF $ 0.07 $ 2,828.00 Spot Spraying 40,400 SF $ 0.05 $ 2,020.00
Finish Grade (Hand Raking) 40,400 SF $ 0.06 $ 2,424.00
300 - Site Prep/Clean-Up Total Estimate $ 105,201.05
400 Hardscape
2' Jalapeno Boulder 25 EA $ 231.51 $ 5,787.75
3' Jalapeno Boulder 25 EA $ 290.60 $ 7,265.00
2" Layer of Non-Stabilized Decomposed Granite - Beige Blush TON 393 $ 285.48 $ 112,130.83 400 - Hardscape Total Estimate $ 125,183.58
500 Irrigation
Existing Valve Box Adjustment to Grade 16 EA $ 72.10 $ 1,153.60 1" Drip Remote Control Valve (Drip Zone Kit) 16 EA $ 971.39 $ 15,542.24 1" Lateral Line 2,500 LF $ 10.80 $ 27,000.00
On-Grade Drip Hose (Existing Trees) 5,000 LF $ 10,700.00 2.14 $ On-Grade Drip Hose (Shrubs) 6,733 LF $ 14,207.33 2.11 $ Tree Drip Ring 54 EA $ 139.24 $ 7,518.96
Single Outlet Emitter, Flex Hose 4,828 EA $ 28,774.88 5.96 $ Flush Valve 32 EA $ 76.44 $ 2,446.08
Air Relief Valve 16 EA $ 72.31 $ 1,156.96
Cap & Modify Existing Irrigation 1 LS $ 7,577.91 $ 7,577.91 500 - Irrigation Total Estimate $ 116,077.96
600 Planting
1 Gal Agave/Aloe (36" O.C. ) 2,414 EA $ 25.61 $ 61,822.54 1 Gal Grass-Like, & Drought Tolerant Shrubs (36" O.C. ) 2,414 EA $ 16.75 $ 40,434.50 600 - Planting Total Estimate $ 102,257.04
800 Maintenance
90-Day Maintenance Period 3 MO $ 3,239.45 $ 9,718.35
800 - Maintenance Total Estimate $ 9,718.35
Total Estimate $ 481,445.76
3 Exhibit A-2
CA CONTRACTOR’S LIC # 592268 A, C-27, D-49
6232 Santos Diaz St., IRWINDALE, CA 91702 •TEL 800•794•9458 •FAX 626•960•8477 www.mariposa-ca.com
Our Core Values – Safety • Teamwork • Quality • Integrity
PROPOSAL
August 5, 2022
City of Pico Rivera
6615 Passons Blvd
Pico Rivera, CA 90660
Attn: Michael Ackerman / [email protected]
RE: Median landscape renovations per attached breakdown.
Job name:
San Gabriel River Parkway Median Landscape Renovations
Pico Rivera, CA 90660
Prevailing Wage. Notes and Exclusions on next page.
Bid Total………………………………………………………………………………………………… $ 478,604.75 Respectfully submitted,
Raul Solis – Estimator
[email protected]
4 Exhibit A-2
Our Core Values – Safety • Teamwork • Quality • Integrity Terms: Per agreed Schedule of Values.
Time: Project start date is within 40-60 days after notice to proceed. Completion time for this project will depends of the duration of each of other trades.
Limits: Proposal is valid for 60 calendar days.
Notes & Exclusions:
1. No root barriers.
2. No protection, maintenance, or warranty of existing materials to remain.
3. No cutting, patching, boring, coring, or drilling.
4. No drainlines, inlets, or connections.
5. No asphalt paving.
6. No concrete, masonry, or mortar.
7. No potholing.
8. No electrical meters, panels, pedestals, or 110/120 volt electrical work.
9. No survey, staking, engineering, or inspection fees.
10. No import of soil.
11. No soil prep, only volume backfill with 30% compost and 70% on-site soil.
12. No weed barrier.
13. No edging.
14. No permits or engineering fees.
15. No tree removals, root pruning or stump grinding.
16. Existing irrigation not re-used will be abandoned in place.
17. Utilities to be marked by owner prior to start of work.
18. Assumes staging area for equipment drop-off and pickup.
19. Bonding is included.
20. No traffic control plans.
21. Traffic control per WATCH manual.
22. No message boards.
23. Assumes re-use of existing lateral for new point source emitter irrigation.
24. 15 gal trees and 1 gal shrubs types are per Master Plan.
25. Trees are spaced at 50’ O.C.
26. Includes 1 Grow & Kill period only.
27. Bid assumes no more than 50% of soil removal to be green waste. 5 Exhibit A-2
Our Core Values – Safety • Teamwork • Quality • Integrity Description Quantity Unit Unit Price Unit Total Estimate 100 General Requirements
Traffic Control 47 DAY $ 440.13 DAY $ 20,686.11
100 - General Requirements Total Estimate $ 20,686.11
300 Site Prep
3" x12" Wide Soil Removal at Edges - 6,090 Total Length @ 8 Medians 85 TON $ 240.32 TON $ 20,427.20 6" Soil Removal @ 4-8" Angular Rock Area - 15,225 SF 425 TON $ 194.89 TON $ 82,828.25 Vegetation Removal 34,541 SF $ 0.22 SF $ 7,599.02
Grow & Kill (1 Application) 34,541 SF $ 0.19 SF $ 6,562.79 300 - Site Prep Total Estimate $ 117,417.26
400 Hardscape
4"- 8" Rubble - Copper Canyon (Dry Set) - 15,225 SF 423 TON $ 282.41 TON $ 119,459.43 2' Navajo Boulder 25 EA $ 222.44 EA $ 5,561.00
3' Navajo Boulder 25 EA $ 281.54 EA $ 7,038.50
2" Layer of Non-Stabilized Decomposed Granite Fines - Beige Blush - 19,316 SF 197 TON $ 273.86 TON $ 53,950.42 400 - Hardscape Total Estimate $ 186,009.35
Cap, Abandon & Modify Existing Irrigation 1 LS $ 8,895.05 LS $ 8,895.05 Drip Remote Control Valve (Drip Zone Kit) 18 EA $ 1,394.09 EA $ 25,093.62 Drip Hose(On-Grade) 9,200 LF $ 2.31 LF $ 21,252.00
Tree Drip Ring @ Existing Trees 20 EA $ 187.83 EA $ 3,756.60 Tree Drip Ring @ New Trees 59 EA $ 171.89 EA $ 10,141.51 Single Outlet Emitter 2,467 EA $ 6.10 EA $ 15,048.70
Flush Valve 36 EA $ 124.71 EA $ 4,489.56
Air Relief Valve 18 EA $ 117.13 EA $ 2,108.34
500 - Irrigation Total Estimate $ 90,785.38
600 Planting
15 Gal Tree 59 EA $ 211.55 EA $ 12,481.45
1 Gal Grass-Like/Drought Tolerant (36" O.C. ) - 19,316 SF 2,467 EA $ 16.76 EA $ 41,346.92 600 - Planting Total Estimate $ 53,828.37
800 Maintenance
90-Day Maintenance Period 3 MO $ 3,292.76 MO $ 9,878.28 800 - Maintenance Total Estimate $ 9,878.28
Total Estimate $ 478,604.75
500 Irrigation
6 Exhibit A-2
TEL 800 • 794 • 9458 • FAX 626 • 960 • 8477 • www.mariposa-ca.com 6232 SANTOS DIAZ ST., IRWINDALE, CA 91702 • CA CONTRACTOR’S LIC # 592268 A, C-27, D-49 Our Core Values – Safety • Teamwork • Quality • Integrity Wednesday August 31, 2022
Jose Gutierrez- Field Services Manager
City of Pico Rivera
6615 Passons Blvd
Pico Rivera, CA 90660
RE: Landscape Maintenance Service Contract (#18-1825) – Request for Increase.
Dear Mr. Gutierrez,
Mariposa Landscapes, Inc., hereby requests the renewal of our current landscape maintenance agreements for an additional year. This one year extension will begin on October 1st, 2022 and will end on September 30, 2023.
However, due to the increases to the minimum wage and other operating costs, we are requesting that our contract prices and unit prices be increased 5%. This increase would bring the monthly price to $20,475.00.
I want to take this opportunity to thank you for allowing Mariposa Landscapes, Inc. to provide quality landscape maintenance services to the City of Pico Rivera and its residents. We look forward to continue servicing the city for many years to come.
Respectfully,
Tony Valenzuela- Branch Manager
[email protected]
626-252-4210 cell (626) 960-8477 fax
7 Exhibit A-2
To: Mayor and City Council
From: City Manager
Meeting Date: September 13, 2022
Subject: AWARD A PROFESSIONAL SERVICES AGREEMENT TO
3DI, INC., TO DEVELOP AN ONLINE PERMITTING
SOFTWARE
Recommendation:
1. Authorize the City Manager to execute a Professional Services Agreement with 3Di, Inc. to purchase the 3Di Engage Permit Solution (an online permitting software) for an amount not-to-exceed $168,500, for fiscal year (FY) 2022-23 through FY 2026-27;
2. Amend the FY 2022-23 budget in the amount of $48,500 to Account No. 699.30.3010.54500 for the first-year expenses for services provided by 3Di, Inc.; and
3. Authorize the City Manager to execute the Agreement in a form acceptable to the City Attorney.
Fiscal Impact:
The recommended action will impact the General Fund in FY 2024-25, FY 2025-26, and FY 2026-27 in an amount of $30,000 annually for subscription costs that are proposed to be expended from GL Account No. 100.30.3000.54500. The costs associated with the 3Di Engage Permit Solution, and the first two (2) years of subscription expenses are for a not-to-exceed amount of $48,500 for FY 2022-23 and $30,000 for FY 2023-24, funded through the LEAP grant that will be expended from GL Account No. 699.30.301.54500.
Background:
In 2020, the City Council authorized City staff to apply for a $300,000 grant from the California Department of Housing and Community Development through the Local Early Action Planning Grant Program (LEAP). LEAP provided funding to jurisdictions to implement project that accelerate housing production. The City qualified for a $300,000 grant (based on population) to implement an online permitting system that streamlines, automates, and facilitates permit processing to accelerates housing production through an improved City review process (Agreement No. 20-LEAP-15747, the LEAP Agreement). Pursuant to the LEAP Agreement, Exhibit D, Accounting Records 2.C. “The 13 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022 PROFESSIONAL SERVICES AGREEMENT WITH 3DI INC FOR ONLINE PERMITTING
SOFTWARE
Grantee shall maintain documentation of its normal procurement policy and competitive bid process (including the use of sole source purchasing), and financial records of expenditures...,” the City proposes to utilize a sole source procurement process for compatibility with the overall Virtual City Hall platform that 3Di, Inc. (3Di) is currently designing for the City. The following provides a breakdown of the funding sources identified for the 3Di Engage Permit Solution:
LEAP Grant Fund General Fund
Item FY 2022-23 FY 2023-24 FY 2024-25 FY 2025-26 FY 2026-27 System
Development $18,500 - - - -
Subscription $30,000 $30,000 $30,000 $30,000 $30,000
Total $48,500 $30,000 $30,000 $30,000 $30,000
78,500 $90,000
The online permitting software from 3Di, Inc., will develop and maintain a system that integrates with real-time review software (such as BlueBeam) that will also expedite the issuance of planning, building and public works permits for increased housing production.
Additional LEAP grant funds are proposed to be used for the purchase of real-time plan review software such as BlueBeam, project management expenses to assist in data migration and training for City staff and scanning of historic building permits and plans on file with the City.
Discussion:
In response to the COVID-19 pandemic, the City transitioned from accepting traditional paper plans to digital submissions. The current permitting system is unable to integrate digital plan submittals, thereby creating delays in the plan approval process. wanted to ensure the new software solution can be fully integrated with the overall Virtual City Hall platform including ESRI GIS, the payment portal and back-end financial system (New World), plan review software, and the Code Enforcement Case Management system (also deployed by 3Di). With the focus of seeking an online permitting system that would be compatible with the Virtual City Hall platform that 3Di recently designed and the significant competitive pricing, City staff opted to proceed with a sole source vendor process.
The Agreement includes the cost to develop, configure, test, deploy, integrate, and maintain the building permit solution. The total cost also includes direct support and training of City of staff to develop, support and maintain new online permitting capabilities to the City’s existing Virtual City Hall platform.
Conclusion:
Staff recommends the approval of the Professional Services Agreement with 3Di, Inc. to develop and implement an online permitting software system that will enhance customer CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022 PROFESSIONAL SERVICES AGREEMENT WITH 3DI INC FOR ONLINE PERMITTING
SOFTWARE
service by providing faster, more efficient plan review and permit processing, that will increase housing production to meet the goals of the LEAP Grant.
Steve Carmona
SC:MG:VF
Enclosures: 1) Professional Services Agreement with 3Di, Inc. 2) Agreement No. 20-LEAP-15747
AGREEMENT NO. _______
PROFESSIONAL SERVICES AGREEMENT
BETWEEN THE CITY OF PICO RIVERA AND
3Di, INC.
1. IDENTIFICATION
THIS PROFESSIONAL SERVICES AGREEMENT (“Agreement”) is entered into by and between the City of Pico Rivera, a California municipal corporation (“City”) and 3Di, Inc. (“Consultant”). City and Consultant are sometimes hereinafter individually referred to as a “Party” and collectively referred to as “Parties.”
2. RECITALS
2.1 City has determined that it requires professional services from a consultant to develop, configure, test, deploy, integrate, and maintain a building permit software solution to streamline and expedite digital plan check and issuance of building permits.
2.2 Consultant represents that it is fully qualified to perform such professional services by virtue of its experience and the training, education and expertise of its principals and employees. Consultant further represents that it is willing to accept responsibility for performing such services in accordance with the terms and conditions set forth in this Agreement.
NOW, THEREFORE, for and in consideration of the performance by the Parties of the mutual covenants and conditions herein contained, the Parties hereto agree as follows:
3. DEFINITIONS
3.1 “Scope of Services”: Such professional services as are set forth in the Consultant’s June 9, 2022 proposal to City attached hereto as Exhibit A and incorporated herein by this reference.
3.2 “Pricing Schedule”: A breakdown of such compensation rates as are set forth in the Consultant’s June 9, 2022 proposal to City attached hereto as Exhibit B.
3.3 “Commencement Date”: September 13, 2022
3.4 “Expiration Date”: June 30, 2027
4. TERM
The term of this Agreement shall commence at 12:00 a.m. on the Commencement Date and shall expire at 11:59 p.m. on the Expiration Date unless extended by written agreement of the Parties or terminated in accordance with Section 22 below.
Enclosure 1
13a
Professional Services Agreement
3Di, Inc. – 3Di Engage Permit Solution
5. CONSULTANT’S SERVICES
5.1 Consultant shall perform the services identified in the Scope of Services.
City shall have the right to request, in writing, changes in the Scope of Services. Any such changes mutually agreed upon by the Parties, and any corresponding increase or decrease in compensation, shall be incorporated by written amendment to this Agreement. In no event shall the total compensation and costs payable to Consultant under this Agreement exceed the sum of ONE HUNDRED AND SIXTY-FIVE THOUSAND DOLLARS ($165,000.00) unless specifically approved in advance, in writing, by City.
5.2 Consultant shall perform all work to the highest professional standards of Consultant’s profession and in a manner reasonably satisfactory to City.
6. COMPENSATION
6.1 City agrees to compensate Consultant for the services provided under this Agreement, and Consultant agrees to accept in full satisfaction for such services, payment in accordance with the Approved Fee Schedule.
6.2 Consultant shall submit to City an invoice, on a monthly basis or less frequently, for the services performed pursuant to this Agreement. Each invoice shall itemize the services rendered during the billing period and the amount due. Within ten (10) business days of receipt of each invoice, City shall notify Consultant in writing of any disputed amounts included on the invoice. Within thirty (30) calendar days of receipt of each invoice, City shall pay all undisputed amounts included on the invoice. City shall not withhold applicable taxes or other authorized deductions from payments made to Consultant.
6.3 Payments for any services requested in writing by City and not included in the Scope of Services shall be made to Consultant by City on a time-and-materials basis using Consultant’s standard fee schedule. Consultant shall be entitled to increase the fees in this fee schedule at such time as it increases its fees for its clients generally; provided, however, in no event shall Consultant be entitled to increase fees for services rendered before the thirtieth (30th) day after Consultant notifies City in writing of an increase in that fee schedule. Fees for such additional services shall be paid within sixty (60) days of the date Consultant issues an invoice to City for such services.
7. BUSINESS LICENSE
Consultant shall obtain a City business license prior to commencing performance under this Agreement.
8. COMPLIANCE WITH LAWS
Consultant shall keep informed of State, Federal and Local laws, ordinances, Professional Services Agreement
3Di, Inc. – 3Di Engage Permit Solution
codes and regulations that in any manner affect those employed by it or in any way affect the performance of its services pursuant to this Agreement. The Consultant shall at all times comply with such laws, ordinances, codes and regulations. Without limiting the generality of the foregoing, if Consultant is an out-of-state corporation or LLC, it must be qualified or registered to do business in the State of California pursuant to sections 2105 and 17451 of the California Corporations Code. The City, its officers and employees shall not be liable at law or in equity occasioned by failure of Consultant to comply with this Section.
9. CONFLICT OF INTEREST
Consultant covenants that it presently has no interest and shall not acquire any interest, direct or indirect, which may be affected by the services to be performed by Consultant under this Agreement, or which would conflict in any manner with the performance of its services hereunder. During the term of this Agreement, Consultant shall not perform any work for another person or entity for whom Consultant was not working at the Commencement Date if both (i) such work would require Consultant to abstain from a decision under this Agreement pursuant to a conflict of interest statute; and (ii) City has not consented in writing prior to Consultant’s performance of such work.
10. PERSONNEL
Consultant represents that it has, or will secure at its own expense, all personnel required to perform the services identified in the Scope of Services. All such services shall be performed by Consultant or under its supervision, and all personnel engaged in the work shall be qualified to perform such services. Consultant reserves the right to determine the assignment of its own employees to the performance of Consultant’s services under this Agreement, but City reserves the right, for good cause, to require Consultant to exclude any employee from performing services on City’s premises. Shakir Shaikh, Project Manager, shall be Consultant’s project administrator and shall have direct responsibility for management of Consultant’s performance under this Agreement. No change shall be made in Consultant’s project administrator without City’s prior written consent.
11. CALIFORNIA COOPERATIVE/PIGGYBACK PURCHASING
For the term of the Contract and any mutually agreed extensions pursuant to this agreement, at the option of the vendor, other public agencies or public corporations, including any county, city, town, school district, community college, public utility district or other public corporation or agency within the State of California, may purchase and/or subscribe to the identical or similar service(s) at the same pricing schedule and upon the same terms and conditions pursuant to any applicable Public Contract or other relative legal Code.
City of Pico Rivera waives its right to require such other districts and offices to draw their warrants in the favor of the City/county and agreements, orders, and payments may Professional Services Agreement
3Di, Inc. – 3Di Engage Permit Solution
be made directly between the vendor and the public agency/corporation.
12. INDEPENDENT CONTRACTOR
12.1 Consultant is, and shall at all times remain as to City, a wholly independent contractor. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise to act on behalf of City as an agent. Neither City nor any of its officers, employees or agents shall have control over the conduct of Consultant or any of Consultant’s employees, except as set forth in this Agreement. Consultant shall not at any time represent that it is, or that any of its agents or employees are, in any manner employees of City.
12.2 The Parties further acknowledge and agree that nothing in this Agreement shall create or be construed to create a partnership, joint venture, employment relationship or any other relationship except as set forth in this Agreement.
12.3 City shall not deduct from the Compensation paid to Consultant any sums required for Social Security, withholding taxes, FICA, state disability insurance or any other federal, state or local tax or charge which may or may not be in effect or hereinafter enacted or required as a charge or withholding on the compensation paid to Consultant.
City shall have no responsibility to provide Consultant, its employees or subcontractors with workers’ compensation insurance or any other insurance.
13. CONFIDENTIALITY
All data, documents, discussion, or other information developed or received by Consultant or provided for performance of this Agreement are deemed confidential and shall not be disclosed by Consultant without prior written consent by City. City shall grant such consent if disclosure is legally required. Upon request, all City data and any copies thereof shall be returned to City upon the termination or expiration of this Agreement. 14 NON-LIABILITY OF CITY OFFICIALS AND EMPLOYEES
No official or employee of the City shall be personally liable to Consultant in the event of any default or breach by City, or for any amount which may become due to Consultant.
15. INDEMNIFICATION
15.1 The Parties agree that City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers should, to the extent permitted by law, be fully protected from any loss, injury, damage, claim, lawsuit, cost, expense, attorneys’ fees, litigation costs, or any other cost arising out of or in any way related to the performance of this Agreement. Accordingly, the provisions of this indemnity provision are intended by the Parties to be interpreted and construed to provide Professional Services Agreement
3Di, Inc. – 3Di Engage Permit Solution
the fullest protection possible under the law to City. Consultant acknowledges that City would not enter into this Agreement in the absence of Consultant’s commitment to indemnify and protect City as set forth herein.
15.2 To the full extent permitted by law, Consultant shall indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant or any of its officers, employees, servants, agents, or subconsultants in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.
15.3 City shall have the right to offset against the amount of any compensation due Consultant under this Agreement any amount due City from Consultant as a result of Consultant’s failure to pay City promptly any indemnification arising under this Section 15 and related to Consultant’s failure to either (i) pay taxes on amounts received pursuant to this Agreement or (ii) comply with applicable workers’ compensation laws.
15.4 The obligations of Consultant under this Section 15 will not be limited by the provisions of any workers’ compensation act or similar act. Consultant expressly waives its statutory immunity under such statutes or laws as to City, its officers, agents, employees and volunteers.
15.5 Consultant agrees to obtain executed indemnity agreements with provisions identical to those set forth here in this Section 15 from each and every subcontractor or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. In the event Consultant fails to obtain such indemnity obligations from others as required herein, Consultant agrees to be fully responsible and indemnify, hold harmless and defend City, its officers, agents, elected and appointed officials, employees, affiliated public agencies and volunteers from and against any and all claims, demands, lawsuits, causes of action, losses, costs or expenses for any damage due to death or injury to any person and injury to any property resulting from or arising out of any alleged intentional, reckless, negligent, or otherwise wrongful acts, errors or omissions of Consultant’s subcontractors or any other person or entity involved by, for, with or on behalf of Consultant in the performance of this Agreement. Such costs and expenses shall include reasonable attorneys’ fees incurred by counsel of City’s choice.
15.6 City does not, and shall not, waive any rights that it may possess against Consultant because of the acceptance by City, or the deposit with City, of any insurance policy or certificate required pursuant to this Agreement. This hold harmless and indemnification provision shall apply regardless of whether or not any insurance policies are determined to be applicable to the claim, demand, damage, liability, loss, cost or expense.
Professional Services Agreement
3Di, Inc. – 3Di Engage Permit Solution
15.7 PERS ELIGIBILITY INDEMNITY. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement claims or is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of the City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, as well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City.
Notwithstanding any other agency, state or federal policy, rule, regulation, law or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing service under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in PERS as an employee of City and entitlement to any contribution to be paid by City for employer contribution and/or employee contributions for PERS benefits.
16. INSURANCE
16.1 During the term of this Agreement, Consultant shall carry, maintain, and keep in full force and effect insurance against claims for death or injuries to persons or damages to property that may arise from or in connection with Consultant’s performance of this Agreement. Such insurance shall be of the types and in the amounts as set forth below:
16.1.1 Comprehensive General Liability and Umbrella or Excess Liability Insurance covering all operations by or on behalf of Consultant providing insurance for bodily injury liability and property damage liability for the following and including coverage for:
16.1.1.1 Premises, operations, and mobile equipment;
16.1.1.2 Products and completed operations;
16.1.1.3 Broad form property damage (including completed operations);
16.1.1.4 Explosion, collapse, and underground hazards;
16.1.1.5 Personal injury; and
16.1.1.6 Contractual liability
in the amount of One Million Dollars ($1,000,000) per occurrence combined single limit; Two Million Dollars ($2,000,000) aggregate for products/completed operation; Two Million Dollars ($2,000,000) general aggregate (General aggregate must apply separately to Consultant’s work under this Agreement.); and Five Million Dollars ($5,000,000) umbrella or excess liability.
Professional Services Agreement
3Di, Inc. – 3Di Engage Permit Solution
16.1.2 Automobile Liability Insurance for owned, hired and non-owned vehicles utilized by Consultant, its employees or subcontractors, in the amount of One Million Dollars ($1,000,000) per accident for bodily injury and property damage.
16.1.3 Worker’s Compensation Insurance as required by the laws of the State of California, with Statutory Limits, and Employer's Liability Insurance with limit of no less than One Million Dollars ($1,000,000) per accident for bodily injury or disease.
16.1.4 Professional Liability Insurance against errors and omissions in the performance of the work under this Agreement with coverage limits of not less than One Million Dollars ($1,000,000) per occurrence of claim/ Two Million Dollars ($2,000,000) in the aggregate.
16.2 Consultant shall require each of its subcontractors, if any, to maintain insurance coverage that meets all of the requirements of this Agreement.
16.3 The policy or policies required by this Agreement shall be issued by an insurer admitted in the State of California and with a rating of at least A:VII in the latest edition of Best’s Insurance Guide.
16.4 Consultant agrees that if it does not keep the aforesaid insurance in full force and effect City may either (i) immediately terminate this Agreement; or (ii) take out the necessary insurance and pay, at Consultant’s expense, the premium thereon.
16.5 At all times during the term of this Agreement, Consultant shall maintain on file with City’s Risk Manager a certificate or certificates of insurance showing that the aforesaid policies are in effect in the required amounts and, for the general liability and automobile liability policies, naming the City as an additional insured. Consultant shall, prior to commencement of work under this Agreement, file with City’s Risk Manager such certificate(s).
16.6 Consultant shall provide proof that policies of insurance required herein expiring during the term of this Agreement have been renewed or replaced with other policies providing at least the same coverage. Consultant shall provide such proof to City at least two weeks prior to the expiration of the coverages.
16.7 The general liability and automobile policies of insurance required by this Agreement shall contain an endorsement naming City, its officers, employees, agents and volunteers as additional insureds. All of the policies required under this Agreement shall contain an endorsement providing that the policies cannot be canceled or reduced except on thirty days’ prior written notice to City. Consultant agrees to require its insurer to modify the certificates of insurance to delete any exculpatory wording stating that failure of the insurer to mail written notice of cancellation imposes no obligation, and to delete the word “endeavor” with regard to any notice provisions.
Professional Services Agreement
3Di, Inc. – 3Di Engage Permit Solution
16.8 The general liability and automobile policies of insurance provided by Consultant shall be primary to any coverage available to City. Any insurance or selfinsurance maintained by City, its officers, employees, agents or volunteers, shall be in excess of Consultant’s insurance and shall not contribute with it.
16.9 All insurance coverage provided pursuant to this Agreement shall not prohibit Consultant, and Consultant’s employees, agents or subcontractors, from waiving the right of subrogation prior to a loss. Consultant hereby waives all rights of subrogation against the City.
16.10 Any deductibles or self-insured retentions must be declared to and approved by the City. At the option of City, Consultant shall either reduce or eliminate the deductibles or self-insured retentions with respect to City, or Consultant shall procure a bond guaranteeing payment of losses and expenses.
16.11 Procurement of insurance by Consultant shall not be construed as a limitation of Consultant’s liability or as full performance of Consultant’s duties to indemnify, hold harmless and defend under Section 15 of this Agreement.
16.12 If Consultant maintains broader coverage and/or higher limits than the minimums shown above, the City requires and shall be entitled to the broader coverage and/or the higher limits maintained by the Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.
17. MUTUAL COOPERATION
17.1 City shall provide Consultant with all pertinent data, documents and other requested information as is reasonably available to City for the proper performance of Consultant’s services under this Agreement.
17.2 In the event any claim or action is brought against City relating to Consultant’s performance in connection with this Agreement, Consultant shall render any reasonable assistance that City may require.
18. RECORDS AND INSPECTIONS
Consultant shall maintain full and accurate records with respect to all matters covered under this Agreement for a period of three years after the expiration or termination of this Agreement. City shall have the right to access and examine such records, without charge, during normal business hours. City shall further have the right to audit such records, to make transcripts therefrom and to inspect all program data, documents, proceedings, and activities.
19. PERMITS AND APPROVALS
Professional Services Agreement
3Di, Inc. – 3Di Engage Permit Solution
Consultant shall obtain, at its sole cost and expense, all permits and regulatory approvals necessary in the performance of this Agreement. This includes, but shall not be limited to, encroachment permits and building and safety permits and inspections.
20. NOTICES
Any notices, bills, invoices, or reports required by this Agreement shall be deemed received on: (i) the day of delivery if delivered by hand, facsimile, email, or overnight courier service during Consultant’s and City’s regular business hours; or (ii) on the third business day following deposit in the United States mail if delivered by mail, postage prepaid, to the addresses listed below (or to such other addresses as the Parties may, from time to time, designate in writing).
If to City: If to Consultant:
Steve Carmona, City Manager
City of Pico Rivera
PO Box 1016
6615 Passons Blvd.
Pico Rivera, California 90660-1016
Facsimile: (562) 801-4765
Mihir Desai, C.F.O.
3Di, Inc.
3 Pointe Drive, Suite 307
Brea, CA 92821
With a courtesy copy to:
Arnold M. Alvarez-Glasman, City Attorney
13181 Crossroads Parkway North
Suite 400 - West Tower
City of Industry, CA 91746
Facsimile: (562) 692-2244
Rajiv Desai, C.E.O.
3Di, Inc.
3 Pointe Drive, Suite 307
Brea, CA 92821
21. SURVIVING COVENANTS
The Parties agree that the covenants contained in Sections 13, 15 and Paragraph
17.2 of Section 17, of this Agreement shall survive the expiration or termination of this Agreement.
22. TERMINATION
22.1. City shall have the right to terminate this Agreement for any reason on five (5) calendar days’ written notice to Consultant. Consultant shall have the right to terminate this Agreement for any reason on sixty (60) calendar days’ written notice to City. The effective date of termination shall be upon the date specified in the notice of termination. Consultant agrees that in the event of such termination, City’s obligation to pay Consultant shall be limited to payment only for those services satisfactorily rendered prior to the effective date of termination. Consultant agrees to cease all work under this Professional Services Agreement
3Di, Inc. – 3Di Engage Permit Solution
Agreement on or before the effective date of any notice of termination. All City data, documents, objects, materials or other tangible things shall be returned to City upon the termination or expiration of this Agreement.
22.2 If City terminates this Agreement due to no fault or failure of performance by Consultant, then Consultant shall be paid based on the work satisfactorily performed at the time of termination. In no event shall Consultant be entitled to receive more than the amount that would be paid to Consultant for the full performance of the services required by this Agreement.
23. ASSIGNMENT
Consultant shall not delegate, transfer, subcontract or assign its duties or rights hereunder, either in whole or in part, without City’s prior written consent, and any attempt to do so shall be void and of no effect. City shall not be obligated or liable under this Agreement to any Party other than Consultant.
24. NON-DISCRIMINATION AND EQUAL EMPLOYMENT OPPORTUNITY
24.1 In the performance of this Agreement, Consultant shall not discriminate against any employee, subcontractor, or applicant for employment because of race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation. Consultant will take affirmative action to ensure that subcontractors and applicants are employed, and that employees are treated during employment, without regard to their race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
24.2 Consultant will, in all solicitations or advertisements for employees placed by or on behalf of Consultant state either that it is an equal opportunity employer or that all qualified applicants will receive consideration for employment without regard to race, color, creed, religion, sex, marital status, national origin, ancestry, age, physical or mental handicap, medical condition or sexual orientation.
24.3 Consultant will cause the foregoing provisions to be inserted in all subcontracts for any work covered by this Agreement except contracts or subcontracts for standard commercial supplies or raw materials.
25. WARRANTIES
25.1 Each Party has received independent legal advice from its attorneys with respect to the advisability of entering into and executing this Agreement, or been provided with an opportunity to receive independent legal advice and has freely and voluntarily waived and relinquished the right to do so. Each Party who has not obtained independent counsel acknowledges that the failure to have independent legal counsel will not excuse such Party’s failure to perform under this Agreement.
Professional Services Agreement
3Di, Inc. – 3Di Engage Permit Solution
25.2 In executing this Agreement, each Party has carefully read this Agreement, knows the contents thereof, and has relied solely on the statements expressly set forth herein and has placed no reliance whatsoever on any statement, representation, or promise of any other party, or any other person or entity, not expressly set forth herein, nor upon the failure of any other party or any other person or entity to make any statement, representation or disclosure of any matter whatsoever.
25.3 It is agreed that each Party has the full right and authority to enter into this Agreement, and that the person executing this Agreement on behalf of either Party has the full right and authority to fully commit and bind such Party to the provisions of this Agreement.
26. CAPTIONS
26.1 The captions appearing at the commencement of the sections hereof, and in any paragraph thereof, are descriptive only and for convenience in reference to this Agreement. Should there be any conflict between such heading, and the section or paragraph thereof at the head of which it appears, the section or paragraph thereof, as the case may be, and not such heading, shall control and govern in the construction of this Agreement.
26.2 Masculine or feminine pronouns shall be substituted for the neuter form and vice versa, and the plural shall be substituted for the singular form and vice versa, in any place or places herein in which the context requires such substitution(s).
27. NON-WAIVER
27.1 The waiver by City or Consultant of any breach of any term, covenant or condition herein contained shall not be deemed to be a waiver of such term, covenant or condition or of any subsequent breach of the same or any other term, covenant or condition herein contained. In no event shall the making by City of any payment to Consultant constitute or be construed as a waiver by City of any breach of covenant, or any default which may then exist on the part of Consultant, and the making of any such payment by City shall in no way impair or prejudice any right or remedy available to City with regard to such breach or default. No term, covenant or condition of this Agreement shall be deemed to have been waived by City or Consultant unless in writing.
27.2 Each right, power and remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise shall be cumulative and shall be in addition to every other right, power, or remedy provided for herein or now or hereafter existing at law, in equity, by statute, or otherwise. The exercise, the commencement of the exercise, or the forbearance of the exercise by any Party of any one or more of such rights, powers or remedies shall not preclude the simultaneous or later exercise by such Party of any of all of such other rights, powers or remedies.
27.3 Consultant shall not be liable for any failure to perform if Consultant Professional Services Agreement
3Di, Inc. – 3Di Engage Permit Solution
presents acceptable evidence, in City’s sole judgment that such failure was due to causes beyond the control and without the fault or negligence of Consultant.
28. COURT COSTS AND ATTORNEY FEES
In the event legal action shall be necessary to enforce any term, covenant or condition herein contained, the Party prevailing in such action, whether reduced to judgment or not, shall be entitled to its reasonable court costs, including accountants’ fees and expert witness fees, if any, and attorneys’ fees expended in such action. The venue for any litigation shall be Los Angeles County, California.
29. SEVERABILITY
If any term or provision of this Agreement or the application thereof to any person or circumstance shall, to any extent, be invalid or unenforceable, then such term or provision shall be amended to, and solely to, the extent necessary to cure such invalidity or unenforceability, and in its amended form shall be enforceable. In such event, the remainder of this Agreement, or the application of such term or provision to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby, and each term and provision of this Agreement shall be valid and be enforced to the fullest extent permitted by law.
30. GOVERNING LAW
This Agreement shall be governed and construed in accordance with the laws of the State of California.
31. COUNTERPARTS
This Agreement may be signed in any one or more counterparts all of which taken together shall be but one and the same Agreement. Any signed copy of this Agreement or of any other document or agreement referred to herein, or copy or counterpart thereof, delivered by facsimile or email transmission, shall for all purposes be treated as if it were delivered containing an original manual signature of the Party whose signature appears in the facsimile or email and shall be binding upon such Party in the same manner as though an originally signed copy had been delivered.
32. ENTIRE AGREEMENT
All documents referenced as exhibits in this Agreement are hereby incorporated in this Agreement. In the event of any material discrepancy between the express provisions of this Agreement and the provisions of any document incorporated herein by reference, the provisions of this Agreement shall prevail. This instrument contains the entire Agreement between City and Consultant with respect to the transactions contemplated herein. No other prior oral or written agreements are binding upon the Parties.
Amendments hereto or deviations herefrom shall be effective and binding only if made in Professional Services Agreement
3Di, Inc. – 3Di Engage Permit Solution
writing and executed by City and Consultant.
TO EFFECTUATE THIS AGREEMENT, the Parties have caused their duly authorized representatives to execute this Agreement on the dates set forth below. “CITY” “CONSULTANT”
CITY OF PICO RIVERA 3Di, Inc.
______________________________ ___________________________________ Steve Carmona, City Manager Mihir Desai, C.F.O.
Dated: ________________________ Dated: _____________________________ ATTEST: APPROVED AS TO FORM:
___________________________ ___________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney Professional Services Agreement
3Di, Inc. – 3Di Engage Permit Solution
EXHIBIT A
SCOPE OF SERVICES
Professional Services Agreement
3Di, Inc. – 3Di Engage Permit Solution
EXHIBIT B
PRICING SCHEDULE
Price Proposal for the implementation of
3Di Engage Permit Solution
for
The City of Pico Rivera
3Di, Inc.
3 Pointe Drive, Suite 307
Brea, CA 92821
www.3disystems.com
Exhibit A
1 Project Scope
The following items describe the complete scope of the proposed project.
1. Implementation of the 3Di Engage-based building permitting solution
2. Integration of the permitting system with the online payment system
3. Integration of the permitting system with the Blue Beam plan check system
4. Integration of the permitting system with the City’s Virtual City Hall
5. Mobile app for permit inspection
6. Maintenance and Operation of the solution.
3Di offers several solutions for customer engagement, housing, and public safety based on the 3Di Engage platform. Several cities, counties, and public sector agencies are using solutions based on 3Di Engage for applications including, 311, Affordable Housing, Rent Control, Rent Registry, Eviction Management, Homeless Issue Management, Rental Inspection, Code Enforcement, Community Policing, Fire Prevention, Transportation, and Victim Assistance Programs.
Most applications developed using 3Di Engage require no programming. The built-in case management system is quickly configured for the customers’ use cases.
Scope Assumptions
● The city will make available all of the city resources necessary for gathering system requirements, testing and training.
● The city will be responsible for facilitating the cooperation and technical support for the third party product integration including:
○ Identity management
○ GIS
○ Payment system
○ ERP
○ Plan Check
○ Other integrations deemed necessary for this project
2 Pricing
The following table shows the pricing for the proposed project. The pricing discounts are shown in the footnotes.
Year 1 Year 2 Year 3 Year 4 Year 5
Section 1: Services
Project Management
$30,000
1 $18,500
$ - $ - $ - $ -
Requirements Analysis $ - $ - $ - $ -
Design (includes UX/UI
Design)
$ - $ - $ - $ -
Development (Build,
Configure & Integration)
$ - $ - $ - $ -
System Testing $ - $ - $ - $ -
Implementation/Deploym
ent
$ - $ - $ - $ -
Training $ - $ - $ - $ -
Post-Implementation
stabilization
$ - $ - $ - $ -
Integration with other
systems (City GIS, ADFS)
$ - $ - $ - $ -
Total Software and
Services Costs
$18,500 $ - $ - $ - $ -
Section 2: Ongoing Maintenance, Operation & Support (SaaS) Monthly Subscription
Cost for Maintenance &
Operation
$3,000
2 $2,500
$2,500 $2,500 $2,500 $2,500
Number of Months 12 12 12 12 12
Total Annual Subscription
Cost
$30,000 $30,000 $30,000 $30,000 $30,000
Other SaaS Cost
(Optional)
$ - $ - $ - $ - $ -
Total SaaS Costs $30,000 $30,000 $30,000 $30,000 $30,000 TOTAL COSTS $48,500 $30,000 $30,000 $30,000 $30,000
2 Monthly subscription cost discount 16.67% for customers already using 3Di Engage platform 1 Implementation cost discount 38.3% for customers already using 3Di Engage platform 3 Pricing Metrics
Number of Permitsyear
Tier 1: 0-25,000 permits/year Included in base pricing
Tier 2: 25,001-50,000 permitss/year Base+$1,000/month
Tier 3: over 50,000 permits.year TBD
Number of Genie Support Hours
10 hours/month Included in base pricing
20 hours/month Base+$1,000/month
30 hours/month Base+2,000/month
40 hours/month Base+$3,000/month
More than 40 hours/month TBD
Application Module & Systems Integration (if applicable) Standard implementation and integration with
● ESRI GIS
● ADFS
● Payment Gateway
● Bluebeam plan check
● Virtual City Hall
Included in base pricing
4 Pricing Assumptions
● Annual payments for subscription are preferred, but monthly payments can be accommodated upon request. Subscriptions are billed at the time of contract execution.
Implementation costs are billed upon completion of the implementation. ● Renewals for years 2 through 5 will be at the same rates stated and automatic unless the department terminates their subscription in writing 90 days prior to the renewal date. ● Data migration any existing systems are not included. ● The customer will make available necessary resources for requirements gathering, testing, deployment, and training as required by the project plan. ● 3Di’s Engage based solution will provide cloud-based data archival, depending on which option the customer decides to purchase. As long as the subscription is active, 3Di will continue the storage. The customer will be able to access the data in the system at any time. The customer will have the ability and right to download the data for other storage/usage options.
● Any cost related to sending text message notifications is not included. 3/1/2021
Enclosure 2
13b
To: Mayor and City Council
From: City Manager
Meeting Date: September 13, 2022
Subject: PICO RIVERA INNOVATIVE MUNICIPAL ENERGY
(PRIME) POWER CONTENT LABEL AND ATTESTATION
Recommendation:
1. Provide the attestation specified under California’s Power Source Disclosure (PSD) Program, which requires the governing council of a public agency providing retail electric service to endorse the accuracy of each annual report and power content label, as submitted to the California Energy Commission, for the previous year. In the case of Pico Rivera Innovative Municipal Energy (PRIME), such attestations will be based on the California Choice Energy Authority’s (CalChoice) technical review and will address the 2021 Annual Reports and Power Content Labels (PCL) prepared for the PRIME community choice aggregation (CCA) program.
Fiscal Impact:
There is no direct fiscal impact created by this action. However, the PCL is required by the California Energy Commission (CEC) to be mailed to all PRIME customers no later than October 1, 2022. The costs associated with printing and mailing this document are properly appropriated within the adopted fiscal year (FY) 2022-2023 budget.
The estimated costs of each service this entails is as follows: $800 for Print, Duplicate, & Photocopy (GL Account No. 560.16.1600-52400); $3,500 for Postage (GL Account No. 560.16.1600-52100); $2,850 for Advertising & Publication (GL Account No. 560.16.1600-52300).
Background:
Assembly Bill (AB) 162 and Senate Bill (SB) 1305 require all retail electricity suppliers to disclose information to California consumers about the energy resources used to generate the electricity they sell. This required communication has been termed the “Power Content Label” by the CEC, the agency charged with regulatory enforcement.
In addition, the California Public Utilities Code requires all retail sellers of electricity, including PRIME, to disclose “accurate, reliable, and simple-to-understand information on the sources of energy” that are delivered to their respective customers via an annual PCL (Public Utilities Code § 398.1 et seq).
14 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022
PICO RIVERA INNOVATIVE MUNICIPAL ENERGY (PRIME) POWER CONTENT
LABEL AND ATTESTATION
The PCL is analogous to a nutrition label, conveying information regarding the various power sources/products that are procured on behalf of each retail electricity customer.
California’s retail electricity sellers, including PRIME, will each have unique PCLs based on internally adopted procurement policies and related power purchases that were completed during the reporting year. The PCL format is highly prescriptive, offering little flexibility to retail sellers when presenting such information to customers – the CEC administers these requirements under California’s Power Source Disclosure (PSD) Program. Applicable CEC regulations direct retail sellers to provide such communications no later than October 1st of each year.
Discussion:
Information presented in each PCL includes the proportionate share of total energy supply related to specific fuel sources/resource categories, including both renewable and conventional generating technologies. If a retail seller procures a certain percentage of its energy supply from sources of power that cannot be traced back to a specific generator, such as energy purchased through open market transactions, the PCL must identify such purchases as “unspecified sources of power”. It is very common for most retail electricity sellers to utilize “unspecified sources of power.” In accordance with statewide mandates and internally adopted planning targets, PRIME procured a substantial portion of its electric energy supply from generating resources utilizing various renewable fuel sources in 2021. Renewable fuel sources may include biomass & waste, hydroelectricity, solar, geothermal and wind. For PRIME Power customers, 49.9% of the energy delivered was sourced from renewable energy resources. For PRIME Future customers, 100% of the energy delivered was sourced from renewable energy resources, notably Geothermal and Biomass. Recent changes to PSD regulations have also altered the way certain renewable energy purchases must be reported on the PCL. More specifically, “unbundled” renewable energy certificates (meaning, renewable energy attributes that are sold/purchased separately from associated electric power) must now be displayed outside the area in which “bundled” renewable energy purchases (meaning, renewable energy attributes that are sold/purchased with associated electric power) are reported. This change to the PCL format may result in some customer confusion, as determining the total quantity of renewable energy purchased on behalf of each customer now requires the summation of two values: “Eligible Renewable”, plus “Percentage of Retail Sales Covered by Retired Unbundled RECs”. PRIME staff is prepared to answer related customer questions, should they arise.
To fulfill its PSD Program reporting obligations for 2021, PRIME, as a public agency, must provide the CEC with the City of Pico Rivera City Council’s (City Council) attestation regarding the accuracy of information included in the annual PSD Report (Report) which was submitted to the CEC earlier in 2022, in accordance with the applicable reporting deadline and consistent with the following element of PSD Program regulations:
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022
PICO RIVERA INNOVATIVE MUNICIPAL ENERGY (PRIME) POWER CONTENT
LABEL AND ATTESTATION
A retail supplier that is a public agency providing electric services is not required to comply with the provisions of subdivision (a)(1) if the board of directors of the public agency submits to the Energy Commission an attestation of the veracity of each annual report and power content label for the previous year. (20 CCR § 1394.2)
In the excerpt above from applicable regulations, subdivision (a)(1) refers to a thirdparty audit, which is not necessary for public agencies, including the City.
While developing PRIME’s PCL, CalChoice and its technical consultants performed a detailed review of all power purchases completed for the 2021 calendar year. The review performed by CalChoice, and its technical consultants found no inaccuracies or inconsistencies in such information, which was subsequently entered in PRIME’s annual PSD Report(s) and PCL. To fulfill its attestation requirements for 2021, Council is being asked to provide an attestation covering both the PCL and associated Annual Report(s), as specified in the excerpt above – both elements of the PSD Program reflect information that was consistently and accurately presented for the PRIME Program.
Upon approval, a copy of this staff report and related meeting minutes will be forwarded to the CEC, thereby completing PRIME’s attestation requirements under California’s Power Source Disclosure Program for the 2021 calendar year. Consistent with applicable regulations, all customers currently enrolled in the PRIME program will soon receive the PCL via U.S. mail in accordance with the October 1st deadline.
Conclusion:
Based on the foregoing, it is recommended that the City Council attest to the accuracy of both the PCL and Annual Reports related to 2021 operations of the PRIME Program (attached hereto). Fulfilling this annual requirement helps support both City and State initiatives related to transparency of information related to power purchase and fulfills pertinent obligations reflected under applicable PSD Program regulations.
Steve Carmona
SC:AG:ac
Enclosures: 1) PRIME 2021 Power Content Label Data
2) PRIME Power 2021 PSD Annual Report
3) PRIME Future 2021 PSD Annual Report
2021 POWER CONTENT LABEL
Pico Rivera Innovative Municipal Energy
https://www.poweredbyprime.org/power-sources
Greenhouse Gas Emissions Intensity
(lbs CO2e/MWh) Energy Resources 2021 PRIME POWER
Power Mix
2021 PRIME FUTURE
Power Mix
2021 CA
Power Mix
Eligible Renewable1
28.9% 32.2% 33.6%
Biomass & Biowaste 0.0% 0.0% 2.3%
642 691 456 Geothermal 9.0% 0.0% 4.8%
Eligible Hydroelectric 0.0% 0.0% 1.0%
Solar 5.6% 32.2% 14.2%
Wind 14.3% 0.0% 11.4%
Coal 0.0% 0.0% 3.0%
Large Hydroelectric 2.4% 0.0% 9.2%
Natural Gas 0.0% 0.0% 37.9%
Nuclear 6.9% 0.0% 9.3%
Other 0.0% 0.0% 0.2%
Unspecified Power2
61.8% 67.8% 6.8%
TOTAL 100.0% 100.0% 100.0%
Percentage of Retail Sales Covered by Retired Unbundled RECs3: 21% 68% 1 The eligible renewable percentage above does not reflect RPS compliance, which is determined using a different methodology. 2Unspecified power is electricity that has been purchased through open market transactions and is not traceable to a specific generation source.
3Renewable energy credits (RECs) are tracking instruments issued for renewable generation. Unbundled renewable energy credits (RECs) represent renewable generation that was not delivered to serve retail sales. Unbundled RECs are not reflected in the power mix or GHG emissions intensities above.
For specific information about this electricity
portfolio, contact:
Pico Rivera Innovative Municipal Energy
1 (800) GO-PRIME (467-7463)
For general information about the Power Content
Label, visit: http://www.energy.ca.gov/pcl/
For additional questions, please contact the
California Energy Commission at:
Toll-free in California: 844-454-2906
Outside California: 916-653-0237
2021 PRIME POWER
Power Mix
2021 PRIME FUTURE
Power Mix 2021 CA Utility Average
0 200
400
600
800
1000
2021 PRIME POWER
Power Mix
2021 PRIME FUTURE
Power Mix
2021 CA Utility
Average
ENCLOSURE 1 1 OF 1
14a
Version: May 2022
If you have questions, contact Power Source Disclosure (PSD) staff at [email protected] or (916) 805-7439.
NOTE: Information submitted in this report is not automatically held confidential. If your company wishes the information submitted to be considered confidential an authorized representative must submit an application for confidential designation (CEC-13), which can be found on the California Energy Commissions's website at https://www.energy.ca.gov/about/divisions-and-offices/chief-counsels-office.
WEBSITE URL FOR
PCL POSTING
https://www.poweredbyprime.org
Submit the Annual Report and signed Attestation in PDF format with the Excel version of the Annual Report to [email protected]. Remember to complete the Retail Supplier Name, Electricity Portfolio Name, and contact information above, and submit separate reports and attestations for each additional portfolio if multiple were offered in the previous year.
CITY, STATE, ZIP Folsom, CA 95630
PHONE (916) 936-3300
EMAIL [email protected]
NAME Kirby Dusel
TITLE Consultant
MAILING ADDRESS 1839 Iron Point Road, Suite 120
CONTACT INFORMATION
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
For the Year Ending December 31, 2021
RETAIL SUPPLIER NAME
Pico Rivera Innovative Municipal Energy
ELECTRICITY PORTFOLIO NAME
PRIME Power
Retail suppliers are required to use the posted template and are not allowed to make edits to this format. Please complete all requested information.
GENERAL INSTRUCTIONS
ENCLOSURE 2 1 OF 8
14b
Version: May 2022
Schedule 1: Procurements and Retail Sales
Schedule 2: Retired Unbundled RECs
Schedule 3: Annual Power Content Label Data
GHG Emissions Factors
Specified Purchases: A Specified Purchase refers to a transaction in which electricity is traceable to specific generating facilities by any auditable contract trail or equivalent, such as a tradable commodity system, that provides commercial verification that the electricity claimed has been sold once and only once to retail consumers. Do not enter data in the grey fields. For specified purchases, include enter following information for each line item:
Facility Name - Provide the name used to identify the facility.
Fuel Type - Provide the resource type (solar, natural gas, etc.) that this facility uses to generate electricity.
Location - Provide the state or province in which the facility is located.
Identification Numbers - Provide all applicable identification numbers from the Western Renewable Energy Generation Information System (WREGIS), the Energy Information Agency (EIA), and the California Renewables Portfolio Standard (RPS).
Gross Megawatt Hours Procured - Provide the quantity of electricity procured in MWh from the generating facility.
Megawatt Hours Resold - Provide the quantity of electricity resold at wholesale.
Unspecified Power: Unspecified Power refers to electricity that is not traceable to specific generation sources by any auditable contract trail or equivalent, or to power purchases from a transaction that expressly transferred energy only and not the RECs associated from a facility. Do not enter procurements of unspecified power. The schedule will calculate unspecified power procurements automatically.
Complete this schedule by entering information about unbundled REC retirements in the previous calendar year.
Unbundled RECs will be automatically displayed on Schedule 3 as a percentage of retail sales.
Retail suppliers of electricity must complete this schedule by entering information about all power procurements and generation that served the identified electricity portfolio covered in this filing in the prior year. The schedule is divided into sections: directly delivered renewables, firmed-and-shaped imports, specified non-renewables, and procurements from ACSs. Insert additional rows as needed to report all procurements or generation serving the subject product. Provide the annual retail sales for the subject product in the appropriate space. At the bottom of Schedule 1, provide the retail suppliers’ other electricity end-uses that are not retail sales, such as transmission and distribution losses. Retail suppliers shall submit a purchase agreement or ownership arrangement documentation substantiating that any eligible firmed-and-shaped product for which it is claiming an exclusion was executed prior to January 1, 2019. Any retail supplier that offered multiple electricity portfolios in the prior year must submit separate Annual Reports for each portfolio offered.
Schedule 2 - Retired Unbundled Renewable Energy Credits (RECs) Schedule 3 - Annual Power Content Label Data
Asset-Controlling Supplier (ACS) Procurement Calculator PSD Attestation
INSTRUCTIONS
Schedule 1 - Procurements and Retail Sales
INTRODUCTION
Retail suppliers are required to submit separate Annual Reports for each electricity portfolio offered to California retail consumers in the previous calendar year. Enter the Retail Supplier Name and Electricity Portfolio Name at the top of Schedule 1, Schedule 2, Schedule 3, and the Attestation.
A complete Annual Report includes the following tabs:
PSD Intro
Instructions
ENCLOSURE 2
2 OF 8
Version: May 2022
ACS Resource Mix Calculator
GHG Emissions Factors
Attestation
Retail suppliers may report specified purchases from ACS system power if the ACS provided its fuel mix of its specified system mix to the Energy Commission. Use the calculator to determine the resource-specific procurement quantities, and transfer them to Schedule 1.
This template provides the attestation that must be submitted with the Annual Report to the Energy Commission, stating that the information contained in the applicable schedules is correct and that the power has been sold once and only once to retail consumers. This attestation must be included in the package that is transmitted to the Energy Commission. Please provide the complete Annual Report in Excel format and the complete Annual Report with signed attestation in PDF format as well.
This tab will be displayed for informational purposes only; it will not be used by reporting entities, since the emissions factors below auto-populate in the relevant fields on Schedules 1 & 3.
This schedule is provided as an automated worksheet that uses the information from Schedule 1 to calculate the power content and GHG emissions intensity for each electricity portfolio. The percentages calculated on this worksheet should be used for your Power Content Label.
ENCLOSURE 2 3 OF 8
Version: May 2022
212,096.65
80,956
131,140
-
-
-
80,956
61,728
0.2910
DIRECTLY DELIVERED RENEWABLES
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID N/A EIA ID
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions (in MT
CO2e) N/A
Cameron Ridge, LLC (III) - Cameron Ridge LLC (III)Wind CA W407 60392A P367 1193 1,193 1,193 - - Cape Scott Wind - Cape Scott Wind Wind BC W3959 60600A P149 2580 2,580 2,580 - - Colgreen North Shore - Colgreen North Shore Solar CA W7283 61666A 60825 5921 5,921 5,921 - - Coso Energy Developers - BLM East Units 7 & 8 Geothermal CA W460 60322A 10875 815 815 815 0.4474 365 Coso Finance Partners - Navy 1 - Unit 3 Geothermal CA W747 60309A 10873 250 250 250 0.1494 37 Dokie Wind - Dokie Wind Wind BC W1992 61360A P150 3531 3,531 3,531 - - Duran Mesa LLC - Duran Mesa LLC Wind NM W12070 64728A P357 1016 1,016 1,016 - - Geysers Power Plant - Sonoma/Calpine Geyser Geothermal CA W127 60010A 510 15000 15,000 15,000 0.0374 561 Meikle Wind - Meikle Wind Wind BC W5189 63268A P151 3724 3,724 3,724 - - Moose Lake Wind - Moose Lake Wind Wind BC W7518 64287A P152 628 628 628 - - Oasis Alta - Oasis Alta Wind CA W11031 64522A 56302 5804 5,804 5,804 - - Pennask Wind Farm - Pennask Wind Farm Wind BC W5499 64015A P153 366 366 366 - - Point Wind 2 - Point Wind 2 Wind CA W11030 64508A P366 3948 3,948 3,948 - - Quality Wind - Quality Wind Wind BC W3160 62247A P154 3814 3,814 3,814 - - SEGS IX - Luz Solar Partners Ltd. IX Solar CA W483 60366A 10444 1337 1,337 1,337 0.0686 92 Shinish Creek Wind Farm - Shinish Creek Wind FarmWind BC W5500 64041A P160 357 357 357 - - Victory Garden # I (Tehachapi) - Wind Stream Operations, LLC (VG # I) Wind CA W499 60381A 50532 179 179 179 - - Victory Garden# 2 (Tehachapi) - Wind Stream Operations, LLC (VG# 2) Wind CA W500 60382A 50532 185 185 185 - - Victory Garden# 3 (Tehachapi) - Wind Stream Operations, LLC (VG# 3) Wind CA W501 60383A 50532 106 106 106 - -
FIRMED-AND-SHAPED IMPORTS
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID
EIA ID of
REC
Source
EIA ID of
Substitute
Power
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e)
Eligible for
Grandfathered
Emissions?
American Falls Solar II, LLC - American Falls Solar II, LLC Solar ID W5375 63450A 60012 Unspecified Power 134 134 134 0.4280 57 No American Falls Solar, LLC - American Falls Solar, LLCSolar ID W5376 63451A 60011 Unspecified Power 2338 2,338 2,338 0.4280 1,001 No Kittitas Valley Wind Farm - Sagebrush Power Partners, LLC Wind WA W1876 60939A 56858 Unspecified Power 2935 2,935 2,935 0.4280 1,256 No Murphy Flat - Murphy Flat Power, LLC Solar ID W5395 63449A 60009 Unspecified Power 192 192 192 0.4280 82 No Orchard Ranch Solar, LLC - Orchard Ranch Solar, LLC Solar ID W5373 63448A 60010 Unspecified Power 2020 2,020 2,020 0.4280 865 No Raft River Energy I - Raft River Energy I Geothermal ID W228 64433A 56317 Unspecified Power 3000 3,000 3,000 0.4280 1,284 No
SPECIFIED NON-RENEWABLE PROCUREMENTS
Facility Name Fuel Type
State or
Province N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
Mammoth Large hydro CA 344 5,026 5,026 5,026 - -
Palo Verde Nuclear CA 6008 14,558 14,558 14,558 - -
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
PROCUREMENTS FROM ASSET-CONTROLLING SUPPLIERS
Retail Sales (MWh)
Net Specified Procurement (MWh)
Unspecified Power (MWh)
Procurement to be adjusted
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2021
Pico Rivera Innovative Municipal Energy
PRIME Power
GHG Emissions Intensity (in MT CO2e/MWh)
Net Specified Natural Gas
Net Specified Coal & Other Fossil Fuels
Net Specified Nuclear, Large Hydro, Renewables, and ACS Power GHG Emissions (excludes grandfathered emissions)
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.
Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers, enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RECs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours.
ENCLOSURE 2 4 OF 8
Version: May 2022
Facility Name Fuel Type N/A N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
- #N/A
- #N/A
- #N/A
- #N/A
END USES OTHER THAN RETAIL SALES MWh
ENCLOSURE 2 5 OF 8
Version: May 2022
44,616
RETIRED UNBUNDLED RECS
Facility Name Fuel Type
State or
Province RPS ID Total Retired (in MWh)
Sierra Pacific Burney Facility - SPI Burney Onsite Load Biomass & biowaste CA 60087A 885 Sierra Pacific Ind. (Lincoln) - SPI Lincoln Onsite Load Biomass & biowaste CA 60088A 9386 Sierra Pacific Ind. (Quincy) - SPI Quincy Onsite Load Biomass & biowaste CA 60089A 7979 Sierra Pacific Sonora - SPI Sonora Onsite Load Biomass & biowaste CA 60576A 719 SPI Anderson 2 Onsite Load - SPI Anderson 2 Onsite Load Biomass & biowaste CA 61146A 1063 Total Energy Facility - TEF - GEN 4 Biomass & biowaste CA 60633A 2771 Total Energy Facility - TEF - GEN2 Biomass & biowaste CA 60633A 5714 Total Energy Facility - TEF - GEN3 Biomass & biowaste CA 60633A 6515 Macho Springs Solar - Macho Springs Solar Solar NM 62878A 9584 Total Retired Unbundled RECs
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 2: RETIRED UNBUNDLED RECS
For the Year Ending December 31, 2021
Pico Rivera Innovative Municipal Energy
PRIME Power
INSTRUCTIONS: Enter information about retired unbundled RECs associated with this electricity portfolio. Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out.
ENCLOSURE 2 6 OF 8
Version: May 2022
Adjusted Net
Procured (MWh)
Percent of Total
Retail Sales
Renewable Procurements 61,373 28.9%
Biomass & Biowaste - 0.0%
Geothermal 19,065 9.0%
Eligible Hydroelectric - 0.0%
Solar 11,942 5.6%
Wind 30,366 14.3%
Coal - 0.0%
Large Hydroelectric 5,026 2.4%
Natural gas - 0.0%
Nuclear 14,558 6.9%
Other - 0.0%
Unspecified Power 131,140 61.8%
Total 212,097 100.0%
212,097
642
21.0%
Total Retail Sales (MWh)
GHG Emissions Intensity (converted to lbs CO2e/MWh)
Percentage of Retail Sales Covered by Retired Unbundled RECs
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 3: POWER CONTENT LABEL DATA
For the Year Ending December 31, 2021
Pico Rivera Innovative Municipal Energy
PRIME Power
Instructions: No data input is needed on this schedule. Retail suppliers should use these auto-populated calculations to fill out their Power Content Labels.
ENCLOSURE 2 7 OF 8
Version: May 2022
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
ATTESTATION FORM
For the Year Ending December 31, 2021
Pico Rivera Innovative Municipal Energy
PRIME Power
I, Steve Carmona,
City Manager, declare under penalty of perjury, that the statements contained in this report including Schedules 1, 2, and 3 are true and correct and that I, as an authorized agent of Pico Rivera Innovative Municipal Energy, have authority to submit this report on the company's behalf. I further declare that the megawatt-hours claimed as specified purchases as shown in these Schedules were, to the best of my knowledge, sold once and only once to retail customers.
Name: Steve Carmona
Representing (Retail Supplier): Pico Rivera Innovative Municipal Energy Signature:
Dated: 6/8/2022
Executed at: Pico Rivera, CA
ENCLOSURE 2
8 OF 8
Version: May 2022
CONTACT INFORMATION
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
For the Year Ending December 31, 2021
RETAIL SUPPLIER NAME
Pico Rivera Innovative Municipal Energy
ELECTRICITY PORTFOLIO NAME
PRIME Future
Retail suppliers are required to use the posted template and are not allowed to make edits to this format. Please complete all requested information.
GENERAL INSTRUCTIONS
NAME Kirby Dusel
TITLE Consultant
MAILING ADDRESS 1839 Iron Point Road, Suite 120
CITY, STATE, ZIP Folsom, CA 95630
PHONE (916) 936-3300
EMAIL [email protected]
If you have questions, contact Power Source Disclosure (PSD) staff at [email protected] or (916) 805-7439.
NOTE: Information submitted in this report is not automatically held confidential. If your company wishes the information submitted to be considered confidential an authorized representative must submit an application for confidential designation (CEC-13), which can be found on the California Energy Commissions's website at https://www.energy.ca.gov/about/divisions-and-offices/chief-counsels-office.
WEBSITE URL FOR
PCL POSTING
https://www.poweredbyprime.org
Submit the Annual Report and signed Attestation in PDF format with the Excel version of the Annual Report to [email protected]. Remember to complete the Retail Supplier Name, Electricity Portfolio Name, and contact information above, and submit separate reports and attestations for each additional portfolio if multiple were offered in the previous year.
ENCLOSURE 3 1 OF 7
14c
Version: May 2022
Schedule 1: Procurements and Retail Sales
Schedule 2: Retired Unbundled RECs
Schedule 3: Annual Power Content Label Data
Schedule 1 - Procurements and Retail Sales
INTRODUCTION
Retail suppliers are required to submit separate Annual Reports for each electricity portfolio offered to California retail consumers in the previous calendar year. Enter the Retail Supplier Name and Electricity Portfolio Name at the top of Schedule 1, Schedule 2, Schedule 3, and the Attestation.
A complete Annual Report includes the following tabs:
PSD Intro
Instructions
Schedule 2 - Retired Unbundled Renewable Energy Credits (RECs) Schedule 3 - Annual Power Content Label Data
Asset-Controlling Supplier (ACS) Procurement Calculator PSD Attestation
INSTRUCTIONS
GHG Emissions Factors
Specified Purchases: A Specified Purchase refers to a transaction in which electricity is traceable to specific generating facilities by any auditable contract trail or equivalent, such as a tradable commodity system, that provides commercial verification that the electricity claimed has been sold once and only once to retail consumers. Do not enter data in the grey fields. For specified purchases, include enter following information for each line item:
Facility Name - Provide the name used to identify the facility.
Fuel Type - Provide the resource type (solar, natural gas, etc.) that this facility uses to generate electricity.
Location - Provide the state or province in which the facility is located.
Identification Numbers - Provide all applicable identification numbers from the Western Renewable Energy Generation Information System (WREGIS), the Energy Information Agency (EIA), and the California Renewables Portfolio Standard (RPS).
Gross Megawatt Hours Procured - Provide the quantity of electricity procured in MWh from the generating facility.
Megawatt Hours Resold - Provide the quantity of electricity resold at wholesale.
Unspecified Power: Unspecified Power refers to electricity that is not traceable to specific generation sources by any auditable contract trail or equivalent, or to power purchases from a transaction that expressly transferred energy only and not the RECs associated from a facility. Do not enter procurements of unspecified power. The schedule will calculate unspecified power procurements automatically.
Complete this schedule by entering information about unbundled REC retirements in the previous calendar year.
Unbundled RECs will be automatically displayed on Schedule 3 as a percentage of retail sales.
Retail suppliers of electricity must complete this schedule by entering information about all power procurements and generation that served the identified electricity portfolio covered in this filing in the prior year. The schedule is divided into sections: directly delivered renewables, firmed-and-shaped imports, specified non-renewables, and procurements from ACSs. Insert additional rows as needed to report all procurements or generation serving the subject product. Provide the annual retail sales for the subject product in the appropriate space. At the bottom of Schedule 1, provide the retail suppliers’ other electricity end-uses that are not retail sales, such as transmission and distribution losses. Retail suppliers shall submit a purchase agreement or ownership arrangement documentation substantiating that any eligible firmed-and-shaped product for which it is claiming an exclusion was executed prior to January 1, 2019. Any retail supplier that offered multiple electricity portfolios in the prior year must submit separate Annual Reports for each portfolio offered.
ENCLOSURE 3
2 OF 7
Version: May 2022
ACS Resource Mix Calculator
GHG Emissions Factors
Attestation
Retail suppliers may report specified purchases from ACS system power if the ACS provided its fuel mix of its specified system mix to the Energy Commission. Use the calculator to determine the resource-specific procurement quantities, and transfer them to Schedule 1.
This template provides the attestation that must be submitted with the Annual Report to the Energy Commission, stating that the information contained in the applicable schedules is correct and that the power has been sold once and only once to retail consumers. This attestation must be included in the package that is transmitted to the Energy Commission. Please provide the complete Annual Report in Excel format and the complete Annual Report with signed attestation in PDF format as well.
This tab will be displayed for informational purposes only; it will not be used by reporting entities, since the emissions factors below auto-populate in the relevant fields on Schedules 1 & 3.
This schedule is provided as an automated worksheet that uses the information from Schedule 1 to calculate the power content and GHG emissions intensity for each electricity portfolio. The percentages calculated on this worksheet should be used for your Power Content Label.
ENCLOSURE 3
3 OF 7
Version: May 2022
5,888.04
1,895
3,993
-
-
-
1,895
1,844
0.3132
DIRECTLY DELIVERED RENEWABLES
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID N/A EIA ID
Gross MWh
Procured
MWh
Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions (in MT
CO2e) N/A
Colgreen North Shore - Colgreen North Shore Solar CA W7283 61666A 60825 1579 1,579 1,579 - - - - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
FIRMED-AND-SHAPED IMPORTS
Facility Name Fuel Type
State or
Province WREGIS ID RPS ID
EIA ID of
REC
Source
EIA ID of
Substitute
Power
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e)
Eligible for
Grandfathered
Emissions?
Murphy Flat - Murphy Flat Power, LLC Solar ID W5395 63449A 60011 Unspecified Power 316 316 316 0.4280 135 No - - #N/A
- - #N/A
- - #N/A
- - #N/A
SPECIFIED NON-RENEWABLE PROCUREMENTS
Facility Name Fuel Type
State or
Province N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
- - #N/A
PROCUREMENTS FROM ASSET-CONTROLLING SUPPLIERS
Facility Name Fuel Type N/A N/A N/A N/A EIA ID
Gross MWh
Procured MWh Resold
Net MWh
Procured
Adjusted Net MWh
Procured
GHG Emissions
Factor (in MT
CO2e/MWh)
GHG Emissions
(in MT CO2e) N/A
- #N/A
- #N/A
- #N/A
- #N/A
END USES OTHER THAN RETAIL SALES MWh
GHG Emissions Intensity (in MT CO2e/MWh)
Net Specified Natural Gas
Net Specified Coal & Other Fossil Fuels
Net Specified Nuclear, Large Hydro, Renewables, and ACS Power GHG Emissions (excludes grandfathered emissions)
Retail Sales (MWh)
Net Specified Procurement (MWh)
Unspecified Power (MWh)
Procurement to be adjusted
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 1: PROCUREMENTS AND RETAIL SALES
For the Year Ending December 31, 2021
Pico Rivera Innovative Municipal Energy
PRIME Future
Instructions: Enter information about power procurements underlying this electricity portfolio for which your company is filing the Annual Report.
Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto-populate as needed and should not be filled out. For EIA IDs for unspecified power or specified system mixes from asset-controlling suppliers, enter "Unspecified Power", "BPA", or "Tacoma Power" as applicable. For specified procurements of ACS power, use the ACS Procurement Calculator to calculate the resource breakdown comprising the ACS system mix. Procurements of unspecified power must not be entered as line items below; unspecified power will be calculated automatically in cell N9. Unbundled RECs must not be entered on Schedule 1; these products must be entered on Schedule 2. At the bottom portion of the schedule, provide the other electricity end-uses that are not retail sales including, but not limited to transmission and distribution losses or municipal street lighting. Amounts should be in megawatt-hours.
ENCLOSURE 3
4 OF 7
Version: May 2022
3,993
RETIRED UNBUNDLED RECS
Facility Name Fuel Type
State or
Province RPS ID Total Retired (in MWh)
Sierra Pacific Ind. (Lincoln) - SPI Lincoln Onsite Load Biomass & biowaste CA 60088A 3993 Total Retired Unbundled RECs
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 2: RETIRED UNBUNDLED RECS
For the Year Ending December 31, 2021
Pico Rivera Innovative Municipal Energy
PRIME Future
INSTRUCTIONS: Enter information about retired unbundled RECs associated with this electricity portfolio. Insert additional rows as needed. All fields in white should be filled out. Fields in grey auto -populate as needed and should not be filled out.
ENCLOSURE 3
5 OF 7
Version: May 2022
Adjusted Net
Procured (MWh)
Percent of Total
Retail Sales
Renewable Procurements 1,895 32.2%
Biomass & Biowaste - 0.0%
Geothermal - 0.0%
Eligible Hydroelectric - 0.0%
Solar 1,895 32.2%
Wind - 0.0%
Coal - 0.0%
Large Hydroelectric - 0.0%
Natural gas - 0.0%
Nuclear - 0.0%
Other - 0.0%
Unspecified Power 3,993 67.8%
Total 5,888 100.0%
5,888
691
67.8%
Total Retail Sales (MWh)
GHG Emissions Intensity (converted to lbs CO2e/MWh)
Percentage of Retail Sales Covered by Retired Unbundled RECs
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
SCHEDULE 3: POWER CONTENT LABEL DATA
For the Year Ending December 31, 2021
Pico Rivera Innovative Municipal Energy
PRIME Future
Instructions: No data input is needed on this schedule. Retail suppliers should use these auto-populated calculations to fill out their Power Content Labels.
ENCLOSURE 3
6 OF 7
Version: May 2022
2021 POWER SOURCE DISCLOSURE ANNUAL REPORT
ATTESTATION FORM
For the Year Ending December 31, 2021
Pico Rivera Innovative Municipal Energy
PRIME Future
I, Steve Carmona,
City Manager, declare under penalty of perjury, that the statements contained in this report including Schedules 1, 2, and 3 are true and correct and that I, as an authorized agent of Pico Rivera Innovative Municipal Energy, have authority to submit this report on the company's behalf. I further declare that the megawatt-hours claimed as specified purchases as shown in these Schedules were, to the best of my knowledge, sold once and only once to retail customers.
Name: Steve Carmona
Representing (Retail Supplier): Pico Rivera Innovative Municipal Energy Signature:
Dated: 5/17/2022
Executed at: Pico Rivera, CA
ENCLOSURE 3
7 OF 7
Tuesday, April 26, 2022
A Regular Meeting of the Successor Agency to the Pico Rivera Redevelopment Agency was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.
Meeting was jointly held with the City Council, the Successor Agency to the Pico Rivera Redevelopment Agency, and the Water Authority. Items appear as listed on the combined agenda for the meeting of April 26, 2022.
Chairman Dr. Sanchez called the meeting to order at 6:02 p.m. on behalf of the Successor Agency.
PRESENT: Camacho, Elias, Lara, Lutz, Sanchez
ABSENT: None
PUBLIC COMMENTS: None
CONSENT CALENDAR:
16. Minutes:
• Received and Filed Successor Agency regular meeting December 14, 2021
17. Review and Approve a Resolution Ratifying the City’s Investment Policy for Fiscal Year 2022-2023. (700)
1. Approved Resolution No. SA-22-21 ratifying the City of Pico Rivera Investment Policy for fiscal year (FY) 2022-23 governing investments for the City and the Successor Agency.
Resolution No. SA-22-21 A RESOLUTION OF THE SUCCESSOR AGENCY
TO THE DISSOLVED REDEVELOPMENT AGENCY OF THE CITY OF PICO RIVERA, CALIFORNIA, RATIFYING THE “INVESTMENT POLICY” FOR FISCAL YEAR 2022-23
Motion by Vice Chairman Lutz, seconded by Director Camacho to approve Consent Calendar Items No. 16 and 17. Motion carries by the following roll call vote:
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION: None REGULAR AGENDA:
15 04-26-22. Successor Agency Minutes
22. Approval of the Forgiveness of a Debt Owing to the Successor Agency from Sequoyah Holdings, LLC. (1500)
Motion by Director Lara, seconded by Vice Chairman Lutz to approve Resolution No. SA22-22 of the Successor Agency to the Pico Rivera Redevelopment Agency approving the forgiveness of a debt owing to the Successor Agency from Sequoyah Holdings, LLC.
Motion carries by the following roll call vote:
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
Resolution No. SA-22-22 A RESOLUTION OF THE SUCCESSOR AGENCY
TO THE PICO RIVERA REDEVELOPMENT AGENCY, APPROVING THE
FORGIVENESS OF A DEBT OWING TO THE SUCCESSOR AGENCY
FROM SEQUOYAH HOLDINGS, LLC
CLOSED SESSION(S): None
ADJOURNMENT:
Chairman Dr. Sanchez adjourned the Successor Agency to the Redevelopment Agency meeting at 8:44 p.m. There being no objection it was so ordered.
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
________________________________
Dr. Monica Sanchez, Chairman
ATTEST:
_______________________________
Anna M. Jerome, Agency Secretary
I hereby certify that the foregoing is a true and correct report of the proceedings of the Successor Agency regular meeting dated April 26, 2022 and approved by the Successor Agency on September 13, 2022.
________________________________
Anna M. Jerome, Agency Secretary
To: Chairman and Directors
From: Executive Director
Meeting Date: September 13, 2022
Subject: APPROVAL OF A RESOLUTION DECLARING AGENCYOWNED PROPERTY OF APPROXIMATELY 4,360 SQUARE FEET IDENTIFIED AS 8631 BEVERLY BOULEVARD AS
EXEMPT SURPLUS LAND AND APPROVING THE SALE OF
THE PROPERTY TO THE ADJACENT PROPERTY OWNER
Recommendation:
1. Approve a resolution of the Successor Agency to the Pico Rivera Redevelopment Agency (Successor Agency) declaring the real property known as 8631 Beverly Boulevard (Property) as Exempt Surplus Land and approving the sale of the Property to the adjacent property owner (Purchaser).
Fiscal Impact:
The Purchaser would acquire the Property at the fair market value of $180,000. In addition, per redevelopment dissolution law (AB1X26, AB1484 et al), proceeds from the sale are distributed to various taxing entities within the City. Each taxing entity would receive a share of the final sale price based upon their share of property tax. The City of Pico Rivera would receive residual revenue based on its share of property tax.
Discussion:
The Property consists of 4,360 square feet and is a vacant site multifamily zoned lot, which identified as 8631 Beverly Boulevard (Assessor Parcel Number 5272-002-901).
Based on City records the former Redevelopment Agency acquired the Property on October 16, 2003. The Successor Agency approved the Long-Range Property Management Plan (LRPMP) and received final approval from the California Department of Finance (DOF) on December 23, 2014.
As documented in the LRPMP the Property (identified as 8631 Beverly Blvd – Property 6) was acquired as a potential affordable housing site. However, despite being available and marketed by the staff to affordable housing developers, the Property received little interest due to its small size and the difficulty with acquiring adjacent properties because the neighboring properties are already developed. Mr. Alejandro Ochoa, the owner of the 16 SUCCESSOR AGENCY AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022
APPROVAL OF A RESOLUTION DECLARING AGENCY-OWNED PROPERTY OF APPROXIMATELY 4,360 SQUARE FEET IDENTIFIED AS 8631 BEVERLY BOULEVARD (APN: 5272-002-901) AS EXEMPT SURPLUS AND APPROVING THE
SALE OF THE PROPERTY TO THE ADJACENT PROPERTY OWNER
adjacent property located to the east of the Property (8651 Beverly Boulevard) is interested in purchasing the Property to construct either a standalone single family residential dwelling or accessory dwelling unit. Mr. Ochoa has agreed to purchase the Property at the fair market value of $180,000, which is the appraised fair market value based on the April 21, 2022 appraisal report prepared by BTI Appraisal.
The California Surplus Lands Act (Cal. Gov. Code §§ 54220 et seq.) provides exemptions for “exempt surplus land,” which includes land that is less than 5,000 square feet in area that is sold to an owner of contiguous land (Cal. Gov. Code § 54221 (f)(1)(B)). This property is less than 5,000 square feet and the proposed sale to the adjacent property meets the exemption of Cal. Gov. Code § 54221 (f)(1)(B).
Conclusion:
Staff recommends that the Successor Agency approve the resolution declaring 8631 Beverly Boulevard as exempt surplus land and approving the sale of the property to the adjacent property owner.
Steve Carmona
SC:AG:MG:JP
Enclosure: 1) Resolution
RESOLUTION NO. ____
A RESOLUTION OF THE SUCCESSOR AGENCY TO THE PICO RIVERA
REDEVELOPMENT AGENCY DECLARING AGENCY-OWNED PROPERTY
OF APPROXIMATELY 4,360 SQUARE FEET IDENTIFIED AS 8631
BEVERLY BOULEVARD (APN: 5272-002-901) AS EXEMPT SURPLUS LAND PURSUANT TO CALIFORNIA GOVERNMENT CODE §
54221(f)(1)(B) AND APPROVING THE SALE OF THE PROPERTY TO THE
CONTIGUOUS PROPERTY OWNER
WHEREAS, in accord with the provisions of the California Redevelopment Law (Health and Safety Code Section 33000, et seq.), the City Council of the City of Pico Rivera (“City”) previously established the Redevelopment Agency of the City of Pico Rivera, a public body, corporate and politic (“Former Agency”) to carry out the purposes of and exercise the powers granted to community redevelopment agencies; and WHEREAS, pursuant to the dissolution of redevelopment agencies per Assembly Bill ABX1 26 (Chapter 5 Statutes of 2011) and ABX1 27 (Chapter 6, Statutes of 2011), and subsequent legislation, AB 1484 (Chapter 26, Statutes of 2012) (altogether, “Dissolution Act”), the City adopted Resolution No. 6652 on January 10, 2012, electing to serve as Successor Agency to the Former Agency; and
WHEREAS, pursuant to California Health and Safety Code Section 34177, the Successor Agency must dispose of assets and properties of the Former Agency; and WHEREAS, on October 16, 2003, the Former Agency acquired the real property identified as 8631 Beverly Boulevard (“Property”) and depicted on Exhibits “A” and “B”, attached hereto and made a part of hereof; and
WHEREAS, the Property is a vacant lot, approximately 4,360 square feet having Assessor Parcel Number 5272-002-901 and designated for multifamily use and is bordered by multifamily residential uses to the north and west and a single-family dwelling to the east; and
WHEREAS, the Property was listed on the Successor Agency’s approved LongRange Property Management Plan (“LRPMP”) dated February 24, 2014, which provided an inventory of Successor Agency owned properties and set forth a long-term plan for the use and disposition of real property assets of the former redevelopment agency; and WHEREAS, the Property is identified as “8631 Beverly Boulevard (Property 6)” on the LRPMP and directed the Property be disposed for the development of new low-income housing on the site; and
WHEREAS, despite being available and marketed by the Successor Agency for low income housing, the Property received little interest from affordable housing developers in large part due to its relatively small size and difficulty in acquiring adjacent properties because the neighboring properties were already developed; and WHEREAS, after nearly a decade, Alejandro Ochoa, the owner of the immediately Enclosure 1
16a
RESOLUTION NO. ____
adjacent property located to the east of the Property located at 8651 Beverly Boulevard now desires to purchase the Property to construct either a standalone single family residential dwelling or accessory dwelling unit, which the California Housing and Community Development Department considers to be alternative forms of housing that is affordable; and
WHEREAS, the California Surplus Lands Act (Cal. Gov. Code §§ 54220 et seq.) (“Act”) as modified by California Assembly Bill 1486, effective January 1, 2020, provides the framework and state law requirements for disposal of a local agency’s surplus real property; and
WHEREAS, the Act provides exemptions from the requirements of the Act for “exempt surplus land,” which includes land that is less than 5,000 square feet in area that is sold to an owner of contiguous land (Cal. Gov. Code § 54221 (f)(1)(B)); and WHEREAS, the Property was appraised to have a fair market value of $180,000 based on an appraisal report prepared by BTI Appraisal on April 21, 2022; and WHEREAS, the sale of the Property is in the public interest and is consistent with the Successor Agency’s approved LRPMP, relieves the Successor Agency and the taxing entities of the responsibility, costs, and liability associated with the ownership and maintenance of the Property, would generate sales proceeds that may be used to pay for Successor Agency enforceable obligations or distributed to taxing entities, creates much needed affordable housing in the City, and would contribute to the revitalization of an obsolete and underutilized property through the consolidation of small parcels.
NOW, THEREFORE, the Successor Agency to the Pico Rivera Redevelopment Agency does hereby resolve as follows:
SECTION 1. The above recitals are true and correct and are a substantive part of this Resolution.
SECTION 2. The Successor Agency hereby declares the Property to be “exempt surplus land” pursuant to Cal. Gov. Code § 54221(f)(1)(B). The Property is less than 5,000 square feet in area, not contiguous to land owned by a state or local agency that is used for open-space or low- and moderate-income housing purposes and is intended to be sold to a contiguous property owner at fair market value. The Property measures approximately 4,360 square feet and is to be conveyed to Alejandro Ochoa, which is an owner of real property that is contiguous to the Property. The sale of the Property is also in the public interest and is consistent with the Successor Agency’s approved LRPMP, relieves the Successor Agency and the taxing entities of the responsibility, costs, and liability associated with the ownership and maintenance of the Property, would generate sales proceeds that may be used to pay for Successor Agency enforceable obligations or distributed to taxing entities, creates much needed affordable housing in the City, and would contribute to the revitalization of an obsolete and underutilized property through the consolidation of small parcels.
SECTION 3. This Resolution has been reviewed with respect to the applicability of the California Environmental Quality Act (Public Resources Code Section 21000 et seq.) RESOLUTION NO. ____
(“CEQA”). Staff has determined that the designation of this property as exempt surplus land and the sale of the Property is exempt under CEQA Guidelines Section 153–2 - Class 12 Categorical Exemption relating to the sale of surplus government property and pursuant to State CEQA Guidelines Section 15060(c)(3) because this Resolution does not have the potential for creating a significant effect on the environment and therefore it is not a project as defined by the CEQA Guidelines Section 15378. Adoption of the Resolution does not have the potential for resulting in either a direct physical change in the environment or a reasonably foreseeable indirect physical change in the environment. If and when the property is sold to a purchaser and that purchaser proposes a use for the property that requires a discretionary permit and CEQA review, that future use and project will be analyzed at the appropriate time in accordance with CEQA.
SECTION 4. The Successor Agency approves and authorizes the sale of the Property to the contiguous property owner Alejandro Ochoa for the fair market value of $180,000. The Successor Agency authorizes and directs the Successor Agency Executive Director, or designee, to execute an agreement for the sale of the Property in a form approved by the City Attorney, including but not limited to, escrow instructions, grant deed, seller affidavits and such other customary documents consistent with and reasonably necessary to effectuate the intent of this Resolution and record or cause to be recorded such documentation, as approved by the City Attorney.
SECTION 5. The Successor Agency Executive Director is further directed to transmit this Resolution to the Oversight Board for approval of the sale of the Property.
SECTION 6. The Agency Secretary shall attest to the passage of this resolution, and it shall thereupon be in full force and effect.
APPROVED AND PASSED this 13th day of September, 2022.
________________________________
Dr. Monica Sánchez, Chairwoman
ATTEST: APPROVED AS TO FORM:
____________________________ _______________________________ Anna M. Jerome, Agency Secretary Arnold M. Alvarez-Glasman, Agency Counsel AYES:
NOES:
ABSENT:
ABSTAIN:
EXHIBIT “A”
Parcel Map Depicting the Property
Legend:
Subject Property
RESOLUTION NO. ____
EXHIBIT “B”
Aerial Map Depicting the Property
Legend:
Subject Property
Tuesday, March 22, 2022
A Regular Meeting of the Housing Assistance Agency was held in the Council Chamber, Pico Rivera City Hall, 6615 Passons Boulevard, Pico Rivera, California.
Meeting was jointly held with the City Council and Housing Assistance Agency. Items appear as listed on the combined agenda for the meeting of March 22, 2022.
Chairman Dr. Sanchez called the regular meeting to order at 6:05 p.m. on behalf of the Housing Assistance Agency.
PRESENT: Camacho, Elias, Lara, Lutz, Sanchez
ABSENT: None
PUBLIC HEARING(S):
Housing Assistance Agency:
1. Public Hearing – Pico Rivera Housing Assistance Agency (Section 8) Public Housing Agency (PHA) Plan for Fiscal Year 2022-23. (1600) Chairperson Dr. Sanchez opened the public hearing and noted that there was no written communications or public comment cards to provide public testimony.
Chairperson Dr. Sanchez closed the public hearing.
Motion by Commissioner Lara, seconded by Vice Chairman Lutz to: 1) Conduct a public hearing for the City of Pico Rivera Housing Assistance Agency’s goals, objectives and policies identified on the 5-Year Public Housing Agency Plan for fiscal year (FY) 2022- 23; and 2) Authorize the City of Pico Rivera Housing Assistance Agency staff to submit the Civil Rights Certification form to the U.S. Department of Housing and Urban Development (HUD). Motion carries by the following roll call vote:
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
PUBLIC COMMENTS: None
CONSENT CALENDAR:
Housing Assistance Agency:
17 3-22-22.HousingMinutes
11. Minutes:
• Approved Housing Assistance Agency meeting of December 14, 2021 Motion by Commissioner Camacho, seconded by Commissioner Lara to approve Consent Calendar Item No. 11. Motion carries by the following roll call vote:
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
CONSENT CALENDAR ITEMS PULLED FOR FURTHER DISCUSSION: None REGULAR AGENDA: None
ADJOURNMENT:
Chairman Dr. Sanchez adjourned the Housing Assistance Agency meeting at 8:38 p.m.
There being no objection it was so ordered.
AYES: Camacho, Elias, Lara, Lutz, Sanchez
NOES: None
________________________________
Dr. Monica Sanchez, Chairman
ATTEST:
________________________________
Anna M. Jerome, Agency Secretary
I hereby certify that the foregoing is a true and correct report of the proceedings of the Housing Assistance Agency dated March 22, 2022 and received and filed by the Housing Assistance Agency on September 13, 2022.
_______________________________
Anna M. Jerome, Agency Secretary
To: Chairperson and Commissioners
From: Executive Director
Meeting Date: September 13, 2022
Subject: APPROVE A FIVE-YEAR MAINTENANCE AGREEMENT FOR
THE SECTION 8 HOUSING CHOICE VOUCHER PROGRAM
HAPPY SOFTWARE
Recommendation:
1. Authorize the Pico Rivera Housing Assistance Agency to extend the annual Maintenance Agreement with MRI Software, LLC. for the HAPPY Software to five (5) years. The five-year commitment will cap the Subscription License and Maintenance Service fees over the next five years.
Fiscal Impact:
There is no fiscal impact to the General Fund. The Pico Rivera Housing Assistance Agency receives federal funding from the U.S. Department of Housing and Urban Development (HUD) to administer the Housing Choice Voucher (Section 8) rental assistance program. The amount not-to-exceed $56,721 (approximately $11,344 per year) will be paid from Section 8 administrative funds with GL Account No. 291.30.3090-54500 over the next five (5) years to cover the agreement from the fiscal year (FY) 2022-23 to (FY) 2026-27.
Discussion:
The Housing Division staff has used the HAPPY Software to maintain and sort the applications on the waiting list for the Section 8 rental assistance program since 2019. It eases the data entry and calculations of Housing Assistance Payments (HAP) that is paid to property owners renting to Section 8 participants. The software generates HAP by check or direct deposit, letters, 1099s, inspection booklets, reports in mass quantities, and it is user friendly. The HAPPY Software is the leading software used by many local Housing Authorities such as South Gate, Norwalk, Baldwin Park, and Hawaiian Gardens.
The current maintenance fee for HAPPY Software can be increased at any time by fluctuating trends of the Consumer Price Index. This year we are set to see a 16% increase. The five-year commitment will limit increases to 5% every 12 months for the next five (5) years. Alternatively, MRI offered the options of a 3-year support contract with an 18 HOUSING ASSISTANCE AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022 APPROVE A FIVE-YEAR MAINTENANCE AGREEMENT FOR THE SECTION 8
HOUSING CHOICE VOUCHER PROGRAM HAPPY SOFTWARE FOR COST SAVINGS
annual increase of the greater of 5.5% or Consumer Price Index (CPI), or a 5-year support contract with the annual increase of the greater of 4% or CPI. Staff negotiated a 5% annual increase regardless of the fluctuating CPI.
The maintenance agreement requires payment to be made by September 1st, every year.
This year’s invoice in the amount of $11,340 has already been paid to avoid loss of service, but if approved by the Chairperson and Commissioners for the Pico Rivera Housing Assistance Agency, it will be counted as year one of the agreement.
Conclusion:
Staff recommends that the Chairperson and Commissioners for the Pico Rivera Housing Assistance Agency to authorize the amendment to the purchase agreement that will result in cost savings over the next five (5) years.
Steve Carmona
SC:MG:JG:ID:rg
Enclosures: 1) Amendment No. 1
2) MRI Master Agreement
Client ID: R985999
MRI Confidential
AMENDMENT NO. 1
This Amendment No. 1 (this "Amendment") is made effective as of September 1, 2022 (the "Effective Date") by and between HAPPY Software, LLC, an MRI Software, LLC Company, with its office at 28925 Fountain Parkway, Solon, OH 44139 (“MRI”) and Client (collectively the “Parties” and each a “Party”).
A. WHEREAS, MRI and Client entered into a certain Order Document along with a Master Agreement and various Schedules incorporated therein effective September 1, 2018, as well as an Order Document effective November 1, 2020 (collectively “the Agreement”).
B. WHEREAS, MRI and Client desire to enter this Amendment and amend certain provisions of the Agreement.
C. NOW, THEREFORE, for the mutual promises contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, MRI and Client hereby agree as follows:
Both Client and MRI agree that the Order Document, effective September 1, 2018, shall be stricken and terminated, except that the MRI Terms and Conditions listed therein (www.mrisoftware.com/termsandconditions) shall not be stricken and shall continue in full force and effect. The Parties also agree that Document, effective November 1, 2020, shall be stricken and terminated. Both Parties further agree that a new Order Document #2, effective September 1, 2022, governed by the incorporated MRI Terms and Conditions of the Order Document dated September 1, 2018, shall be added to the Agreement. All rights and obligations that arose prior to the Effective Date related to the original Order Document shall remain in full force and effect. All other provisions of the Agreement remain in full force and effect.
Pico Rivera Housing Authority (“Client”)
6615 Passons Boulevard
Pico Rivera, CA 90660
HAPPY Software, LLC, an MRI Software, LLC
Company (“MRI”)
28925 Fountain Parkway
Solon, OH 44139
Signature: Signature:
Print Name: Print Name:
Title: Title:
Enclosure 1
18a
Client ID: R985999
File: Pico Rivera Housing Authority MRI Confidential Page 1 of 4
ORDER DOCUMENT #2
RECURRING SOFTWARE SERVICES
This Order Document incorporates by reference and is governed by the terms and conditions of the Master Agreement, the Limited Software License and Maintenance and Support Schedule, and the Professional Services Schedule dated September 1, 2018 (collectively, the “Agreement”), and this Order Document is effective as of September 1, 2022 (the “Effective Date”). Capitalized terms that are not otherwise defined in this Order Document shall have the meanings set forth in the Agreement. This Order Document is an offer to make an offer and does not constitute a valid contract between the Parties until countersigned by MRI. Any pricing terms in this Order Document are valid for thirty (30) days following issuance of this Order Document.
Pico Rivera Housing Authority (“Client”)
6615 Passons Boulevard
Pico Rivera, CA 90660
HAPPY Software, LLC, an MRI Software, LLC Company (“MRI”) 28925 Fountain Parkway
Solon, OH 44139
Signature: Signature:
Print Name: Print Name:
Title: Title:
The Parties accept and agree to this Order Document, as follows:
CLIENT CONTACT INFORMATION
Administrator:
Address:
E-mail: Voice:
Fax: Cell:
Technical Contact/Download Recipient:
Address:
E-mail: Voice:
Fax: Cell:
Billing Contact:
Address:
_____________________________________________
E-mail: Voice:
Fax: _______________________
Client ID: R985999
File: Pico Rivera Housing Authority MRI Confidential Page 2 of 4
SAAS SERVICES
Products License Metric Quantity Territory
Happy
WaitListCheck-Online Application Collection Units Up to 517 Units N. AMERICA Database Each Up to 1 Production Database N. AMERICA
LIMITED SOFTWARE LICENSE
Products License Metric Quantity Territory
Happy
1099s and Payment History Units Up to 517 Units N. AMERICA Direct Deposit Units Up to 517 Units N. AMERICA
iDIA System Units Up to 517 Units N. AMERICA
iFile Units Up to 517 Units N. AMERICA
Inspections Units Up to 517 Units N. AMERICA
Occupancy Units Up to 517 Units N. AMERICA
Payments Units Up to 517 Units N. AMERICA
Remote Screen Sharing Each Up to 1 Instance N. AMERICA
Report Writer Units Up to 517 Units N. AMERICA
Waiting List Units Up to 517 Units N. AMERICA
Database Each Up to 1 Production Database N. AMERICA
The Installation Site for the aforementioned Limited Software License Schedule is the address listed above unless specified otherwise:
FEES, PAYMENT AND TERM
Initial Term
(1)
Effective Date Annual Recurring Fees
(2)
Five (5) Years September 1, 2022 $10,265
(1) The Initial Term and any Renewal Term are non-cancelable, subject to termination rights as set forth in the Agreement. (2) The fees listed in this table include the recurring fees related to the products and services in the tables listed above. MRI may, at any time after the first twelve (12) months of the Effective Date listed above, and in its sole discretion, modify the Fees upon ninety (90) calendar day prior written notice to Client. Notwithstanding the foregoing, the Fees shall not increase in each subsequent twelve (12) month period by more than five percent (5%) for the most recent year. A twelve (12) month period commences on the anniversary of the Effective Date. For purposes of notice in this footnote, email or first-class mail will suffice.
Payment Terms: Fees are due in U.S. Dollars annually in advance. Initial payment must be received by MRI prior to the Effective Date and any Renewal Term; MRI has no obligation to provide Services until such payment is received. For any fees due from the Client when exceeding the License Metrics listed above, Client shall be billed monthly in arrears for such overage in accordance with the terms of this Order Document. In no event shall Client be invoiced for fewer than the License Metrics listed or less than the Annual Recurring Fees (annualized) plus increase as outlined in footnote 2.
Client ID: R985999
File: Pico Rivera Housing Authority MRI Confidential Page 3 of 4
LICENSE METRICS AND USE RIGHTS DEFINITIONS
Definitions: The following definitions shall apply to the interpretation of this Order Document. If a definition is listed here and not listed within the foregoing tables or in additional Order Documents executed between the Parties, then that definition shall be disregarded.
An “Affordable Unit” is a Unit that is rented or leased to a tenant that, based on income, is eligible for rent subsidies from federal, state or local government agencies
An “Advance Named User” a Named User who is authorized to do web authoring and has self-service access which is greater than a Named User.
A “Contract” is an agreement to lease retail space rented to a tenant for the operation of a business and is characterized by a unique tenant, a unique mailing address, or a unique physical location.
A “Commercial Lease” or a “Lease” is a space rented or designed to be rented to a tenant for commercial use, including without limitation, an office space, a retail store space, a warehouse space or an industrial building space and is characterized by a unique tenant, a unique mailing address, or a unique physical location. Leases and Commercial Leases include without limitation Retail Leases.
A “Conventional Unit” is a Unit that is rented or leased to a tenant that, based on income, is eligible for rent subsidies from federal, state or local government agencies
A “Mobile App Device License” shall mean the number of unique log ins on the mobile devices application.
A “Retail Lease” is a Lease for retail stores to operate their business. Retail Leases shall be counted toward the total number of Commercial Leases purchased and shall not be additive to the total number of Commercial Leases purchased. By way of example, a Client purchasing 100 Retail Leases and 200 Commercial Leases shall have 50% of its Commercial Leases used as Retail Leases. Such Client shall only be entitled to use the Software on a total of 200 Leases. Clients purchasing Retail Leases must at the same time purchase at least the same number of corresponding additional Commercial Leases.
A "Concurrent User” license permits Client to assign an unlimited number of User IDs to its employees or Affiliates’ employees, but simultaneous access to the Software License is limited to the number of authorized concurrent licenses paid for and held by the Client.
A “Depreciation Book” is a set of terms which defines one of the depreciation methods specifying how a particular fixed asset should be depreciated and the resulting calculations.
“DHCR Units” are those Units regulated by New York’s Division of Housing and Community Renewal.
A "Named User” license permits Clients to assign User IDs only to a fixed number of specifically named employee users or Affiliates, and simultaneous access to the licensed Program is limited to those specific named users.
An "Inquiry User” or “Read Only user”, license restricts user access to certain limited view only and report retrieval capabilities. Clients can assign Inquiry Only User IDs to a fixed number of Client Users whose simultaneous access to the system is limited to the number of authorized inquiry only licenses paid for and held by the Client.
A "Named User” license permits Clients to assign User IDs only to a fixed number of specifically named employee users or Affiliates, and simultaneous access to the licensed Program is limited to those specific named users.
An “Advance Named User” a Named User who is authorized to do web authoring and has self-service access which is greater than a Named User.
“SaaS Flex”, if listed, shall entitle the Client to a dedicated installation of the software inclusive of dedicated server instances (e.g., web and API farms, Reporting farms, SQL, etc.).
“SaaS Prime”, if listed, shall entitle the Client to a dedicated installation of the software inclusive of dedicated server instances (e.g., web and API farms, Reporting farms, SQL, etc.). In a Prime environment the Client is also entitled to dedicated network segments that are logically separated from the rest of the MRI SaaS environment and inclusive of a dedicated active directory.
A “Project” is a real estate project the completion of which results in a building or space rented or designed to be rented to a tenant for residential use, including without limitation, a multi-family housing building, or an apartment complex and is characterized by multiple Units leased or rented to unique tenants, each with a unique mailing address, or a unique physical location.
A “Portal” is a single url provided for Client’s use with Investor Connect Portal.
A “Property” is a building or space rented or designed to be rented to a tenant for residential use, including without limitation, a multifamily housing building, or an apartment complex and is characterized by multiple Units leased or rented to unique tenants, each with a unique mailing address, or a unique physical location.
A “Unit” is a space rented or designed to be rented to a tenant for residential use and is characterized by a unique tenant, a unique mailing address, or a unique physical location. “Units” include without limitation Conventional Units, Affordable Units, AHR Units and DHCR Units.
Client ID: R985999
File: Pico Rivera Housing Authority MRI Confidential Page 4 of 4
A “Message Unit” is a received SMS text (outbound or inbound), a sent email, or in a voice call situation each thirty second increment.
A “Packet” is an individual file containing a single document or multiple documents which are sent to a recipient via the Secure Sign product. An initiated, completed, canceled, incorrect, or incomplete file will be counted so long as it is sent out of the Secure Sign product, regardless of the status.
A “Debt Contract” is an agreement in which a debtor agrees to repay funds to a lender.
An “Integration Profile” is a blue-print for mapping from a specified third party data source into MRI Investment Management. The integration profile includes the field mapping and transformation logic to get the data into a usable format.
An “Invoice” is a request for payment initiated by one party to another. “Production Database” means access to an instance of the products listed in a live environment, to be used to production purposes. A production database does not imply a segregated instance or walled-off application. “Non-Production Database” means access to an instance of the products listed in a non-live environment. Such can be used for testing, training, or other non-production purposes. A production database does not imply a segregated instance or walled-off application.
Use Rights: The license to use the SaaS Service is priced based on Client’s License Metrics as of the Effective Date of this Order Document and allows Client to use the Software to manage up to the quantity set forth above. Additional licenses must be purchased by Client in the event the number of actual License Metrics exceeds such licensed quantity. If Client’s actual License Metrics exceed such licensed quantity, then MRI reserves the right to charge a premium fee for any additional License Metric used. Additional Contracts, if applicable, must be purchased in blocks of not less than ten percent (10%) of the Quantity listed above. The cost for these additional licenses will be at MRI’s then-current fees. There shall be no fees adjustments or refunds for any actual License Metrics decreases. Fees (other than monthly user access fees) are based on quantity purchased, not Usage.
Self-Certification: Without prejudice to MRI’s audit rights pursuant to the Agreement, Client will, by September 1st of each year, document and certify that use of the SaaS Services is in full conformity with the use rights granted hereunder. The Self-Certification Document can be found in the MRI Terms and Conditions.
MAINTENANCE AND TECHNICAL SUPPORT
Maintenance and Support Level: Standard Maintenance and Support is included in the Fees. In the event that Client has purchased enhanced support services, such enhanced will be indicated in the Enhanced Support Services table above and the product line for which it was purchased. If no such indication is made, then Client has not purchased enhanced support services.
Designated Support Contacts:
Maintenance and Support may only be requested by the two (2) Designated Support Contacts named below who must have successfully completed MRI’s standard training course prior to (i) logging case requests; or (ii) receiving status updates on cases. Client may change these Designated Support Contacts from time to time, to other Client employees, by promptly delivering in writing to MRI the names and contact information of the new Designated Support Contacts (email is sufficient). The SaaS Services fees are related to the number of contacts; access to support by any additional contacts will be subject to additional fees.
One (1) Designated Support Contact must be the Administrator listed above in this Order Document.
The initial Designated Support Contacts of Client are:
Name:
Title:
Phone:
Address:
Email:
Name:
Title:
Phone:
Address:
Email:
18b
To: Mayor and City Council
From: City Manager
Meeting Date: September 13, 2022
Subject: APPROVE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PICO RIVERA AND SERVICE
EMPLOYEES’ INTERNATIONAL UNION 721 - FULL-TIME
MEMBERS FOR A THREE YEAR TERM, JULY 1, 2021
THROUGH JUNE 30, 2024
Recommendation:
1. Approve a resolution ratifying a Memorandum of Understanding (MOU) between the City of Pico Rivera and the Service Employees International Union 721 - FullTime Members (SEIU 721 Full-time) for a three-year period (July 1, 2021 - June 30, 2024);
2. Approve the schedules designating the job classifications belonging to the Service Employees International Union 721 - Full-Time; and
3. Approve the salary schedule effective for the period of July 1, 2021 through June 30, 2024 for the job classifications belonging to the Service Employees International Union 721 - Full-Time Members.
Fiscal Impact:
The "Discussion" section of this agenda report lists all of the negotiated items updated in the successor Memorandum of Understanding (MOU) should the City Council approve it. Some of the negotiated items have associated costs. Those items having a direct fiscal impact to the City during the term of the MOU (Exhibit A of Attachment 1) are described more fully below. The total estimated three-year cost of this package is $1,734,100.
Salaries (Article 5)
The updated MOU includes annual cost of living adjustments (COLA) of 4%, 3% and 3%, which would be effective the first full pay period commencing on or after July 1 of 2021, 2022 and 2023. The estimated three-year cost of this 10.0% salary increase 19 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022
APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PICO RIVERA AND SERVICE EMPLOYEES INTERNATIONAL UNION 721 - FULL-TIME MEMBERS FOR A THREE YEAR TERM, JULY 1, 2021 THROUGH JUNE 30, 2024
would be approximately $1,316,000. This amount represents the fully burdened cost, taking into account not only higher salaries for the full-time SEIU 721 employees, but also the additional employer PERS costs associated with the higher salaries.
One-Time Incentive Bonus (Article 5)
The updated MOU includes a one-time, non-pensionable, incentive bonus in the amount of $1,000 for eligible employees. Effective the first full pay period following City Council adoption of the MOU, employees within this bargaining unit hired on or before July 1, 2021 shall receive the incentive bonus with an estimated one-time fiscal impact of $64,000.
Class and Compensation Study (Side Letter #11)
SEIU agreed to the City conducting a class and compensation study to be conducted in 2022 for certain classifications for which the City experienced a recruitment or retention problem. In addition, the City agreed to study certain classifications SEIU requested to be studied. Per the terms of the agreement, “classifications that are found to be below market and that have a recruitment and retention deficiency will be eligible for market increases that will not trigger across-the-board “me too” language.
The results showed that while the positions requested were very close to the comparable cities’ salaries, adjustments are needed to the salary schedule for those employees identified to bring them to the average salary for the region. Those positions are listed in Enclosure 5 and it is estimated that the net fiscal impact of those adjustments totals $178,000 for the three-year period of this agreement. These adjusted 7/1/2021 salaries were used to calculate the retroactive 4% adjustment for July 1, 2021 noted in Article 5 (Salaries).
Certification Pay
The City recognizes that offering certification pay incentivizes staff to increase available skills which contributes to increased productivity, not just by certified employees; boosted productivity results in more efficient teams and improves an organization’s performance. As proposed in the attached MOU, certification pay will be available to employees that possess: Water/Water Quality, Automotive, Code Enforcement, and Building Inspection certifications. It is estimated that the net fiscal impact of those adjustments totals $27,000 for the three-year period of this agreement.
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022
APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PICO RIVERA AND SERVICE EMPLOYEES INTERNATIONAL UNION 721 - FULL-TIME MEMBERS FOR A THREE YEAR TERM, JULY 1, 2021 THROUGH JUNE 30, 2024
Dental Benefits (Article 12)
The current dental coverage is proposed to be expanded to include a dental plan that covers adult orthodontia and has a benefits cap greater than $1,500 per year. It is estimated that the net fiscal impact of those adjustments totals $1,100 for the three-year period of this agreement
Medical Opt Out Pay (Article 12)
The current "opt out pay" amounts of 80% remain in place for current employees.
However, new incoming employees will receive an “opt-out” amount set at an initial the greater of $200 per month, or the Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum each year (currently $149/month). While it cannot be estimated would be, staff proposed this modification to reduce future health care costs.
Deferred Compensation (Article 13)
The previous MOU contained a City contribution to a deferred compensation plan of $500 per year per employee, with a cap of $40,000. This created some inequity among the group, as once the cap was hit, no other member of this group was eligible to contribute. This benefit is designed to help employees put away additional savings for retirement, by utilizing the 457 program (deferred compensation) offered by the City. By providing a matching amount of up to 1% of the employee’s base salary, this would eliminate the $40,000 cap for the SEIU 721 full-time members group), it is hoped that more employees will participate in the 457 program and begin saving for retirement, thus improving their long-term personal financial standing. It is estimated that the net fiscal impact of those adjustments totals $70,000 for the three-year period of this agreement.
Tuition Reimbursement (Article 13)
The proposal would not have a fiscal impact. However, tuition advancement would no longer be permitted.
Holidays (Article 16)
The City recognizes that on June 19th, 2021, President Biden signed Juneteenth as a national holiday. The proposed MOU includes adding this day as a City-recognized holiday with an estimated three-year fiscal impact of $78,000.
The total estimated three-year cost of this package is $1,734,100 and includes the items discussed above.
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022
APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PICO RIVERA AND SERVICE EMPLOYEES INTERNATIONAL UNION 721 - FULL-TIME MEMBERS FOR A THREE YEAR TERM, JULY 1, 2021 THROUGH JUNE 30, 2024
Discussion:
Management began meeting with the full-time employees represented by SEIU 721 Full-Time in the summer of 2021 in order to discuss a successor MOU to the current one which expired on June 30, 2022 (Attachment 4). Management, the SEIU 721 Full-time employees and their SEIU 721 representative met to negotiate new MOU terms. Negotiations were successful and both sides agreed to several updates to the MOU.
Management conferred with the City Council in closed session on several occasions throughout the negotiations process (as evidenced in City Minutes) to discuss the negotiations, provide costing estimates, and solicit feedback from the City Council. Direction was provided to management concerning the various negotiated items.
The list of new terms agreed upon between management and the SEIU 721 Fulltime group for the subsequent MOU are listed below:
1. Term - 3 Years (July 1, 2021 through June 30, 2024)
2. Salaries - Cost of Living Adjustment ("COLA")
a. 4% COLA effective first full pay period in July 2021 b. 3% COLA effective first full pay period in July 2022 c. 3% COLA effective first full pay period in July 2023 d. Employees within this bargaining unit hired on or before July 1, 2021 shall receive a one-time, non-pensionable, incentive bonus in the amount of one thousand dollars ($1,000)
e. Certification pay ranging from $100 to $150 per certificate will be eligible to employees whose classifications have a requirement/relation to the certificate.
3. PERS Cost Sharing - Establish Employee Share Limits
a. Tier I members are responsible for paying the full amount of the employee share, equal to fifty percent (50%) of the total “normal cost” as determined by CalPERS annual valuation reports up to an 8% contribution rate. b. Tier II members are responsible for paying the full amount of the employee share, equal to fifty percent (50%) of the total “normal cost” as determined by CalPERS annual valuation reports up to an 8% contribution rate.
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022
APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PICO RIVERA AND SERVICE EMPLOYEES INTERNATIONAL UNION 721 - FULL-TIME MEMBERS FOR A THREE YEAR TERM, JULY 1, 2021 THROUGH JUNE 30, 2024
4. Medical and Dental Coverage
a. Modify the medical "cash-out" amount to the higher of $200/month or the PEMHCA minimum (currently $149) for all new employees.
b. Add plan that increases medical plan for adult orthodontia to the City's dental offerings.
5. Deferred Compensation
a. City shall make a matching contribution of up to 1% of base salaries per member per calendar year that is enrolled in the City's 457 deferred compensation program and who is making contributions.
6. Tuition Reimbursement – Tuition advancement will no longer be permitted.
As discussed in the "Fiscal Impact" section above, some of these negotiated items have direct cost implications, while others do not. Furthermore, some of the negotiated items' ultimate cost will depend on participation (i.e., Deferred Compensation or Educational Reimbursement).
Overall negotiations were positive and the SEIU 721 full-time members and management feel this proposed MOU fairly compensates employees while simultaneously improving the work environment in the City of Pico Rivera.
Side Letters
During the regular course of the meet and confer process, certain side letters were agreed to by the City and SEIU 721:
Side Letter #9 – the 2015-17 MOU’s with the City’s three full-time bargaining units, a CalPERS Cost-Sharing “Swap” was agreed to by these three units. Specifically, the MOU’s contained language that in FY 2017, the City transferred the cost of the Employer Paid Member Contribution (“EPMC”) of 4% for Tier 1 Members from the City to the Employee. In exchange, the City provided a 4% base salary increase. However, the current City Clerk and Deputy Director of the Community and Economic Development Department were excluded from this Swap, despite them both being Tier 1 retirement benefit employees; and are currently paying 4% contribution. Based on staff’s review, these two employees were to have received the 4% base raise at the time of the 2017-2020 MOU ratification, to allow them to pay for their additional 4% Employee Paid Member Contribution (EPMC). The side letter agreement acknowledges that this was an error, and that providing this 4% base raise to these two employees would not trigger the “me too” clause, as it is a correction of an error.
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022
APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PICO RIVERA AND SERVICE EMPLOYEES INTERNATIONAL UNION 721 - FULL-TIME MEMBERS FOR A THREE YEAR TERM, JULY 1, 2021 THROUGH JUNE 30, 2024
Side Letter #10 – The SEIU Local 721 Full-Time Members 2017-2020 MOU included the addition of a Maintenance Worker III classification. While the language is no longer needed (as this addition has already occurred), the City and SEIU 721 Full-Time agreed to meet and confer regarding the creation of this job classification.
Side Letter #11 – See p. 2 for a summary of this side letter.
Side Letter #12 – The City and SEIU Local 721 Full-Time Members agreed to meet and confer within 90 days of this contract ratification to discuss the “Continuation of Benefits – Workplace Injury”.
Steve Carmona
SC:AG:sp
Enclosures: 1) Resolution/Exhibit 1, with Appendix A and B. 2) Salary Survey Results – SEIU Local 721 Full-Time Unit RESOLUTION NO. ____
I
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
PICO RIVERA, CALIFORNIA, APPROVING, RATIFYING,
AND ORDERING IMPLEMENTATION OF A MEMORANDUM
OF UNDERSTANDING BETWEEN THE CITY OF PICO
RIVERA AND THE SERVICE EMPLOYEES INTERNATIONAL
UNION- FULL-TIME MEMBERS FOR A TERM FROM JULY 1,
2021 THROUGH JUNE 30, 2024
WHEREAS, the City has met its obligation to meet and confer pursuant to the Meyers-Millias-Brown Act (California Code Sections 3500-3511) and the City of Pico Rivera Employer-Employee Relations Resolution; and
WHEREAS, the current Memorandum of Understanding (MOU) between the City of Pico Rivera (City) and the Service Employees International Union 721 - Full-Time Members (SEIU 721 Full-time) expired on June 30, 2021; and WHEREAS, the City and the Service Employees International Union 721 - FullTime Members (SEIU 721 Full-time) have reached agreement; and WHEREAS, the City and SEIU 721 Full-time have memorialized all current negotiated items in a written Memorandum of Understanding, attached hereto.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PICO RIVERA DOES RESOLVE AS FOLLOWS:
SECTION 1. MEMORANDUM OF UNDERSTANDING. The Memorandum of Understanding between the Service Employees International Union 721 - Full-Time Members and the City of Pico Rivera is attached hereto as Exhibit 1, and by reference made a part hereof.
SECTION 2. FULL-TIME EMPLOYEES REPRESENTED BY SEIU 721 JOB CLASSIFICATIONS. Appendix A to the Memorandum of Understanding (also attached hereto as Exhibit 1) reflects the full-time job classifications represented by Service Employees International Union 721.
SECTION 4. SALARY SCHEDULE. Appendix B to the Memorandum of Understanding (also attached hereto as Exhibit 1) reflects the salary schedule for all job classifications covered by this Memorandum of Understanding and represented by the Service Employees International Union 721 - Full-Time Members (SEIU 721 Full-time) which will be effective the first full payroll period commencing on or after July 1, 2021 as outlined in Article 5 of the MOU.
Enclosure 1
19 a
RESOLUTION NO. ____
SECTION 5. ALL RESOLUTIONS, POLICIES, PROCEDURES AND
SIDE-LETTERS IN CONFLICT. The MOU repeals and supersedes in all respects any and all terms and provisions of all prior memorandums of understanding between the City and SEIU 721 Full-time, except to the extent that any term or provision of this MOU expressly provides otherwise.
SECTION 6. That the City Clerk shall certify to the adoption of this Resolution, and it shall become effective immediately upon adoption.
APPROVED AND PASSED this 13th day of September, 2022
__________________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:
NOES:
ABSTAIN:
ABSENT:
MEMORANDUM OF UNDERSTANDING
Between
CITY OF PICO RIVERA
And
SERVICE EMPLOYEES INTERNATIONAL UNION,
LOCAL 721 – FULL-TIME BARGAINING UNIT
July 1, 2021 through June 30, 2024
Exhibit 1
SEIU Local 721
Table of Contents
Article 1: Preamble ....................................................................................................... 1 Article 2: Prior and Existing Conditions...................................................................... 2 Article 3: Recognition ................................................................................................... 3 Article 4: Non-Discrimination....................................................................................... 4 Article 5: Salaries ......................................................................................................... 5 General Salary Increase ...................................................................................... 5 CalPERS Cost Sharing ........................................................................................ 5 Class and Compensation Study ........................................................................... 5 Pay Plan- Merit Increases .................................................................................... 6 Shift Differential .................................................................................................... 6 Move Up Pay........................................................................................................ 6 Article 6: Creation of Maintenance Worker III Classification..................................... 7 Article 7: Performance Evaluations............................................................................. 8 Article 8: Work Schedules............................................................................................ 9 Breaks ............................................................................................................ 9-10 Article 9: Standby ....................................................................................................... 11 Water Division Standby ...................................................................................... 11 Public Works (Non-Water) Standby .............................................................. 11-12 Article 10: Callback ..................................................................................................... 13 Standby Callback................................................................................................ 13 Non-standby Callback ........................................................................................ 13 Off-Duty Call ...................................................................................................... 13 Article 11: Retirement- California Public Employees Retirement System (CalPERS) ...................................................................................................................................... 14 Article 12: Health Benefits ......................................................................................... 17 Health Benefits ................................................................................................... 17 Dental Benefits ................................................................................................... 17 Vision Benefits.................................................................................................... 17 Cash In-Lieu Benefits Program...................................................................... 17-18 Article 13: Supplemental Benefits ............................................................................. 19 Life and Accidental Death and Dismemberment Insurance................................ 19 Supplemental Life Insurance Program ............................................................... 19 Disability Insurance ............................................................................................ 19 Work-Related Travel Insurance.......................................................................... 19 Employee Assistance Program........................................................................... 19 Deferred Compensation Plan ............................................................................. 20 Educational Reimbursement............................................................................... 20 Bilingual Pay....................................................................................................... 21 Longevity Bonus................................................................................................. 21 Article 14: Overtime ................................................................................................... 22 Distribution of Overtime ...................................................................................... 22 Hours Worked .................................................................................................... 22 Compensation for Overtime................................................................................ 22 Use of Compensatory Time-Off ......................................................................... 23 Article 15: Lay-Off Provisions .................................................................................... 24
1. General Statement ....................................................................................... 24
2. Order of Separation ...................................................................................... 24
3. Separation of Full-Time Regular Employees ................................................ 24
4. Reduction in Status/Displacement Rights ..................................................... 25
5. Salary Placement ......................................................................................... 25
6. Notification ................................................................................................... 25
7. Order of Recall.............................................................................................. 25
8. Separation Benefits ...................................................................................... 26
9. Notice of Recall ............................................................................................ 26
10.Reinstatement............................................................................................... 27
11.Restoration of Benefits.................................................................................. 27
12.Assignment of Duties to Another................................................................... 27 Article 16: Types of Leave ......................................................................................... 28 Sick Leave ......................................................................................................... 28 Vacation ....................................................................................................... 29-30 Holidays ........................................................................................................ 30-31 Bereavement Leave .......................................................................................... 31 Catastrophic Leave ............................................................................................ 31 Jury Duty ............................................................................................................ 33 Article 17: Injury-on-Duty ........................................................................................... 34 Article 18: Uniforms .............................................................................................. 35-36 Public Works Department .................................................................................. 36 Community and Economic Development Department ....................................... 37 Foot Wear Allowance ................................................................................... 37-38 Article 19: Joint Labor-Management Committee ..................................................... 39 Article 20: Safety Committee ..................................................................................... 40 Article 21: Union Business ........................................................................................ 41 Union Bank of Hours ......................................................................................... 41 Procedure for Use of Union Bank Hours ........................................................... 41 Provision of Unit Membership List ..................................................................... 41 Use of City Facilities .......................................................................................... 42 Bulletin Boards .................................................................................................. 42 Article 22: Grievance and Appeals Procedure ......................................................... 43 Grievance Procedure ................................................................................................... 43 Section 1: Definitions.......................................................................................... 43 Section 2: Rights and Responsibilities ............................................................... 43 Section 3: Specifics of the Grievance................................................................. 44 Section 4: Procedure..................................................................................... 44-45 Article 23: Maintenance of Membership ................................................................... 46 Voluntary Political Contributions......................................................................... 46 Dues and Benefits Declaration ........................................................................... 46 Article 24: Management Rights ................................................................................. 47 Section 1: Performance Levels........................................................................... 47 Section 2: Supervisory Responsibility................................................................. 48 Section 3: Waiver ............................................................................................... 48 Article 25: Severability ............................................................................................... 49 Article 26: Miscellaneous ........................................................................................... 50 Mandatory Drug Testing for New Employees ..................................................... 50 Last Chance Agreements ................................................................................... 50 Direct Deposit..................................................................................................... 50 Article 27: Term and Effect.................................................................................... 51-52 Appendix A: Classifications.................................................................................. 65-66 Appendix B: Salary Schedule ............................................................................... 67-69 Side Letter #9 .......................................................................................................... 58-62 Side Letter #10........................................................................................................ 63-64 Side Letter #11 ........................................................................................................ 65-68 Side Letter #12 ........................................................................................................ 65-68 ARTICLE 1
PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the representatives of the City of Pico Rivera, hereinafter referred to as "City" and Service Employees International Union, Local 721, hereinafter referred to as "Union", pursuant to the California Government Code Section 3500, et. seq.
This MOU will be effective July 1, 2021 to June 30, 2024. Unless otherwise provided for herein, the following changes in terms and conditions of employment shall be effective upon City Council adoption of this MOU.
ARTICLE 2
PRIOR AND EXISTING CONDITIONS
During the specified term of this agreement, there shall be no change in those matters within the scope of representation that are specifically provided for in this MOU.
ARTICLE 3
RECOGNITION
The City hereby formally recognizes Service Employees International Union, Local 721, as the exclusive representative of the bargaining unit representing those full-time employees within the classifications listed in Appendix "A". City agrees to meet and confer on all matters relating to the scope of representation pertaining to said employees as authorized by law, except as limited by this agreement.
ARTICLE 4
NON-DISCRIMINATION
The parties agree that there shall be no discrimination against any applicant or employee based upon race, color, national origin, ancestry, age, gender, physical disability, mental disability, genetic information, religion, religious creed, marital status, medical condition, sexual orientation, political activity, union activity, or any other class and/or characteristics protected by law.
ARTICLE 5
SALARIES
General Salary Increase
The salary schedule attached hereto as Appendix “B” and by reference made a part hereof shall be adjusted as described below:
Year One
Retroactive to July 1, 2021, all employees covered by this agreement will receive an across-the-board general salary increase of four percent (4.0%).
Year Two
Effective the first full pay period occurring on or after July 1, 2022, all employees covered by this agreement shall receive an across-the-board general salary increase of three percent (3.0%).
Year Three
Effective the first full pay period occurring on or after July 1, 2023, all employees covered by this agreement shall receive an across-the-board general salary increase of three percent (3.0%).
Effective the first full pay period following City Council Adoption of this MOU, employees within this bargaining unit hired on or before July 1, 2021 shall receive a one-time, non-pensionable, incentive bonus in the amount of one thousand dollars ($1,000).
Class and Compensation Study
During the term of this agreement, the City may elect to conduct a class and compensation study. The parties agree to meet and confer over the results of the study. Under no circumstance shall any class and compensation study result in a reduction of salary, a reduction in total filled positions or the forgoing of scheduled across the board general salary increases.
In no way will an employee be adversely impacted by the implementation of the class and compensation study.
Certification:
Certification compensation is provided with the approval of employee’s supervisor. In order to qualify, there must be a requirement/relation to the employee’s job classification.
Certification compensation will be provided on a fiscal year basis, with submittal of proper documentation by employee to supervisor. Certification compensation will be prorated if an employee receives the certificate in the middle of the fiscal year, transfers to another assignment where such certificate does not apply to new assignment or terminates employment with the City in the middle of the fiscal year.
Compensation may be received for certifications other than those listed below if the certification is required or is deemed desirable by the employee’s supervisor, and the additional compensation does not exceed any maximums established below.
Water Certification
Employees will be compensated for qualifying California State Water Treatment/Distribution Certificates as shown below. This benefit applies to any employee in the Water Division, and to any employee in the SEIU who obtains certification and is granted placement on the Duty Call-out Roster. If the employee leaves the Water Division or removes himself/herself (if not assigned to the Water Section) from the Duty Call-out Roster prior to the expiration of 12 months, after receipt of Water Certification compensation, then the City has the right to prorate the Water Certification compensation over 12 months and to deduct these funds from the employee’s paycheck.
1. For Certificate D1–D3/T1–T3: $150 per fiscal year
2. For Certificate D4/T4, an additional $100 each, per fiscal year
3. For Certificate D5/T5, an additional $100 each, per fiscal year Water Quality Technician
Possession of any two (2) of the following three (3) certificates will quality an employee in this classification for $150 per fiscal year as follows:
• Los Angeles County Department of Public Health, Division of Environmental Health Services Certified Backflow Prevention Device Tester. • American Water Works Association (California/Nevada Section) Backflow Prevention Tester.
• American Water Works Association (California/Nevada Section) Cross Connection Control Specialist.
• The maximum Certification Pay for employees assigned to the Water Division will be $450:
Equipment Mechanic and Lead Equipment Mechanic
Possession of any of the following certificates will qualify an employee in this classification for $144 per fiscal year, per certificate, for up to a maximum of seven (7) certifications as follow:
1. ASE Automobile Suspension and Steering.
2. ASE Automobile Brakes.
3. ASE Automobile Heating and Air Conditioning.
4. Heavy Truck Preventative Maintenance.
5. Master Class/eight (8) certificates, employee will receive an additional $150 per fiscal year.
The maximum Certification Pay for employees assigned to the Fleet Division will be $1,000 for fiscal year.
Code Enforcement Officer Certification
Possession of the following three (3) certificates will qualify an employee in this classification for $150 per fiscal year as follows:
California Association of Code Enforcement Officers (CACEO) or (Santiago Canyon College) or any other accredited institution.
• Module #1 (Basic)
• Module #2 (Intermediate)
• Module #3 (Advanced)
•
*All Three modules are required for state certification Possession of any one (1) of the following certifications will qualify an employee in this classification for $150 per fiscal year as follows:
• P.C. 832 Arrest
• Supervisory Code Enforcement Training (Santiago Canyon College) • Housing Quality Standards Specialist
The maximum Certification Pay for employees assigned to the Code Enforcement Division will be $600 per fiscal year.
Building Inspector Certification
Possession of any one (1) of the following certifications will qualify an employee in this classification for $150 per fiscal year as follows:
• B1 Residential Certification
• B2 Commercial Certification
*One of these two Certifications are required to advance beyond step “C” Possession of any one (1) of the following two (2) certificates will qualify an employee in this classification for $150 per fiscal year as follows:
• J2 California Residential Electrical
• J4 Residential Mechanical
The maximum Certification Pay for employees assigned to the Building Division will be $600 per fiscal year.
Fairness Provision
The City shall provide all SEIU Local 721 represented employees covered by this agreement with any greater economic benefits provided to any other City bargaining unit that they may receive during the term of this agreement.
Modified proposal 6/15/22
Shift Differential
Normal work hours fall between 6:30 a.m. and 8:00 p.m. When the City assigns an employee to work after 8:00 p.m. or before 6:30 a.m. the employee will receive additional pay in the amount of five percent (5.0%) of the regular rate for their classifications for all hours worked after 8:00 p.m. and before 6:30 a.m.
If a position is regularly scheduled outside of the normal work hours defined above, then no shift differential will be paid. Alternatively, if an employee requests a change in shift which is regularly scheduled outside of the normal work hours defined above, then no shift differential will be paid. Overtime pay and call outs are exempt from shift differential pay.
Move Up Pay
In the event that an employee is assigned by a Department Director or his/her designee, to work in a higher compensated classification and works in that capacity for a minimum of a full work day, he/she will receive the pay of the higher rated classification. The increase in pay shall be at least five percent (5.0%), not to exceed the top step of the higher rated classification. Such assignment shall be issued in writing to the affected employee, identifying the higher rated classification and the pay grade and step.
Conditions for Receipt of Move-up Pay
A Unit employee who is temporarily required to serve in a regular authorized position in a classification with a higher salary range (higher classification) than the employee currently serves in shall be compensated at the higher base wages in accordance with the following terms and conditions:
• Temporary assignments to higher classifications shall be recorded only in full shift units. No out-of-class pay shall be given for out-of-class work of less than an eight-hour shift.
• The Unit employee must be assigned to assume the majority of those duties and responsibilities of the higher classification.
• The employee’s time worked in a higher classification shall not be counted toward the completion of probationary requirements in the higher classification.
Conditions for Non-Authorization of Move-up Pay
Move-up pay is not authorized, for example, if the organization of a division is such that each Unit employee carries on his/her usual job duties during the temporary absence of a Division Manager or designee, without the direction which the Division Manager or designee would provide on a longer term basis.
ARTICLE 6
CREATION OF MAINTENANCE WORKER III CLASSIFICATION
This section has been replace withSide Letter #10
ARTICLE 7
PERFORMANCE EVALUATIONS
The City agrees that an employee shall be provided an accurate, fair, full and detailed explanation of his/her performance rating for the designated review period. If the employee is eligible for a merit increase, the merit increase shall be implemented the first full pay period following the employee’s anniversary date. In any instance where an annual performance evaluation is not completed on or before the anniversary date and the employee is eligible for a merit increase, the merit increase shall be implemented retroactive to the first full payroll period following the employee’s anniversary date.
Eligibility for a merit increase is a “satisfactory” or above performance evaluation. The City agrees that each employee will receive a copy of his or her performance evaluation and it is agreed that the employee’s signature on the evaluation form shall not necessarily indicate agreement with the content of said evaluation.
Article 8
WORK SCHEDULES
Pursuant to the Fair Labor Standards Act (FLSA), employees shall have a fixed workweek that consists of a regular recurring period of 168 consecutive hours (seven- 24 hour periods) which can begin and end on any day of the week and at any time of the day. The designated workweek for an employee may be changed only if the change is intended to be permanent and not designed to evade overtime requirements of the FLSA.
Generally, the City operates under an Alternative Work Week schedule commonly known as the "4/10 Plan." Workweeks and work shifts of different numbers of hours may be established by the City in order to meet business and customer service needs, as long as the work schedules meet federal and state laws.
It is recognized and understood that deviations from normal hours of work may occur from time to time, resulting from several causes, such as but not limited to vacations, leave of absence, weekend and holiday duty, absenteeism, employee requests, temporary shortage of personnel, low census and emergencies.
General Statement on Days of Operation
1. The standard work week will be inclusive of all days between Monday and Sunday.
The intent is to allow maximum flexibility to accommodate various operational needs of the City, including but not limited to, water related maintenance and operations, parking enforcement, code enforcement, parks maintenance, parks and recreation operations, etc.
2. Generally, City Hall (6615 Passons Blvd, inclusive of City Hall West) and the Parks and Recreation Main Office (6767 Passons Blvds) will be open four (4) days per week, Monday through Friday.
3. Generally, The City Yard (9633 Beverly Road) will be open four (4) days per week, Monday through Thursday.
4. Parks and Recreation facilities (other than the main offices located at 6767 Passons Blvd) will have consistent operating days and hours that coincide with each facilities' normal operation.
Scheduling Accommodations
It is understood that certain individual employees may need to adjust or deviate their work schedule based on child care or other documented, legitimate needs. These circumstances will be handled on a case-by-case basis, with approval from the employee's direct supervisor and Department Director. This section is meant to allow for flexibility in scheduling, however Management still reserves the right to require employees to work a schedule so as not to negatively impact operational needs.
All deviated schedules will be documented between employee, supervisor, Department Director and Human Resources on a form created and approved by the Human Resources Division.
Deviated schedules will be reviewed at least once per calendar year by the appropriate supervisor, and will include review/approval by the Department Director. Management reserves the right to review deviated schedules more frequently based on operational needs or if the employee's reason for being granted a deviated schedule changes.
It is also understood that at times, "ad hoc" schedule adjustments may be needed. It is the responsibility of the employee to seek approval from their supervisor should they need to modify their schedule for an unforeseen event or personal emergency. Should time need to be "made up" for such an unforeseen or personal emergency scheduling issue, it will be done within the same eighty (80) hour pay period. This only applies to "ad hoc" circumstances, and not for known, recurring schedule deviations which will be documented and approved as described herein.
Breaks
Each Department Director has the discretion to schedule two paid fifteen (15) minute rest breaks and unpaid lunch break(s), within that particular department. Lavatory and cigarette breaks are permitted within reason, and shall be taken according to department policy.
Within the above discretionary grant of authority, the parties recognize that circumstances including, but not limited to, climate and the type of work being performed, are factors to be considered by a supervisor in exercising discretion as to the scheduling of rest periods.
Therefore, although the grant of rest periods remains within the discretion of a supervisor, the supervisor shall consider these and other relevant factors in determining how to exercise that discretion.
ARTICLE 9
STANDBY
When placed in standby status as described herein, the following duties and responsibilities shall be borne by the standby designee:
1. The designee shall at all times, be immediately accessible by telephone and/or radio device. The City shall provide the designee with either a cellular telephone or a radio, at the City’s discretion.
2. The designee shall be required to be available to respond to a work site designated by the supervisor, within a reasonable time as is designated by a supervisor.
3. At all times while in an on-call status, the designee shall maintain him/herself in reasonable physical and mental condition by which to both respond to a call for service and to thereafter reasonably perform the required assignment.
4. The on-call designee shall be selected on a rotational basis by the supervisor.
5. Employees designated as being on standby, shall be available for call back on holidays, Saturdays, Sundays, and Fridays that are not regularly scheduled as workdays.
Water Division Standby
This standby provision shall be applicable only to Water Division employees. Certified Water Division employees or non-certified Water Division employees whom have received approval of the Department of Public Health, are the only unit members eligible for standby compensation. Water standby is mandatory for Water Systems Operators with a D1 or T1 or higher certification.
In those cases where a supervisor has in writing, designated one (1) certified or noncertified Water Division employee to be on standby, that one designee shall be compensated while on standby status, at the rate of two dollars ($2.00) per hour for each non-regularly scheduled hour in the standby status. The two dollars ($2.00) per hour shall not be paid concurrently with compensation for time actually worked if called back to perform duties. Any pay rate increase to Public Works standby pay, beyond two dollars ($2.00) per hour will also apply to Water Division standby.
Any employee required to monitor the water system outside of normal working hours (i.e. take home the system laptop) shall receive a five percent (5.0%) differential.
Public Works (Non-Water) Standby
This standby provision shall be applicable to the following Maintenance Worker II/III and Facilities Maintenance Worker II/III classifications. The assignment of standby, who have volunteered, will be provided to the Maintenance Worker III and Facilities Maintenance Worker III first, if neither is available, Maintenance Workers II and Facilities Maintenance Workers II, who have volunteered, will be offered the assignment of standby. The employees who volunteer for this duty will be eligible for standby compensation. In those cases where the Public Works Superintendent or Field Operations Manager has in writing, designated one (1) Maintenance Worker III or Facilities Maintenance Worker III employee to be on standby, that one designee shall be compensated while in said standby status, at the rate of two dollars ($2.00) per hour for each non-regularly scheduled hour in the standby status. The two dollars ($2.00) per hour shall not be paid concurrently with compensation for time actually worked if called back to perform duties.
ARTICLE 10
CALLBACK
Standby Callback
Public Works Department employees who are on standby and are called back to work shall be compensated for work hours at the rate of time and one-half (1 ½) base rate of pay with minimum compensation of three (3) hours.
Non-standby Callback
Employees who are not on standby called back to work after their regular hours will receive a minimum of two (2) hours paid at the rate of time and one-half (1 ½) base rate of pay. An affected employee shall be eligible for callback compensation only if the callback work is not contiguous with the employee’s scheduled hours of work. (For example, if an employee’s scheduled shift ends at 4 p.m. but the employee is required to continue work without interruption, the excess work is not the result of a “callback.”) On the other hand, if the employee’s scheduled shift terminates at 4 p.m., the employee leaves the premises, and at 5 p.m. is required to perform services, the latter services are covered by the “callback” provisions of this Agreement. Callback time includes reasonable travel time to and from the designated worksite(s) and the employee’s residence or other point of departure to the worksite, whichever is closer in distance.
Off-Duty Call
Employees shall refrain from contacting off-duty employees to discuss work-related matters. If an on-duty employee requires the knowledge or assistance of an off-duty employee which cannot wait until the off-duty employee returns to duty, the on-duty employee shall first contact his/her supervisor. If the supervisor approves the contact of an off-duty employee, or if the supervisor fails to respond to the on-duty employee’s communication within ten (10) minutes, the off-duty employee may be contacted to provide necessary information or assistance concerning a work-related issue. An off-duty employee who receives such a call for assistance shall notify his/her supervisor upon returning to duty and document on his/her time sheets all time spent in providing assistance to the on-duty employee. The off-duty employee shall be compensated in increments of no less than thirty (30) minutes.
ARTICLE 11
RETIREMENT
CALIFORNIA PUBLIC EMPLOYEES RETIREMENT SYSTEM (CalPERS) The City offers a defined retirement benefit plan through contract with the California Public Employees’ Retirement System (CalPERS). Unit members are eligible for one of three (3) benefit tiers pursuant to the City’s contract with CalPERS. Information provided here is a summary of the benefits. The CalPERS contract is available to unit members or Union representatives upon request.
The applicable benefit tier available to an individual employee depends on his/her date of hire and/or status as a “new member,” as defined by the Public Employees’ Pension Reform Act of 2013 (PEPRA, AB 340) as assigned by CalPERS. Each benefit tier defines the applicable retirement formula, final compensation period, and employee contribution/cost sharing as follows:
1. Tier I: Full-Time Employees hired on or before June 30, 2012
a. Shall be eligible for the CalPERS retirement benefit formula based on 2.5% at age 55.
b. The final retirement compensation level shall be calculated using the single highest twelve (12) months of CalPERS reportable earnings, per the California Government Code.
c. Tier I members are responsible for paying the full amount of the employee share, equal to fifty percent (50%) of the total “normal cost” as determined by CalPERS annual valuation reports up to an 8% contribution rate.
Currently the City offers retiree medical through CalPERS medical. The City also currently pays one hundred percent (100%) of the retiree’s health insurance premium based on the retiree’s level of coverage.
2. Tier II: Full-Time Employees hired after June 30, 2012 a. Shall be eligible for the CalPERS retirement benefit formula based on 2.0% at age 60.
b. The final retirement compensation level shall be calculated using the average of the highest consecutive thirty six (36) month earnings, per the California Government Code.
c. Tier II members are responsible for paying the full amount of the employee share, equal to fifty percent (50%) of the total “normal cost” as determined by CalPERS annual valuation reports up to an 8% contribution rate. The City offers retiree medical through CalPERS medical. The City pays the minimum contribution required by the Public Employees Medical and Hospital Care Act (PEMHCA) toward the retiree’s CalPERS medical insurance premium.
3. Tier III: Full-Time Employees hired on or after January 1, 2013 who are classified as “new members” as defined by the Public Employees Pension Reform Act (PEPRA), Assembly Bill 340
a. Shall be eligible for the CalPERS retirement benefit formula based on 2.0% at age 62.
b. The final retirement compensation level shall be calculated using the average of the highest consecutive thirty-six (36) month earnings, per the California Government Code.
c. Per PEPRA, the City does not make contributions towards the employee share for new members. New members are responsible for paying the full amount of the employee share, equal to fifty percent (50%) of the total “normal cost” as determined by CalPERS annual valuation reports up to an 8% contribution rate. The City will not make any contributions towards the employee share of PERS, as outlined in AB 340 for Tier III members. d. The City offers retiree medical through CalPERS medical. The City pays the minimum contribution required by the Public Employees Medical and Hospital Care Act (PEMHCA) toward the retiree’s CalPERS medical insurance premium.
4. The City has adopted the CalPERS resolution in accordance with IRS Code section 414(h)(2) to ensure that the employee contribution is made on a pre-tax basis by way of payroll deduction. All employee-paid member contributions shall be pre-tax via payroll deduction.
5. Applicable to all Full-Time Employees regardless of hire date a. Retired Death Benefit- the City’s contract with CalPERS provides for a fivethousand dollar ($5,000.00) lump sum death benefit payable upon retiree’s death.
b. Pre-Retirement Option 2W Benefit - the City has contracted with CalPERS to provide a monthly death benefit allowance for a surviving spouse or registered domestic partner. The allowance is calculated as though the member retires from service on the date of death and chose Option 2W.
c. Service Credit Buy-Back Program - eligible employees can purchase, with pretax dollars, service credits from CalPERS for past eligible employment. d. Military Buy-Back - eligible employees can purchase, with pre-tax dollars, a maximum of four (4) years service credit from CalPERS at the employee’s expense.
e. 1959 Survivor Benefit Level 4 - The City’s contract with CalPERS provides 1959 Survivor’s Benefits Level 4. The 1959 Survivor Benefit is paid along with other death benefits whether or not the employee was eligible to retire at the time of death.
The benefit consists of a monthly allowance which may be paid to the employee’s eligible surviving spouse and children. A spouse is eligible if he/she (1) has care of eligible children (including stepchildren) or (2) is age 60 or older. (Children are eligible if under age 22 and unmarried or incapacitated because of a disability which began before age 22). A parent may be eligible if there is no surviving spouse or eligible children, and the parent(s) was dependent on the member for at least half of their support at the time of the member’s death.
The benefit level amounts to be provided are dictated by PERS and the amounts provided will be done in accordance with the latest rates published by PERS.
ARTICLE 12
HEALTH BENEFITS
Health Benefits
Employees Hired on or Before June 30, 2012- The City shall pay one hundred percent (100%) of the health insurance premiums for HMO providers and a maximum of eightyfive percent (85%) of the premium rate for PERS Gold (PPO) Employees Hired After June 30, 2012 - The City shall pay one-hundred percent (100%) of the health insurance premiums for the employee and eligible dependents not to exceed the Kaiser HMO premium rate. Employees may choose a different health care provider offered by the City, however, any cost greater than the Kaiser HMO premium rate shall be paid by the employee, through payroll deductions.
Dental Benefits
The City shall pay one-hundred percent (100%) for Delta Dental coverage. The City shall pay one-hundred percent (100%) of the dental insurance premium for the employee and eligible dependents not to exceed the HMO premium rate. Employees may choose a different dental plan offered by the City, however, any cost greater than the HMO premium rate shall be paid by the employee, through payroll deductions. The City shall offer at least one dental plan that covers adult orthodontia and has a benefits cap greater than $1,500 per year.
Vision Benefits
The City shall pay one-hundred percent (100%) of the vision insurance premium for the employee and eligible dependents.
Cash In-Lieu Benefits Program
The Cash In-Lieu of Benefits Program (i.e., “Cash In-Lieu”) allows employees to opt out of the City’s provided health plan under certain conditions. An employee will be eligible for the Cash In-Lieu Program only when the employee provides proof of other medical coverage and an executed Health Insurance Waiver form. An employee may participate in the Cash In-Lieu Program only at the time of Open Enrollment, when a qualifying life event (QLE) occurs, or at the time of hire. In the event the employee loses health coverage through the alternative source, the employee should contact Human Resources regarding the employee’s eligibility to enroll in the City’s Health Plan.
Cash In-Lieu of Benefits Program amounts for new enrollees after ratification of this agreement shall be equal to the PEMCHA minimum or $200, whichever is higher. Current participants at time of ratification will be grandfathered into the cash in lieu benefits program at a rate equal to eighty percent (80%) of the health program amount they would qualify for. This amount will be distributed through the normal payroll process in twenty-four (24) equal payments.
When an employee leaves employment, the City must offer the opportunity to continue the medical, dental and vision benefits they have upon terminating. If the employee is participating in the Cash In-Lieu of Benefits Program, Consolidated Omnibus Budget Reconciliation Act (COBRA) medical benefits continuation will not be available.
Upon retirement, if an employee was not previously enrolled in a City sponsored PERS medical plan, the employee may be eligible to enroll in the CalPERS retirement medical plan subject to CalPERS regulations.
ARTICLE 13
SUPPLEMENTAL BENEFITS
Life and Accidental Death and Dismemberment Insurance
The City shall provide life and accidental death and dismemberment insurance benefit of twenty-thousand dollars ($100,000) per employee.
Supplemental Life Insurance Premiums
Employees may elect supplemental life insurance through a City provider at the employee’s expense, paid through payroll deduction.
Disability Insurance
The City will pay one-hundred percent (100%) of the premiums for Long and Short-Term Disability.
Work-Related Travel Insurance
The City agrees to provide an additional Accidental Death and Dismemberment benefit available to all full-time City employees. The coverage is for death and injuries which occur during work-related travel for all employees as defined by the policy. a. Employees earning five-thousand dollars ($5,000) monthly and over receive one-hundred fifty thousand dollars ($150,000) in coverage. b. Full-time employees earning three-thousand and five hundred dollars ($3,500) but less than five-thousand dollars ($5,000) monthly receive one-hundred thousand dollars ($100,000) in coverage.
c. Full-time employees earning two-thousand and five hundred dollars ($2,500) but less than three-thousand and five-hundred dollars ($3,500) monthly receive seventy-thousand dollars ($75,000) in coverage.
d. Full-time employees earning less than two-thousand and five hundred dollars ($2,500) monthly receive fifty-thousand dollars ($50,000) in coverage.
Employee Assistance Program
The City offers an Employee Assistance Program which provides counseling and assistance to employees. The program includes the following components:
1. Referring of employees to a variety of counseling/treatment facilities for personnel.
2. Informing employees of the program and types of assistance available.
3. Training of supervisors to recognize employee problems.
4. Referring of employees to affordable service providers – ones covered by the employee’s medical insurance or ones that are affordable to the employee.
5. Reporting to City is done on a confidential basis.
Deferred Compensation Plan
The City has available a deferred compensation plan (i.e., Internal Revenue Code Section 457 program) which employees may choose to participate in at their own expense.
In addition, the City agrees to establish a contribution matching program effective as soon as practical after final ratification of this agreement. In order to qualify for the City matching contribution, employees must be enrolled in the Deferred Compensation Plan and must be making bi-weekly contributions.
The City will match Union members contributions up to a maximum of one percent (1.0%) of base compensation
Participation in the Deferred Compensation Plan is voluntary. The City will endeavor to provide education to all employees on the benefits of participating in the Deferred Compensation Program.
Educational Reimbursement
To encourage employees to further their education, it is City policy, with the signed approval of both the Department Director and City Manager, to provide financial assistance to the employee for registration, books, parking or other related educational expenses as outlined in applicable Internal Revenue Service (IRS) code. The maximum annual amount of tuition reimbursement will be the IRS maximum of $5,250 (or the effective amount should it be adjusted by the IRS in a given year).
The City shall develop and publish an educational reimbursement program that satisfies all required IRS rules and guidelines. The education reimbursement program shall include professional certifications.
If the course is not completed and/or a passing grade of “C” or above is not achieved, the employee must repay in full the entire amount of the upfront funding. Tuition advancement shall not be permitted.
Bilingual Pay
Eligible unit employees who are appointed by their Department Director to speak a language other than English and who successfully pass the oral examination administered by the Human Resources designee shall receive fifty dollars ($50) per month for use of a second language in the performance of their job.
Eligible unit employees who are appointed by their Department Director to read, write or transcribe a language other than English and who successfully pass the oral/written examination administered by the Human Resources designee shall receive one hundred dollars ($100) per month for the use of a second language in the performance of their job.
Longevity Bonus
The City agrees that employees covered by this agreement shall receive an annual longevity bonus at the end of each fiscal year based on years of service. “Years of service” shall be defined as the time spent employed by the City of Pico Rivera as a fulltime regular employee. The Longevity Bonus shall be paid in a lump sum the first full pay period following the employee reaching the years of service milestones listed below:
o After 5 Years of Full-Time Regular Employment $300
o After 10 Years of Full-Time Regular Employment $500
o After 15 Years of Full-Time Regular Employment $750
o After 20 Years of Full-Time Regular Employment $1,000 It is understood that the Longevity Bonus is a one-time lump-sum payment provided as per the schedule above, on the first full pay period of the fiscal year, and shall not be considered “PERSable” compensation as defined by California Code of Regulations Section 571 et al.
ARTICLE 14
OVERTIME
Authorized overtime is when a Fair Labor Standards Act (FLSA) non-exempt employee, at the request of the supervisor with Department Director approval, works in excess of a normally scheduled work day or in excess of the normally scheduled work hours in a work week.
Unauthorized overtime is any time worked in excess of a normally scheduled work day or in excess of the normally scheduled work hours in a work week without supervisory approval. Unauthorized overtime is prohibited.
Distribution of Overtime
The City shall use reasonable efforts to distribute overtime work equitably among the qualified employees of an office, operational unit or work group with consideration given to City need and employee availability in making the distribution. Upon reasonable notice, an employee shall be required to work overtime as needed. If an employee is not available for an overtime assignment it shall be without prejudice in consideration of that employee for subsequent overtime assignments.
Hours Worked
For the purpose of FLSA, “hours worked” include:
a. Actual hours worked - all the time during which an employee is required to be on employer’s premises on duty or at a prescribed work place. b. Time during which an employee is excused from work because of a paid holiday. c. Time during which an employee is excused from work because of jury duty. d. “Additional sick leave” also referred to as “sick personal leave” hours (accrue limited to twenty four (24) hours per year).
“Hours worked” do not include:
a. Time during which an employee is excused from work because of an unpaid holiday.
b. Paid leave time, including compensatory time off.
Compensation for Overtime
1. Compensation for FLSA non-exempt employees for overtime worked shall be at time and one-half (1 ½) the hourly rate in effect at the time such overtime service is rendered when the employee has worked in excess of forty (40) hours of a full regularly scheduled work week. Work week is defined as midday Friday to the following midday Friday unless otherwise defined for that employee.
2. Compensation for non-exempt FLSA employees who work in excess of the regularly scheduled work day but do not work in excess of forty (40) hours of the regularly scheduled work week shall be at the straight time hourly rate for those hours worked in excess of the regularly scheduled work day. Time and one-half shall be paid only after the employee has also worked in excess of and has satisfied the regularly scheduled work week requirement.
3. Compensation for overtime worked may also be in the form of compensatory time off which shall be credited at the rate of which straight time or time and one-half, whichever is appropriate with 1-2 immediately above.
4. The Department Director, taking into account the stated preference of the employee, will determine whether overtime will be compensated as pay or compensatory time off.
5. Employees may earn a maximum of sixty (60) hours of compensatory time off and any additional overtime compensation will be paid to the employee.
Use of Compensatory Time-Off
An employee who requests the use of accumulated compensatory time off will be permitted to use such time within a reasonable period after making the request, unless use of the compensatory time off will unduly disrupt the operations of the department.
Compensatory time off shall be available for use as soon as it is earned.
ARTICLE 15
LAY-OFF PROVISIONS
1. General Statement - The City Manager may lay-off an employee whenever it is deemed necessary due to lack of work, lack of funds, or elimination of a position.
Whenever a lay-off becomes necessary, preference will be given to retaining full-time employees whenever possible taking into account the operational needs of the City and in accordance with the provisions below. The City shall Meet and Confer on the impact of the lay-off(s) with designated bargaining unit representative(s) pursuant to the Meyers-Milias-Brown Act (MMBA).
2. Order of Separation - All non-permanent employees in the affected job class(es) shall be laid off before any full-time, permanent employees, and in the following order:
a. Emergency (At-Will)
b. Provisional (At-Will)
c. Temporary (At-Will)
d. Part-Time/Hourly (At-Will)
e. Probationary (Non-Permanent, At-Will)
The inclusion of part-time/hourly personnel in this order of separation does not entitle them to any benefits accorded to full-time permanent employees.
3. Separation of Full-Time Regular Employees - All lay-offs in a specified job class due to the lack of work, lack of funds, or elimination of a position shall be based on seniority in total full-time City service and shall be in the reverse order of seniority. That is, the employee in the affected job class with the least total City service shall be laid-off first.
Service seniority is defined as the length of service with the City as a full-time employee.
Whenever service seniority is equal, the following criteria shall be applied in the indicated order:
a. Service within that job series
b. Job Performance based on total City service
c. Drawing of lots
“Job Series” is defined as:
A group of represented job classes which perform substantially the same or similar work; consists of a series of job classes based on education, experience, specialized skill or certification. Salary ranges within and between job classes in a “job series” may differ and be higher or lower depending on the class. Management retains the right to determine which job classes constitute a “job series”.
4. Reduction in Status/Displacement Rightsa. Any employee scheduled to be laid off due to lack of work, lack of funds or elimination of position, may, not later than five (5) working days after notice of layoff, request to displace (“bump”) an employee in a lower job class within the job series provided the laid off employee has greater overall City service seniority than the employee in the lower job class and is qualified by education and/or experience for such a position. If there is more than one employee who is qualified for such appointment(s), the “bump” shall be based on seniority, with the employee with the highest seniority offered the position first, then the next highest etc. If the employee(s) have the same seniority, then the procedure for breaking ties set forth above shall apply.
b. Employees may revert to positions outside of the job series when they have served in the respective position outside the job series for a minimum of six (6) months; and there is a vacancy or an incumbent in such position who has less overall City seniority than the employee requesting the reassignment in lieu of lay-off. c. The employee displaced as a result of being “bumped” shall be considered laid off for the same reason as the person originally displaced. The same displacement rights shall be afforded.
5. Salary Placement - An employee(s) who accepts an appointment to a lower job class or a position outside the job series as a result of a lay-off and/or a displacement (“bump”) shall be placed on the step of the salary range of the new job class which most closely corresponds to, but in no case exceeds, the salary step of the previously held position.
6. Notification - The laid off employee shall be given written notice of lay-off not less than thirty (30) calendar days prior to the effective date of the lay-off. The employee laid off or displaced as a result of another employee’s reversion to a lower job class or position outside the job series shall receive written notice of lay-off not less than twenty (20) calendar days prior to the effective date of such action. This will continue until the person with the least seniority is laid off.
7. Order of Recall - Employees who have been laid off shall be placed on an appropriate lay-off/reinstatement list for one and one-half (1 ½) years according to the date of separation and job class of position. The list shall be used by the appointing officer when a vacancy exists for the job class or position of former employment. The specifications and requirements of the job class shall not be changed during that one and one-half (1 ½) year period. Recall from lay-off shall be in the reverse order of layoff within the class and in accordance with the reinstatement list compiled for such purposes.
8. Separation Benefits - The laid off employee will be entitled to separation benefits and pay as follows:
a. Depending on operational needs, the Department Director may require the employee to continue working during the thirty-day notice period. At the time the lay-off becomes effective, the employee will be offered Consolidated Omnibus Budget Reconciliation Act (COBRA) coverage for medical, dental and vision as required by law. The employee’s name will also be placed on the reinstatement list.
b. Depending on operational needs, the Department Director may place the employee on paid leave during the thirty (30) day notice period. At the time the lay-off takes effect, the employee will be offered COBRA coverage for medical, dental and vision as required by law. The employee’s name will also be placed on the reinstatement list.
c. Employees who elect resignation in lieu of lay-off within the five (5) working-day “bumping” election period, shall receive three (3) months salary and may elect COBRA coverage for medical, dental and vision. The employee agrees to waive all rights to reinstatement from the laid off position. A resignation becomes final when the Department Director or Human Resources Director receives written notice of resignation. Said resignation cannot be rescinded. d. Employees who elect to retire within the five (5) working-day “bumping” election period in lieu of lay-off, shall receive three (3) months salary, medical benefits paid by the City if eligible, and may elect COBRA coverage for dental and vision. The employee agrees to waive all rights to reinstatement from the laid-off position.
9. Notice of Recall - Employees to be laid off shall submit to Human Resources their address at the time of separation and be responsible for submitting written notification of any address changes to Human Resources. Notice of recall from lay-off shall be by return-receipt requested mail and shall specify the date for reporting to work, which shall not be less than fourteen (14) calendar days from the date notice is received.
Notice shall be deemed to have been received when sent to the last known address on file with the City and delivery is certified by the Postal Service. Notice of recall will also be forwarded to the respective employee organization.
Upon receiving notice, the laid off employee shall have fourteen (14) calendar days in which to accept or decline in writing the recall opportunity. If the employee fails to respond in writing within fourteen (14) calendar days of recall, the City will proceed to the next senior person on the reinstatement list and follow the same notice and response procedure. The process will continue through the list until recall needs are met, the list is exhausted or the one and one-half (1 ½) year period expires. Any employee who refuses recall, fails to respond to the recall notice within the maximum fourteen (14) calendar days, or fails to report on the prescribed date, waives all remaining rights to recall and reinstatement as an employee.
10.Reinstatement - During lay-off status, no person shall be entitled to accrue any additional benefits, rights, privileges or obligations of employment, nor be entitled to any employer contribution for health, retirement or any other benefit plan, except as may be agreed to in writing or restored upon recall and reinstatement as herein set forth. Employees reinstated under the provisions of this article shall begin accruing benefits at the level that had been attained prior to displacement.
The probationary status of any employee who is interrupted by lay-off must be completed upon reinstatement; however, where the probation has been interrupted by lay-off for a period of six (6) months or more a new probationary period of not less than ninety (90) days will be required in all cases; as well as in situations where recall is to a class or department different from that in which the individual was displaced by lay-off.
11.Restoration of Benefits - Any employee who has been laid off and who is reinstated in a permanent position within one and one-half (1 ½) years from the date of lay-off shall receive the following considerations and benefits:
a. All seniority held at the time of lay-off shall be restored; b. All prior active City service time (full-time) shall be credited for the purpose of determining benefits such as vacation accrual rates and service awards.
12.Assignment of Duties to Another - The duties performed by any laid off employee may be assigned to any other employees holding positions in appropriate classes.
ARTICLE 16
TYPES OF LEAVE
Sick Leave
Sick leave with pay is granted to all permanent, probationary and provisional employees.
The following are details of the sick leave provision:
a. Sick leave allowance is eighty one (81) hours per year, accrued at three point one two four (3.124) hours of sick leave each pay period.
b. The maximum number of hours available for cash payment per year is eighty-one (81) hours.
1. Use - An employee's sick leave and/or compensatory time accruals can be used for an illness or medical appointment of an employee or family member as well as for any unexpected absence. This should be done at the employee's discretion, keeping in mind that the use of sick leave rather than other available leave may impact future leave availability when needed.
2. Physician's Certificate - An employee may be required to provide the supervisor or Department Director with a physician's certification of illness or a release to return to work. An employee injured off the job shall be required to provide a physician's release to return to work.
3. Accumulation - Up to eight hundred (800) hours of sick leave may be accumulated during the course of employment with the City. If an employee’s sick leave is exhausted, the employee may use vacation time for illness but only after a full workday advance request and with the approval of the supervisor and Department Director.
Vacation leave, under any circumstance, may not be used for single day illnesses. If an employee has no paid leave time accumulated or has paid leave time but wishes not to use it, he/she must take leave without pay or any other leave otherwise provided by law.
4. Cash Payment - Once each year, coinciding with the first full pay period ending in June, each employee may choose to take any or all of the fiscal year's accumulated sick leave as cash provided it does not exceed eighty-one (81) hours. Per California Labor Code, sick leave is paid at the employees rate of pay at the time of pay out (i.e., the employee’s pay rate during the first full pay period ending in June). The balance of the sick leave may be left on the books as time. The time remaining on the books may only be taken as cash when the employee terminates employment.
5. Credit Upon Separation - Employees who separate from employment with the City may be paid the salary equivalent of all accrued sick leave prior to the effective date of termination. Sick leave is paid out at the employee’s rate of pay at time of separation. Accumulated sick leave may also be converted to service credit with CalPERS at the time of retirement, subject to CalPERS law. A choice of either sick leave as service credit or cash-out of sick leave will be given.
Additional Sick Leave
Twenty four (24) hours of additional sick leave is granted to all permanent, probationary and provisional employees. Additional sick leave does not roll over or accumulate, and cannot be taken as a cash payment. Additional sick leave cannot be cashed out upon separation.
Vacation
All employees are entitled to annual vacation leave with pay. A Department Director may approve or deny a vacation request if the employee has no accrued vacation.
Length - The maximum amount of annual vacation leave accrual that an employee is entitled to depends upon years of service as indicated below:
• One through four years 88 hours (3.385 hours per pay period) • Five through nine years 128 hours (4.923 hours per pay period) • Ten years through nineteen years 168 hours (6.462 hours per pay period) • Twenty years or greater 208 hours (8.000 hours per pay period) Accrual -Vacation leave will begin accruing immediately upon the employee’s official start date.
Credit Upon Separation - Employees who separate from employment with the City shall be paid the salary equivalent of all accrued vacation leave earned prior to the effective date of termination. Vacation leave accrued is paid at the employee’s rate of pay at time of separation from employment.
Schedules - Each department will keep and monitor the vacation schedule of its employees. For vacation requests exceeding one day, the employee shall request vacation time in writing at least seven (7) days in advance of the time desired. For leave request amounts of one day or less, twenty-four (24) hour notice is sufficient. All vacation leave requests will be signed by the employee and must be approved by the employee’s supervisor and/or Department Director to be valid. Acceptance of the request does not constitute approval. Department Directors and Supervisors have the authority to deny requests. The Department Director will determine the vacation schedule with due regard for the wishes of the employee and the needs of the department subject to the MOU. If more requests are received for the same period at the same time then seniority may be used in granting the request. In the event a vacation request is denied, the reason for the denial shall be provided in writing.
Accumulation - Vacation leave may be accumulated to a maximum of three-hundred and twenty (320) hours. Hours in excess of three-hundred and twenty (320) hours will automatically be paid out to the employee annually on the first pay date of December.
Vacation Cash Out - Annually, on the first pay date in December, an employee may opt to cash out any or all vacation hours that exceed one-hundred twenty (120) hours. If a cash out is elected, a minimum balance of one-hundred twenty (120) hours must remain on the books. Vacation leave will be paid at the employee’s rate of pay in effect the first pay date in December.
At the request of the eligible employee, emergency payouts may be approved throughout the year without the minimum balance requirement. Employees must submit a written request describing the reason for the emergency payout to their Department Director, with all request requiring final approval by the City Manager.
An emergency is defined as follows:
1. A severe financial hardship;
2. Event was unforeseeable (including but not limited to: illness, accident or casualty);
3. Event was incurred by employee, spouse or dependent; and
4. Employee has no other means to cover costs.
The City Manager’s decision is final.
Holidays
The City recognizes twelve (12) holidays per year. Holiday pay will accrue as the Holiday passes. Employees will receive the number of holiday hours they normally would have been scheduled to work. For example, employees on a 4/10 work schedule will receive 10 hours of holiday pay for each holiday. The City will recognize the following holidays and observe each holiday during the regular Monday-Thursday work week. The Human Resources Department will publish a Holiday Calendar in January of each year, noting the day the holiday will be recognized by the City. Should a City-recognized holiday fall on a Friday, the observation will fall on the previous Thursday. Should it fall on a Saturday or Sunday, the observation of the holiday will be the following Monday.
Holidays
New Year’s Day
Martin Luther King Day
President’s Day
César Chávez Day
Memorial Day
Juneteenth
Independence Day
Labor Day
Veteran’s Day (observed)
Thanksgiving Day
Day After Thanksgiving
(observed)
Christmas Day (observed)
Bereavement Leave
A three (3) day bereavement leave shall be granted to full-time employees for a death in the immediate family. The immediate family shall be defined as parents, step-parents, stepbrother/sister, step-children, mother/father-in-law, brother/sister-in-law, spouse, brother/sister, children, grandparents, grandchild, step-grandchild, court-appointed or other verifiable guardian. Bereavement leave shall not be charged to the employee's sick or vacation leave balance. Upon request and with supervisory approval, a day of vacation may be added to bereavement leave to accommodate personal or travel need.
Catastrophic Leave
Purpose - Catastrophic leave is a leave sharing program intended to allow employees to voluntarily donate accrued leave to other eligible employees for the employee or the care of a spouse, parent or dependent child of an employee suffering from a catastrophic illness or injury. A catastrophic illness of an employee is any non-occupational medically verifiable illness or injury of such serious nature as to require long-term absence from work. Catastrophic illness of a family member shall be defined as those medically verifiable illnesses or injuries which are of such serious nature as to require long-term and/or full-time care by the employee. Family members are defined as the employee’s spouse/domestic partner, parent, parent-in-law, child, or other person for whom the employee is legal guardian. Catastrophic illness leave shall be additional paid leave available from vacation, sick or compensatory leave donated by other City employees to a specific qualified employee.
Eligibility -
1. An employee (recipient) may be eligible to receive and use donated leave if he or she, or their family member, has a catastrophic illness as defined above.
2. The employee must produce competent medical verification of the illness or nonwork related injury satisfactory to the City.
3. The employee must have a minimum of one year of service with the City.
4. The employee must have exhausted all paid leave, including but not limited to sick leave, vacation, and compensatory time.
5. In order to receive and use donated leave, an employee must not be receiving any other salary continuation benefits such as disability benefits.
6. No more than four-hundred eighty (480) hours per twelve (12) month period from date of catastrophic leave approval may be received by the employee.
7. The employee must complete the Catastrophic Illness Donation Request Form and submit the form to the employee’s Department Director and City Manager for signature. The Human Resources Director will certify that the employee is eligible to participate in the catastrophic leave donation program.
Donor Employee Eligibility -
1. The employee must have an accrued vacation leave balance of at least forty (40) hours after the donation of vacation time. Employees may donate all of their compensatory time.
2. The employee must complete the Catastrophic Illness Donation Form.
Conditions for Making Leave Donations -
1. Donations must be in whole hours and the amount of hours an employee wishes to donate shall be at his/her own discretion on the condition the employee meets the leave balance minimums.
2. Donor names will be kept confidential.
3. All time donated will be credited on an hour-for-hour basis, regardless of hourly pay differentials between donating employee and recipient.
4. All donations shall be voluntary and at the discretion of the donor employee and once processed are irrevocable once leave hours are transferred to the recipient.
How to Apply for or Donate Leave -
1. An employee who qualifies for catastrophic illness leave shall complete the Catastrophic Illness Donation Request Form and submit it to the Department Director who shall, in conjunction with the City Manager and Human Resources Director, review it for approval or denial.
2. Upon approval, donor employees shall complete the Catastrophic Illness Donation Form indicating a willingness to donate vacation leave, sick leave or compensatory time and the amount of said time to be donated. The completed form should then be forwarded to payroll.
3. Subsequent to the receipt of the leave donation forms and the determination of the total hours donated, Payroll shall credit the recipient employee’s sick leave balance on a biweekly payroll basis. An employee who is receiving catastrophic illness leave donated by other employees shall be allowed to accrue vacation and sick leave while in that status; however, all accrued leave shall first be used prior to the use of donated leave time.
4. Donations not used by recipient will be returned to donors proportionately.
Solicitation of Donations - Human Resources will notify City employees that the recipient employee is eligible to receive voluntary donations of accrued vacation, sick and compensatory time. Human Resources will not release any medical information regarding the recipient employee or his or her family member.
Contact Information - Questions about Catastrophic Leave should be directed to Human Resources.
Jury Duty
Payment for jury duty service will be limited to ten (10) days. If an employee is assigned to a trial within the first ten (10) days of jury service, the employee’s time to complete the trial will be paid by the City.
ARTICLE 17
INJURY-ON-DUTY
City employees must immediately report on-the-job injuries to their supervisor. The City shall conform to Workers’ Compensation Law of the State of California in effect at the time of injury. Employees may receive information on Workers’ Compensation Procedures from the Human Resources Department.
When a waiting period is required in order to begin Workers’ Compensation benefits, an injured worker may use available accrued leave time. The day of the employee’s injury shall be compensated by the City at the employee’s normal rate of pay. Following the waiting period, an injured worker on total temporary disability will receive the State mandated Worker’s Compensation rate, the employee shall make up the difference between the State mandated rate and her/his base pay by utilizing available leave time.
If an injured worker has exhausted all available leave, continues to receive Workers’ Compensation benefits and is medically unable to return to work, the City shall compensate the injured worker the difference between the State mandated benefit and eighty percent (80%) of the employee’s base pay for a period not to exceed ninety (90) days from the date leave is exhausted.
ARTICLE 18
UNIFORMS
For those full-time employees who are required to wear a City uniform, the City shall pay the costs associated with the provision and maintenance of uniforms. It is the right of the City to determine what constitutes a required uniform. It is understood that where the City provides a uniform, the uniform must be worn while on duty.
City-paid time shall not be used for purchase of uniform equipment.
This policy has been formulated to ensure that uniformed City employees display a professional appearance at all times. It is the joint responsibility of all Department Directors, Supervisors, Coordinators and employees to ensure that this policy is maintained and enforced on a consistent basis regardless of Department or Division assignment. A uniform is deemed in compliance when worn in accord with this policy at the beginning of each workday. Allowances will be made for the wear and tear caused by daily work assignments.
a. When a uniform is provided by the City, the City shall pay the costs associated with provision of uniforms. The City shall be responsible for laundering of rented uniforms only. Other than that, the employee shall be responsible for cleaning of uniforms not rented by the City, with the understanding that uniforms must be clean and well-kept at the beginning of each workday. When employment with the City ends, the employee is responsible for returning all uniforms and accessories. b. No logos/insignias of athletic teams, commercial products or companies may be worn at any time. The design of clothing must not interfere with free ease of movement and shall not present a safety hazard. Shirts are to be tucked in, and kept buttoned at all times. It is permissible to keep the top two (2) buttons undone.
City seals or logo patches are not to be used on non-City issued attire.
Any shirt, i.e. undershirt or thermal wear, worn under the City-issued uniform shirt shall only be white in color, no writing or insignias are to be visible, and the sleeve of any undershirt shall not be visible. In the case of thermal wear, off-white or cream color is permitted. The City will make known to employees any discounted rate available on the purchase of cotton undershirts.
Caps are to be worn with the brim forward. During cold or rainy weather, employees may wear own knit caps or similar head gear made of high visibility material for protection from the elements. The knit cap, its color and how it is worn is subject to Supervisor’s discretion as to appropriateness. Logos/insignias on knit caps are not permitted.
c. While in the public right-of-way, and in other areas designated by the supervisor, work orange vests of high visibility material, with reflector tape and City seal, are to be worn over shirts and jackets of employees at all times whose uniform does not include an orange shirt. This same type orange vest may be worn over orange shirts as safety dictates. The color of the work vest is at the discretion of the Director of Public Works and must meet the latest in safety standards set by the Occupational Safety and Health Administration (OSHA).
d. Uniforms may be worn on the way in to work, but shall not be worn in public after work hours. Employees who are provided with lockers will have five (5) minutes at the end of the work day to change from their uniform (shirt, jacket, hat) into their own clothes. Employees who do not have access to lockers will be allowed to wear their uniform only on the trip home. City issued jackets without City seal or logo may be worn home. Employees are not to wear uniforms when attending after hour City-paid classes or training.
e. Supervisors will determine when the replacement of uniform components is necessary. Replacement uniform components will not be issued until employees return their used ones.
f. Lost pieces of a uniform shall be replaced at the employee’s expense via payroll deduction. However, the City shall provide a onetime free replacement for a lost hat. Uniforms being returned by Cintas (uniform company) to the cage area at the City Yard will be kept locked until the end of the workday. Employees are responsible for immediately reporting to their Supervisor any uniform pieces that are not returned from Cintas.
g. Any employee arriving at work in non-compliance with the Uniform Policy shall be sent home, on his/her own time, to change into appropriate attire. Further violations could result in disciplinary action.
h. Deviation from this policy will be permitted only on a case-by-case basis with Department Director approval.
The following section outlines the uniform requirements for specified classifications:
Public Works Department
Field personnel – City-issued brown pants, long and short sleeved polyester orange shirts; short sleeved one hundred percent (100%) cotton orange shirts; orange jacket with name patch, yellow fleece jacket with reflective stripes; brown baseball style cap with City logo and straw hats. Hats other than the brown cap are allowed for City verified medical reasons only. Accessory items include City issued safety gloves, goggles, reflector vest of high visibility material, and rain gear (slicker, pants and boots). Ear protection, coveralls and back support will be provided as needed as determined by the Supervisor.
Customer Service/Water Division, Public Works Inspector– City-issued brown pants; tan short and long sleeved polyester button shirts; tan one hundred percent (100%) cotton short-sleeved shirts; orange jacket with name patch; yellow fleece jacket with reflective stripes, brown baseball style cap with City logo. Hats other than the brown cap are allowed for City verified medical reasons only. Accessory items include City issued safety gloves, goggles, reflector vest of high visibility material, rain gear (slicker, pants and boots). Ear protection and back support will be provided as needed as determined by the Supervisor.
Building Inspectors –Khaki pants, polo shirts of various colors with City logo, long sleeve button shirts with City logo, sweater and windbreaker with City logo. Hard hats and belts are allowed as approved by the Director of Community & Economic Development. Accessory items are rain gear (slicker, pants and boots). Safety gloves, goggles, orange reflector vests, back support and ear protection will be provided as needed as determined by the Supervisor.
Community and Economic Development Department
Parking Enforcement Officers –Navy blue pants; light blue short and long sleeved shirts; navy blue, quilted jackets; navy blue baseball caps and navy blue visors with City logo; and waterproof boots. Waterproof boots will be replaced with Supervisor approval. Accessory items include a slicker, safety gloves, goggles, ear protection, back support and an orange reflector vest to be issued as needed as determined by the Supervisor. Employees may wear their own windbreakers of a solid navy color, subject to Supervisor’s approval.
Code Enforcement Officers and Building Inspectors –Khaki pants, polo shirts of various colors with City logo, long sleeve button shirts with City logo, sweater and windbreaker with City logo. Hard hats and belts are allowed as approved by the Director of Community and Economic Development. Accessory items are rain gear (slicker, pants and boots). Safety gloves, goggles, orange reflector vests, back support and ear protection will be provided as needed as determined by the Supervisor.
Foot Wear Allowance
The City agrees to provide protective footwear and/or footwear accessories to the following personnel: Public Works Field Operations, Parking Enforcement Officers, Neighborhood Improvement Officers, and Building Inspectors with the exception of the following: Office Staff, and Crossing Guards.
Employees who use the protective footwear shall receive a maximum of two (2) pairs of footwear per year every six (6) months, beginning with each employee’s anniversary date.
The footwear purchased must comply with safety standards in conformance with CALOSHA regulations for personal protective footwear and be appropriate for use in field operations.
The maximum amount payable by the City for a single pair of work shoes and/or footwear accessories is two hundred dollars ($200) per pair. Any employee issued protective footwear shall wear such shoes at all times during work hours.
ARTICLE 19
JOINT LABOR-MANAGEMENT COMMITTEE
The City and Union may, from time-to-time, create a Joint Labor-Management (JLM) Committee. The purpose of the Committee will be to discuss issues of concern to both the Union and the City which do not relate to modification(s) of the MOU and the Committee will meet as needed by mutual agreement of the parties.
During the term of this memorandum of understanding, the parties agree to form one or more committee(s) to discuss relevant issues. All actions taken or recommended by the JLM are non-binding unless otherwise specified in a written agreement which has been approved by an authorized SEIU 721 staff member. The parties shall mutually agree to the format of the JLM committee(s).
ARTICLE 20
SAFETY COMMITTEE
The City recognizes its statutory obligations to provide a reasonably safe working environment. The Union likewise recognizes the obligation of its members to properly utilize City-provided equipment in the performance of duties and to observe all injury prevention rules and regulations adopted by the City. It is the duty of unit members and/or stewards to promptly report perceived unsafe working conditions to an immediate supervisor, with the immediate supervisor then having a duty to bring the employees’ stated concerns to the attention of an individual having authority to remedy any actual hazardous condition of employment.
The City shall utilize reasonable measures to provide appropriate training to unit members in order to allow for safe operation of tools and equipment by the affected unit members.
Management shall not knowingly require an employee to perform an assignment for which reasonable training and/or safety equipment have not been provided.
The Safety Committee shall consist of a cross section of employees from various jobs and departments from within the City. Human Resources and Risk Management shall facilitate the activities of the Safety Committee and will meet monthly or sooner if needed to establish health and safety guidelines ensuring safety practices meet industry standards and guidelines. The safety committee shall, among other appropriate subjects, analyze industrial accidents and near-accidents occurring during the preceding quarter.
The analysis shall address and result in recommendations to management for improvements/modifications to: 1) equipment, 2) training, 3) safety-related staffing and 4) other matters relevant to the creation and preservation of a reasonably safe working environment.
ARTICLE 21
UNION BUSINESS
Union Bank of Hours
The City agrees to maintain a bank of hours available for union activity at one hundred (100) hours per fiscal year (July 1 through June 30). A formal notification shall be given to the Human Resources Department on July 1 of each year of the names of duly appointed union representatives and at any time thereafter when an addition or deletion of the list is made.
Those items charged to the Bank of Hours shall be routine Union business, including grievances and appeal hearings. An appropriate pay code shall be used on employee timesheets to indicate hours chargeable to the Bank of Hours.
Union business not charged to the Bank of Hours shall be tracked for time spent in these activities: MOU negotiations and Meet and Confers. Employees engaged in these activities shall use the appropriate designated pay code on timesheets to indicate Union activity.
Union shall provide City with a tentative list of trainings at the beginning of each fiscal year. Union shall inform City of training no less than fourteen (14) days prior to training date. No more than one (1) Shop Steward from each department and no more than three (3) Shop Stewards total City-wide shall attend a training or Union event at any given time.
Only the Chief Steward shall attend a training or Union event for more than one (1) consecutive business day.
Procedure for Use of Union Bank Hours
1. Three (3) days prior, or within a reasonable amount of time, the Union Steward must notify, in writing, the Human Resources Department and the Department Director of each department that will have employees in attendance of the time, location and approximate duration of the Union meeting.
2. The Human Resources Department will be responsible for maintaining the count of all hours used.
3. The Department Director/Supervisor shall retain discretion in permitting, denying or delaying leave for said business given workload or work scheduling conflicts. No request shall be unreasonably denied.
Provision of Unit Membership List
Upon request by the Union, the City shall provide unit representatives with a list consisting of:
a. Name of each unit member
b. Each unit member’s class title, work location and last known residence address Use of City Facilities
City-owned and/or operated properties/facilities shall be made available to the Union for conduct of membership meetings so long as reasonable advance notice of such request is provided to the Human Resources Department. Any such request to utilize City facilities shall state the exact purpose of the meeting which shall be conducted at the City facility. The City facility shall not be utilized for fund-raising purposes, for political presentations by elected officials or candidates for offices in local, state or federal government.
To the extent, if any, that the City requires proof of insurance, monetary deposits and/or other payments of set-up and knock-down costs when making facilities available to the public in general, those same duties and obligations shall be borne by the Union.
Bulletin Boards
The City shall make reasonable wall-space available for reasonable placement by the Union of Union-supplied bulletin boards. One such bulletin board shall be situated at City Hall, in the Public Works Department, and at any additional recognized work site that is separate and distinct from City Hall. The bulletin boards shall be placed in a location not accessible or visible to the general public. There shall be no posting on the bulletin board of materials which constitute personal attacks upon City employees of any classification.
ARTICLE 22
GRIEVANCE AND APPEALS PROCEDURE
GRIEVANCE PROCEDURE
Section 1: Definitions
A grievance is defined as any dispute concerning the interpretation or application of the MOU, the Personnel Rules and Regulations, City policies, governmental regulations, or departmental rules and regulations governing personnel practices or working conditions applicable to permanent employees covered by the MOU.
The general purpose of the grievance procedure is to resolve disputes, differences of opinions, and interpretations informally at the earliest point possible.
The grievance procedure is not intended to be used for:
a. challenges to the agreed upon outcome of a Meet and Confer process; b. cases of reduction in pay, demotion, suspensions, or termination resulting from disciplinary action.
A grievant is an employee or group of employees adversely affected by an act or omission of the employer. Information regarding Disciplinary Actions, both Minor and Major, can be found in Article XVI of these Rules & Regulations.
Nothing in this grievance procedure shall be construed as applying to matters for which an administrative remedy is otherwise provided for by the City Personnel Rules and Regulations.
Section 2: Rights and Responsibilities
At Steps 2, 3 and 4 as found in Section 4, the grievant may be represented by him/herself, the Union, and an attorney or one representative of the grievant's choice. If the representative is a fellow employee, that employee will receive time off from his or her work assignment for only the time of the grievance meeting or hearing. Within one day prior to the grievance meeting, the employee shall inform the party hearing the grievance of whether he or she shall be represented at the grievance meeting and shall identify the representative.
No immediate family member or City employee who is a family member shall represent another family member in a disciplinary investigation, grievance procedure or appeal.
When necessary, employee may have more than one (1) representative per division of a department.
The time limits between steps of the grievance procedure provided herein may be extended by mutual agreement. The employee and management may waive one or more levels of review from this grievance procedure, again by mutual agreement.
Section 3: Specifics of the Grievance
In filing a grievance, the employee should set forth the following information; said information must be submitted in writing beginning with Step 2:
a) the specific section of the MOU, Rules and Regulations, City policies or law allegedly violated, misinterpreted or misapplied;
b) the specific act or omission which gave rise to this alleged violation, misinterpretation or misapplication;
c) the date or dates on which the violation, misinterpretation or misapplication occurred;
d) documents, witnesses or other evidence supporting your position; and e) the remedy requested.
Section 4: Procedure
An employee who wishes to file a grievance must do so within ten calendar days of when the employee became aware of the circumstances that gave rise to a grievance.
Step 1. First Level of Review
Informal: The employee shall first discuss the grievance with the immediate management supervisor on an informal basis in an effort to resolve the grievance. Said grievance shall be considered waived if not so presented to the immediate management supervisor within ten calendar days following the day when the event upon which the grievance is based occurred.
Formal: The immediate management supervisor may require that the employee submit the grievance in writing. Similar grievances submitted by more than one employee may be consolidated by management into one or more separate grievances.
The immediate management supervisor shall respond in writing within seven calendar days following the meeting with the employee. Failure to respond within such time limit shall entitle the employee to process the grievance at the next step.
Step 2. Second Level of Review
If the grievance is not settled at Step 1, the employee may proceed to Step 2 by serving a written notice of the grievance on a form provided by management to the Department Head, within five calendar days of receipt of the grievance response at Step 1. Failure of the employee to serve such written notice shall constitute a waiver of the grievance. If such written notice is served, the Department Head may meet with the employee and a written decision or statement of facts and issues shall be rendered to the employee and representative of the employee's choice, if any, within ten calendar days from the date of service. Failure of management to respond within such time limit shall entitle the employee to process the grievance at the next level of review.
Step 3. Mediation As Optional Dispute Resolution.
If a grievance is not resolved after review by the Department Head, the Union and the City may agree to submit the matter to a neutral third party for resolution. If either party wishes to exercise this option, they shall make the request within 5 calendar days of the Department Head's response. If the parties mutually agree to use this option they shall meet within 10 calendar days to request a mediator from the State Board of Mediation or as soon as a meeting can be scheduled.
Step 4. Third Level of Review
If the grievance is not settled at Step 2 or Step 3, the employee may proceed to Step 4 by serving written notice of the grievance to the City Manager within five calendar days following receipt of the grievance response at Step 2 or Step
3. Failure of the employee to serve such notice shall constitute a waiver of the grievance. If such notice is served, the grievance shall be reviewed by the City Manager or that person's designee within ten calendar days. The City Manager or designee may afford the parties an opportunity to present oral or written arguments on the merits of the grievance and shall render to the employee and representative of the employee's choice, if any, a written decision within ten calendar days from the date said arguments were submitted. The decision of the City Manager shall be final.
ARTICLE 23
MAINTENANCE OF MEMBERSHIP
City agrees that SEIU Local 721 may institute a Maintenance of Membership Agreement with employees in represented classifications.
Said Agreement shall give notice and set forth in writing that there shall be one period of thirty (30) days from June 1 to June 30 annually when an employee may withdraw his/her membership for the Union. However, any employee in a represented classification that wishes to, may join the Union at any time during the year. Employees must be notified in writing that enrolling in the Union commits them to membership and payment of dues until the end of that current fiscal year.
The Union agrees to indemnify and hold the City harmless against all liabilities arising from any and all claims, demands, suits, or other actions relating to the City’s implementation of either this Article or request of the Union pursuant to this article, or relating to the conduct of the Union in administering this Article. The Union shall have the right to determine and decide all matters relating to settlement and conduct of litigation with respect to this Article. In no case shall City funds be involved in any remedy relating to this Article.
Dues Deduction
Each pay period, the City shall send to the Union a list of all employees in the bargaining unit including: each employee’s first name, middle initial, last name; employee identification number; residential address; worksite address and specific work location (if different from worksite address); work and personal email address (if available); work phone number; personal cell phone number (if available); employee hire date; employee job classification; employment status (ex: active, unpaid leave of absence, etc.); work status (ex: full time, part time, hourly, seasonal, etc.); annual base salary amount; base salary earned per pay period; hourly rate; salary step (if applicable); and total hours worked in the pay period. This information shall be sent in Excel format to [email protected] within thirty (30) business days of each payday.
Each pay period, the Union shall provide the City with an “authorized deduction report” which includes bargaining unit members who have authorized the deduction of Union dues, COPE amounts and other deductions and the deduction amounts. The City shall make the dues and other applicable deductions from the employees’ paychecks and remit such itemized deductions to the Union via Electronic Funds Transfer (EFT) within thirty (30) business days of each payday. The City shall also provide the breakdown of each amount remitted (i.e. Dues, COPE, Supplementary Benefits, etc.) in Excel format to [email protected] within thirty (30) business days of each payday.
Committee on Political Education (COPE)
Employees may make voluntary contributions to the Union’s registered political action committees. The City shall make the deduction of the voluntary contributions in the same manner as the dues deduction process.
Every pay period the Union will notify the City with a list of employees and the appropriate deduction amount on the “authorized deduction report” of the employees who have signed an authorization for the COPE deduction.
Employees may discontinue voluntary political deductions by providing notice of cancellation to the Union and the Union shall transmit such notice of cancellation to the City’s by the next full pay period cycle.
Service Employees International Union Local 721 shall indemnify and hold the City, its officers and employees, harmless from any and all claims, demands, suits, or any other action arising from the provisions herein.
ARTICLE 24
MANAGEMENT RIGHTS
The City and Union agree that the City retain and have the exclusive decision-making authority to manage municipal services and the work force performing those services in accord with existing law and provisions of the established Memorandum of Understanding. The Union further agrees that the City has, except as expressly and lawfully restricted by specific provisions of the MOU, the exclusive decision-making authority to:
1. Determine and modify the organization of City government and its constituent work units.
2. Determine the nature, standards, levels and mode of delivery of services to be offered to the public.
3. Determine the methods, means, and the numbers and kinds of personnel by which services are to be provided.
4. Determine whether goods or services shall be made, purchased or contracted for.
5. No bargaining unit employee shall be laid off, demoted or suffer loss of pay or benefits as a result of the contracting out of work. The parties agree to meet and confer as required by law on matters relating to wages, hours or working conditions. Said provisions will apply except for contracts required by bona fide emergencies.
6. Direct employees, including scheduling and assigning work and overtime.
7. Establish employee performance standards and require compliance therewith.
8. Discharge, suspend, demote, reduce in pay, reprimand, withhold salary increases and benefits, or otherwise discipline employees subject to the requirements of applicable law.
9. Relieve employees from duty because of lack of work or lack of funds or for other legitimate reasons.
10.Implement rules, regulations and directives consistent with law and the specific provisions of the MOU.
11.Take all necessary actions to protect the public and carry out its mission in emergencies.
Should the exercise of these management rights impact employees’ wage, hours or working conditions, City agrees to meet and confer with Union pursuant to State law.
Except as provided or within the City’s Personnel Rules and Regulations and the existing and effective M.O.U., decisions under this article shall not be subject to the Grievance or Appeal Procedures enumerated in the City’s Personnel Rules and Regulations.
Section 1 - Performance Levels
a. The Union recognizes the City’s right to establish and/or revise performance standard or norms, notwithstanding the existence of prior performance levels, norms or standards. Such standards, developed by usual work measurement procedures, may be used to determine acceptable performance levels, prepare work schedules, and to measure the performance of each employee or group of employees.
b. Employees who work at less than acceptable levels of performance may be subject to disciplinary measure in accordance with the applicable law.
Section 2 - Supervisory Responsibility
The Union recognizes the City’s right to establish and/or revise standards for supervisory responsibility in achieving and maintaining performance levels of supervised employees for employees in supervisory positions.
Section 3 - Waiver
Nothing contained herein will be construed as a waiver of the City obligation to meet and confer with the Union on any subject within the scope of the Meyers-Millias-Brown Act.
ARTICLE 25
SEVERABILITY
If an article, section, position or portion thereof contained in the Memorandum of Understanding or application thereof to any person or circumstance is held to be unconstitutional, invalid by operation of law, or by any tribunal or office of competent jurisdiction, or if compliance with or enforcement of any article or section should be restrained by tribunal or office, the remainder of the Memorandum of Understanding and application of such provisions or portion thereof, to other persons or circumstances, shall be deemed severable, shall not be affected, and shall remain in full force and effect.
Furthermore, the City and the Union shall enter into immediate negotiations for the purpose of arriving at a mutually satisfactory replacement of such article, section, position or portion.
ARTICLE 26
MISCELLANEOUS
Mandatory Drug Testing For New Employees
City and Union agree that all new hires shall be required to participate in mandatory drug testing as part of the employee eligibility process, at the time of the post-offer physical examination.
Last Chance Agreements
Management reserves the right to utilize Last Chance Agreements when warranted.
Examples of conditions when such an Agreement may be utilized include the following:
1) When there has been an egregious violation of City Rules and Regulations or Policies; 2) As a final effort, before termination, to assist an employee in improving his performance; 3) in cases of substance abuse i.e. drugs or alcohol.
Each Last Chance Agreement will be considered on a case by case basis. However, unless otherwise stipulated in the Agreement, the duration of a Last Chance agreement shall not exceed three (3) years, which in all cases shall be the maximum.
Direct Deposit
City and Union agree that all current and new employees will be paid through direct deposit.
ARTICLE 27
TERM AND EFFECT
It is understood and agreed that this agreement shall not become effective for any purpose or be binding on either party until approved by the City Council and the bargaining unit membership, and nothing herein shall be construed as obligating the City Council to approve in whole or in part. If the City Council approves in full, then this agreement shall become effective July 1, 2021. The Memorandum of Understanding constitutes and includes all negotiations, compromises, and representations made by either party; and both parties acknowledge that each has met and conferred in good faith in negotiations to this point.
ARTICLE 28
NEW EMPLOYEE ORIENTATION
Representatives of Union shall be permitted to make a presentation of up to thirty (30) minutes, and present written materials, during a portion of the orientation for which attendance is mandatory. No representative of management shall be present during the Union's presentation. Release time shall be granted for stewards to participate in the new employee orientations. “New hires" shall be defined to include any employee new to SEIU 721, including, but not limited to, through accretion or promotion/demotion. The City shall include in their new hire packet and distribute at the new employee orientations: the current Union membership and COPE forms, access to the Memorandum of Understanding (MOU) and the contact information of the Union Representative.
IN WITNESS THEREOF, the parties hereto have caused this Memorandum of Understanding to be executed this _____ day of ____________,
FOR THE CITY FOR THE UNION
______________________________ ______________________________ Steve Carmona Kristin Eldridge
City Manager SEIU Local 721 Negotiator
______________________________ ______________________________ Angelina Garcia Rudy Guevara
Assistant City Manager SEIU Local 721 Representative
_______________________________ ___________________________ George Rivera
Chapter President
______________________________
Bargaining Committee Member
Bargaining Committee Member
______________________________
Bargaining Committee Member
______________________________
Victor Ramos
Bargaining Committee Member
______________________________
Bargaining Committee Member
______________________________
Raymond Uribe
Bargaining Committee Member
Appendix A
Classifications
Account Clerk I
Account Clerk II
Account Clerk III
Accountant I
Accountant II
Accountant III
Administrative Clerk
Administrative Secretary
Assistant Engineer
Assistant Planner
Associate Engineer
Building Inspector
Building Permit Technician
Cashier
Counter Services Representative
Custodian
Customer Service Representative
Data Entry Computer Operator
Data Processing Assistant
Digital and Media Assistant
Duplicating Equipment Operator
Engineering Drafting Technician
Equipment Mechanic I
Equipment Mechanic II
Equipment Mechanic III
Facilities Maintenance Worker I
Facilities Maintenance Worker II
Facilities Maintenance Worker III
Housing Programs Specialist
Maintenance Worker I
Maintenance Worker II
Maintenance Worker III/Crew Leader
Maintenance Worker
Neighborhood Improvement Officer
Parking Enforcement Officer
Personnel Assistant
Appendix A
Classifications (Continued)
Plan Checker
Planning Technician
Public Works Inspector
Public Works Programs Inspector
Revenue Collections Assistant
Secretary
Water Systems Operator I
Water Systems Operator II
Water Systems Operator III
Appendix B
Salary Schedule
2021-2022
CLASSIFICATION STEP STEP STEP STEP STEP
A B C D E
Account Clerk I 4,036 4,238 4,450 4,673 4,907
Account Clerk II 4,325 4,542 4,769 5,008 5,258
Account Clerk III 4,534 4,761 4,999 5,249 5,511
Accountant I 5,283 5,547 5,825 6,116 6,422
Accountant II 5,827 6,118 6,425 6,745 7,083
Accountant III 6,738 7,075 7,429 7,800 8,190
Administrative Clerk 4,002 4,202 4,412 4,633 4,864
Administrative Secretary 4,944 5,192 5,451 5,723 6,010
Assistant Engineer 7,021 7,373 7,741 8,128 8,534
Assistant Planner 6,341 6,658 6,991 7,340 7,707
Associate Engineer 8,164 8,572 9,000 9,450 9,923
Building Inspector 6,029 6,330 6,647 6,979 7,328
Building Permit Technician 4,525 4,752 4,990 5,238 5,501 Cashier 4,241 4,452 4,676 4,909 5,154
Counter Services Representative 5,311 5,576 5,855 6,148 6,455 Custodian 3,926 4,122 4,328 4,545 4,772
Customer Service Rep. 5,075 5,329 5,595 5,875 6,168
Data Entry Computer Operator 3,712 3,897 4,091 4,296 4,512 Data Processing Assistant 5,446 5,719 6,004 6,304 6,620 Appendix B
Salary Schedule
2021-2022
CLASSIFICATION STEP STEP STEP STEP STEP
A B C D E
Digital and Media Assistant 4,479 4,704 4,940 5,138 5,394 Duplicating Equipment Operator 4,297 4,512 4,737 4,974 5,223 Engineering Drafting Technician 5,222 5,483 5,757 6,044 6,347 Equipment Mechanic I 4,371 4,591 4,819 5,061 5,313
Equipment Mechanic II 4,876 5,119 5,375 5,643 5,926
Equipment Mechanic III 5,362 5,631 5,912 6,208 6,519
Facilities Maintenance Worker I 4,040 4,243 4,455 4,678 4,912 Facilities Maintenance Worker II 4,487 4,711 4,946 5,194 5,454 Facilities Maintenance Worker III 5,181 5,440 5,713 5,999 6,298 Housing Programs Specialist 5,331 5,597 5,877 6,171 6,480 Maintenance Worker I 3,856 4,050 4,252 4,465 4,687
Maintenance Worker II 4,464 4,688 4,922 5,168 5,415
Maintenance III/Crew Leader 4,911 5,156 5,414 5,686 5,970 Maintenance Worker 3,856 4,050 4,252 4,465 4,687
Neighborhood Improvement Officer 5,467 5,741 6,028 6,329 6,646 Parking Enforcement Officer 4,309 4,524 4,750 4,988 5,236 Personnel Assistant 4,668 4,902 5,146 5,404 5,674
Plan Checker 6,830 7,172 7,530 7,907 8,302
Planning Technician 5,311 5,576 5,855 6,148 6,455
Public Works Inspector 6,179 6,488 6,812 7,152 7,510
Public Works Programs Inspector 6,179 6,488 6,812 7,152 7,510 Appendix B
Salary Schedule
2021-2022
CLASSIFICATION STEP STEP STEP STEP STEP
A B C D E
Revenue Collections Assistant
4,996
5,246
5,508
5,783
6,073
Secretary
4,746
4,983
5,232
5,493
5,768
Water Systems Operator I
4,432
4,654
4,886
5,130
5,387
Water Systems Operator II
4,824
5,065
5,318
5,584
5,862
Water Systems Operator III
5,315
5,581
5,860
6,153
6,460
SIDE LETTER OF AGREEMENT #9
BETWEEN
CITY OF PICO RIVERA
And
SERVICE EMPLOYEES INTERNATIONAL
UNION LOCAL 721, UNIT
This Side Letter of Agreement (“Agreement”) between the City of Pico Rivera (“City”) and the Service Employees International Union Local 721 Unit (“SEIU”) (collectively “Parties”) is entered into with respect to the following:
WHEREAS, the City of Pico Rivera and the City’s recognized bargaining units implemented CalPERS normal cost sharing for Full-Time Tier I Employees in the 2015- 2017 Memorandum of Understanding
WHEREAS, three Tier I employees were excluded from the 2-15-2017 normal cost sharing
WHEREAS, it was and is the intention of the parties to have consistent and standard normal cost sharing for all CalPERS members, and to eliminate all Employer Paid Member Contributions (EPMC) in a manner that is offset.
NOW THEREFORE, the Parties agree as follows:
1. Effective as soon as practical after City Council approval, the City and SEIU agree as follows:
a. Article 5, “Salaries”, CalPERS Cost Sharing
Effective as soon as practical after final ratification of this agreement by the City Council, all employees who are Tier I retirement benefit employees as defined by the CalPERS contract and PEPRA (Full-Time Employees hired on or before June 30, 2012) shall pay the total normal cost for their CalPERS pension benefit, as determined by CalPERS valuations, up to a total employee contribution of 8.0%. Said employee pickup shall be deducted on a deferred compensation basis.
Effective the same date, all employee CalPERS contributions towards the 8% normal cost will be offset through an increase in the employees base wage. For example, if an employee contributes an additional 4% to the CalPERS normal cost, that employee will receive a 4% base raise at the same time.
TO EFFECTUATE THIS AGREEMENT, The Parties have caused their duly authorized representative to execute this Agreement on the date set forth below.
FOR THE CITY: FOR THE UNION:
Angelina Garcia
Interim Director of Human Resources Negotiator
Date: Date: _________________________
Dr. Monica Sánchez
Mayor
Date:
ATTEST: APPROVED AS TO FORM:
Anna M. Jerome, City Clark Arnold M. Alvarez-Glasman, City Attorney SIDE LETTER OF AGREEMENT #10
BETWEEN
CITY OF PICO RIVERA
And
SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 721, FULL-TIME EMPLOYEE BARGAINING UNIT
WHEREAS, the City of Pico Rivera (“CITY”) and the Service Employees International Union Local 721 Full-Time Bargaining Unit (“SEIU”) were parties to a Memorandum of Understanding (“MOU”) that went into effect from July 1, 2021 to June 30, 2024.
WHEREAS, the CITY and SEIU have met and conferred regarding a successor MOU; WHEREAS, the CITY and SEIU have agreed to delete Article 6, Creation of Maintenance Worker III Classification;
NOW THEREFORE, the Parties agree as follows:
1. Relevant deleted language of the former Article 6, Creation of Maintenance Worker III Classification, shall be incorporated into a new job description for Maintenance Worker III
2. The parties shall meet and confer within ninety (90) day after the ratification of the MOU to create the job classification
FOR THE CITY:
Date
Date
FOR THE UNION:
Kristin Eldridge
Chief Negotiator
Date
SIDE LETTER OF AGREEMENT #11
BETWEEN
CITY OF PICO RIVERA
And
SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 721, FULL-TIME EMPLOYEE BARGAINING UNIT
WHEREAS, the City of Pico Rivera (“CITY”) and the Service Employees International Union Local 721 Full-Time Bargaining Unit (“SEIU”) were parties to a Memorandum of Understanding (“MOU”) that went into effect from July 1, 2021 to June 30, 2024.
WHEREAS, the CITY and SEIU have met and conferred regarding a successor MOU; WHEREAS, the CITY and SEIU shall conduct a Class and Compensation Study during the term of this agreement;
WHEREAS, the City and SEIU have agreed to the agencies for the Class and Compensation Study;
WHEREAS, the City and SEIU have agreed to a list of classifications (below) have recruitment and retention issues;
WHERAS, the City and SEIU have agreed that other classifications and/or agencies may be added to the list(s) below with notification;
NOW THEREFORE, the Parties agree as follows:
1. During the term of this agreement, the City may elect to conduct a class and compensation study. The parties agree to meet and confer over the results of the study. Under no circumstance shall any class and compensation study result in a reduction of salary, a reduction in total filled positions or the forgoing of scheduled across the board general salary increases.
2. In no way will an employee be adversely impacted by the implementation of the class and compensation study.
3. Recruitment and Retention troubleshooting: the City and the Union will agree on a methodology to conduct a market study on City classification total compensation rates and internal recruitment and retention rates. Classifications that are found to be below market and that have a recruitment and retention deficiency will be eligible for market increases that will not trigger across the board “me too” language.
4. The City agrees any salary increases due to this study, shall not create any salary compaction.
5. The City and the Union agree to the following cities for the Class and Compensation Study:
a. South Gate
b. Whittier
c. Bellflower
d. Monterrey Park
e. Bell Gardens
f. Montebello
g. Downey
h. El Monte
i. Norwalk
j. Santa Fe Springs
a. The City and the Union agree the following classifications have Recruitment/Retention issues:
a. Accountant 1
b. Water Systems Operators – I, II & III
c. Planner
d. Planning Manager (Principal Planner)
e. Maintenance Worker I, II & III
f. Executive Management
g. Parking Enforcement Officers
h. Facility Maintenance Workers – I, II & III
i. Coordinator (Media)
j. Utilities Manager
FOR THE CITY:
Date
Date
FOR THE UNION:
Kristin Eldridge
Chief Negotiator
Date
SIDE LETTER OF AGREEMENT #12
BETWEEN
CITY OF PICO RIVERA
And
SERVICE EMPLOYEES INTERNATIONAL UNION
LOCAL 721, FULL-TIME EMPLOYEE BARGAINING UNIT
WHEREAS, the City of Pico Rivera (“CITY”) and the Service Employees International Union Local 721 Full-Time Bargaining Unit (“SEIU”) were parties to a Memorandum of Understanding (“MOU”) that went into effect from July 1, 2021 to June 30, 2024.
WHEREAS, the CITY and SEIU have met and conferred regarding a successor MOU; WHEREAS, during negotiations SEIU proposed to add a section regarding “Continuation of Benefits – Workplace Injury,” that would require that the City continue to fund the medical insurance of an employee who enters an unpaid status for workplace injury for one year.
Further, SEIU proposed that employees negatively impacted by the City’s decision to stop funding medical insurance in the past three years shall be made whole.
WHEREAS, the City was not willing to agree to SEIU’s proposal regarding “Continuation of Benefits – Workplace Injury.” Thus, this section was not incorporated into the MOU.
NOW THEREFORE, the Parties agree as follows:
1. The parties shall meet and confer within ninety (90) day after the ratification of the most recent MOU to discuss SEIU’s proposal regarding “Continuation of Benefits – Workplace Injury.” However, regardless of the outcome of the meet and confer session(s) on this topic, the City will not be required to adopt SEIU’s previously proposed language.
FOR THE CITY:
Date
Date
FOR THE UNION:
Kristin Eldridge
Chief Negotiator
Date
ENCLOSURE 2
CITY OF PICO RIVERA
SALARY SURVEY
6/30/2021
Min Mean Max Min Mean Max
Pico Rivera (Monthly): $5,080 $5,628 $6,175 $4,262 $4,721 $5,180 Average of 10 Cities (Monthly) $5,550 $6,203 $6,856 $4,222 $4,725 $5,228 Annual $66,595 $74,435 $82,274 $50,660 $56,697 $62,735
Proposed 6/30/21 Salary
Schedule: $5,641 $6,856 $4,222 $5,228
By Step: $5,641 Step A $4,301 Step A
$5,923 Step B $4,516 Step B
$6,219 Step C $4,742 Step C
$6,530 Step D $4,979 Step D
$6,856 Step E $5,228 Step E
Accountant I Water Systems Operator
Note, SEIU Local 721 Full-Time
Member Salary Schedules contain
Steps A-E. For those positions
requiring a salary increase resulting
from this survey, the proposed
salary schedule was calculated by
using the "Max" salary for each
respective position as Step E, and
calculating the remaining salaries
based off of a 5% difference
between categories. This ensures
that no one position's Step A
results in a reduction.
1 OF 3
19b
CITY OF PICO RIVERA
SALARY SURVEY
6/30/2021
Pico Rivera (Monthly):
Average of 10 Cities (Monthly)
Annual
Proposed 6/30/21 Salary
Schedule:
By Step:
Note, SEIU Local 721 Full-Time
Member Salary Schedules contain
Steps A-E. For those positions
requiring a salary increase resulting
from this survey, the proposed
salary schedule was calculated by
using the "Max" salary for each
respective position as Step E, and
calculating the remaining salaries
based off of a 5% difference
between categories. This ensures
that no one position's Step A
results in a reduction.
Min Mean Max Min Mean Max Min Mean Max
$3,600 $3,988 $4,376 $4,292 $4,750 $5,207 $4,722 $5,231 $5,740 $3,719 $4,186 $4,653 $4,218 $4,708 $5,199 $4,909 $5,463 $6,018 $44,632 $50,235 $55,839 $50,617 $56,500 $62,382 $58,902 $65,561 $72,220 $3,828 $4,653 $4,951 $6,018
$3,828 Step A $4,951 Step A
$4,020 Step B $5,199 Step B
$4,221 Step C $5,459 Step C
$4,432 Step D $5,732 Step D
$4,653 Step E $6,018 Step E
Pico Rivera Salary higher than
Average. No Adjustments
Needed
Maintenance Worker I Maintenance Worker II Maintenance Worker III 2 OF 3
ENCLOSURE 2
CITY OF PICO RIVERA
SALARY SURVEY
6/30/2021
Pico Rivera (Monthly):
Average of 10 Cities (Monthly)
Annual
Proposed 6/30/21 Salary
Schedule:
By Step:
Note, SEIU Local 721 Full-Time
Member Salary Schedules contain
Steps A-E. For those positions
requiring a salary increase resulting
from this survey, the proposed
salary schedule was calculated by
using the "Max" salary for each
respective position as Step E, and
calculating the remaining salaries
based off of a 5% difference
between categories. This ensures
that no one position's Step A
results in a reduction.
Min Mean Max Min Mean Max Min Mean Max
$3,885 $4,304 $4,723 $4,314 $4,779 $5,244 $4,982 $5,519 $6,056 $3,910 $4,393 $4,876 $4,414 $4,936 $5,457 $4,881 $5,479 $6,078 $46,923 $52,719 $58,515 $52,972 $59,230 $65,488 $58,575 $65,753 $72,930 $4,012 $4,876 $4,490 $5,457 $5,000 $6,078
$4,012 Step A $4,490 Step A $5,000 Step A
$4,212 Step B $4,714 Step B $5,250 Step B
$4,423 Step C $4,950 Step C $5,512 Step C
$4,644 Step D $5,197 Step D $5,788 Step D
$4,876 Step E $5,457 Step E $6,078 Step E
Facilities Maintenance Worker I Facilites Maintenance Worker II Facilites Maintenance Worker III 3 OF 3
ENCLOSURE 2
To: Mayor and City Council
From: City Manager
Meeting Date: September 13, 2022
Subject: APPROVE A MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF PICO RIVERA AND MIDMANAGERS AND PROFESSIONAL AND
CONFIDENTIAL EMPLOYEE ASSOCIATION FOR A
THREE-YEAR TERM, JULY 1, 2021 THROUGH JUNE 30,
2024
Recommendation:
1. Approve a resolution ratifing a Memorandum of Understanding (MOU) between the City of Pico Rivera and the Mid-Managers and Professional and Confidential Employees Association (CEA) for a three-year period (July 1, 2021 - June 30, 2024) (Enclosure 1);
2. Approve the schedules designating the job classifications belonging to the MidManagers and Professional and Confidential Employees Association (Enclosure 2); and
3. Approve the salary schedule effective for the period of July 1, 2021 through June 30, 2024 for the job classifications belonging to the Mid-Managers and Professional and Confidential Employees Association (Enclosure 3).
Fiscal Impact:
The "Discussion" section of this agenda report lists all of the negotiated items updated in the successor Memorandum of Understanding (MOU) should the City Council approve it. Some of the negotiated items have associated costs. Those items having a direct fiscal impact to the City during the term of the MOU (Exhibit A of Attachment 1) are described more fully below. The total estimated three-year cost of this package is $1,996,704.
20 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022
APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PICO RIVERA AND THE MID MANAGERS AND PROFESSIONAL AND CONFIDENTIAL
EMPLOYEE ASSOCIATION
Salaries (Article 5)
The updated MOU includes annual cost of living adjustments (COLA) of 4%, 3% and 3%, which would be effective the first full pay period commencing on or after July 1 of 2021, 2022 and 2023. The estimated three-year cost of this 10.0% salary increase would be approximately $1,687,604. This amount represents the fully burdened cost, taking into account not only higher salaries for the full-time SEIU 721 employees, but also the additional employer PERS costs associated with the higher salaries.
Dental Benefits (Article 12)
The current dental coverage is proposed to be expanded to include a dental plan that covers adult orthodontia and has a benefits cap greater than $1,500 per year. It is estimated that the net fiscal impact of those adjustments totals $1,100 for the three-year period of this agreement
Medical Opt Out Pay (Article 12)
The current "opt out pay" amounts of 80% remain in place for current employees.
However, new incoming employees will receive an “opt-out” amount set at an initial the greater of $200 per month, or the Public Employees’ Medical and Hospital Care Act (PEMHCA) minimum each year (currently $149/month). While it cannot be estimated would be, staff proposed this modification to reduce future health care costs.
Deferred Compensation (Article 13)
The previous MOU contained a City contribution to a deferred compensation plan of $500 per year per employee, with a cap of $40,000. This created some inequity among the group, as once the cap was hit, no other member of this group was eligible to contribute. This benefit is designed to help employees put away additional savings for retirement, by utilizing the 457 program (deferred compensation) offered by the City. By providing a matching amount of up to 1% of the employee’s base salary, this would eliminate the $40,000 cap for the SEIU 721 full-time members group), it is hoped that more employees will participate in the 457 program and begin saving for retirement, thus improving their long-term personal financial standing. It is estimated that the net fiscal impact of those adjustments totals $159,000 for the three-year period of this agreement.
Tuition Reimbursement (Article 13)
The proposal would not have a fiscal impact. However, tuition advancement would no longer be permitted.
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022
APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PICO RIVERA AND THE MID MANAGERS AND PROFESSIONAL AND CONFIDENTIAL
EMPLOYEE ASSOCIATION
Holidays (Article 16)
The City recognizes that on June 19th, 2021, President Biden signed Juneteenth as a national holiday. The proposed MOU includes adding this day as a City-recognized holiday with an estimated three-year fiscal impact of $103,000.
One-Time Incentive Bonus (Article 5)
The updated MOU includes a one-time, non-pensionable, incentive bonus in the amount of $1,000 for eligible employees. Effective the first full pay period following City Council adoption of the MOU, employees within this bargaining unit hired on or before July 1, 2021 shall receive the incentive bonus with an estimated one-time fiscal impact of $46,000.
The total estimated three-year cost of this package is $1,996,704 and includes the items discussed above.
Discussion:
Management began meeting with the full-time employees represented by MidManagers and Professional and Confidential Employees Association in the summer of 2021 in order to discuss a successor MOU to the current one which expired on June 30, 2022 (Attachment 4). Management, the CEA employees, and their representative met to negotiate new MOU terms. Negotiations were successful and both sides agreed to several updates to the MOU.
Management conferred with the City Council in closed session on several occasions throughout the negotiations process (as evidenced in City Minutes) to discuss the negotiations, provide costing estimates, and solicit feedback from the City Council. Direction was provided to management concerning the various negotiated items.
The list of new terms agreed upon between management and the Mid-Managers and Professional and Confidential Employees Association for the subsequent MOU are listed below:
1. Term - 3 Years (July 1, 2021 through June 30, 2024)
2. Salaries - Cost of Living Adjustment ("COLA")
a. 4% COLA effective first full pay period in July 2021 b. 3% COLA effective first full pay period in July 2022 c. 3% COLA effective first full pay period in July 2023 CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022
APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PICO RIVERA AND THE MID MANAGERS AND PROFESSIONAL AND CONFIDENTIAL
EMPLOYEE ASSOCIATION
d. Employees within this bargaining unit hired on or before July 1, 2021 shall receive a one-time, non-pensionable, incentive bonus in the amount of one thousand dollars ($1,000)
3. PERS Cost Sharing - Establish Employee Share Limits
a. Tier I members are responsible for paying the full amount of the employee share, equal to fifty percent (50%) of the total “normal cost” as determined by CalPERS annual valuation reports up to an 8% contribution rate. b. Tier II members are responsible for paying the full amount of the employee share, equal to fifty percent (50%) of the total “normal cost” as determined by CalPERS annual valuation reports up to an 8% contribution rate.
4. Medical and Dental Coverage
a. Modify the medical "cash-out" amount to the PEMHCA minimum (currently $149) for all new employees.
b. Add plan that increases medical plan for adult orthodontia to the City's dental offerings.
5. Deferred Compensation
a. City shall make a matching contribution of up to 1% of base salaries per member per calendar year that is enrolled in the City's 457 deferred compensation program and who is making contributions.
6. Tuition Reimbursement – Tuition advancement will no longer be permitted.
As discussed in the "Fiscal Impact" section above, some of these negotiated items have direct cost implications, while others do not. Furthermore, some of the negotiated items' ultimate cost will depend on participation (i.e., Deferred Compensation or Educational Reimbursement).
Conclusion:
Overall negotiations were positive and the SEIU 721 full-time members and management feel this proposed MOU fairly compensates employees while simultaneously improving the work environment in the City of Pico Rivera.
Steve Carmona
CITY COUNCIL AGENDA REPORT – MEETING OF SEPTEMBER 13, 2022
APPROVE A MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF PICO RIVERA AND THE MID MANAGERS AND PROFESSIONAL AND CONFIDENTIAL
EMPLOYEE ASSOCIATION
SC:AG:sp
Enclosure: 1) Resolution/Exhibit 1, with Appendix A, B and C.
RESOLUTION NO. ______
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF PICO
RIVERA, CALIFORNIA, APPROVING, RATIFYING, AND
ORDERING IMPLEMENTATION OF A MEMORANDUM OF
UNDERSTANDING BETWEEN THE CITY OF PICO RIVERA AND
THE PICO RIVERA MID-MANAGERS, PROFESSIONAL AND
CONFIDENTIAL EMPLOYEES ASSOCIATION FOR A TERM
FROM JULY 1, 2021 THROUGH JUNE 30, 2024
WHEREAS, the City has met its obligation to meet and confer pursuant to the Meyers-Milias-Brown Act (California Code Sections 3500-3511) and the City of Pico Rivera Employer-Employee Relations Resolution; and
WHEREAS, the current Memorandum of Understanding (MOU) between the City of Pico Rivera (City) and the Pico Rivera Mid-Managers, Professional and Confidential Employees Association (Association) expired on June 30, 2021; and WHEREAS, the City and the Mid-Managers, Professional and Confidential Employees Association (Association) have reached an agreement; and WHEREAS, the City and the Association have memorialized all current negotiated items in a written Memorandum of Understanding, attached hereto.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Pico Rivera as follows:
SECTION 1. MEMORANDUM OF UNDERSTANDING. The Memorandum
of Understanding between the Mid-Managers, Professional and Confidential Employees Association and the City of Pico Rivera is attached hereto as Exhibit A, and by reference made a part hereof.
SECTION 2. MID-MANAGER JOB CLASSIFICATIONS. Appendix A to the Memorandum of Understanding (also attached hereto as Exhibit B) reflects the job classifications and denotes those classifications which are considered "not-at-will." SECTION 3. PROFESSIONAL AND CONFIDENTIAL JOB
CLASSIFICATIONS. Appendix B to the Memorandum of Understanding (also attached hereto as Exhibit C) reflects the job classifications and denotes those classifications which are considered "at-will."
SECTION 4. SALARY SCHEDULE. Appendix B to the Memorandum of Understanding (also attached hereto as Exhibit C) reflects the salary schedule for all job classifications covered by this Memorandum of Understanding and represented by the MidManagers, Professional and Confidential Employees Association (Association), which will be effective the first full payroll period commencing on or after July 1, 2021, as outlined in Article 5 of the MOU.
Enclosure 1
20a
Resolution No. ______
SECTION 5. ALL RESOLUTIONS, POLICIES, PROCEDURES AND
SIDELETTERS IN CONFLICT. The MOU repeals and supersedes in all respects all terms and provisions of all prior memorandums of understanding between the City and the Association, except to the extent that any term or provision of this MOU expressly provides otherwise.
SECTION 6. That the City Clerk shall certify to the adoption of this Resolution, and it shall become effective immediately upon adoption.
APPROVED AND ADOPTED this 13thday of September 2022 by
members of the City Council of the City of Pico Rivera. _____________________________________
Dr. Monica Sanchez, Mayor
ATTEST: APPROVED AS TO FORM:
______________________________ _____________________________________ Anna M. Jerome, City Clerk Arnold M. Alvarez-Glasman, City Attorney AYES:
NOES:
ABSENT:
ABSTAIN:
MEMORANDUM OF UNDERSTANDING
between
CITY OF PICO RIVERA
and
PICO RIVERA MID MANAGERS and
PROFESSIONAL & CONFIDENTIAL EMPLOYEES ASSOCIATION
July 1, 2021 – June 30, 2024
EXHIBIT 1
Table of Contents
Article 1: Preamble ....................................................................................................... 1 Article 2: Recognition ................................................................................................... 2 Article 3: Maintenance of Benefits and Zipper Clause............................................... 3 Article 4: Non-Discrimination Clause .......................................................................... 4 Article 5: Salaries and Compensation ........................................................................ 5 A. COLAs ............................................................................................................ 5 B. Class and Compensation Study ..................................................................... 5 C. Pension Swap for Classic Members Hired on or before June 30, 2021 (Tier II) ........................................................................................................................ 5 D. Early Retirement Incentive Program .............................................................. 6 E. Longevity Pay ................................................................................................. 6 F. Bilingual Pay .................................................................................................. 7 G. Merit Increases ............................................................................................... 7 H. Move up Pay .................................................................................................. 7 I. Call Back Pay ................................................................................................. 7 J. Direct Deposit ................................................................................................. 7 Article 6: Health and Related Benefits......................................................................... 8 A. Medical Benefits ............................................................................................. 8 B. Dental Benefits ............................................................................................... 8 C. Vision Benefits ............................................................................................... 8 D. Cash In-Lieu of Benefits Program .................................................................. 8 Article 7: Supplemental Benefits ............................................................................... 10 A. Life and Accidental Death and Dismemberment Insurance ......................... 10 B. Supplemental Life Insurance ........................................................................ 10 C. Disability Insurance ...................................................................................... 10 D. Work Related Travel Insurance .................................................................... 10 E. Employee Assistance Program .................................................................... 10 F. Deferred Compensation Plan .................................................................. 10-11 Article 8: Retirement .................................................................................................. 12 A. CalPERS Benefit .......................................................................................... 12 B. Retiree Health Insurance .............................................................................. 14 Article 9: Work Schedules ......................................................................................... 15 Article 10: Overtime, Holidays, Schedules and Types of Leave ............................ 16 A. Schedule Flexibility ...................................................................................... 16 B. Overtime ....................................................................................................... 16 C. FMLA and Kin Care Leave ........................................................................... 17 D. Administrative Leave .................................................................................... 17 E. Compensatory Time ..................................................................................... 17 F. Sick Leave ............................................................................................... 17-19 G. Vacation Leave ....................................................................................... 19-20 H. Holidays .................................................................................................. 20-21 I. Industrial Illness or Injury Leave .............................................................. 21-22 J. Jury Duty ...................................................................................................... 22 K. Bereavement Leave ..................................................................................... 22 L. Catastrophic Leave ................................................................................. 22-24 Article 11: Severance ................................................................................................. 25 A. Mid-Managers Unit ................................................................................. 25 B. Professional and Confidential Unit .......................................................... 25 Article 12: Other Terms .............................................................................................. 26 A. Uniforms .................................................................................................. 26 B. Mandatory Drug Testing ......................................................................... 26 Article 13: Educational Reimbursement and Loan Forgiveness............................. 27 Article 14: Grievance Procedures ............................................................................. 28 A. Performance Evaluations ........................................................................ 28 B. Last Chance Agreements ....................................................................... 28 C. Definitions ............................................................................................... 28 D. Purpose of Grievance Procedure ............................................................ 28 E. Rights and Responsibilities ..................................................................... 29 F. Specifics of the Grievance ...................................................................... 29 G. Procedure .......................................................................................... 29-30 Article 15: Probationary Periods and Discipline Procedures ................................. 31 Section 1: Disciplinary Actions ........................................................................... 31 Section 2: Grounds for Discipline ................................................................. 31-32 Section 3: Response to Written Reprimand ....................................................... 33 Section 4: Major Disciplinary Action ............................................................. 34-38 Article 16: Association Business .............................................................................. 39 A. Dues and Benefits Declaration ............................................................... 39 B. Provision of Unit Membership List .......................................................... 39 C. Use of City Facilities ............................................................................... 39 D. Agency Shop .......................................................................................... 39 E. Association Bank of Hours ................................................................. 40-41 F. Voluntary Political Contributions ............................................................. 41 Article 17: Management Right Clause ...................................................................... 42 Article 18: Severability ............................................................................................... 44 Article 19: Effect ......................................................................................................... 45 Article 20: Labor-Management Committee .............................................................. 46 Article 21: Term .......................................................................................................... 47 Appendix A Mid-Managers Classifications .............................................................. 48 Appendix B Professional and Confidential Classifications .................................... 49 Appendix C Salary Schedules............................................................................... 50-51 Side Letter of Agreement #2.................................................................................. 52-55 Side Letter of Agreement #4.................................................................................. 56-57 Side Letter of Agreement #5.................................................................................. 58-60 Side Letter of Agreement 08.29.2017......................................................................... 61 Side Letter of Agreement 10.17.2017......................................................................... 63 Side Letter of Agreement #7....................................................................................... 64 Side Letter of Agreement #8.................................................................................. 65-67
MID-MANAGERS, PROFESSIONALS, & CONFIDENTIAL EMPLOYEES
ASSOCIATION
MEMORANDUM OF UNDERSTANDING
July 1, 2021 – June 30, 2024