Placentia City Council
February 15, 2022

1. Approve Amendment No. 1 for an additional not -to -exceed amount of $50,000 through the three (3) year contract term; and

2. Approve Resolution No. R-2022-06, a Resolution of the City Council of the City of Placentia, California, authorizing a budget amendment in Fiscal Year 2021-22 in compliance with City Charter of the City of Placentia Sections 1206 and 1209 pertaining to appropriations for actual expenditures; and

3. Authorize the City Administrator to execute the necessary documents, in a form approved by the City Attorney.

DISCUSSION:

The Transportation Division of the Public Works Department is responsible for managing traffic engineering and transportation functions throughout the City including the maintenance and operation of traffic signal infrastructure. In addition, the Division is responsible for reviewing and approving an average of 100 engineered traffic control plans each year created by utility companies, contractors, and developers.

The preparation and evaluation of traffic control plans is specialized/niche work, and it is critically important that each traffic control plan is reviewed and approved by a licensed Engineer. Given RBI's past experience in providing the City with excellent and competent traffic engineering assistance, and their expertise in and timely review of traffic control plan checks, the City Council approved a contract with RBI for on -call traffic control and engineering plan check services on November 17, 2020. The cost for these services is completely offset by plan check fees paid for by encroachment permit applicants and developers. The term of the agreement is three (3) years for a not -to -exceed amount of $75,000, with one (1) 2 -year term extension based upon consultant performance and at the discretion of the City.

The amount of encroachment permit applications received in 2021 significantly increased when compared with the previous year. In the current Fiscal Year (FY 2021-22), as of January 2022, RBI has reviewed and approved 85 traffic control plans (TCPs) for the encroachment permit applications. In addition, the SiFi Project which started in June 2021 for the purpose of bringing a reliable, resilient, and fast fiber network to all residences and businesses within the City, requires comprehensive traffic control plans to facilitate the project construction by phases. RBI conducted a substantial amount of traffic control plan review for the SiFi Project alone between June and December 2021, which exhausted $34,875 (nearly 50%) of the 3 -year contract amount. However, those costs will be reimbursed by SiFi pursuant to the City's agreement with them. As a result, the available spending authority on the contract, as of January 2022, was $7,688 including the additional 10% change order amount. The initial 3 -year contract is set to expire in November 2023. The remaining balance is insufficient to fund traffic control plan check services through the 3 -year contract term.

In order to maintain the most streamlined and efficient level of service to the community, private development applicants, and utility partners, Staff is recommending increasing the contract not-

City Council Agenda
February 15, 2022

to -exceed amount by an additional $50,000 to provide additional contractual spending authority for the initial three-year contract term with RBI.

FISCAL IMPACT:

The anticipated cost for RBI's on -call engineering services for the remainder of FY 2021-22 is estimated to be $20,000 and will be included in the mid -year budget adjustment. The FY 2022-23 cost for RBI's on -call engineering services is anticipated to be $30,000 and will be budgeted accordingly.

The recommended actions will approve a Contract Amendment with RBI Traffic, Inc. for a three (3) year term and a revised not -to -exceed contract amount of $132,500. The cost for these services is completely offset by corresponding engineering plan check fee revenues. As such, sufficient funds exist for the recommended actions.

Prepared by:

Kyra T
Transportation Manager
Reviewed Aid ppr pd:
c
Reviewed and approved:

Reviewed and approved:
terim Director of Finance
Luis Estevez Damien R. Arrula '
Deputy City Administrator
City Administrator
Attachments:

1. Amendment No. 1 to Professional Services Agreement with RBI Traffic, Inc.

2. RBI Traffic, Inc. — Traffic Engineering Services Agreement (Executed)

3. Resolution No. R-2022-06 — Budget Amendment

AMENDMENT NO. 1 TO

PROFESSIONAL SERVICES AGREEMENT

PROVISION OF PROFFESSIONAL SERVICES WITH

RBI TRAFFIC INC
This Amendment No. 1 ("Amendment") to Professional Services Agreement is made and entered into effective the February 15, 2022, by and between the CITY OF PLACENTIA, a Charter City and Municipal Corporation ("CITY"), and RBI Traffic Inc, a California corporation (hereinafter "CONSULTANT"). CITY and CONSULTANT are sometimes hereinafter individually referred to as "Party" and or collectively referred to as the "Parties." A. Recitals.
(i). CITY and CONSULTANT entered into a Professional Services Agreement ("Agreement") effective November 17th 2020 through which CONSULTANT has been providing professional services as more fully explained in the Scope of Services attached to the Agreement as Exhibit "A."
(ii). The Parties now seek to amend the Agreement to increase compensation for traffic engineering professional services by an additional $50,000 for additional on -call traffic control and engineering plan check services.
(iii). All legal prerequisites to the making of this Amendment have occurred.

NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the Parties agree as follows:

B. Amendment to Agreement.

1. Section 2.1, Paragraph 1 of the Agreement is hereby amended to read as follows:

Consultant shall be paid in accordance with the fee scheduled set forth in Exhibit "A".

Consultant's total compensation shall not exceed One Hundred Thirty Two Thousand and Five Hundred Dollars and Twenty One Cents ($132,500) over the initial three-year term.

3. Except as specifically modified herein, all of the terms, conditions and provisions of the Agreement shall remain in full force and effect.

4. The Agreement, all amendments together with this Amendment No. 1 and all Exhibits attached thereto, constitutes the entire Agreement between the Parties and supersedes all prior negotiations, arrangements, representations, and understandings, if any, made by or between the Parties with respect to the subject matter hereof. No amendment or other modification of the Agreement, as modified by this Amendment No. 1 shall be binding unless executed in writing by both Parties hereto, or their respective successors, assigns, or grantees.

ATTACHMENT 1

5. Each of the undersigned represents and warrants that he or she is duly authorized to execute and deliver this Amendment No. 1 and that such execution is binding upon the entity for which he or she is executing this document.

IN WITNESS WHEREOF, the Parties have caused Amendment No. 1 to the Maintenance Services Agreement are to be executed as of the day and year first above written.

CONSULTANT CITY OF PLACENTIA
By: By:

William J. Beardsley, III, President Damien R. Arrula, City Administrator ATTEST:

By:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

By:

Christian L. Bettenhausen, City Attorney

ATTACHMENT 1

AcORb® CERTIFICATE OF LIABILITY INSURANCE
DATEMM/DD2 (MM/DD/YYYY)
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: If the certificate holder is an ADDITIONAL INSURED, the policy(ies) must have ADDITIONAL INSURED provisions or be endorsed.

If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder in lieu of such endorsement(s).

PRODUCER
AssuredPartners Design Professionals Insurance Services, LLC 3697 Mt. Diablo Blvd Suite 230
Lafayette CA 94549
License#: 6003745
CONTACT The Certificate Team
PHONE I FAx
.ate. EC; LEAKdk
. N
ADDRESS: CertsDesignProttAssuredPartners.com

INSURER(S) AFFORDING COVERAGE
NAIC I
INSURERA: Travelers Casualty and Surety Co of America
31194
INSURED RBITRAF-01
RBI Traffic
1515 Garretson
Corona CA 92880
INSURER B: Sentinel Insurance Company
11000
INSURER C : Hartford Accident and Indemnity Company
22357
INSURER D:

INSURER E :

INSURER F :

COVERAGES
CERTIFICATE NUMBER: 1243702947
•

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT, TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS.

INSR
LTR

TYPE OF INSURANCE

ADDLSUBR
INSD
WVD

POLICY NUMBER

POLICY EFF
tMMfDDfYYYYI
POLICY [XP
(MM70OfYYYY]
LIMITS
B
X

COMMERCIAL GENERAL LIABILITY
Y
Y
57SBWBM3947
11/15/2021
11/15/2022

EACH OCCURRENCE
$ 1,000,000
CLAIMS -MADE © OCCUR
DAMAGETbRENTED
PREMISES (Ea occurrence)
$1,000,000
X
Contractual Liab
MED EXP (Any one person)
$ 10,000
Included

PERSONAL &ADV INJURY
$ 1,000,000
GEN'L
AGGREGATE LIMIT APPLIES PER:

GENERAL AGGREGATE
$ 2,000,000
P
POLICY
X
LOC

PRODUCTS - COMP/OPAGG
$2,000,000
OTHER:
$
B

AUTOMOBILE LIABILITY
Y
Y
57SBWBM3947
11/15/2021
11/15/2022

COMBINED SINGLE LIMIT
jEa accident)
$1,000,000

ANY AUTO
BODILY INJURY (Per person)
$
OWNED

AUTOS ONLY

SCHEDULED
AUTOS
BODILY INJURY (Per accident)
$
X
-
HIRED

AUTOS ONLY
X

NON -OWNED

AUTOS ONLY

PROPERTY DAMAGE
(Per accident)
$
$

UMBRELLA LIAB
OCCUR

EACH OCCURRENCE
$

EXCESS LIAB

CLAIMS -MADE

AGGREGATE
$
DED _ RETENT ON $
$
C

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY
Y
57WEGAE2DHH
11/15/2021
11/15/2022

X PER OTH-

STATUTE ER
YIN

ANYPROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
N/A
EL. EACH ACCIDENT
$ 1,000,000
(Mandatory in NH)
If describe
E.L. DISEASE - EA EMPLOYEE
$ 1,000,000
yes, under
DESCRIPTION OF OPERATIONS below
E.L. DISEASE - POLICY LIMIT
$ 1,000,000
A Professional Liability
105369942
11/15/2019
11/15/2022
Per Claim
Aggregate Limit
$1,000,000
$2,000,000
DESCRIPTION OF OPERATIONS I LOCATIONS I VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required) Insured owns no company vehicles; therefore, hired/non-owned auto is the maximum coverage that applies.

Re: All Operations
City of Placentia its etecled and appointed boards, officers, officials, employees, agents and volunteers is named as Additional Inured as respects General Liability and Auto Liabilily. Insurance is Primary/Non-Contributory per policy wording, and Severability of interest applies, Waiver of Subrogation applies to Workers Compensation, General Liability and Auto Liability. See Endorsements attached. 30 Days Notice of Cancellation

CERTIFICATE HOLDER
City of Placentia
401 E. Chapman Ave
Placentia CA 92870
CANCELLATION 30 Day Notice of Cancellation

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AUTHORIZED REPRESENTATIVE
Jr/AAP- .Thil/gAzoA-ovi__,
© 1988-2015 ACORD CORPORATION. All rights reserved.

ACORD 25 (2016/03) The ACORD name and logo are registered marks of ACORD

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57WEGAE2DHH Endorsement Number:

Effective Date: 11/15/2021 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: RBI Traffic
1515 Garretson
Corona, CA 92880
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization from whom you are required by written contract or agreement to obtain this waiver of rights from us
JF"(P'
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.

Policy Expiration Date: 11/15/2022

Policy # 57SBWBM3947
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

ADDITIONAL INSURED PROVISIONS - CALIFORNIA
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
A. It is agreed that paragraph (2) of subsections 6.d.
and 6.f. of Section C. - WHO IS AN INSURED is
replaced by the following:
(2) The insurance afforded by paragraph (1) above
does not apply if your acts or omissions, or the
acts or omissions of those acting on your behalf,
that are alleged to have caused the "bodily
injury", "property damage" or "personal and
advertising injury", involve professional
architectural, engineering or surveying services,
including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing
any of the services included in a., b. or c.
above.

The insurance afforded to such additional
insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

B. It is agreed that the following paragraphs are added to the end of subsections 1. and 8. of Section F -

OPTIONAL ADDITIONAL INSURED
COVERAGES; and it is agreed the following
paragraphs replace section b. of subsection 9. of
Section F. - OPTIONAL ADDITIONAL INSURED
COVERAGES. These paragraphs do not attach or
amend the language of any of the other subsections
of Section F - OPTIONAL ADDITIONAL INSURED
COVERAGES:

The insurance afforded by this subsection does not
apply if your acts or omissions, or the acts or
omissions of those acting on your behalf, that are
alleged to have caused the "bodily injury", "property
damage" or "personal and advertising injury",
involve professional architectural, engineering or
surveying services, including but not limited to:
(a) The preparing, approving, editing of or
failure to prepare or approve, shop
drawings, maps, opinions, reports, surveys,
change orders, field orders, designs,
drawings, specifications, warnings,
recommendations, permit applications
payment requests, manuals or instructions;
(b) Supervisory, inspection, quality control,
architectural, engineering or surveying
activities or services;
(c) Maintenance of job site safety, construction
administration, construction contracting,
construction management, computer
consulting or design software development
or programming service, or selection of a
contractor or programming service;
(d) Monitoring, sampling, or testing service
necessary to perform any of the services
included in a. b. or c. above;
(e) Supervision, hiring, employment, training or
monitoring of others who are performing any
of the services included in a., b. or c. above.

The insurance afforded to such additional insured:
(a) Only applies to the extent permitted by law;
and
(b) Will not be broader than that which you are
required by the contract or agreement to
provide for such additional insured.

Form SS 51 14 04 17 Page 1 of 1
© 2017, The Hartford

Policy # 57SBWBM3947

BUSINESS LIABILITY COVERAGE FORM
(b) Rented to, in the care, custody or
control of, or over which physical
control is being exercised for any
purpose by you, any of your
"employees", "volunteer workers",
any partner or member (if you are
a partnership or joint venture), or
any member (if you are a limited
liability company).
b. Real Estate Manager
Any person (other than your "employee" or
"volunteer worker"), or any organization
while acting as your real estate manager.
c. Temporary Custodians Of Your
Property
Any person or organization having proper
temporary custody of your property if you
die, but only:
(1) With respect to liability arising out of the
maintenance or use of that property; and
(2) Until your legal representative has
been appointed.
d. Legal Representative If You Die
Your legal representative if you die, but
only with respect to duties as such. That
representative will have all your rights and
duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of
yours which is a legally incorporated entity
of which you own a financial interest of
more than 50% of the voting stock on the
effective date of this Coverage Part.

The insurance afforded herein for any
subsidiary not shown in the Declarations
as a named insured does not apply to
injury or damage with respect to which an
insured under this insurance is also an
insured under another policy or would be
an insured under such policy but for its
termination or upon the exhaustion of its
limits of insurance.

3. Newly Acquired Or Formed Organization
Any organization you newly acquire or form,
other than a partnership, joint venture or
limited liability company, and over which you
maintain financial interest of more than 50% of
the voting stock, will qualify as a Named
Insured if there is no other similar insurance
available to that organization. However:
a. Coverage under this provision is afforded
only until the 180th day after you acquire
or form the organization or the end of the
policy period, whichever is earlier; and
b. Coverage under this provision does not
apply to:
(1) "Bodily injury" or "property damage"
that occurred; or
(2) "Personal and advertising injury"
arising out of an offense committed
before you acquired or formed the
organization.

4. Operator Of Mobile Equipment
With respect to "mobile equipment" registered in
your name under any motor vehicle registration
law, any person is an insured while driving such
equipment along a public highway with your
permission. Any other person or organization
responsible for the conduct of such person is
also an insured, but only with respect to liability
arising out of the operation of the equipment, and
only if no other insurance of any kind is available
to that person or organization for this liability.

However, no person or organization is an insured
with respect to:
a. "Bodily injury" to a co -"employee" of the
person driving the equipment; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

5. Operator of Nonowned Watercraft
With respect to watercraft you do not own that
is less than 51 feet long and is not being used
to carry persons for a charge, any person is an
insured while operating such watercraft with
your permission. Any other person or
organization responsible for the conduct of
such person is also an insured, but only with
respect to liability arising out of the operation
of the watercraft, and only if no other
insurance of any kind is available to that
person or organization for this liability.

However, no person or organization is an
insured with respect to:
a. "Bodily injury" to a co -"employee" of the
person operating the watercraft; or
b. "Property damage" to property owned by,
rented to, in the charge of or occupied by
you or the employer of any person who is
an insured under this provision.

6. Additional Insureds When Required By
Written Contract, Written Agreement Or
Permit
The person(s) or organization(s) identified in
Paragraphs a. through f. below are additional
insureds when you have agreed, in a written
57SBWBM3947
Form SS 00 08 04 05

Policy # 57SBWBM3947

BUSINESS LIABILITY COVERAGE FORM
contract, written agreement or because of a
permit issued by a state or political
subdivision, that such person or organization
be added as an additional insured on your
policy, provided the injury or damage occurs
subsequent to the execution of the contract or
agreement, or the issuance of the permit.

A person or organization is an additional
insured under this provision only for that
period of time required by the contract,
agreement or permit.

However, no such person or organization is an
additional insured under this provision if such
person or organization is included as an
additional insured by an endorsement issued
by us and made a part of this Coverage Part,
including all persons or organizations added
as additional insureds under the specific
additional insured coverage grants in Section
57sgvorSgi9nal Additional Insured Coverages.
a. Vendors
Any person(s) or organization(s) (referred to
below as vendor), but only with respect to
"bodily injury" or "property damage" arising
out of "your products" which are distributed
or sold in the regular course of the vendor's
business and only if this Coverage Part
provides coverage for "bodily injury" or
"property damage" included within the
"products -completed operations hazard".
(1) The insurance afforded to the vendor
is subject to the following additional
exclusions:

This insurance does not apply to:
(a) "Bodily injury" or "property
damage" for which the vendor is
obligated to pay damages by
reason of the assumption of
liability in a contract or agreement.

This exclusion does not apply to
liability for damages that the
vendor would have in the absence
of the contract or agreement;
(b) Any express warranty
unauthorized by you;
(c) Any physical or chemical change
in the product made intentionally
by the vendor;
(d) Repackaging, except when
unpacked solely for the purpose of
inspection, demonstration, testing,
or the substitution of parts under
instructions from the manufacturer,
and then repackaged in the
original container;
(e) Any failure to make such
inspections, adjustments, tests or
servicing as the vendor has
agreed to make or normally
undertakes to make in the usual
course of business, in connection
with the distribution or sale of the
products;
(f) Demonstration, installation,
servicing or repair operations,
except such operations performed
at the vendor's premises in
connection with the sale of the
product;
Products which, after distribution
or sale by you, have been labeled
or relabeled or used as a
container, part or ingredient of any
other thing or substance by or for
the vendor; or
(h) "Bodily injury" or "property
damage" arising out of the sole
negligence of the vendor for its
own acts or omissions or those of
its employees or anyone else
acting on its behalf. However, this
exclusion does not apply to:
(g)
(i)
The exceptions contained in
Subparagraphs (d) or (f); or
(ii) Such inspections, adjustments,
tests or servicing as the vendor
has agreed to make or normally
undertakes to make in the usual
course of business, in
connection with the distribution
or sale of the products.
(2) This insurance does not apply to any
insured person or organization from
whom you have acquired such products,
or any ingredient, part or container,
entering into, accompanying or
containing such products.
b. Lessors Of Equipment
(1) Any person or organization from
whom you lease equipment; but only
with respect to their liability for "bodily
injury", "property damage" or
"personal and advertising injury"
caused, in whole or in part, by your
maintenance, operation or use of
equipment leased to you by such
person or organization.

Policy # 57SBWBM3947

BUSINESS LIABILITY COVERAGE FORM
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to any
"occurrence" which takes place after
you cease to lease that equipment.
c. Lessors Of Land Or Premises
(1) Any person or organization from
whom you lease land or premises, but
only with respect to liability arising out
of the ownership, maintenance or use
of that part of the land or premises
leased to you.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) Any "occurrence" which takes
place after you cease to lease that
land or be a tenant in that
premises; or
(b) Structural alterations, new
construction or demolition
operations performed by or on
behalf of such person or
organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but
only with respect to liability for "bodily
injury", "property damage" or "personal
and advertising injury" caused, in whole
or in part, by your acts or omissions or
the acts or omissions of those acting on
your behalf:
(a) In connection with your premises;
or
(b) In the performance of your
ongoing operations performed by
you or on your behalf.
(2) With respect to the insurance afforded
to these additional insureds, the
following additional exclusion applies:

This insurance does not apply to
"bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of or the
failure to render any professional
services by or for you, including:
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory,
architectural
activities.
inspection,
or engineering
e. Permits Issued By State Or Political
Subdivisions
(1)
Any state or political subdivision, but
only with respect to operations
performed by you or on your behalf for
which the state or political subdivision
has issued a permit.
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
(a) "Bodily injury", "property damage"
or "personal and advertising
injury" arising out of operations
performed for the state or
municipality; or
(b) "Bodily injury" or "property damage"
included within the "products -
completed operations hazard".
f. Any Other Party
(1) Any other person or organization who
is not an insured under Paragraphs a.
through e. above, but only with
respect to liability for "bodily injury",
"property damage" or "personal and
advertising injury" caused, in whole or
in part, by your acts or omissions or
the acts or omissions of those acting
on your behalf:
(a) In the performance of your
ongoing operations;
(b) In connection with your premises
owned by or rented to you; or
(c) In connection with "your work" and
included within the "products -
completed operations hazard", but
only if
(i)
The written contract or written
agreement requires you to
provide such coverage to
such additional insured; and
(ii) This Coverage Part provides
coverage for "bodily injury" or
"property damage" included
within the "products -
completed operations hazard".
(2) With respect to the insurance afforded
to these additional insureds, this
insurance does not apply to:
"Bodily injury", "property damage" or
"personal and advertising injury"
arising out of the rendering of, or the
failure to render, any professional
architectural, engineering or surveying
services, including:
57SBWBM3947
Form SS 00 08 04 05

Policy # 57SBWBM3947

BUSINESS LIABILITY COVERAGE FORM
(a) The preparing, approving, or
failure to prepare or approve,
maps, shop drawings, opinions,
reports, surveys, field orders,
change orders, designs or
drawings and specifications; or
(b) Supervisory, inspection,
architectural or engineering
activities.

The limits of insurance that apply to additional
insureds are described in Section D. — Limits
Of Insurance.

How this insurance applies when other
insurance is available to an additional insured
is described in the Other Insurance Condition
in Section E. — Liability And Medical Expenses
General Conditions.

No person or organization is an insured with
respect to the conduct of any current or past
partnership, joint venture or limited liability
company that is not shown as a Named Insured in
57sB Biarations.

D. LIABILITY AND MEDICAL EXPENSES

LIMITS OF INSURANCE

1. The Most We Will Pay
The Limits of Insurance shown in the
Declarations and the rules below fix the most
we will pay regardless of the number of:
a. Insureds;
b. Claims made or "suits" brought; or
c. Persons or organizations making claims or
bringing "suits".

2. Aggregate Limits
The most we will pay for:
a. Damages because of "bodily injury" and
"property damage" included in the
"products -completed operations hazard" is
the Products -Completed Operations
Aggregate Limit shown in the
Declarations.
b. Damages because of all other "bodily
injury", "property damage" or "personal
and advertising injury", including medical
expenses, is the General Aggregate Limit
shown in the Declarations.

This General Aggregate Limit applies
separately to each of your "locations"
owned by or rented to you.
"Location" means premises involving the
same or connecting lots, or premises
whose connection is interrupted only by a
street, roadway or right-of-way of a
railroad.

This General Aggregate limit does not
apply to "property damage" to premises
while rented to you or temporarily
occupied by you with permission of the
owner, arising out of fire, lightning or
explosion.

3. Each Occurrence Limit
Subject to 2.a. or 2.b above, whichever
applies, the most we will pay for the sum of all
damages because of all "bodily injury",
"property damage" and medical expenses
arising out of any one "occurrence" is the
Liability and Medical Expenses Limit shown in
the Declarations.

The most we will pay for all medical expenses
because of "bodily injury" sustained by any
one person is the Medical Expenses Limit
shown in the Declarations.

4. Personal And Advertising Injury Limit
Subject to 2.b. above, the most we will pay for
the sum of all damages because of all
"personal and advertising injury" sustained by
any one person or organization is the Personal
and Advertising Injury Limit shown in the
Declarations.

5. Damage To Premises Rented To You Limit
The Damage To Premises Rented To You
Limit is the most we will pay under Business
Liability Coverage for damages because of
"property damage" to any one premises, while
rented to you, or in the case of damage by fire,
lightning or explosion, while rented to you or
temporarily occupied by you with permission of
the owner.

In the case of damage by fire, lightning or
explosion, the Damage to Premises Rented To
You Limit applies to all damage proximately
caused by the same event, whether such
damage results from fire, lightning or explosion
or any combination of these.

6. How Limits Apply To Additional Insureds
The most we will pay on behalf of a person or
organization who is an additional insured
under this Coverage Part is the lesser of:
a. The limits of insurance specified in a
written contract, written agreement or
permit issued by a state or political
subdivision; or
b. The Limits of Insurance shown in the
Declarations.

Such amount shall be a part of and not in
addition to the Limits of Insurance shown in
the Declarations and described in this Section.

Form SS 00 08 04 05

Policy # 57SBWBM3947

BUSINESS LIABILITY COVERAGE FORM
If more than one limit of insurance under this
policy and any endorsements attached thereto
applies to any claim or "suit", the most we will pay
under this policy and the endorsements is the
single highest limit of liability of all coverages
applicable to such claim or "suit". However, this
paragraph does not apply to the Medical Expenses
limit set forth in Paragraph 3. above.

The Limits of Insurance of this Coverage Part apply
separately to each consecutive annual period and to
any remaining period of less than 12 months, starting
with the beginning of the policy period shown in the
Declarations, unless the policy period is extended
after issuance for an additional period of less than 12 months. In that case, the additional period will be
deemed part of the last preceding period for purposes
57sBvtirrbtffimining the Limits of Insurance.

E. LIABILITY AND MEDICAL EXPENSES

GENERAL CONDITIONS

1. Bankruptcy
Bankruptcy or insolvency of the insured or of
the insured's estate will not relieve us of our
obligations under this Coverage Part.

2. Duties In The Event Of Occurrence,
Offense, Claim Or Suit
a. Notice Of Occurrence Or Offense
You or any additional insured must see to
it that we are notified as soon as
practicable of an "occurrence" or an
offense which may result in a claim. To
the extent possible, notice should include:
(1) How, when and where the "occurrence"
or offense took place;
(2) The names and addresses of any
injured persons and witnesses; and
(3) The nature and location of any injury
or damage arising out of the
"occurrence" or offense.
b. Notice Of Claim
If a claim is made or "suit" is brought
against any insured, you or any additional
insured must:
(1) Immediately record the specifics of the
claim or "suit" and the date received;
and
(2) Notify us as soon as practicable.

You or any additional insured must see to
it that we receive a written notice of the
claim or "suit" as soon as practicable.
c. Assistance And Cooperation Of The
Insured
You and any other involved insured must:
(1) Immediately send us copies of any
demands, notices, summonses or
legal papers received in connection
with the claim or "suit";
(2) Authorize us to obtain records and
other information;
(3) Cooperate with us in the investigation,
settlement of the claim or defense
against the "suit"; and
(4) Assist us, upon our request, in the
enforcement of any right against any
person or organization that may be
liable to the insured because of injury
or damage to which this insurance
may also apply.
d. Obligations At The Insured's Own Cost
No insured will, except at that insured's own
cost, voluntarily make a payment, assume
any obligation, or incur any expense, other
than for first aid, without our consent.
e. Additional Insured's Other Insurance
If we cover a claim or "suit" under this
Coverage Part that may also be covered
by other insurance available to an
additional insured, such additional insured
must submit such claim or "suit" to the
other insurer for defense and indemnity.

However, this provision does not apply to
the extent that you have agreed in a
written contract, written agreement or
permit that this insurance is primary and
non-contributory with the additional
insured's own insurance.
f. Knowledge Of An Occurrence, Offense,
Claim Or Suit
Paragraphs a. and b. apply to you or to
any additional insured only when such
"occurrence", offense, claim or "suit" is
known to:
(1) You or any additional insured that is
an individual;
(2) Any partner, if you or an additional
insured is a partnership;
(3) Any manager, if you or an additional
insured is a limited liability company;
(4) Any "executive officer" or insurance
manager, if you or an additional
insured is a corporation;
Any trustee, if you or an additional
insured is a trust; or
(6) Any elected or appointed official, if you
or an additional insured is a political
subdivision or public entity.
(5)
Form SS 00 08 04 05 Page 15 of 24

Policy # 57SBWBM3947

BUSINESS LIABILITY COVERAGE FORM
This Paragraph f. applies separately to
you and any additional insured.

3. Financial Responsibility Laws
a. When this policy is certified as proof of
financial responsibility for the future under
the provisions of any motor vehicle
financial responsibility law, the insurance
provided by the policy for "bodily injury"
liability and "property damage" liability will
comply with the provisions of the law to
the extent of the coverage and limits of
insurance required by that law.
b. With respect to "mobile equipment" to
which this insurance applies, we will
provide any liability, uninsured motorists,
underinsured motorists, no-fault or other
coverage required by any motor vehicle
law. We will provide the required limits for
those coverages.

4. Legal Action Against Us
No person or organization has a right under
this Coverage Form:
a. To join us as a party or otherwise bring us
into a "suit" asking for damages from an
insured; or
b. To sue us on this Coverage Form unless
all of its terms have been fully complied
with.

A person or organization may sue us to recover
on an agreed settlement or on a final judgment
against an insured; but we will not be liable for
damages that are not payable under the terms of
this insurance or that are in excess of the
applicable limit of insurance. An agreed
settlement means a settlement and release of
liability signed by us, the insured and the
claimant or the claimant's legal representative.

5. Separation Of Insureds
Except with respect to the Limits of Insurance,
and any rights or duties specifically assigned
in this policy to the first Named Insured, this
insurance applies:
a. As if each Named Insured were the only
Named Insured; and
b. Separately to each insured against whom
57sBwBM3@491aim is made or "suit" is brought.

6. Representations
a. When You Accept This Policy
By accepting this policy, you agree:
(1) The statements in the Declarations
are accurate and complete;
(2) Those statements are based upon
representations you made to us; and
(3) We have issued this policy in reliance
upon your representations.
b. Unintentional Failure To Disclose
Hazards
If unintentionally you should fail to disclose
all hazards relating to the conduct of your
business at the inception date of this
Coverage Part, we shall not deny any
coverage under this Coverage Part
because of such failure.

7. Other Insurance
If other valid and collectible insurance is
available for a loss we cover under this
Coverage Part, our obligations are limited as
follows:
a. Primary Insurance
This insurance is primary except when b.
below applies. If other insurance is also
primary, we will share with all that other
insurance by the method described in c.
below.
b. Excess Insurance
This insurance is excess over any of the
other insurance, whether primary, excess,
contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage,
Builder's Risk, Installation Risk or
similar coverage for "your work";
(2) Premises Rented To You
That is fire, lightning or explosion
insurance for premises rented to you
or temporarily occupied by you with
permission of the owner;
Tenant Liability
That is insurance purchased by you to
cover your liability as a tenant for
"property damage" to premises rented
to you or temporarily occupied by you
with permission of the owner;
(4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance
or use of aircraft, "autos" or watercraft to
the extent not subject to Exclusion g. of
Section A. — Coverages.

Property Damage To Borrowed
Equipment Or Use Of Elevators
If the loss arises out of "property
damage" to borrowed equipment or
the use of elevators to the extent not
subject to Exclusion k. of Section A. —
Coverages.
(3)
(5)

Policy # 57SBWBM3947

BUSINESS LIABILITY COVERAGE FORM
(7)
(6) When You Are Added As An
Additional Insured To Other
Insurance
That is other insurance available to
you covering liability for damages
arising out of the premises or
operations, or products and completed
operations, for which you have been
added as an additional insured by that
insurance; or
When You Add Others As An
Additional Insured To This
Insurance
That is other insurance available to an
additional insured.

However, the following provisions
apply to other insurance available to
any person or organization who is an
additional insured under this Coverage
Part:
(a) Primary Insurance When
Required By Contract
This insurance is primary if you
have agreed in a written contract,
written agreement or permit that
this insurance be primary. If other
insurance is also primary, we will
share with all that other insurance
by the method described in c.
below.
(b) Primary And Non -Contributory
To Other Insurance When
Required By Contract
If you have agreed in a written
contract, written agreement or
permit that this insurance is
primary and non-contributory with
the additional insured's own
insurance, this insurance is
primary and we will not seek
contribution from that other
insurance.

Paragraphs (a) and (b) do not apply to
other insurance to which the additional
insured has been added as an
57sBwBM3d4titional insured.

When this insurance is excess, we will
have no duty under this Coverage Part to
defend the insured against any "suit" if any
other insurer has a duty to defend the
insured against that "suit". If no other
insurer defends, we will undertake to do
so, but we will be entitled to the insured's
rights against all those other insurers.

When this insurance is excess over other
insurance, we will pay only our share of
the amount of the loss, if any, that
exceeds the sum of:
(1)
The total amount that all such other
insurance would pay for the loss in the
absence of this insurance; and
(2) The total of all deductible and self -
insured amounts under all that other
insurance.

We will share the remaining loss, if any, with
any other insurance that is not described in
this Excess Insurance provision and was not
bought specifically to apply in excess of the
Limits of Insurance shown in the
Declarations of this Coverage Part.
c. Method Of Sharing
If all the other insurance permits
contribution by equal shares, we will follow
this method also. Under this approach,
each insurer contributes equal amounts
until it has paid its applicable limit of
insurance or none of the loss remains,
whichever comes first.

If any of the other insurance does not permit
contribution by equal shares, we will
contribute by limits. Under this method, each
insurers share is based on the ratio of its
applicable limit of insurance to the total
applicable limits of insurance of all insurers.

8. Transfer Of Rights Of Recovery Against
Others To Us
a. Transfer Of Rights Of Recovery
If the insured has rights to recover all or
part of any payment, including
Supplementary Payments, we have made
under this Coverage Part, those rights are
transferred to us. The insured must do
nothing after loss to impair them. At our
request, the insured will bring "suit" or
transfer those rights to us and help us
enforce them. This condition does not
apply to Medical Expenses Coverage.
b. Waiver Of Rights Of Recovery (Waiver
Of Subrogation)
If the insured has waived any rights of
recovery against any person or
organization for all or part of any payment,
including Supplementary Payments, we
have made under this Coverage Part, we
also waive that right, provided the insured
waived their rights of recovery against
such person or organization in a contract,
agreement or permit that was executed
prior to the injury or damage.

Form SS 00 08 04 05

Policy # 57SBWBM3947
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

HIRED AUTO AND NON -OWNED AUTO
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
This coverage is subject to all provisions in the
BUSINESS LIABILITY COVERAGE FORM not
expressly modified herein:

A. Amended Coverage:

Coverage is extended to "bodily injury" and
"property damage" arising out of the use of a "hired
auto" and "non -owned auto".

B. Paragraph B. EXCLUSIONS is amended as
follows:

1. Exclusion g. Aircraft, Auto or Watercraft does
not apply to a "hired auto" or a "non -owned
auto".

2. Exclusion e. Employers Liability does not
apply to "bodily injury" to domestic "employees"
not entitled to workers' compensation benefits
or to liability assumed by the "insured" under an
"insured contract".

3. Exclusion f. Pollution is replaced by the
following:
"Bodily injury" or "property damage" arising out
of the actual, alleged or threatened discharge,
dispersal, seepage, migration, release or
escape of "pollutants":
a. That are, or that are contained in any
property that is:
(1) Being transported or towed by, handled,
or handled for movement into, onto or
from, the covered "auto";
(2) Otherwise in the course of transit by or
on behalf of the "insured"; or
(3) Being stored, disposed of, treated or
processed in or upon the covered
"auto".
b. Before the "pollutants" or any property in
which the "pollutants" are contained are
moved from the place where they are
accepted by the "insured" for movement into
or onto the covered "auto"; or
c. After the "pollutants" or any property in
which the "pollutants" are contained are
moved from the covered "auto" to the place
where they are finally delivered, disposed of
or abandoned by the "insured".

Paragraph a. above does not apply to fuels,
lubricants, fluids, exhaust gases or other
similar "pollutants" that are needed for or
result from the normal electrical, hydraulic
or mechanical functioning of the covered
"auto" or its parts, if:
(1) The "pollutants" escape, seep, migrate,
or are discharged or released directly
from an "auto" part designed by its
manufacturer to hold, store, receive, or
dispose of such "pollutants"; and
(2) The "bodily injury" and "property
damage" does not arise out of the
operation of any equipment listed in
paragraphs 15.b. and 15.c. of the
definition of "mobile equipment".

Paragraphs b. and c. above do not apply to
"accidents" that occur away from premises
owned by or rented to an "insured" with
respect to "pollutants" not in or upon a
covered "auto" if:
(1) The "pollutants" or any property in
which the "pollutants" are contained are
upset, overturned or damaged as a
result of the maintenance or use of a
covered "auto"; and
Form SS 04 38 09 09
© 2009, The Hartford
(Includes copyrighted material of ISO Properties, Inc., with its permission)

Policy # 57SBWBM3947
(2) The discharge, dispersal, seepage,
migration, release or escape of the
"pollutants" is caused directly by such
upset, overturn or damage as a result of
the maintenance or use of a covered
"auto".

4. With respect to this coverage, the following
additional exclusions apply:
a. Fellow employee
Coverage does not apply to "bodily injury" to
any fellow "employee" of the "insured"
arising out of the operation of an "auto"
owned by the "insured" in the course of the
fellow "employee's" employment.
b. Care, custody or control
Coverage does not apply to "property
damage" involving property owned or
transported by the "insured" or in the
"insured's" care, custody or control.

C. With respect to "hired auto" and "non -owned auto"
coverage, Paragraph C. WHO IS AN INSURED is
deleted and replaced by the following:

The following are "insureds":
a. You.
b. Your "employee" while using with your
permission:
(1) An "auto" you hire or borrow; or
(2) An "auto" you don't own, hire or borrow in
your business or personal affairs; or
(3) An "auto" hired or rented by your
"employee" on your behalf and at your
direction.
c. Anyone else while using a "hired auto" or "non -
owned auto" with your permission except:
(1) The owner or anyone else from whom you
hire or borrow an "auto".
(2) Someone using an auto while he or she is
working in a business of selling, servicing,
repairing, parking or storing "autos" unless
that business is yours.

Anyone other than your "employees",
partners (if you are a partnership), members
(if you are a limited liability company), or a
lessee or borrower or any of their
"employees", while moving property to or
from an "auto".
(4) A partner (if you are a partnership), or a
member (if you are a limited liability
(3)
company) for an "auto" owned by him or her
or a member of his or her household.
d. Anyone liable for the conduct of an "insured"
described above but only to the extent of that
liability.

D. With respect to the operation of a "hired auto" and
"non -owned auto", the following additional
conditions apply:

1. OTHER INSURANCE
a. Except for any liability assumed under an
"insured contract" the insurance provided by
this Coverage Form is excess over any
other collectible insurance.

However, if your business is the selling,
servicing, repairing, parking or storage of
"autos", the insurance provided by this
endorsement is primary when covered
"bodily injury" or "property damage" arises
out of the operation of a customer's "auto"
by you or your "employee".
b. When this Coverage Form and any other
Coverage Form or policy covers on the
same basis, either excess or primary, we
will pay only our share. Our share is the
proportion that the Limit of Insurance of our
Coverage Form bears to the total of the
limits of all the Coverage Forms and policies
covering on the same basis.

2. TWO OR MORE COVERAGE FORMS OR

POLICIES ISSUED BY US
If the Coverage Form and any other Coverage
Form or policy issued to you by us or any
company affiliated with us apply to the same
"accident", the aggregate maximum Limit of
Insurance under all the Coverage Forms or
policies shall not exceed the highest applicable
Limit of Insurance under any one Coverage
Form or policy. This condition does not apply to
any Coverage Form or policy issued by us or an
affiliated company specifically to apply as
excess insurance over this Coverage Form.

E. The following definitions are added:

G. LIABILITY AND MEDICAL EXPENSES
DEFINITIONS:

1. "Hired auto" means any "auto" you lease,
hire, rent or borrow. This does not include
any auto you lease, hire, rent or borrow
from any of your "employees", your partners
(if you are a partnership), members (if you
are a limited liability company),

Policy # 57SBWBM3947
or your "executive officers" or members of
their households.

This does not include a long-term leased
"auto" that you insure as an owned "auto"
under any other auto liability insurance
policy or a temporary substitute for an
"auto" you own that is out of service
because of its breakdown, repair, servicing
or destruction.

2. "Non -owned auto " means any "auto" you
do not own, lease, hire, rent or borrow
which is used in connection with your
business. This includes:
a. "Autos" owned by your "employees" your
partners (if you are a partnership),
members (if you are a limited liability
company), or your "executive officers",
or members of their households, but
only while used in your business or your
personal affairs.
b. Customer's "auto" that is in your care,
custody or control for service.

Form SS 04 38 09 09 Page 3 of 3

CITY OF PLACENTIA

PROFESSIONAL SERVICES AGREEMENT
WITH
RBI TRAFFIC INC.

THIS AGREEMENT is made and entered into this 17th day of November, 2020 ("Effective Date"), by and between the CITY OF PLACENTIA, a municipal corporation ("City"), and RBI Traffic Inc, a California Corporation ("Consultant").

WITNESSETH:

A. WHEREAS, City proposes to utilize the services of Consultant as an independent contractor to provide plan check services as more fully described herein; and B. WHEREAS, Consultant represents that it has that degree of specialized expertise contemplated within California Government Code Section 37103, and holds all necessary licenses to practice and perform the services herein contemplated; and C. WHEREAS, City and Consultant desire to contract for the specific services described in Exhibit "A" (the "Project") and desire to set forth their rights, duties and liabilities in connection with the services to be performed; and
D. WHEREAS, no official or employee of City has a financial interest, within the provisions of Sections 1090-1092 of the California Government Code, in the subject matter of this Agreement.

NOW, THEREFORE, for and in consideration of the mutual covenants and conditions contained herein, the parties hereby agree as follows:

1.0. SERVICES PROVIDED BY CONSULTANT

1.1. Scope of Services. Consultant shall provide the professional services described in the Consultant's Proposal ("Proposal"), attached hereto as Exhibit "A" and incorporated herein by this reference.

1.2. Professional Practices. All professional services to be provided by Consultant pursuant to this Agreement shall be provided by personnel experienced in their respective fields and in a manner consistent with the standards of care, diligence and skill ordinarily exercised by professional consultants in similar fields and circumstances in accordance with sound professional practices. Consultant also warrants that it is familiar with all laws that may affect its performance of this Agreement and shall advise City of any changes in any laws that may affect Consultant's performance of this Agreement. Consultant shall keep itself informed of State and Federal laws and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Consultant shall at all times observe and comply with all such laws and regulations. Officers and employees shall not be liable at law or in equity occasioned by failure of the Consultant to comply with this section.

1.3. Performance to Satisfaction of City. Consultant agrees to perform all the work to the complete satisfaction of the City and within the hereinafter specified. Evaluations of the work will be done by the City Administrator or his or her designee. If the quality of work is not satisfactory, City in its discretion has the right to:
(a) Meet with Consultant to review the quality of the work and resolve the ATTACHMENT 2

matters of concern;
(b) Require Consultant to repeat the work at no additional fee until it is satisfactory; and/or
(c) Terminate the Agreement as hereinafter set forth.

1.4. Warranty. Consultant warrants that it shall perform the services required by this Agreement in compliance with all applicable Federal and California employment laws, including, but not limited to, those laws related to minimum hours and wages; occupational health and safety; fair employment and employment practices; workers' compensation insurance and safety in employment; and all other Federal, State and local laws and ordinances applicable to the services required under this Agreement. Consultant shall indemnify and hold harmless City from and against all claims, demands, payments, suits, actions, proceedings, and judgments of every nature and description including attorneys' fees and costs, presented, brought, or recovered against City for, or on account of any liability under any of the above -mentioned laws, which may be incurred by reason of Consultant's performance under this Agreement.

1.5. Non-discrimination. In performing this Agreement, Consultant shall not engage in, nor permit its agents to engage in, discrimination in employment of persons because of their race, religion, color, national origin, ancestry, age, physical handicap, medical condition, marital status, sexual gender or sexual orientation, except as permitted pursuant to Section 12940 of the Government Code. Such actions shall include, but not be limited to the following:
employment, upgrading, demotion or transfer, recruitment or recruitment advertising, layoff or termination, rates of pay or other forms of compensation and selection for training, including apprenticeship. Consultant agrees to post in conspicuous places, available to employees and applicants for employment, a notice setting forth provisions of this non-discrimination clause.

Consultant shall, in all solicitations and advertisements for employees placed by, or on behalf of Consultant shall state that all qualified applicants will receive consideration for employment without regard to age, race, color, religion, sex, marital status, national origin, or mental or physical disability. Consultant shall cause the paragraphs contained in this Section to be inserted in all subcontracts for any work covered by the Agreement, provided that the foregoing provisions shall not apply to subcontracts for standard commercial supplies or raw materials.

1.6. Non -Exclusive Agreement. Consultant acknowledges that City may enter into agreements with other consultants for services similar to the services that are subject to this Agreement or may have its own employees perform services similar to those services contemplated by this Agreement.

1.7. Delegation and Assignment. This is a personal service contract, and the duties set forth herein shall not be delegated or assigned to any person or entity without the prior written consent of City. Consultant may engage a subcontractor(s) as permitted by law and may employ other personnel to perform services contemplated by this Agreement at Consultant's sole cost and expense. All insurance requirements contained in this Agreement are independently applicable to any and all subcontractors that Consultant may engage during the term of this Agreement.
2 RBI TRAFFIC INC
Rev. 08/2017

1.8. Confidentiality. Employees of Consultant in the course of their duties may have access to financial, accounting, statistical, and personnel data of private individuals and employees of City. Consultant covenants that 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 written authorization by City. City shall grant such authorization if disclosure is required by law. All City data shall be returned to City upon the termination of this Agreement. Consultant's covenant under this Section shall survive the termination of this Agreement.

2.0. COMPENSATION AND BILLING

2.1. Compensation. Consultant shall be paid in accordance with the fee schedule set forth in Exhibit "A". Consultant's total compensation shall not exceed Seventy -Five Thousand Dollars ($ 75,000.00).

2.2. Additional Services. Consultant shall not receive compensation for any services provided outside the scope of services specified in the Consultant's Proposal or which is inconsistent with or in violation of the provisions of this Agreement unless the City or the Project Manager for this Project, prior to Consultant performing the additional services, approves such additional services in writing. It is specifically understood that oral requests and/or approvals of such additional services or additional compensation shall be barred and are unenforceable.

Should the City request in writing additional services that increase the hereinabove described "SCOPE OF SERVICES", an additional fee based upon the Consultant's standard hourly rates shall be paid to the Consultant for such additional services.

2.3. Method of Billing. Consultant may submit invoices to the City for approval on a progress basis, but no more often than two times a month. Said invoice shall be based on the total of all Consultant's services which have been completed to City's sole satisfaction. City shall pay Consultant's invoice within forty-five (45) days from the date City receives said invoice.

Each invoice shall describe in detail, the services performed, the date of performance, and the associated time for completion. Any additional services approved and performed pursuant to this Agreement shall be designated as "Additional Services" and shall identify the number of the authorized change order, where applicable, on all invoices.

2.4. Records and Audits. Records of Consultant's services relating to this Agreement shall be maintained in accordance with generally recognized accounting principles and shall be made available to City or its Project Manager for inspection and/or audit at mutually convenient times for a period of three (3) years from the Effective Date.

3.0. TIME OF PERFORMANCE

3.1. Commencement and Completion of Work. The professional services to be performed pursuant to this Agreement shall commence within five (5) days from the Effective Date of this Agreement. Said services shall be performed in strict compliance with the Project Schedule approved by City as set forth in Exhibit "A."

3.2. Excusable Delays. Neither party shall be responsible for delays or lack of performance resulting from acts beyond the reasonable control of the party or parties. Such acts shall include, but not be limited to, acts of God, fire, strikes, material shortages, compliance with laws or regulations, riots, acts of war, or any other conditions beyond the reasonable control of a party. If a delay beyond the control of the Consultant is encountered, a time 3 RBI TRAFFIC INC
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extension may be mutually agreed upon in writing by the City and the Consultant. The Consultant shall present documentation satisfactory to the City to substantiate any request for a time extension.

4.0. TERM AND TERMINATION

4.1. Term. This Agreement shall commence on the Effective Date and continue for a period of 36 months, ending on November 16th, 2023, unless previously terminated as provided herein or as otherwise agreed to in writing by the parties. The Agreement may be extended for an additional two-year term based on contractor performance and at the City's discretion.

4.2. Notice of Termination. The City reserves and has the right and privilege of canceling, suspending or abandoning the execution of all or any part of the work contemplated by this Agreement, with or without cause, at any time, by providing at least fifteen (15) days prior written notice to Consultant. The termination of this Agreement shall be deemed effective upon receipt of the notice of termination. In the event of such termination, Consultant shall immediately stop rendering services under this Agreement unless directed otherwise by the City. If the City suspends, terminates or abandons a portion of this Agreement such suspension, termination or abandonment shall not make void or invalidate the remainder of this Agreement.

If the Consultant defaults in the performance of any of the terms or conditions of this Agreement, it shall have ten (10) days after service upon it of written notice of such default in which to cure the default by rendering a satisfactory performance. In the event that the Consultant fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.

The City shall have the right, notwithstanding any other provisions of this Agreement, to terminate this Agreement, at its option and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement, immediately upon service of written notice of termination on the Consultant, if the latter should:
a. Be adjudged a bankrupt;
b. Become insolvent or have a receiver of its assets or property appointed because of insolvency;
c. Make a general assignment for the benefit of creditors; d. Default in the performance of any obligation or payment of any indebtedness under this Agreement;
e. Suffer any judgment against it to remain unsatisfied or unbonded of record for thirty (30) days or longer; or
f. Institute or suffer to be instituted any procedures for reorganization or rearrangement of its affairs.

4.3. Compensation. In the event of termination, City shall pay Consultant for reasonable costs incurred and professional services satisfactorily performed up to and including the date of City's written notice of termination within thirty-five (35) days after service of the 4 RBI TRAFFIC INC
Rev. 08/2017

notice of termination. Compensation for work in progress shall be prorated based on the percentage of work completed as of the effective date of termination in accordance with the fees set forth herein. In ascertaining the professional services actually rendered hereunder up to the effective date of termination of this Agreement, consideration shall be given to both completed work and work in progress, to complete and incomplete drawings, and to other documents pertaining to the services contemplated herein whether delivered to the City or in the possession of the Consultant. City shall not be liable for any claim of lost profits.

4.4, Documents. In the event of termination of this Agreement, all documents prepared by Consultant in its performance of this Agreement including, but not limited to, finished or unfinished design, development and construction documents, data studies, drawings, maps and reports, shall be delivered to the City within ten (10) days of delivery of termination notice to Consultant, at no cost to City. Any use of uncompleted documents without specific written authorization from Consultant shall be at City's sole risk and without liability or legal expense to Consultant.

5.0. INSURANCE

5.1. Minimum Scope and Limits of Insurance. Consultant shall obtain, maintain, and keep in full force and effect during the life of this Agreement all the following minimum scope of insurance coverages with an insurance company admitted to do business in California, rated A, Class X, or better in the most recent Best's Key Insurance Rating Guide, and approved by City:
(a) Broad -form commercial general liability, in a form at least as broad as ISO from #CG 00 01 04 13, including premises -operations, products/completed operations, broad form property damage, blanket contractual liability, independent contractors, personal injury or bodily injury with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence. If such insurance contains a general aggregate limit, it shall apply separately to this Agreement or shall be twice the required occurrence limit. If Consultant maintains higher limits that the specified minimum limits, City requires and shall be entitled to coverage for the high limits maintained by the Consultant.
(b) Business automobile liability far owned vehicles, hired, and non -owned vehicles, with a policy limit of not less than One Million Dollars ($1,000,000.00), combined single limits, each incident for bodily injury and property damage.
(c) Workers` compensation insurance as required by the State of California and Employers Liability Insurance with a minimum limit of $1,000,000 per accident for any employee or employees of Consultant. Consultant agrees to waive, and to obtain endorsements from its workers' compensation insurer waiving subrogation rights under its workers' compensation insurance policy against the City, its officers, agents, employees, and volunteers for losses arising from work performed by Consultant for the City and to require each of its subcontractors, if any, to do likewise under their workers' compensation insurance policies. 5 RBI TRAFFIC INC
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Before execution of this Agreement by the City, the Consultant shall file with the Public Works Director/City Engineer the following signed certification:

I am aware of, and will comply with, Section 3700 of the Labor Code, requiring every employer to be insured against liability of Workers' Compensation or to undertake self-insurance before commencing any of the work.

The Consultant shall also comply with Section 3800 of the Labor Code by securing, paying for and maintaining in full force and effect for the duration of this Agreement, complete Workers' Compensation Insurance, and shall furnish a Certificate of Insurance to the Public Works Director/City Engineer before execution of this Agreement by the City.

The City, its officers and employees shall not be responsible for any claims in law or equity occasioned by failure of the consultant to comply with this section.
(d) Professional errors and omissions ("E&O") liability insurance with policy limits of not less than One Million Dollars ($1,000,000.00), combined single limits, per occurrence and aggregate. Architects' and engineers' coverage shall be endorsed to include contractual liability. If the policy is written as a "claims made" policy, the retro date shall be prior to the start of the contract work. Consultant shall obtain and maintain, said E&O liability insurance during the life of this Agreement and for three years after completion of the work hereunder.

Neither the CITY nor any of its elected or appointed officials, officers, agents, employees, or volunteers makes any representation that the types of insurance and the limits specified to be carried by Consultant under this Agreement are adequate to protect Consultant.

If Consultant believes that any such insurance coverage is insufficient, Consultant shall provide, at its own expense, such additional insurance as Consultant deems adequate.

5.2. Endorsements. The commercial general liability insurance policy and business automobile liability policy shall contain or be endorsed to contain the following provisions as worded below:
(a) Additional insureds: "The City of Placentia and its elected and appointed boards, officers, officials, agents, employees, and volunteers are addition- al insureds with respect to: liability arising out of activities performed by or on behalf of the Consultant pursuant to its contract with the City; products and completed operations of the Consultant; premises owned, occupied or used by the Consultant; automobiles owned, leased, hired, or borrowed by the Consultant."
(b) Notice: "Consultant shall provide immediate written notice if (1) any of the required insurance policies is terminated; (2) the limits of any of the required polices are reduced; (3) or the deductible or self -insured retention is increased. In the event of any cancellation or reduction in coverage or limits of any insurance, Consultant shall forthwith obtain and submit proof of substitute insurance. Should Consultant fail to 6 RBI TRAFFIC INC
Rev. 08/2017

immediately procure other insurance, as specified, to substitute for any canceled policy, the City may procure such insurance at Consultant's sole cost and expense."
(c) Other insurance: "The Consultant's insurance coverage shall be primary insurance as respects the City of Placentia, its officers, officials, agents, employees, and volunteers. Any other insurance maintained by the City of Placentia shall be excess and not contributing with the insurance provided by this policy."
(d) Any failure to comply with the reporting provisions of the policies shall not affect coverage provided to the City of Placentia, its officers, officials, agents, employees, and volunteers.
(e) The Consultant's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.

5.3. Deductible or Self -Insured Retention. If any of such policies provide for a deductible or self -insured retention to provide such coverage, the amount of such deductible or self -insured retention shall be approved in advance by City. No policy of insurance issued as to which the City is an additional insured shall contain a provision which requires that no insured except the named insured can satisfy any such deductible or self -insured retention.

5.4. Certificates of Insurance. Consultant shall provide to City certificates of insurance showing the insurance coverages and required endorsements described above, in a form and content approved by City, prior to performing any services under this Agreement. The certificates of insurance and endorsements shall be attached hereto as Exhibit "B" and incorporated herein by this reference.

5.5. Non -limiting . Nothing in this Section shall be construed as limiting in any way, the indemnification provision contained in this Agreement, or the extent to which Consultant may be held responsible for payments of damages to persons or property.

6.0. GENERAL PROVISIONS

6.1. Entire Agreement. This Agreement constitutes the entire agreement between the parties with respect to any matter referenced herein and supersedes any and all other prior writings and oral negotiations. This Agreement may be modified only in writing and signed by the parties in interest at the time of such modification. The terms of this Agreement shall prevail over any inconsistent provision in any other contract document appurtenant hereto, including exhibits to this Agreement.

6.2. Representatives. The City Administrator or his or her designee shall be the representative of City for purposes of this Agreement and may issue all consents, approvals, directives and agreements on behalf of the City, called for by this Agreement, except as otherwise expressly provided in this Agreement.

Consultant shall designate a representative for purposes of this Agreement who shall be authorized to issue all consents, approvals, directives and agreements on behalf of Consultant called for by this Agreement, except as otherwise expressly provided in this 7 RBI TRAFFIC INC
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Agreement.

6.3. Proiect Managers. City shall designate a Project Manager to work directly with Consultant in the performance of this Agreement. It shall be the Consultant's responsibility to assure that the Project Manager is kept informed of the progress of the performance of the services and the Consultant shall refer any decision, which must be made by City, to the Project Manager. Unless otherwise specified herein, any approval of City required hereunder shall mean the approval of the Project Manager.

Consultant shall designate a Project Manager who shall represent it and be its agent in all consultations with City during the term of this Agreement and who shall not be changed by Consultant without the express written approval by the City. Consultant or its Project Manager shall attend and assist in all coordination meetings called by City.

6.4. Notices. Any notices, documents, correspondence or other communications concerning this Agreement, or the work hereunder may be provided by personal delivery, facsimile or if mailed, shall be addressed as set forth below and placed in a sealed envelope, postage prepaid, and deposited in the United States Postal Service_ Such communication shall be deemed served or delivered: a) at the time of delivery if such communication is sent by personal delivery; b) at the time of transmission if such communication is sent by facsimile; and c) 72 hours after deposit in the U.S. Mail as reflected by the official U.S. postmark if such communication is sent through regular United States mail.

IF TO CONSULTANT:

RBI Traffic Inc
1515 Garreston Avenue
Corona, CA 92879
Tel: 951-264-1963
Attn: William J. Beardsley III, T.E
IF TO CITY:

City of Placentia
401 E. Chapman
Placentia, CA 92870
Tel: 714-993-8148
Attn: Luis Estevez, Acting Deputy
City Administrator

6.5. Attorneys' Fees. In the event that litigation is brought by any party in connection with this Agreement, the prevailing party shall be entitled to recover from the opposing party all costs and expenses, including reasonable attorneys' fees, incurred by the prevailing party in the exercise of any of its rights or remedies hereunder or the enforcement of any of the terms, conditions, or provisions hereof.

6.6. Governing Law. This Agreement shall be governed by and construed under the laws of the State of California without giving effect to that body of laws pertaining to conflict of laws. In the event of any legal action to enforce or interpret this Agreement, the parties hereto agree that the sole and exclusive venue shall be a court of competent jurisdiction located in Orange County, California. Consultant agrees to submit to the personal jurisdiction of such court in the event of such action.

6.7. Assignment. Consultant shall not voluntarily or by operation of law assign, transfer, sublet or encumber all or any part of Consultant's interest in this Agreement without City's prior written consent. Any attempted assignment, transfer, subletting or encumbrance 8 RBI TRAFFIC INC
Rev. 08/2017

shall be void and shall constitute a breach of this Agreement and cause for termination of this Agreement. Regardless of City's consent, no subletting or assignment shall release Consultant of Consultant's obligation to perform all other obligations to be performed by Consultant hereunder for the term of this Agreement.

6.8. Indemnification and Hold Harmless. Consultant agrees to defend, indemnify, hold free and harmless the City, its elected and appointed officials, officers, agents and employees, at Consultant's sole expense, from and against any and all claims, demands, actions, suits or other legal proceedings brought against the City, its elected and appointed officials, officers, agents and employees arising out of the performance of the Consultant, its employees, and/or authorized subcontractors, of the work undertaken pursuant to this Agreement. The defense obligation provided for hereunder shall apply whenever any claim, action, complaint or suit asserts liability against the City, its elected and appointed officials, officers, agents and employees based upon the work performed by the Consultant, its employees, and/or authorized subcontractors under this Agreement, whether or not the Consultant, its employees, and/or authorized subcontractors are specifically named or otherwise asserted to be liable. Notwithstanding the foregoing, the Consultant shall not be liable for the defense or indemnification of the City for claims, actions, complaints or suits arising out of the sole active negligence or willful misconduct of the City. This provision shall supersede and replace all other indemnity provisions contained either in the City's specifications or Consultant's Proposal, which shall be of no force and effect.

6.9. Independent Contractor. Consultant is and shall be acting at all times as an independent contractor and not as an employee of City. Consultant shall have no power to incur any debt, obligation, or liability on behalf of City or otherwise act on behalf of City as an agent. Neither City nor any of its 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, or in any manner, represent that it or any of its or employees are in any manner agents or employees of City, Consultant shall secure, at its sole expense, and be responsible for any and ali payment of Income Tax, Social Security, State Disability Insurance Compensation, Unemployment Compensation, and other payroll deductions for Consultant and its officers, agents, and employees, and all business licenses, if any are required, in connection with the services to be performed hereunder. Consultant shall indemnify and hold City harmless from any and all taxes, assessments, penalties, and interest asserted against City by reason of the independent contractor relationship created by this Agreement. Consultant further agrees to indemnify and hold City harmless from any failure of Consultant to comply with the applicable worker's compensation laws. City shall have the right to offset against the amount of any fees due to Consultant under this Agreement any amount due to City from Consultant as a result of Consultant's failure to promptly pay to City any reimbursement or indemnification arising under this paragraph.

6.10. PERS Eligibility Indemnification. 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.
9 RBI TRAFFIC INC
Rev. 08/2017

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.

6.11. Cooperation. In the event any claim or action is brought against City relating to Consultant's performance or services rendered under this Agreement, Consultant shall render any reasonable assistance and cooperation which City might require.

6.12. Ownership of Documents. Ail findings, reports, documents, information and data including, but not limited to, computer tapes or discs, preliminary notes, working documents, files and tapes furnished or prepared by Consultant or any of its subcontractors in the course of performance of This Agreement, shall be and remain the sole property of City. Consultant agrees that any such documents or information shall not be made available to any individual or organization without the prior consent of City but shall be made available to the City within ten (10) days of request or within ten (10) days of termination. Any use of such documents for other projects not contemplated by this Agreement, and any use of incomplete documents, shall be at the sole risk of City and without liability or legal exposure to Consultant. City shall indemnify and hold harmless Consultant from all claims, damages, losses, and expenses, including attorneys' fees, arising out of or resulting from City's use of such documents for other projects not contemplated by this Agreement or use of incomplete documents furnished by Consultant.

Consultant shall deliver to City any findings, reports, documents, information, data, preliminary notes and working documents, in any form, including but not limited to, computer tapes, discs, files audio tapes or any other Project related items as requested by City or its authorized representative, at no additional cost to the City. Consultant or Consultant's agents shall execute such documents as may be necessary from time to time to confirm City's ownership of the copyright in such documents.

6.13. Public Records Act Disclosure. Consultant has been advised and is aware that this Agreement and all reports, documents, information and data, including, but not limited to, computer tapes, discs or files furnished or prepared by Consultant, or any of its subcontractors, pursuant to this Agreement and provided to City may be subject to public disclosure as required by the California Public Records Act (California Government Cade Section 6250 et seq.).

Exceptions to public disclosure may be those documents or information that qualify as trade secrets, as that term is defined in the California Government Code Section 6254.7, and of which Consultant informs City of such trade secret. The City will endeavor to maintain as confidential all information obtained by it that is designated as a trade secret. The City shall not, in any way, be liable or responsible for the disclosure of any trade secret including, without limitation, those records so marked if disclosure is deemed to be required by law or by order of the Court.

6.14. Conflict of Interest. Consultant and its officers, employees, associates and subconsultants, if any, will comply with all conflict of interest statutes of the State of California applicable to Consultant's services under this agreement, including, but not limited to, the Political Reform Act (Government Code Sections 81000, et seq.) and Government Code Section 1090. During the term of this Agreement, Consultant and its officers, employees, associates and subconsultants shall not, without the prior written approval of the City Representative, perform work for another person or entity for whom Consultant is not currently performing work that would require Consultant or one of its officers, employees, associates or 10 RBI TRAFFIC INC
Rev. 08/2017

subconsultants to abstain from a decision under this Agreement pursuant to a conflict of interest statute.

6.15. Responsibility for Errors. Consultant shall be responsible for its work and results under this Agreement. Consultant, when requested, shall furnish clarification and/or explanation as may be required by the City's representative, regarding any services rendered under this Agreement at no additional cost to City. In the event that an error or omission attributable to Consultant occurs, then Consultant shall, at no cost to City, provide all necessary design drawings, estimates and other Consultant professional services necessary to rectify and correct the matter to the sole satisfaction of City and to participate in any meeting required with regard to the correction.

6.16. Prohibited Employment. Consultant will not employ any regular employee of City while this Agreement is in effect.

6.17. Order of Precedence. In the event of an inconsistency in this Agreement and any of the attached Exhibits, the terms set forth in this Agreement shall prevail. If, and to the extent this Agreement incorporates by reference any provision of any document, such provision shall be deemed a part of this Agreement. Nevertheless, if there is any conflict among the terms and conditions of this Agreement and those of any such provision or provisions so incorporated by reference, the conflict shall be resolved by giving precedence in the following order, if applicable: This Agreement, the City's Request for Proposals, the Consultant's Proposal.

6.18. Costs. Each party shall bear its own costs and fees incurred in the preparation and negotiation of this Agreement and in the performance of its obligations hereunder except as expressly provided herein.

6.19. No Third Party Beneficiary Rights. This Agreement is entered into for the sole benefit of City and Consultant and no other parties are intended to be direct or incidental beneficiaries of this Agreement and no third party shall have any right in, under or to this Agreement.

6.20. Headings. Paragraphs and subparagraph headings contained in this Agreement are included solely for convenience and are not intended to modify, explain or to be a full or accurate description of the content thereof and shall not in any way affect the meaning or interpretation of this Agreement.

6.21. Construction. The parties have participated jointly in the negotiation and drafting of this Agreement. In the event an ambiguity or question of intent or interpretation arises with respect to this Agreement, this Agreement shall be construed as if drafted jointly by the parties and in accordance with its fair meaning. There shall be no presumption or burden of proof favoring or disfavoring any party by virtue of the authorship of any of the provisions of this Agreement.

6.22. Amendments. Only a writing executed by the parties hereto or their respective successors and assigns may amend this Agreement.

6.23. Waiver. The delay or failure of either party at any time to require performance or compliance by the other of any of its obligations or agreements shall in no way be deemed a waiver of those rights to require such performance or compliance. No waiver of any provision of 11 RBI TRAFFIC INC
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this Agreement shall be effective unless in writing and signed by a duly authorized representative of the party against whom enforcement of a waiver is sought. The waiver of any right or remedy in respect to any occurrence or event shall not be deemed a waiver of any right or remedy in respect to any other occurrence or event, nor shall any waiver constitute a continuing waiver.

6.24. Severability. If any provision of this Agreement is determined by a court of competent jurisdiction to be unenforceable in any circumstance, such determination shall not affect the validity or enforceability of the remaining terms and provisions hereof or of the offending provision in any other circumstance. Notwithstanding the foregoing, if the value of this Agreement, based upon the substantial benefit of the bargain for any party, is materially impaired, which determination made by the presiding court or arbitrator of competent jurisdiction shall be binding, then both parties agree to substitute such provision(s) through good faith negotiations.

6.25. Counterparts. This Agreement may be executed in one or more counterparts, each of which shall be deemed an original. All counterparts shall be construed together and shall constitute one agreement.

6.26. Corporate Authority. The persons executing this Agreement on behalf of the parties hereto warrant that they are duly authorized to execute this Agreement on behalf of said parties and that by doing so the parties hereto are formally bound to the provisions of this Agreement.

IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed by and through their respective authorized officers, as of the date first above written.

CITY OF PLACENTIA,
A municipal corporation
lC __
Damien R. Arrula, City Administrator
ATTEST:

Robert S. McKinnell, City Clerk and ex -officio Clerk
of the City of Placentia

CONSULTANT
Signature
Wi ham , . Beards
Name and Title
ey. I
. President
12 Date: I2 : i ;`I�
. r
Date: 11/4/2020

RBI TRAFFIC INC
Rev. 08/2017

46-3302456
Social Security or Taxpayer ID Number

APPROVED AS TO F

11.r�
Christian L. Bettenhausen, City Attorney
APPROVED AS TO INSURANCE:
7 ,c
q anna Ramirez, Deput City Administrator
APPROVED AS TO CONTENT:

Masoud -p' I, • iry- Engineer
DEPA"I ME i AP" "OVAL:

Date:

IV/ fla-o 9-O
Date: /Z -1-/-2.0 ZD
Date:

Date:

Luis Estevez, Acting De uty City Administrator
13 Oh Vat)
///q/7 --t7

RBI TRAFFIC INC
Rev. 08/2017

EXHIBIT A

CONSULTANT'S PROPOSAL AND SCOPE OF WORK
14 RBI TRAFFIC INC
Rev. 08/2017

'TRAFFIC
lC
RBI Traffic, Inc.
1515 Garretson Ave.

Corona, CA 92879
Voice: 951.264.1963
Web: RBITraffic.com
November 2, 2020
City of Placentia
401 E. Chapman Ave.

Placentia, CA 92870
Attn: Luis Estevez — Director of Public Works
Dear Mr. Estevez;
Thank you very much for this opportunity to propose on providing the City of Placentia with contract Traffic Engineering services as set forth below. It is understood that RBI Traffic, Inc. is specially trained, experienced and competent to perform the special services which will be required by this scope of services. In addition, it is understood that the consultant possesses the skill, experience, ability, background, certification and knowledge to provide the services and the terms and conditions described below:
• Review, approve and "Redline" as needed, engineering designs for street, traffic signals, traffic control plans, layout of streets or public works projects as assigned.
• Review, approve and "Redline" as needed, Traffic Impact Studies and other traffic related documents for development projects as assigned. • Provide General Traffic Engineering Services as assigned on an "On Call" basis.

The proposed fee for the above services shall be at a rate of $150/hour.

If you have any questions or need further assistance, please do not hesitate to contact the undersigned at the above number or by email at [email protected].

Sincerely,
AX --)&‘-)(q5
William J. B ardsley Itl, T.E.

Traffic Engineer

EXHIBIT B

CERTIFICATES OF INSURANCE AND ENDORSEMENTS
15 RBI TRAFFIC INC
Rev. 08/2017

AC Ra n®

CERTIFICATE OF LIABILITY INSURANCE

DATE (MMIDD/YYYY)
11 /18/2020
THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

CERTIFICATE DOES NOT AFFIRMATIVELY OR NEGATIVELY AMEND, EXTEND OR ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW. THIS CERTIFICATE OF INSURANCE DOES NOT CONSTITUTE A CONTRACT BETWEEN THE ISSUING INSURER(S), AUTHORIZED REPRESENTATIVE OR PRODUCER, AND THE CERTIFICATE HOLDER.

IMPORTANT: IF the certificate holder is an ADDITIONAL. INSURED, the policy(ies) must be endorsed. If SUBROGATION IS WAIVED, subject to the terms and conditions of the policy, certain policies may require an endorsement. A statement on this certificate does not confer rights to the certificate holder In lieu of such endorsement(s).

PRODUCER
Dealey, Renton & Associates
DRA License 0020739
P. O. Box 12675
Oakland CA 94604-2675

INSURED
RBI Traffic
1515 Garretson
Corona CA 92880

COVERAGES

RBITRAFFI

CONTACT
NAME; Tina Norman
HO
AltAQ.E m714-427-3485 - I I C Nol: 714427-8810
EMAIL Tnormaii Rl]DRE�__. deal@'[email protected]]T!)
INSURERISI AFFORDING COVERAGE NAIC #
INSURER A: Travelers Casualty and Surety Co of America 31194 INSURER e,qSentinel Insurance Company 11000
INSURER c : Hartford Accident and Indemnity Company 22357 INSURER D :

INSURER E :

INSURER F
CERTIFICATE NUMBER: 874266875 REVISION NUMBER:

THIS IS TO CERTIFY THAT THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWITHSTANDING ANY REQUIREMENT TERM OR CONDITION OF ANY CONTRACT OR OTHER DOCUMENT WITH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN. THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS,

INS ADM, SUER

LTR TYPE OF INSURANCE POLICY VFF POLICY EXP
t_1rl.tia�DlD POLICY NUMBER iIS7M/DDf1'1'YY] {MNWQlYYYY) LIMITS B X
B
C
A

COMMERCIAL GENERAL LIABILITY
CLAIMS -MADE [ X I OCCUR
GENT AGGREGATE LIMIT APPLIES PER:

POLICY! X 'S@&
OTHER

AUTOMOBILE LIABILITY
7 ANY AUTO

ALL OWNED
AUTOS

X HIRED AUTOS
LOC

SCHEDULED
AUTOS

X NON -OWNED
AUTOS

UMBRELLA LIAB OCCUR

EXCESS LIAB CLAIMS -MADE

LIED I I RETENTION S

WORKERS COMPENSATION

AND EMPLOYERS' LIABILITY

ANY PROPRIETOR/PARTNER/EXECUTIVE
OFFICER/MEMBER EXCLUDED?
(Mendalory In NH)
U yes, describe under
DESCRIPTION OF OPERATIONS below
Professional Liability
Claims Made
Y
Y
Y
N/A
Y 57SBWBM3947
Y
Y
5788 WBM3947
57WEGAE2DHH
105369942
11/15/2020
11/15/2020
11/15/2020
11/15/2020
11/15/2021
11/15/2021
11/15(2021
11/15/2021

EACH OCCURRENCE

DAMAGE TO RENTED
.t?BEMISES IgAInS grerK:a] $ 1.000.000
i 1,000,000
MED EXP (Any one Persen) S 10,000
PERSONAL & ADV INJURY 5late 40D
GENERAL AGGREGATE 5 2.000,000
PRODUCTS -COMP/OP AGG E2,000,00D
• NED SINGLE LIMIT
BODILY INJURY (Per person)
BODILY INJURY (Per accident)
1 11
$1.020!094.
$

EACH OCCURRENCE

AGGREGATE
$
S
X I_$ IVTt_ I I '
! L EACH ACCIDENT

E L DISEASE - EA EMPLOYEE
E L DISEASE • POLICY LIMIT
$1,000,000
$2,000,000
5 S 4.000.000
$ 1.000.000 _
$1,oco,Ol7o
Per Claim
Annl. Aggr
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached If more space Is required) All Operations
City of Placentia its elected and appointed boards, officers, officials, employees, agents and volunteers Is named as Additional Inured as respects General Liability and Auto Liability. Insurance is Primary/Non-Contributory per policy wording, and Severability of interest applies. Waiver of Subrogation applies to Workers Compensation. General Liability and Auto Liability. See Endorsements attached. 30 Days Notice of Cancellation CERTIFICATE HOLDER CANCELLATION 30 bay Notice of Cancellation City of Placentia
401 E. Chapman Ave
Placentia CA 92870
ACORD 25 (2014/01)

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

THE EXPIRATION DATE THEREOF, NOTICE WILL BE DELIVERED IN ACCORDANCE WITH THE POLICY PROVISIONS.

AVM OR+ZED REPRESENrA11VE
J-14`vxw
© 1988-2014 ACORD CORPORATION. All rights reserved.

The ACORD name and logo are registered marks of ACORD

THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57 WEG AE2DHH Endorsement Number:

Effective Date: 11/15/20 Effective hour is the same as stated on the Information Page of the policy Named Insured and Address: RBI Traffic Inc
1515 GARRETSON AVE
CORONA CA 92879
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

The additional premium for this endorsement shall be 2 % of the California workers' compensation premium otherwise due on such remuneration.

SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.

Process Date: 10/06/20 Policy Expiration Date: 11/15/21

POLICY NUMBER: 57SBWBM3947

BUSINESS LIABILITY COVERAGE
SS000!30405

ADDITIONAL COVERAGES BY WRITTEN CONTRACT, AGREEMENT OR PERMIT This is a summary of the coverage provided under the following form (complete form available):

BUSINESS LIABILITY COVERAGE FORM SS 00 08 04 05
Additional Insured When Required by Written Contract, Written Agreement or Permit WHO IS AN INSURED under Section C. is amended to include as an additional insured, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In the performance of your ongoing operations;
(b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products completed operations hazard", but only if
(i) The written contract or written agreement requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products completed operations hazard".

The person(s) or organization(s) are additional insureds when you have agreed, in a written contract, written agreement or because of a permit issued by a state or political subdivision, that such person or organization be added as an additional insured on your policy, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit.

A person or organization is an additional insured under the provision only for that period of time required by the contract, agreement or permit.

With respect to the insurance afforded to the additional insured, this insurance does not apply to: "Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of, or failure to render, any professional architectural, engineering or surveying services, including:
(a) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specification: or (b) Supervisory, inspection, architectural or engineering activities.

The limits of insurance that apply to additional insureds are described in Section D. Limits Of Insurance.

How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. Liability And Medical Expenses General Conditions.

No person or organization is an insured with respect to the conduct of any current or past partnership, joint venture or limited liability company that is not shown as a Named Insured in the Declarations.

Other Insurance
If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows:

When You Add Others As An Additional Insured To This Insurance: That is other insurance available to an additional insured. However, the following provisions apply to other insurance available to any person or organization who is an additional insured under this Coverage Part:
(a) Primary Insurance When Required By Contract This insurance is primary if you have agreed in a written contract, written agreement or permit that this insurance be primary. If other insurance is also primary, we will share with all that other insurance by the method described in c. below.
(b) Primary And Non -Contributory To Other Insurance When Required By Contract: If you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with the additional insured's own insurance, this insurance is primary and we will not seek contribution from that other insurance.

Rev 5 14 Page 1 of 2

BUSINESS LIABILITY COVERAGE FORM Summary SS OO 38 34 3
Paragraphs (a) and (b) do not apply to other insurance to which the additional insured has been added as an additional insured.
c. Method Of Sharing
If all the other insurance permits contribution by equal shares, we will follow this method also. Under this approach, each insurer contributes equal amounts until it has paid its applicable limit of insurance or none of the loss remains, whichever comes first.

If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer's share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.

Waiver of Subrogation
If you have waived any rights of recovery against any person or organization for all or part of any payment, including Supplementary Payments, we have made under this Coverage Part, we also waive that right, provided you waived your rights of recovery against such person or organization in a contract, agreement or permit that was executed prior to the injury or damage
EXCERPT FROM Hartford Form SS 04 38 09 09

HIRED AUTO AND NON -OWNED AUTO
B. With respect to the operation of a "non -owned auto", WHO IS AN INSURED is replaced by the following: The following are "insureds":
d. Anyone liable for the conduct of an "insured", but only to the extent of that liability Rev 5.14 Page2of2

57SBWBM3947
EXCERPTS FROM: Fireman's Fund ABC MULTICOVER - AB 91 89 08 07

THIS ENDORSEMENT MODIFIES INSURANCE PROVIDED UNDER THE
FOLLOWING: AMERICAN BUSINESS COVERAGE

2. Blanket Additional Insured
Section II — Liability Coverage, Part I. Who Is An Insured, Item 2. is amended to include:
f. Any person or organization that you are required by a written insured contract to include as an insured, subject to all of the following provisions:
(1) Coverage is limited to their liability arising out of:
(a) the ownership, maintenance or use of that part of the premises, or land owned by, rented to, or leased to you; or
(b) your ongoing operations performed for that insured; or (c) that insured's financial control of you; or
(d) the maintenance, operation or use by you of equipment leased to you by such person(s) or organization(s)

4. Blanket Waiver of Subrogation
Section II — Liability Coverage, Part K. Liability and Medical Payments General Conditions, is amended to include:

6. Transfer or Rights of Recovery Against Others to us and Blanket Waiver of Subrogation
b. If required by a written insured contract, we waive any right of recovery we may have against any person or organization because of payments we make for injury or damage arising out of your operations or your work for that person or organization.

19. Common Policy Conditions (AB 00 09 A 01 87), Part H. Other Insurance, Item 2 is replaced with:

2. Coverage C — Liability
If other valid and collectible insurance is available to any insured for a loss we cover under Coverage C of this Coverage Part our obligations are limited as follows:
a. The insurance provided under this policy is primary if you are required by a written insured contract to include any person or organization as an insured, but only with respect to that insured's liability arising out of the ownership, maintenance, or use of that part of the premises owned by or rented to you, or your work for that insured by or for you. Any other insurance available to that person or organization is excess and noncontributory with this insurance.

EXCERPT FROM: PROPERTY/LIABILITY POLICY -- AB 90 00 12 93 II. K. 5. Separation of Insureds
Except with respect to the Limits of Insurance, and any rights or duties specifically assigned in this policy to the first Named Insured, this insurance applies:
a. As if each Named Insured were the only Named Insured; and b. Separately to each insured against whom claim is made or suit is brought.

TRAVELERS J Travelers 18t Choice 1t

DESIGN PROFESSIONALS LIABILITY COVERAGE

DECLARATIONS
POLICY NO. 105369942
Travelers Casualty and Surety Company of America
Hartford, CT 06183
(A Stock Insurance Company, herein called the Company)
Important note: This is a claims -made policy. To be covered, a claim must be first made against an insured during the policy period or any applicable extended reporting period.

The limit of liability available to pay settlements or judgments will be reduced by defense expenses. The deductible applies to defense expenses.

This policy is composed of the Declarations, the Professional Liability Coverage, the Professional Liability Terms and Conditions, and any endorsements attached thereto.

ITEM 1
NAMED INSURED:

RBI TRAFFIC INC
DBA:

Principal Address:
1515 GARRETSON AVE
CORONA, CA 92879
ITEM 2
ITEM 3
ITEM 4
POLICY PERIOD:

Inception Date: November 15, 2019 Expiration Date: November 15, 2022 12:01 A.M. standard time both dates at the Principal Address stated in ITEM 1.

ALL NOTICES PURSUANT TO THE POLICY MUST BE SENT TO THE COMPANY BY EMAIL, FACSIMILE, OR MAIL AS SET FORTH BELOW:

Email: [email protected]
FAX: 888-460-6622
Travelers Bond & Specialty Insurance Claim
385 Washington Street
Mail Code 9275-SB02F
St. Paul, MN 55102

COVERAGE
VCLUDED AS OF THE INCEPTION DATE IN ITEM 2:

Design Professionals Liability Coverage
D[ L-1000 Ed. 11-08 Printed in U.S.A.
©2008 The Travelers Companies, Inc. All Rights Reserved

ITEM 5

PROFESSIONAL LIABILITY COVERAGE LIMITS
ITEM 6
ITEM 7
ITEM 8
Professional Services and
Network and Information
Security Offenses
Coverage Limits:

Deductible;
Retroactive Date: N/A
$1,000,000 for each Claim; not to exceed
$2,000,000 for all Claims
Knowledge Date: November 15, 2007

ADDITIONAL BE

VEFITS LIMITS -
$0 each Claim
$ all Claims
Crisis Event
Expenses Limits $10,000 for each Crisis Event
$30,000 for all Crisis Events
Disciplinary or
Regulatory Proceeding
Expenses Limits:
$25,000 for each Disciplinary or Regulatory Proceeding
$50,000 for all Disciplinary or Regulatory Proceedings

PREMIUM FOR THE POLICY PERIOD
$21,006.00 Policy Premium
$7,002.00 Annual Installment Premium
OPTIONAL EXTENDED REPORTING PERIODS:

Additional Premium Percentage:
125%
185%
200%
240%
DPL-1000 Ed. 11-08 Printed in U S A.
©2008 The Travelers Companies, Inc. All Rights Reserved Additional Months:
12 24
36 60

ITEM 9 e''M ' ND EiVD�?RSEMENTS ATTACHED AT ISSUANCE
DPL-1001-1108; DPL-2019-0418; PTC-1001-1108; PTC-19007-0418; PTC-3004-1214 The Declarations, the Professional Liability Terms and Conditions, the Professional Liability Coverage, and any endorsements attached thereto, constitute the entire agreement between the Company and the Insured.

Countersigned By
IN WITNESS WHEREOF, the Company has caused this policy to be signed by its authorized officers. "await- 711 4) Vy_L_,
Executive Vice President
Corporate Secretary
DPL-1000 Ed. 11-08 Printed in U.S.A
©2008 The Travelers Companies, Inc. All Rights Reserved

RESOLUTION NO. R-2022-06

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF

PLACENTIA, CALIFORNIA, AUTHORIZING A BUDGET
AMENDMENT IN FISCAL YEAR 2021-21 IN COMPLIANCE

WITH CITY CHARTER OF THE CITY OF PLACENTIA
SECTIONS 1206 AND 1209 PERTAINING TO

APPROPRIATIONS FOR ACTUAL EXPENDITURES
A. Recitals.
(i). The adopted budget for the 2021-22 Fiscal Year sets out estimated appropriations for City expenses throughout the year.
(ii). From time to time the adopted budget must be adjusted when precise expenditures are finally determined or when estimated expenditures exceed projected costs allocated.
(iii). City Charter of the City of Placentia § 1206 authorizes the City Council to amend or supplement the budget by motion adopted by the affirmative votes of at least three members so as to authorize the transfer of unused balances appropriated for one purpose to another purpose, or to appropriate available revenues not included in the budget. All other legal prerequisites to the adoption of this Resolution have occurred.

B. Resolution.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF PLACENTIA DOES HEREBY FIND, DETERMINE AND RESOLVE AS FOLLOWS:

1. In all respects as set forth in the Recitals, Part A., of this Resolution.

2. The adopted budget for Fiscal Year 2021-22, Resolution No. R-2022-XX, is hereby amended to reflect the following expenditure of funds:

3. The Mayor shall sign this resolution, and the City Clerk shall attest and certify to the passage and adoption thereof.

Fund
Description
Department
GL Account
Amount
Type
General Fund
Department
Contract Services
Public Works
103590-6290
$20,000
Expense
General Fund
Engineering Fees
Community Services I
100000-4310
$20,000
Revenue
PASSED, ADOPTED AND APPROVED THIS 15h DAY OF FEBRUARY 2022.

Resolution R-2022-06

ATTACHMENT 3

Rhonda Shader, Mayor
ATTEST:

Robert S. McKinnell, City Clerk

STATE OF CALIFORNIA

COUNTY OF ORANGE
I, Robert S. McKinnell, City Clerk of the City of Placentia, do hereby certify that the foregoing resolution was adopted at a regular meeting of the City Council of the City of Placentia held on the 15th day of February 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

Councilmembers:

Councilmembers:

Councilmembers:

Councilmembers:

Robert S. McKinnell, City Clerk
APPROVED AS TO FORM:

Christian L Bettenhausen, City Attorney
Resolution R-2022-06 ATTACHMENT 3

Placentia City Council

AGENDA REPOR
TO: CITY COUNCIL
VIA: CITY ADMINISTRATOR
FROM: DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE DATE: FEBRUARY 15, 2022
SUBJECT: APPROVAL OF FINAL PARCEL MAP NO. 2013-147 PERTAINING TO THE SUBDIVISION OF AN APPROXIMATELY 0.42 ACRE (18,400 SQUARE FEET)

LOT INTO THREE PARCELS LOCATED ON VINCENTE AVENUE IN THE CITY

OF PLACENTIA
FISCAL
IMPACT: NONE
SUMMARY:

At the Planning Commission meeting held on January 12, 2021, the Planning Commission voted to recommend approval of Tentative Parcel Map (TPM) 2013-147. Parcel Map No. 2013-147, which creates four (4) separate adjacent parcels for the construction of new single-family homes on Vincente Avenue, is hereby submitted for consideration and approval and for recordation with the Orange County Clerk -Recorder's Office.

RECOMMENDATION:

It is recommended that City Council take the following actions:

1. Find that recording of Parcel Map No. 2013-147 will not be in violation of any of the provisions of Section 66474, 66474.1 or 66474.2 of the Subdivision Map Act (California Government Code Section 66400, et seq.); and

2. Find that the proposed development, together with the provisions for its design and improvement, is consistent with the General Plan required by Article 5 (commencing with Section 65300) of Chapter 3 of Division 1 of the California Government Code, or any specific plan adopted pursuant to Article 8 (commencing with Section 65450) of Chapter 3 of Division 1 of the California Government Code; and

3. Direct the City Clerk to endorse, on the face of Parcel Map No. 2013-147, the certificate which embodies the approval of said map, and submit the map to the County Recorder of Orange County for recording.

1. i.

Feb. 15, 2022

City Council Agenda
February 15, 2022

DISCUSSION:

Placentia Municipal Code (PMC) Section 22.80.010(a) requires a Parcel Map for all subdivisions of four (4) or fewer parcels and PMC Section 22.80.060(c) requires that the Planning Commission take action to recommend to the City Council conditional approval or denial of a subdivision map.

At the Planning Commission meeting held January 12, 2021, the Planning Commission voted to recommend approval of TPM 2018-201 to the City Council.

Parcel Map 2013-147 involves the subdivision of a +I- 0.42 acre (18,400 square feet) lot into 3 lots and a remainder parcel located on the south side of Vincente Avenue between Van Buren Street and Maria Avenue (APN No. 346-172-0T) in the R-1 (O) (Single - Family Residential - Oil Combining Districts) which is a development type that is consistent with the "R-1" Single Family Residential Zone and the General Plan.

Recording of the Parcel Map is required by City Engineering Division Special Conditions and by the requirements of Sections 66426 and 66429 of the Subdivision Map Act. The applicant has prepared the Parcel Map for said development and has submitted it to the City for approval and recording. The City Engineer has reviewed the submitted Parcel Map No. 2013-147 and all associated documentation and is satisfied that the Parcel Map substantially complies with the tentative map and the conditions of approval.

The Orange County Surveyor has also reviewed and approved said Parcel Map No. 2013-147 and has certified to the technical correctness and its compliance with the provisions of the Subdivision Map Act.

Prepared by:

Masoud Sep
City Engine
Reviewed and approved:

Damien R. Arrula - Y'
City Administrator
Attachment:

Parcel Map No. 2013-147
Reviewed and appr
Luis Estevez
Deputy City Administrator
e

SHEET 1 OF 2 SHEETS
ALL OF TENTATIVE PARCEL MAP NO. 2013-147
PARCELS = 4 NUMBERED
AREA: 19,196 SF.

DATE OF SURVEY: FEBRUARY, 2016
DATE OF RE -SURVEY: JANUARY, 2019
PARCEL MAP NO. 2013-147

IN THE CITY OF PLACENTIA

COUNTY OF ORANGE, STATE OF CALIFORNIA
BEING A SUBDIVISION OF A PORTION OF LOT 38 OF HAZARD'S SUBDIVISION, AS SHOWN ON A MAP FILED IN BOOK 1, PAGE 26 OF UCENSED SURVEYOR'S MAPS, IN THE OFFICE OF THE COUNTY RECORDER OF SAID COUNTY.

JACK C. LEE, PLS 8407

FOR SUBDIVISION PURPOSES
OWNERSHIP CERTIFICATE:

WE, THE UNDERSIGNED, BEING ALL THE PARTIES HAVING ANY RECORD TITLE INTEREST IN THE LAND

COVERED BY THIS MAP, DO HEREBY CONSENT TO PREPARATION AND RECORDATION OF SAID MAP, AS SHOWN WITHIN THE DISTINCTIVE BORDER UNE.

WE HEREBY DEDICATE TO THE CITY OF PLACENTIA THE EASEMENT FOR STREET PURPOSES:

VINCENTE AVENUE

INGRESS AND EGRESS EASEMENT FOR THE BENEFIT OF CITY OF PLACENTIA,

LEE (OWNER)
R)
NOTARY ACKNOWLEDGEMENT:

A NOTARY PUBLIC OR OTHER OFFICER COMPLETING THIS CERTIFICATE VERIFIES ONLY THE IDENTITY

OF THE INDIVIDUAL WHO SIGNED THE DOCUMENT TO WHICH THIS CERTIFICATE IS ATTACHED, AND NOT THE TRUTHFULNESS. ACCURACY, OR VALIDITY OF THAT DOCUMENT.

STATE OF CAUFORNIA
COUNTY OF M@ANA6
) 55
ON ��E,pYPJ4MEL 5. 3.LL BEFOT$ ME Si •T(SLD MR(P A NOTARY PUBLIC, PEREL�IHIT APPEARED HIM GU*A NAILS PROSED TO ME ON THE

BASIS OF SATISFACTORY EVIDENCE TO BE THE PERSON(S) WHOSE NAME(S) IS/ARE SUBSCRIBED TO THE NIOUB INSTROUETIT AN9 ACRNONLEOGED TO ME THAT HE/SHE/THE( EXECUTED THE SAME IN M151"IIER/DIEMI ALFTNORIZEO CWAOLLYWS) AND THAT BY IRSAKTt/TNENR SIGNATURE(S) ON THE

INSTRUMENT THE PERSON(S), OR THE ENTITY UPON BEHALF OF WHICH THE PERSON(S) ACTED, EXECUTED THE 9NS11GIENT,
I CERTIFY UNDER PEMN,ST OF PERJURY *DER THE LAWS. OF THE STATE OF CALIFORNIA THAT THE FOREGOING MMNM(NBNAI Egy(E9E AHO CENUKCT.

WITNESS rjT
NAME:
�. fr:

EALOTDi

NOTARY PUBLIC MI MAD ANNA
AA10 STATE
-- /

MY PRINCIPAL PLACE OF BUSINESS IS IN
ORANGE COUNTY.

MY COMMISSION EXPIRES: 4
nR . 4N
MY COMMISSION NIT +71111.}
SIGNATURE OMISSION NOTES:

PURSUANT TO THE PROVISIONS OF SECTION 66436, (c)(3)(A)(I-VIII) OF THE SUBDIVISION MAP ACT, THE FOLLOWING SIGNATURES HAVE BEEN OMITTED.

SANTOS MORAGA, HOLDER OF A RIGHT OF WAY EASEMENT FOR PIPE UNES PURPOSES, BY DOCUMENT RECORDED MARCH 25, 1924, IN BOOK 521, PAGE 83 OF DEEDS, RECORDS OF ORANGE COUNTY.

SAID EASEMENT CAN NOT BE LOCATED FROM RECORDS.

B.C. GRIDLEY AND RUTH M. GRIDLEY, HOLDER OF AN EASEMENT FOR PIPE LINES, POWER AND TELEPHONE LINES PURPOSES, BY DOCUMENT RECORDED SEPTEMBER 24, 1929, IN BOOK 30B, PAGE 436 OF DEEDS, RECORDS OF ORANGE COUNTY.

HERMAN 0. KRUEGER AND DORIS KRUEGER, HOLDER OF AN EASEMENT FOR PIPE UNES, POWER AND TELEPHONE LINES PURPOSES, BY DOCUMENT RECORDED SEPTEMBER 24, 1929, IN BOOK 308, PAGE 430 OF DEEDS, RECORDS OF ORANGE COUNTY.

COUNTY OF ORANGE, A CALIFORNIA MUNICIPAL CORPORATION, HOLDER OF AN EASEMENT FOR RIGHT OF WAY AND INCIDENTAL PURPOSES, BY DOCUMENT RECORDED JUNE 28, 1968, AS INSTRUMENT NO. 18592, IN BOOK 8644, PAGE 595, OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY.

PURSUANT TO THE PROVISIONS OF SECTION 86436(0)(30) OF THE SUBDIVISION MAP ACT, THE FOILDNING SIGNATURES HAVE BEEN OMITTED.

HATHAWAY COMPANY, A CAUFORNIA CORPORATION, HOLDER OF THE LESSEE UNDER AN OIL AND GAS LEASE, BY DOCUMENT RECORDED JULY 26, 1965 IN BOOK 7606, PAGE 735 AND AMENDED ON OCTOBER 4 1965 IN BOOK 7089, PAGE 711, BOTH OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY.

WEST COAST REFINING COMPANY, A CALIFORNIA CORPORATION, HOLDER OF THE LESSEE UNDER AN OIL AND GAS LEASE, BY DOCUMENT RECORDED DECEMBER 2, 1964. IN BOOK 7327, PAGE 788 OF OFFICIAL RECORDS, RECORDS OF ORANGE COUNTY.

COUNTY TREASURER - TAX COLLECTOR'S CERTIFICATE:

STATE OF CALIFORNIA )
) 55

COUNTY OF ORANGE )
1 FEpE]Y GERM). THAT ACCORDING TO THE RECORDS OF MY CME, RIDE ME RD 11145 APART DC LOG COVERED DT 161' YAP CR ANY DM MAW ER INPAC STATE. CRTOTTY, IWA/NAL 1IA =AL TOES OR SPECIAL ASSESSMENTS CLAIMED AS TIME, E%CFAT TOES OR W099. ASEBBVIS COMM AS LOIS NOT YET PAYABLE

PSG DO CERTIFY TO THE RECORDER OF ORANGE COUNTY THAT THE PROVISIONS OF IRE SUBOIMSON MAP ACT HAVE BEEN

COMPLIED NTH REGARDING DEPOSITS TO SECURE PAYMENT OF TAXES OR SPECIAL ASSESSMENTS COLLECTED AS TAXES ON THE LAND COVERED BY THIS MAP.

DAUB De OAT CF
SLAT.{ FIE6IRIgOI BY:

COUNTY TREASURER - TAX COLLECTOR TREASURER -TAX COLLECTOR SURVEYOR'S STATEMENT:

ACCEPTED AND FILED AT THE

REQUEST OF

FIDELITY NATIONAL TITLE INSURANCE COMPANY
DATE

TIME FEE S
IIISINJAPIR ND.

BOOK
BY
PAGE

HUGH NGUYEN

COUNTY CLEW( - RECORDER
DEPUTY

THIS MAP WAS PREPARED BY ME OR UNDER MY DIRECTION AND IS BASED UPON A FIELD SURVEY IN

CONFORMANCE WITH THE REQUIREMENTS OF THE SUBDIVISION MAP ACT AND LOCAL ORDINANCE AT THE REQUEST OF ANDY 1E OF TE FAMILY INVESTMENTS LLC, IN FEBRUARY, 2018. I HEREBY STATE

THAT ALL MONUMENTS ARE OF THE CHARACTER AND OCCUPY THE POSITIONS INDICATED OR THAT THEY MILL BE SET IN SUCH POSITIONS WITHIN ONE YEAR AFTER MAP RECORDATION; AND THAT SAID MONUMENTS ARE SUFFICIENT TO ENABLE THE SURVEY TO BE RETRACED. I HEREBY STATE THAT THIS

PARCEL MAP SUBSTANTIALLY CONFORMS TO THE APPROVED OR CONDITIONALLY APPROVED TENTATIVE MAP, IF ANY.
c
_AA,: ' 0•0z/
JACH C. LEE. LS 6407 DATE:

ETUHPIESI 6_79-702."
CITY ENGINEER'S STATEMENT:

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND IT TO BE SUBSTANTIALLY IN CONFORMANCE MTH THE TENTATIVE MAP, P REQUIRED, AS REED NTH, AMENDED AND APPROVED BY THE CITY PLANNING COMMISSION; THAT ALL

PROVISIONS OF THE SUBDIVISION MAP ACT ANO CITY SUBDIVISION REGULATIONS HAVE BEEN COMPLIED WITH DATED THIS DAY OF MERE ei NIQLIZ 2021
R.C E NO. 52706
EXPIRATON DATE 12/31/2022
CITY SURVEYOR'S STATEMENT:

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP ANO HAVE FOUND THAT IT CONFORMS WITH MAPPING PROVISIONS OF

THE SUBDIVISION MAP ACT AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT B ALL RESPECTS NOT STATED TO BY THE COUNTY SURVEYOR.

DATED THIS (c. DAY OF Al V&A c 2021
SENµ3 W. JAHDA. P.L.S.

MAMMON OATS: 0ECEM 31. 2022
CITY SIUTENYOR - COY O FRAAT177NTA
CITY CLERK'S CERTIFICATE:

STATE OF CALIFORNIA )
Ott OF PLACENTA S5 )

COUNTY OF ORANGE )

I HEREBY CERTIFY THAT THIS MAP WAS PRESENTED FOR APPROVAL TO THE OTY COUNCIL OF THE CITY OF PLACENTIA AT A REGULAR MEETING THEREOF HELD ON THE DAY OF 2021 AND THAT THEREUPON SAID COUNCIL OD, BY AN ORDER DULY PASSED AND ENTERED, APPROVE SAID NAP.

AND DID ACCEPT ON BEHALF OF THE CRY OF PLACENTA THE EASEMENT FOR STREET PURPOSES WEENIE AVENUE AND DID ALSO APPROVE SUBJECT MAP PURSUANT TO THE PROWBONS OF SECTION 6643B(0)(3)CA) OF THE SUBOWSION MAP ACT.

DATED THIS DAY OF 2021
ROBERT S. McKINNELL
CITY CLERK — CITY OF PLACENTIA
CITY CLERK'S CERTIFICATE ABANDONMENT NOTE:

WE ALSO HEREBY AMAIC(W, PI1RR119NF TO 5ECi1Gi 6EAAA(0 CF THE 9 :CDR N RIP ACT, THE IMBUE EASEMENT PER maw Ojlp REMOTE ASE 28, 1966 AS NOMMOTT UR 18592, IN BOOK 8644, PAGE 595, OF OFFICIAL RECORDS, ;EOM OF CRAKE MARL,
DATED THIS DAY OF , 2021
ROBERT S McKINNELL
CITY CLERK — CITY OF PLACENTIA
COUNTY SURVEYOR'S STATEMENT:

I HEREBY STATE THAT I HAVE EXAMINED THIS MAP AND HAVE FOUND THAT ALL MAPPING

PROVISIONS OF THE SUBDIVISION MAP ACT HAVE BEEN COMPLIED WITH AND I AM SATISFIED SAID MAP IS TECHNICALLY CORRECT RELATIVE TO THE PARCEL MAP BOUNDARY.

DATED THIS DAY OF 2021
KEVIN R. HILLS, COUNTY SURVEYOR
LS 0617
BY: ULY M. N, SANDBERG, DEPUTY COUNTY SURVEYOR
P.L.S. 8402
ATTACHMENT 1

SHEET 2 OF 2 SHEETS
ALL OF TENTATIVE PARCEL MAP ND. 2013-147
PARCELS - 4 NUMBERED
AREA: 19,196 S.F. (GROSS)
18,393 S.F. (NET)
DATE OF SURVEY: FEBRUARY, 2018
DATE OF RE -SURVEY: JANUARY, 2019
BASIS OF BEARINGS:

THE BEARINGS SHOWN HEREON ARE BASED ON THE
BEARING BETWEEN OC.S HORIZONTAL CONTROL STATION
GPS NO. 5231 AND STATION GPS NO. 0477 BEING
06315'57'E PER RECORDS ON FILE IN THE OFFICE OF THE
ORANGE COUNTY SURVEYOR.

PARCEL MAP NO. 2013-147

IN THE CITY OF PLACENTIA

COUNTY OF ORANGE, STATE OF CALIFORNIA
DATUM STATEMENT:

COORDINATES SHOWN ARE BASED ON THE CAUFORNIA COORDINATE SYSTEM (CCSB3), ZONE VI, 1983 NAD, (2007,00 EPOCH OCS GPS

ADJUSTMENT), ALL DISTANCES SHOWN ARE GROUND UNLESS OTHERVASE NOTED. TO OBTAIN GRID DISTANCE. MULTIPLY GROUND DISTANCE RE

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FROM:

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SUBJECT:

FISCAL
IMPACT:

SUMMARY:

Placentia City Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR
FEBRUARY 15, 2022

MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY AND THE

PLACENTIA CITY EMPLOYEES' ASSOCIATION, PLACENTIA POLICE AND

FIRE MANAGEMENT ASSOCIATION, AND PLACENTIA POLICE OFFICERS'

ASSOCIATION
FISCAL YEAR 2021-22 $1,072,618 (Estimated)
FISCAL YEAR 2022-23 $1,786,319 (Estimated)
The City and the Placentia City Employees' Association (PCEA), Placentia Police and Fire Management Association (PPFMA), and Placentia Police Officers' Association (PPOA) had been engaged in good faith labor negotiations and had reached terms on the wages, hours, and working conditions for their respective employees. The terms were approved by City Council on November 16 and December 7, 2021. These Memorandums of Understanding (MOUs) represent the agreed upon terms.

RECOMMENDATION:

It is recommended that the City Council take the following actions:

1. Approve the Memorandum of Understanding between the City and the Placentia City Employees' Association and as applicable to unrepresented employees; and

2. Approve the Memorandum of Understanding between the City and the Placentia Police and Fire Management Association; and

3. Approve the Memorandum of Understanding between the City and the Placentia Police Officers' Association; and

4. Authorize the City Administrator to execute Memorandums of Understanding based upon the approved terms for PCEA, PPFMA, and PPOA on behalf of the City, in a form approved by the City's Labor Counsel.
1 j . .

Feb. 15, 2022

City Council Agenda
February 15, 2022

DISCUSSION:

The Memorandum of Understandings (MOUs) between the City and the PCEA, PPFMA, and PPOA expired on June 30, 2021. City representatives entered into labor negotiations with labor group representatives and the proposed terms were presented and approved by City Council in November and December 2021.

FISCAL IMPACT:

The total cost for the salary adjustments outlined in the MOU is estimated at $2,858,937 for fiscal years ending June 30, 2022 and June 30, 2023. Included in the estimated costs are one-time expenditures of $424,012 for FY21-22 and estimated $262,500 for FY22-23. Sufficient resources exist within the General Fund for the aforementioned MOU agreements.

Prepared by:

Reviewed and approved:

Rosanna Ramirez nErlanson
Deputy City Administrator Interim Director of Finance
-Reviewed and approved:

City Administrator
Damien- R hula
Attachments:

1. Memorandum of Understanding with PCEA (redlined)

2. Memorandum of Understanding with PPFMA (redlined)

3. Memorandum of Understanding with PPOA (redlined)

PLACENTIA
Rich Heritage, Bright Future

MEMORANDUM OF UNDERSTANDING
Between

THE CITY OF PLACENTIA
and

PLACENTIA CITY EMPLOYEES' ASSOCIATION
(PCEA)
July 1, 2021 March 1, 2019 — June 30, 20234
ATTACHMENT 1

PREAMBLE
The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the City of Placentia (hereinafter called "PLACENTIA") and the Placentia City Employees' Association (hereinafter called "PLEA") and shall apply to all the employees of PLACENTIA working in the job classes set forth in Appendix "A".

The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between representatives of PLACENTIA and PCEA. PCEA has recommended and its members have ratified all of the terms and conditions of employment as set forth herein. Staff officials of PLACENTIA recommend to the Placentia City Council that the terms and conditions of employment as set forth herein be implemented by resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party.

ATTACHMENT 1

Table of Contents
PREAMBLE 2
ARTICLE I - PCEA RECOGNITION 77
ARTICLE II - ASSOCIATION MEMBERSHIP & DUES 77
ARTICLE III - COMPENSATION 77
A. Compensation Adjustments 77
I Compensation Ad}ustments-fer-Assuming Fire -Dispatch -Responsibilities. -:.--:-77 BG. Signing -One -Time Bonus 88
CD. Advancement Through The Salary Schedule 88
DE. Salary on Promotion 88
EF. Exceptional Merit Performance Pay 88
Payroll Processes 99
G. Class and Compensation Study 9
ARTICLE IV -SPECIAL ASSIGNMENT PAY 99
A. Temporary Upgrade Pay 99
B. Longevity Pay 90
C. Shift Differential 9g
D. Public Safety Dispatcher — Lead Public Safety Dispatcher Assignment ...10109 E. Public Safety Dispatcher - Training Pay 101-0
F. Bilingual Pay 1040
ARTICLE V - WORK SCHEDULES and HOURS OF WORK 101.9
A. Work Schedules & Hours of Work 101.0
B. Public Safety Dispatch Work Schedule 1144
C. Public Safety Dispatch Working Group 1212
D. Rest Periods 1242
ARTICLE VI - STANDBY AND CALL BACK 1242
A. Maintenance Division Standby 121-2
B. Community Services Standby 131-3
C. Court Standby 14113
D. Emergency CaII Back 14143
ARTICLE VII — OVERTIME 1414
A. Overtime Definitions 141-4
B. Calculation of Overtime Payment 144-4
ATTACHMENT 1

C. Compensatory Time Off 15454
D. Employee Assignments 151,5
ARTICLE VIII — RETIREMENT 151-5
A. CaIPERS Retirement System 151-5
B. Tier I - PERS 2% @ 55 151-5
C. Tier II - PERS 2% @ 60 151-5
D. PEPRA/NEW MEMBERS - PERS 2% @ 62 164-5
ARTICLE IX - MEDICAL INSURANCE COVERAGE 16165
A. Active Employees 16165
B. Retiree Coverage 164-6
C. Medical Coverage Opt Out 1747-6 Medical Re -Opener 18187 ARTICLE X - OTHER INSURANCE PROGRAMS 18'87
A. Short Term Disability and Long Term Disability Plans 18'87 B. Life Insurance 1848
C. Dental Insurance 184-8
D. Optical Insurance 19498
ARTICLE XI - PAID TIME OFF (PTO) 19498
A. New Employee Accrual 19498
B. PTO Accrual 191-9
C. Accrual Eligibility 191.9
D. Use of Paid Time Off 20201.9
E. Payment of PTO Upon Separation of Service 202018
F. Denial of PTO Request Resulting in Inability to Use PTO 202-0 ARTICLE XII - SICK LEAVE/ALTERNATIVE HEALTH & WELLNESS (AHW) 2020 A. Purpose of AHW/Sick Leave Program 2020
B. Reasons for Use of AHW/Frozen Sick Leave 21240
C. Request for Physician's Certification 212-10
D. Alternative Health and Wellness Leave/Program 21210
E. Frozen Sick Leave 2222'
F. Reemployment 2222
ARTICLE XIII - OPTIONAL ANNUAL LEAVE BUY DOWN 23232
ARTICLE XIV - OTHER MEDICAL LEAVE 232
ARTICLE XV - BEREAVEMENT LEAVE 2323
ATTACHMENT 1

ARTICLE XVI - CATASTROPHIC LEAVE BANK 24243
ARTICLE XVII - HOLIDAYS 24243
A. Designated Holidays 2424
B. Holiday Closure: 2424
C. Floating Holidays 25254
D. Holidays Observed 2525
E. Holidays for Police Shift Employees 2525
ARTICLE XVIII - EDUCATIONAL INCENTIVE PROGRAM 2525
A. General Guidelines 2525
B. Requirements and Conditions Education Incentive 26265 C. Educational Incentive Compensation 27276
ARTICLE IXX - TUITION AND BOOKS REIMBURSEMENT 2727
ARTICLE XX - CLOTHING, UNIFORMS, TOOLS AND RELATED 28287 A. Business Casual 28287
B. Boot Allowance 28287
C. Mechanic Tools 2828
D. Uniforms 2828
E. Uniform Cleaning Allowance 2828
F. Uniform Allowance Reporting 2828
ARTICLE XXI - CHANGE OF STATUS - LAYOFF 29298
ARTICLE XXII - GRIEVANCE AND ARBITRATION PROCEDURES 2929 A. Purpose 2929
B. Matters Subject To Grievance Procedure 303029
C. Informal Grievance Procedure 303029
D. Formal Grievance Procedure 3039
E. Conduct of Grievance Procedure 3134
F. Arbitration 3134
ARTICLE XXIII - PERSONNEL RULES and EMPLOYER EMPLOYEE RELATIONS 3232
A. Personnel Rules 3232
B. Disciplinary Action 33332
C. Employer Employee Relations Resolution 33332
ARTICLE XXIV — MISCELLANEOUS PROVISIONS 33332
A. Probationary Period 33332
B. Performance Evaluations 3333
ATTACHMENT 1

C. Leaves of Absence 3333
D. Reclassification 34343
ARTICLE XXV - SEVERABILITY CLAUSE 3443
ARTICLE XXVI - TERM 3434
APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE 11 -
APPENDIX "B" -1995 INSURANCE BENEFITS CHANGES 2
APPENDIX "C"- CASUAL DRESS CODE 33
ATTACHMENT 1

ARTICLE I - PCEA RECOGNITION
PLACENTIA hereby recognizes PCEA as the representative for all its members to the fullest extent allowable under California law applying to public employees. During the term of this Memorandum, no substantive issue of representation shall be raised contrary to this recognition; except that, during a period of time not more than ninety (90) days and not less than sixty (60) days prior to the termination of this Memorandum, any other representative may seek the status of recognition for the purpose of meeting and conferring on behalf of some or all of the employees covered by this Memorandum of Understanding (MOU). Nothing contained herein shall restrict the right of any employee to discuss individual problems of employment with PLACENTIA, provided that, upon request of the employee, the PCEA shall be kept informed and have the right to be present at all such meetings between PLACENTA and the individual.

Classifications represented by PCEA are listed in Appendix A of this MOU.

ARTICLE H - ASSOCIATION MEMBERSHIP & DUES
Upon written notice from the Association that the employee has authorized dues deduction, membership dues will be automatically deducted from an employee's pay and forwarded by the City to PCEA and OCEA pursuant to the written request for the distribution of deductions. Dues deductions begin the beginning of the pay period following the City's receipt of notice from the PCEA.

ARTICLE III - COMPENSATION
Salary ranges for represented job classes in the bargaining unit shall be set forth in Appendix "A" attached to this MOU.

A. Compensation Adjustments

1. Effective the beginning of -thefirst full pay period following July 1, 2021Gify--Gouncil the salary range will be increased by three and a ha f percent (3,5%). Individuals will receive an adjustment of three and a half percent (3,5%) related to the change in the salary schedule.

2. Effective the beginning of thefirst full pay period including •following July 1, 20220, the salary range will be increased by three and--a-hall-percent (3,5%). Individuals will receive an adjustment of three and a half percent (3:S%) related to the change in the salary schedule.

Compensation Adjustrne-nts-feF-Assuming-Fire Dispatch-Respensibilit.ies The salary-flange-for-P-ubIic--Safety DispatPher-wi-II-be-inGreased -by siaF-percent-(6%) on--the--beginning--of- the -pay peried-whon training commences - for Public -Safety Dispatohors lssheduled—fer January -2O29} --who will- assurrtie—Fire -Dispatch responsibilities.

PCEA MOU 20211-9 - 20234 7
ATTACHMENT 1

The -salary -•range -for --public Safety -Dispatcher will -be -increased -by six percent -(6%) (for a tetal of g %-Including the.salaiy-rango adjastmer -mentioned-above)-effective the beginning of -the -pay -period including July 1, 2020 concurrent---with-the commencement -of Fire-Dispatch-d-uties,
Tile -salary -range -for Police Services Supefvvisor--Dispatshwill-be-increased-by-five percent(6%-} ea#he-beginning- the ay-peried-when-trairing-commences-( hed-uled far-da nuar-y- 2020) -for -Public- Safety -D ispateher s-and`t-he-Po li se -Services-S uperviscar--- D spatshwhe--will assume Firo Dispatch -responsibilities, B. One-TimeSigning Bonus
All employees in paid status as of the approval and adoption of the MOU will receive a one-time, 3%, non-PERSable bonus. VVith -r-atifisation-ofthe-terms- of -the -tentative agreement by-PGEA-ne4ater-than6:00 ,m ar ty-0, 201 -9 -the- ►-will prov de -all unit members-in-paid--states-a-signing--bonus of $11000 -with -the pay-period-following-Gity Council approval -of the MOU:

C. Advancement Through The Salary Schedule
Unit employees are eligible to advance one-step in the salary schedule after 6 months at Step A. Employees hired at a step above Step A, or after reaching Step B, are eligible to advance one-step in the salary schedule after 12 months of service in the current step and with satisfactory job performance. For example, employees hired at Step B are eligible for movement to Step C after 12 months of City service and upon receipt of a performance evaluation that identifies that the employee meets all job standards.

D. Salary on Promotion
Any unit employee promoted from one job class to a higher job class shall be placed at a salary step in the range of the higher job class which provides not less than a 5.4% salary increase.

E. Exceptional Merit Performance Pay
Effective January 1 of each year, certain employees in the general employee unit whose work performance is exceptionally meritorious and who have reached the "E" step of the salary range for their job class, may be designated by the appointing authority to receive Exceptional Merit Performance Pay differential of 5% above their regular salary rate. Such employees shall be so designated one year at a time, and shall continue to receive the differential only if re -designated for each subsequent year.

PCEA MOU 20211-g - 20231- 8
ATTACHMENT 1

The selection of employees to receive Exceptional Merit Performance Pay shall be at the sole discretion of the appointing authority of the City of Placentia. No issue of individual merit under this Section shall be subject to Grievance Procedures or Grievance Arbitration.

F. Payroll Processes
Unit employees will be paid on a bi-weekly basis,
G. Class and Compensation Study
The City shall conduct and complete a classification and compensation study of all PCEA represented classifications no later than December 31, 2022. Results from the market study shall be subject to meet and confer as part of any successor MOU negotiations (for the contract beginning on July 1, 2023).

ARTICLE IV -SPECIAL ASSIGNMENT PAY
A. Temporary Upgrade Pay
Unit employees assigned to work in a higher classification for more than five consecutive days will receive a 5.4% pay differential applied to their base rate of pay as temporary upgrade pay when assigned to perform the full range of duties in the higher classification.

The parties agree, that to the extent permitted by law, the City shall report temporary upgrade pay for "classic" employees as special compensation to CaiPERS pursuant to CCR §571 (a)(3) Temporary Upgrade Pay. "New Members" as defined under the Public Employee Pension Reform Act (PEPRA) may receive the pay but it is not reportable as special compensation to CaIPERS.

B. Longevity Pay
Unit employees who have completed fifteen (15) years of service with the City of Placentia shall receive longevity pay of 5% of their base rate of pay for regular scheduled hours.

The parties agree, that to the extent permitted by law, the City shall report longevity pay as special compensation to CaIPERS pursuant to CCR §571 (a)(1) and CCR §571.1 (b)(1) Longevity Pay.

C. Shift Differential
Unit employees who are regularly assigned to the night shift will receive a shift differential of 5% of their base rate of pay for regular scheduled hours worked on the night shift.

PCEA MOU 202149 - 20234 9
ATTACHMENT 1

The parties agree, that to the extent permitted by law, the City shall report shift differential pay as special compensation to CaIPERS pursuant to CCR §571 (a)(4) and CCR §571.1 (b)(3) Shift Differential.

D. Public Safety Dispatcher — Lead Public Safety Dispatcher Assignment A Public Safety Dispatcher who is regularly assigned to serve as a Lead Public Safety Dispatcher will receive Lead Worker Assignment Pay of 5% of their base rate of pay for regular scheduled hours worked in the lead assignment.

The parties agree, that to the extent permitted by law, the City shall report lead worker pay as special compensation to CaIPERS pursuant to CCR §571 (a)(4) and CCR §571.1 (b)(3) Lead Worker.

E. Public Safety Dispatcher - Training Pay
A Public Safety Dispatcher who is assigned to train another Public Safety Dispatcher will receive Training Assignment Pay of 5% of their base rate of pay for all hours worked training.

The parties agree, that to the extent permitted by law, the City shall report training pay as special compensation to CaIPERS pursuant to CCR §571 (a)(4) and CCR §571.1 (b)(3) Training Premium.

F. Bilingual Pay

1. Certain employees who have the ability to communicate in a language in addition to English, and who occupy positions in which said ability is regularly used, may be designated by the City Administrator to receive Bilingual Pay of $165 per month.

Effective the beginning of the pay period following City Council approval of the MOU, bilingual pay will increase to $175 per month.

2. The designation of employees to receive Bilingual Pay shall be at the sole discretion of the City Administrator of the City of Placentia. The department head shall recommend to the City Administrator employees who should be considered for bilingual pay. Prior to receiving Bilingual Pay, designated employees must pass an objective testing process selected by the City demonstrating bilingual ability.

3. The parties agree, that to the extent permitted by law, the City shall report bilingual pay as special compensation to CaIPERS pursuant to CCR §571 (a)(4) and CCR §571.1 (b)(3) Bilingual Pay.

ARTICLE V - WORK SCHEDULES AND HOURS OF WORK
A. Work Schedules & Hours of Work
PCEA MOU 202149 - 20234 10
ATTACHMENT 1

Unit employees (except Public Safety Dispatcher) are assigned a 4/10 work schedule.

The work schedule includes four consecutive ten-hour workdays followed by three consecutive days off (unless otherwise noted). Each employee has a seven-day FLSA workweek.

Hours of work are assigned as follows:
• Maintenance: 6:00 a.m. - 4:30 p.m., Monday - Thursday - (1/2 hour unpaid lunch) • Custodians: 1:00 p.m. - 11:30 p.m., Monday— Thursday— (1/2 hour unpaid lunch) • PO PSO: 6:00 p.m. -- 4:00 am. or8:00 a.m. - 6:00 p.m. (1/2 hour paid lunch) • PD Property Technician and Police Services Supervisor — Property - 6;00 a.m.-4:30p.m. (1/2 hour unpaid lunch)
• Parking Control Officer - 7:00 a.m. - 5:00 p.m. Sun., Mon., Wed., and Friday) (1/2 hour paid lunch)
All Other Unit Employees:
• 7:15 a.m. - 6:15 p.m., Monday - Thursday - (1 hour unpaid lunch) Employees receiving a paid lunch must remain at the worksite to be available to respond or continue working when staffing is needed.

All other work schedules or hours of work would require the Alternative Work Schedule Request Form to be submitted and approved by the City Administrator.

B. Public Safety Dispatch Work Schedule
1, Public Safety Dispatchers and the Police Services Supervisor - Dispatch may be assigned to the 4/10 or the 3/12 work schedule.
a. The 4/10 work schedule includes four consecutive ten-hour workdays followed by three consecutive days off in each workweek.
b. The 3/12 work schedule includes three consecutive 12 hour shifts in each workweek. In alternate workweeks, employees work an eight -hour day. The seven -clay FLSA workweek begins four hours into the alternating eight -hour work day.
c. When feasible, the City may offer either work schedule to unit employees or may elect to have all Public Safety Dispatchers work the same work schedule. d. Public Safety Dispatchers and the Dispatch Supervisor have a paid thirty - minute meal period. The City may purchase meals for dispatch employees when funding is available in the City budget.
e. Hours of work for each work schedule are determined by the Police Department. Public Safety Dispatchers may sign up for work shifts under the following guidelines:
i. Shift sign-ups are available based on seniority within the Public Safety Dispatcher classification.
ii. When there is a dispute regarding shift assignment or shift availability, seniority shall be considered as the predominant deciding factor in shift assignment.
iii. The Chief of Police retains discretion to modify shift selection/assignment when he/she believes the shift assignments PCEA MOU 20211-8 - 20234 11
ATTACHMENT 1

should be changed to ensure adequate distribution of dispatch experience and allocation of staff to best serve the public.

2. In order to ensure adequate notification for mandatory overtime, PCEA agrees that all Public Safety Dispatchers shall submit requests for PTO time off at least two (2) weeks in advance of time off requested.

3. To fill mandatory overtime slots, PCEA agrees to the following priority list for overtime sign-up:
a. Relief Public Safety Dispatchers - Overtime will be offered first to part-time "Relief Public Safety Dispatchers"; then if overtime slots are not adequately filled, b. Full -Time Public Safety Dispatchers - Overtime will be offered to full-time Public Safety Dispatchers.

4. To fill overtime using full-time Public Safety Dispatchers, PCEA agrees to follow Police Department Policy regarding emergency hire back.

5. Public Safety Dispatchers who are scheduled to work an Overtime shift and subsequently have the Overtime shift cancelled with less than 24 -hours' notice shall receive two (2) hours of regular pay for each occurrence.

6. The members of PCEA agree to cooperate to the fullest possible extent in voluntary sign-up for "hireback" and other overtime. Work scheduling shall be at the sole discretion of PLACENTIA, after consulting with PCEA.

7. Shift rotation shall be conducted in accordance with Police Department policy.

C. Public Safety Dispatch Working Group
City and PCEA agree to establish a working group to meet quarterly to discuss issues impacting Public Safety Dispatchers including staffing and break coverage. The working group will include the Chief of Police, Director of Administrative Services, PCEA's representative and up to two Public Safety Dispatchers.

D. Rest Periods
All bargaining unit employees shall be entitled to a fifteen (15) minute rest period for each four (4) hours of their work shift when feasible. The scheduling of the rest breaks shall be the responsibility of the employee's supervisor. Rest periods cannot be combined or used at the beginning/end of the work shift.

ARTICLE VI - STANDBY AND CALL BACK
A. Maintenance Division Standby

1. The purpose of standby is to provide immediate response capability in case of unexpected call -out for maintenance, repair or restoration of public facilities, or PCEA MOU 20211-9 - 20234 12
ATTACHMENT 1

removal of hazardous object, requiring action by maintenance forces of the Maintenance Services Department.
2 The operation of the Maintenance Services Department will be scheduled so as to place Maintenance Workers and Maintenance Crew leaders on a rotating schedule whereby employees serve in a standby capacity during off -duty hours for seven (7) consecutive days. Only one employee from the Maintenance Services Department will be assigned to standby during any such period.

3. PLACENTIA agrees to create a Maintenance Department standby duty schedule consisting of employees who volunteer for standby duty, and to provide a "cell phone" for the Maintenance standby employee. PLACENTIA retains the right to assign mandatory standby duty to any employee in the event insufficient employees volunteer.

4. Assignment of unit employees' personnel to standby status requires the unit employee to be available for and to respond to emergency duty at any time during the seven -(7) day period for which he/she has been assigned. The individual assigned is expected to respond to any emergency call -out which is requested by employee's department supervisor.

5. The employee assigned by the Maintenance Services Department to standby status shall receive, $125 per week for serving seven (7) consecutive days on standby. Effective the beginning of the pay period following City Council approval of the MOU, the standby compensation will increase to $150 per week for serving seven (7) consecutive days on standby.

6. If the employee is called out to work overtime while on standby, he/she shall be compensated with overtime for a minimum of two (2) hours. No additional compensation shall be paid for any subsequent call -outs within the original two- hour minimum period. Employees who are reporting back to work to deal with an emergency shall report to their normal workplace. If the employee must be dispatched to another location he/she shall be paid portal to portal.

7. Any employee who is assigned to standby and who fails to respond to an assignment shall be subject to appropriate disciplinary action.

B. Community Services Standby
The Community Services Coordinator assigned to week -end Standby shall receive $75 for weekend coverage as assigned by the department (typically Thursday — Sunday) and additional $25 for any assigned holiday. Effective the beginning of the pay period following City Council approval of the MOU, the standby compensation for weekend coverage will increase to $100.

If the employee is called out to work overtime while on standby, he/she shall be compensated with overtime for a minimum of two (2) hours. No additional compensation shall be paid for any subsequent call -outs within the original two-hour minimum period.

Employees who are reporting back to work to deal with an emergency shall report to PCEA MOU 202149 - 20234 13
ATTACHMENT 1

their normal workplace. If the employee must be dispatched to another location he/she shall be paid portal to portal.

C. Court Standby
In lieu of appearing as shown on a subpoena, all eligible unit employees subpoenaed during off duty hours may be placed on stand-by status. If a court appearance results from stand-by status, the employee shall be compensated in accordance with the provisions under the Overtime article. If court appearance does not result from stand-by status, the employee shall be compensated at the rate of $50 for each morning period and an additional $100 for each afternoon period of such stand-by.

D. Emergency Cali Back

1. An off duty unit employee not assigned to standby duty who is called to emergency duty shall be compensated at the time and one-half rate for a minimum of three (3) hours. No additional compensation shall be paid for any subsequent call outs within the original three (3) -hour minimum period.

2. Employees who are reporting back to work to deal with an emergency shall report to their normal workplace. If the employee must be dispatched to another location, he/she shall be paid portal to portal.

3. PLACENTIA agrees to establish a rotating emergency call-back schedule for Public Safety Dispatchers, via departmental policy.

ARTICLE VII — OVERTIME
A. Overtime Definitions

1. MOU/Contract overtime is defined as hours actually worked over forty hours paid in a seven-day workweek. MOU/Contract overtime is in excess of the FLSA standard of overtime. For example, the eligibility for MOU/Contract overtime is based on hours paid, which may include the use of accrued leave.

2. Fair Labor Standards Act (FLSA) overtime is defined as hours actually worked in excess of forty (40) in a seven (7) day FLSA work period. Hours worked is defined as hours actually worked by the employee. Paid leave does not count as hours worked for determining overtime eligibility.

B. Calculation of Overtime Payment

1. MOU/Contract Overtime will be calculated as 1.5 the base hourly rate of pay.

2. FLSA overtime will be calculated pursuant to the requirements of the Fair Labor Standards Act.

PCEA MOU 202149 - 20234 14
ATTACHMENT 1

C. Compensatory Time Off
Unit members may elect to receive compensatory time off for overtime hours worked.

Compensatory time off is accrued as 1.5 hours for each overtime hour worked.

Employees may accrue up to a maximum of two hundred forty (240) compensatory time off hours.

Employees must provide reasonable notice of at least two weeks when requesting to use compensatory time off. When at least two weeks' notice is provided, the City will not unreasonably deny a request to use comp time. The City may grant the approval of a request to use comp time with less than two weeks' notice, if in doing so, no additional overtime will be created.

Upon promotion to a classification outside the PCEA bargaining unit, all accrued and unused compensatory time may be paid at the employees' regular rate of pay prior to being promoted if the employee elects to receive payment. Upon separation from employment, accrued and unused compensatory time off will be paid at the employees' regular rate of pay.

D. Employee Assignments

1. A unit member assigned to attend evening meetings to take minutes will be compensated with a minimum of two hours pay.

2. Supervisors shall not modify regularly scheduled work hours in order to avoid the payment of overtime. Supervisors and employees may agree to modify work schedules by flexing the schedule which may eliminate the payment of overtime.

ARTICLE VIII — RETIREMENT
A. CaIPERS Retirement System
All employees covered under this MOU shall be members of the California Public Employees' Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with CaIPERS, as amended.

B. Tier I - PERS 2% @ 55
For Classic Members, hired by the City of Placentia prior to April 2012 the employees will contribute the full seven (7) percent member contribution via payroll deduction.

C. Tier II - PERS 2% @ 60
For Classic Members, hired by the City of Placentia on or after April 2012 the employees will contribute the full seven (7) percent member contribution via payroll deduction.

PCEA MOU 202149 - 20231- 15
ATTACHMENT 1

D. PEPRA/NEW MEMBERS - PERS 2% @ 62
For new members hired on or after January 1, 2013, the employees will contribute one- half of the total normal cost as identified by CaIPERS.

ARTICLE IX - MEDICAL INSURANCE COVERAGE
The City contracts with CaIPERS to provide medical insurance to employees and eligible dependents under the Public Employees' Medical and Hospital Care Act (PEMHCA).

A. Active Employees
As required under PEMHCA, the City contributes the statutory minimum contribution toward medical insurance premiums. For 20192022, that minimum contribution is $136 149 per month.

The City, under a Section 125 plan, provides an allowance (which includes the statutory minimum) to active employees. Should unit members select a plan with a plan premium in excess of the allowance, the employee is responsible for paying the additional premium costs through payroll deduction. Should a unit member select a plan with a plan premium lower than the allowance, the remainder of the allowance may not be used for any other purpose.

City contributions are as follows:

Employee Only
Employee +1
Employee +2
B. Retiree Coverage
$722 per month
$1,444 per month
$1,877 per month
Unit retirees will have access to the CaIPERS Health Benefit Program in accordance with CaIPERS regulations.

Participation in the CaIPERS Program will be consistent with Appendix "B" covering Unit Retirees.

Unit retirees hired prior to November 21, 1995 who are covered under the Appendix B provisions, will receive contributions to retiree medical (inclusive of the statutory minimum) as follows:

Retiree Only
Retiree +1
Retiree +2
$722 per month
$1,444 per month
$1,877 per month
l PCEA MOU 20211-9 - 20234 16
ATTACHMENT 1

Retirees who are Medicare eligible must comply with the CaIPERS Medicare enrollment provisions and are capped at medical contributions as follows (inclusive of the statutory minimum):

Retiree Only $342.39 per month
Retiree +1 $684.78 per month
Retiree +2 $1027.17 per month
Medicare & Basic Combo $1027.44/month
For unit retirees hired after November 21, 1995, the City will provide the minimum contribution required by the CaIPERS Health Benefit Program. In 201-92Q22, that contribution is $136 149 per month.

C. Medical Coverage Opt Out

1. Employees who opt out of the CaIPERS medical plan and receive cash must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction ("tax family"), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies ("opt out period"); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt -out payment cannot be made and the City will not in fact make payment if the employer knows that the employee or tax family member doesn't have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.

2. Unit employees hired by the City and who have elected to opt out as of November 1, 2019 will receive the following taxable payment each month under the eligible opt out arrangement:
a. Employee + Family Opt Out $1,001
b. Employee + Dependent $822.25
c. Employee Only Opt Out $607.75
d. Family to Employee Only (Remove 2 dependents) $607.75 e. Two-party to Employee Only (Remove 1 dependent) $536.25 f. Family to Two -Party (Remove 1 dependent) $357.50

3. Medical opt -out for active employees hired after July 1, 2019 or for employees hired before July 1, 2019 and who elect to opt out after November 1, 2019 will receive $400 per month.

4. The taxable payment may be used by the employee at his/her discretion. Employees may elect to receive the payment as taxable wages, defer the payment into a 457 deferred compensation plan or for use in conjunction with Flexible Spending Accounts PCEA MOU 2021-5 - 20234 17
ATTACHMENT 1

offered by the City.

D. Medical Re -Opener
Affordable Care Act (ACA) The parties recognize that certain changes to State and Federal laws programs, taxes and regulations including the Affordable Care Act, may impact future medical plan offerings. In the event that reform measures or changes in the healthcare marketplace alter healthcare coverage options, costs or other elements of healthcare and materially alter the provisions on this MOU, either party may request to reopen the Article regarding medical insurance for the purpose of discussing alternative approaches and proposals to providing healthcare coverage.

ARTICLE X - OTHER INSURANCE PROGRAMS
A. Short Term Disability and Long Term Disability Plans

1. The City agrees to provide to all full-time Unit Employees a short-term disability insurance plan at its sole expense. The basic coverage of this insurance shall be to guarantee a disabled employee an income of 66-2/3% of employee's basic salary up to a maximum of $1,230/week following a fifteen(15) day waiting period or the exhaustion of ail accrued sick leave. Definition of "disability" and duration of eligibility for benefits shalt be as set forth in the City's policy with its insurance carrier.

2. PLACENTIA agrees to provide to all full-time employees covered by this Memorandum of Understanding a long-term disability insurance plan at its sole expense. The basic coverage of this insurance shall be to guarantee a disabled employee an income of 66-2/3% up to a maximum of $5,334/month of employee's basic salary following a ninety (90) day elimination period. Definition of "disability" and duration of eligibility for benefits shall be as set forth in PLACENTIA's policy with its insurance carrier.

B. Life Insurance
PLACENTIA agrees to provide to all employees covered by this Memorandum of Understanding life insurance at its sole expense, in the amount of one times each employees' earnings, rounded to the next $1,000 with a maximum of $150,000 of coverage and $1,000 for spouse and children over the age of six (6) months.

C. Dental Insurance
PLACENTIA agrees to make available to all employees covered by this Memorandum of Understanding dental insurance, and to pay the full premium for employee and dependent coverage for said insurance, PLACENTIA reserves the right to select the insurance carriers, or to administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding.

PCEA MOU 2021-1-9 - 20234 18
ATTACHMENT 1

D. Optical Insurance
PLACENTIA agrees to provide all employees covered by this Memorandum of Understanding optical insurance. Further, PLACENTIA agrees that it shall pay the full premium for employee and dependent coverage during the term of this Memorandum of Understanding. PLACENTIA reserves the right to select the insurance carriers, or to administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding,

ARTICLE XI - PAID TIME OFF (PTO)
The purpose of paid time off (PTO) is to enable eligible unit employees to take time off from work.

A. New Employee Accrual
New employees receive forty (40) hours of PTO upon completion of six months of City service. PTO may be used following the completion of six months of service, unless approved by the Department Head.

B. PTO Accrual
Each eligible full time unit employee shall accrue paid time off on the following basis with a maximum accrual of two -hundred and sixty hours:

Years of
Service
! Accrual Rate
Maximum
Accumulation
0-3 years

3.08 hours/pay period (80 hours annually)
260 Hours
3-10 years

4.62 hours/pay period (120 hours annually)
260 Hours
10+ years

6.46 hours/pay period (168 hours annually)
260 Hours
C. Accrual Eligibility
A completed biweekly pay period is defined as a biweekly pay period in which the employee has been in pay status for more than half of the working hours in that pay period.

PCEA MOU 202149 - 20234 19
ATTACHMENT 1

D. Use of Paid Time Off

1. Unit employees will request paid time off through their immediate supervisor.

2. Approval of a paid time off request is the responsibility of the Department Head or his/her designee. He/she will primarily consider the needs of the City and, insofar as possible, the wishes of the employee.

3. Use of PTO may not exceed accumulated PTO leave bank. Should an employee exhaust their PTO and have no other available leave accrued, the employee may request time off without pay. Time off without pay is subject to Department Head and Director of Administrative Services approval.

4. Unit employees with Extraordinary Vacation Leave Banks may use either their PTO bank or their Extraordinary Vacation Bank when taking leave.

E. Payment of PTO Upon Separation of Service
An employee who separates from the service of the City shall receive payment for unused and accumulated PTO as of the date of separation, provided that accumulation of PTO shall be conditional upon completion of one (1) year of continuous service and an employee who, for any reason, does not complete one (1) year of continuous service, shall receive no credit/payment for paid time off.

F. Denial of PTO Request Resulting in Inability to Use PTO Should a unit employee who has made a reasonable request to use PTO time (reasonable is defined as at least two weeks in advance) be unable to utilize PTO time after requesting leave, and the inability to use leave will result in the employee reaching the maximum accrual, the City agrees to cash out 40 hours in lieu of leave at the employees base hourly rate of pay. A request to use PTO will not be unreasonably denied.

ARTICLE XII - SICK LEAVE/ALTERNATIVE HEALTH & WELLNESS (AHW) A. Purpose of AHW/Sick Leave Program
Unit employees participate in the Alternative Health and Wellness (AHW) program which provides leave to be used for sick leave purposes as well as an incentive when employees use low amounts of leave. For long-term unit members, frozen sick leave banks may exist.

Frozen sick leave banks may also be used for sick leave purposes or employees have the option of cashing out a portion of that leave as described below.

PCEA MOU 20214-9 - 20234 20
ATTACHMENT 1

B. Reasons for Use of AHW/Frozen Sick Leave
AHW hours and frozen sick leave hours may be used for an employees' illness or injury, medical appointments, for victims of domestic violence or stalking, or for other reasons the law allows sick leave to be used. Additionally, AWH leave may be used for family sick leave purposes as defined under the law (Labor Code 233).

C. Request for Physician's Certification
Evidence may be required in the form of a physician's certification, or other documentation, for any absence of a duration of three (3) or more consecutive working days during which AHW or frozen sick leave is requested unless waived by the City Administrator. If the absence during which leave is requested is less than 3 consecutive work days no physician's certificate (note) will be necessary prior to returning to work, unless the City has reasonable cause to believe there is abuse of the leave.

D. Alternative Health and Wellness Leave/Program

1. AHW leave accrual cannot exceed one -hundred and ninety-two (192) hours.

2. Unit members receive ninety-six (96) hours of AHW leave effective the first pay period in July of each fiscal year. The AHW bank has a maximum accrual of 192 hours, no credit will be given for hours above the maximum.

3. The AHW hours have no cash value during employment or upon separation from City service.

4. New employees will receive a pro -rated amount of AHW hours based on their date of hire. For example, an employee who begins employment in October, will receive sixty-four (64) hours of AWH with the first pay period in November for the remaining eight months in the fiscal year. New employees may use AHW leave after completing three months of City service.

5. AHW Incentives
a. Unit members in active service as of July 1st, will receive $250 with the first pay check in July.
b. In addition to the $250, unit members who use thirteen (13) hours or less of AHW leave between July 1 — June 30, may convert twenty-four (24) hours of AWH leave to their PTO bank (subject to PTO bank maximums). The employees must submit an election form requesting the conversion by June 1St of each year, and those who meet the criteria will have the 24 hours converted to PTO prior to the annual allocation of AHW leave. Employees will also receive $1,000 with the first paycheck in July.

PCEA MOU 20214-9 - 20234 21
ATTACHMENT 1

c. In addition to the $250, unit members who use more than thirteen (13) hours but twenty-six (26) hours or less of AHW leave between July 1 — June 30, may convert twelve (12) hours of AWH leave to their PTO bank (subject to PTO bank maximums). The employees must submit an election form requesting the conversion by June 1St of each year, and those who meet the criteria will have the 12 hours converted to PTO prior to the annual allocation of AHW leave. Employees will also receive $500 with the first paycheck in July.

E. Frozen Sick Leave
For unit members with frozen sick leave, each year those employees may elect to cash out up to ninety-six (96) hours of frozen sick leave, until the frozen sick leave is depleted.

Unit members electing to cash out frozen sick leave must submit a frozen sick leave cash out form no later than November 1st of each year to receive the cash out with the first paycheck in December. The cash out is paid pursuant to the reimbursement value table identified below. Unit employees with frozen sick leave at the time of retirement will be paid 100% (the base rate of pay) for hours in their frozen sick leave bank. Hours in this bank may also be used for sick leave purposes.

Years of City Service at
Time Cash Out is
Requested or Upon
Retirement
Reimbursement Value of
Frozen Sick Leave
0to3years
Over 3 to 6 years
0%
55%
Over 6 to 9 years
65%
Over 9 to 20 years
80%
Over 20 years
85%
Retirement
100%
F. Reemployment
An employee who separates from City service and is reemployed by the City shall be treated as a new employee and shall not be entitled to any prior AHW leave unless required by law.
l PCEA MOU 202149 - 20234 22
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ARTICLE XIII - OPTIONAL ANNUAL LEAVE BUY DOWN
Annually, by December 15th, employees may submit an irrevocable election form to receive payment of accrued leave in the following year under the following conditions:

1. An employee may elect to cash out up to one -hundred and fifty (150) hours of accrued PTO, Extraordinary Vacation Leave, or Comp Time to be paid with the first paycheck in December as long as after the cash out, a minimum of forty (40) hours remain in the PTO bank.

2. Employees with Extraordinary Vacation Leave must cash out that leave bank prior to requesting to cash out PTO or Comp Time.

For example, irrevocable election forms submitted in December 2019 will be for the December 2020 cash out. The hours of leave, which are converted to pay, shall be deducted from the employee's applicable accrual bank as identified on the irrevocable election form. The remaining unused leave shall remain in the applicable leave bank.

3. Employees who do not submit irrevocable election forms by the December 15th due date will have been deemed to have elected to forgo participation in the optional annual leave buy down program.

4. Employees who experience an unforeseen emergency may be permitted to make a new irrevocable election and redeem vacation hours for cash (or to increase the amount of a previous election up to the maximum) during the calendar year in which the unforeseen emergency occurs. For these purposes, "unforeseen emergency" means a severe financial hardship to the employee resulting from an illness or accident of the employee, the employees spouse, or a dependent of the employee, loss of the employee's property due to casualty, or other similar extraordinary and unforeseeable circumstance arising because of events beyond the control of the employee. The amount of such new election (or increase to prior election) shall be limited to the amount necessary to satisfy the unforeseen emergency up to the maximum of 150 hours per year as identified above and subject to the same minimum balance remaining after cash out as identified above.

Whether an occurrence is an unforeseeable emergency shall be determined by the Director of Administrative Services at his/her sole discretion. The denial of a request under the unforeseen emergency provision is not subject to any appeal by the employee or Association.

ARTICLE XIV - OTHER MEDICAL LEAVE
The City complies with federal and state leave laws including but not limited to FMLA/CFRA, Pregnancy Disability Leave (PDL), Military Leave, etc.

ARTICLE XV - BEREAVEMENT LEAVE
PCEA MOU 202149 - 20234 23
ATTACHMENT 1

Unit members are eligible for bereavement leave because of death within the immediate family.

Immediate family shall be defined as parent, child, stepchild, spouse, registered domestic partner, sibling, grandparent, grandchildren, and spouse's parents and grandparents. PCEA members may take bereavement leave for up to three workdays for each death that occurs in the member's immediate family. When travel for a memorial service is required and is greater than 500 miles from the unit member's residence, bereavement leave may be extended to a maximum of five workdays.

ARTICLE XVI - CATASTROPHIC LEAVE BANK
Placentia and PCEA agree to allow employees to donate accrued time to a special "catastrophic leave bank" which may be used by employees with limited leave available during illness or off -duty injury. Such employee must have a FMLA/CFRA Certification on file_ Donor must retain 120 hours in employee's own accrual bank(s). Donations are irrevocable.

Authorized PCEA representatives will recommend and consult with City regarding disbursement to specific employee(s) in need.

ARTICLE XVII — HOLIDAYS
A. Designated Holidays
The City observes the following holidays (holidays are generally valued at 10 hours each unless otherwise noted):

1. New Years' Day, January 1

2. Martin Luther King Day (Third Monday in January)

3. President's Day (third Monday in February)

4. Memorial Day (Last Monday in May)

5. Independence Day, July 4

6. Labor Day (First Monday in September)

7. Veterans' Day, November 11

8. Thanksgiving Day (Fourth Thursday in November)

9. Friday after Thanksgiving Day (observed on the Wednesday before Thanksgiving)

10. Christmas Eve, December 24

11. Christmas Day, December 25

12. New Year's Eve, December 31 (8 hour day)
B. Holiday Closure:

1. City to provide forty-eight two (4842) hours of leave for use during the holiday closure. Employees who are not working between December 1720, 20214.9 and January 32, 20220, must use these hours for days off of work. Employees in critical positions who are unable to utilize time off during Holiday Closure period will receive pay for unused hours on the last paycheck in June 20220. Hours are subject to the normal approval process and will be prorated for new employees.

Employees must be employed during Holiday Closure period between December PCEA MOU 20214-9 - 20234- 24
ATTACHMENT 1

1720, 20211-9 and January 32, 20220 to be eligible. Any time not utilized or paid out will be forfeited effective June 30, 20220.

2. City to provide forty-eightfifty-two (4852) hours of leave for use during the holiday closure. Employees who are not working between December 168, 20220 and January 2 4; 20234-, must use these hours for days off work.

Employees in critical positions who are unable to utilize time off during Holiday Closure period will receive pay for unused hours on the last paycheck in June 20234. Hours are subject to the normal approval process and will be prorated for new employees. Employees must be employed during Holiday Closure period between December 168, 20220 and January 2 4, 20234 to be eligible.

Any time not utilized or paid out will be forfeited effective June 30, 20231.

C. Floating Holidays
Unit employees receive two floating holidays at the beginning of each fiscal year. Unused floating holiday hours as of June 1st will be cashed out annually at the base hourly rate of pay with the second paycheck in June.

D. Holidays Observed
When a holiday falls on a Sunday, the following Monday shall be deemed to be a holiday in lieu of the day observed. When a holiday falls on Saturday, the preceding Thursday shall be deemed to be a holiday in lieu of the day observed_ E. Holidays for Police Shift Employees
Unit employees in positions subject to shift work in the Police Department shall not be entitled to holidays, but shall earn 4.62 hours of PTO each pay period (120 hours per year) in lieu of compensation or time off on designated holidays.

ARTICLE XVIII - EDUCATIONAL INCENTIVE PROGRAM
A. General Guidelines

1. All actions regarding the Educational Incentive Program, as defined herein, shall require the approval of the affected employee's Department Head and the City Administrator.

2. It shall be the employee's responsibility to submit written applications and supporting documentation for consideration under this program.

3. Additional documentation may be required from the employee by the Department Head or City Administrator.

PCEA MOU 20211-9 - 20234 25
ATTACHMENT 1

4. The Department Head and City Administrator may consult with staff members and/or educational authorities when necessary to determine acceptability of educational programs proposed for educational incentive pay.

5. The Department Head and City Administrator shall determine acceptability of proposed educational incentive programs, and grant approvals in such a manner so as to encourage and promote the satisfactory completion of those courses which tend to result in a higher proficiency of the employee in employee's job classification.

B. Requirements and Conditions Education Incentive
Minimum requirements to qualify for educational incentive compensation:

1. Current full-time employment with the City of Placentia with a minimum of one year continuous full time service.

2. Satisfactory completion of approved educational programs such as college courses, adult educational courses, seminars, etc., related to the employee's occupation in excess of the occupational minimum requirements of the job class the employee occupies.

3. Approval by the employee's Department Head and City Administrator as defined herein.

4. Any employee who has completed educational programs qualifying under these provisions within five (5) years prior to the date he/she meets condition A-1, may be considered for educational incentive compensation for such programs; except that the "five (5) years prior" shall be waived for Associates (AA/AS) or Bachelors (BA/BS) achievement in accordance with condition A herein.

5. Upon advancement to a job class with a higher salary range, an employee shall retain achieved Educational Incentive Compensation only to the extent that completed educational programs meet Condition A, herein as they relate to the higher job class.

6. Where educational units are not conferred by an educational institution for course work completed, twenty hours of approved classroom study shall be considered equivalent to one semester unit.

7. Possession of certificates may be accepted for educational incentive if, and to the extent, the employee can document to the approving authority's satisfaction that the certificate is equivalent to formal education units.

PCEA MOU 20211-9 - 20234 26
ATTACHMENT 1

8. For purposes of these provisions, all educational units earned on other than a semester basis shall be converted to their semester equivalent (i.e., number of quarter units divided by 1.5 equal number of semester units).

9. No credit shall be given for letter grades below "C" or for courses not completed. Credit shall be given for courses successfully completed on a "pass --no pass" basis.

10. Educational incentive compensation shall be paid to all qualifying employees beginning the month following the month in which approval is granted.

C. Educational Incentive Compensation

1. All employees qualified under these provisions shall be eligible to apply for educational incentive compensation.

2. Upon approval, educational incentive compensation shall be paid at the rate of $1 per month per semester unit approved. An employee's total educational incentive compensation shall not exceed 2-1/2% of employee's salary at the time approval is granted.

3. If, in computation of educational incentive compensation under these provisions, a fractional dollar results, it shall be rounded to the nearest whole dollar. A fraction of less than half shall be rounded to the nearest lower whole dollar.

ARTICLE IXX - TUITION AND BOOKS REIMBURSEMENT
The City shall reimburse a unit employee 75% of the actual cost of books and tuition for a course given by accredited public and private institutions at the current per unit cost of tuition at a "tax supported" institution (Cal -State Fullerton shall be used as the standard); provided:

1. Such course directly pertains to the unit employee's present duties and/or pertains to the next step toward promotion in employee's field of endeavor.

2. A written request must be submitted and approved by employee's Department Head and the City Administrator prior to the date of the first meeting of the course.

3. The unit employee receives a grade of C or better in said course.

4. The unit employee remains in the employ of the City for one (1) year after successful completion of said course. If he/she leaves prior to said one (1) year, the reimbursement shall be deducted from employee's final check.

5. Pre -approved coursework for certification programs that are job related may be eligible for reimbursement under this article. Pre -approval of the Department Head and City Administrator is required.

PCEA MOU 20214-9 - 20234 27
ATTACHMENT 1

6. The City may cap the funds to be distributed based on the authorized budget as adopted by the City Council annually. The City will budget at least $20,000 per fiscal year for city-wide use of the tuition reimbursement program. Reimbursements will be provided in the order they are received by Human Resources when the cap is reached.

ARTICLE XX - CLOTHING, UNIFORMS, TOOLS AND RELATED
A. Business Casual
Business Casual as defined by City Policy outlined in Appendix "C of this MOU shall be the year round dress standard for unit employees who are not required to wear uniforms.

B. Boot Allowance
Unit members in the maintenance division and in the following classifications: Building inspector, Senior Building Inspector, Public Works Inspector, Community Services Officer, Police Services Officer, Police Property Technician, Police Service Supervisor — Property and Evidence, Mechanic, Records Specialist, Public Safety Dispatcher, Senior Code Enforcement Officer Code Enforcement Officer and Parking Control Officer will be provided a boot allowance of $225 per year paid with the first paycheck in July. This is a taxable benefit as no receipt is required for payment.

C. Mechanic Tools
Unit employees in the job class of Mechanic shall be provided a reimbursement of up to $500 per year for the purchase of job -related hand tools. Receipts will be required for reimbursement. Upon separation from employment, Mechanics shall repay the City for any monies received under this provision during the last year prior to separation.

D. Uniforms
Maintenance Services Division employees in job classes represented by PCEA shall be provided, on an ongoing basis, nine (9) sets of uniforms. The City contracts with a vendor for the laundering of City provided uniforms.

E. Uniform Cleaning Allowance
PLACENTIA will provide a uniform cleaning allowance in the amount of $250.00 per year to be paid in July for the following job classes: Public Safety Dispatcher, Community Services Officer, Police Property Technician, Police Civilian Investigator, Records Specialist, Parking Control Officer. Police Services Supervisor and Police Services Officer.

F. Uniform Allowance Reporting
The City will purchase uniforms for unit members required to wear a uniform while at work. The value of the uniforms shall be reported to CaIPERS for "classic" members as PCEA MOU 20211-8 - 20234 28
ATTACHMENT 1

$11.54 per pay period ($300 per year). Uniform allowance is not considered pension reportable compensation for "new members" hired after January 1, 2013, pursuant to the Public Employee Pension Reform Act of 2013. (PEPRA).

ARTICLE XXI - CHANGE OF STATUS - LAYOFF
The City Administrator may lay off an employee in the classified service because of material change in duties or organization, or shortage of work or funds. Layoffs shall be made in reverse order of total seniority in the classified service, within the job class affected. Ten (10) working days before the effective date of layoff, the City Administrator shall notify the Director of Administrative Services of the intended action with reasons therefore, and a statement certifying whether or not the services of the employee have been satisfactory. A copy of such notice shall be given to the employee affected. If certified as having given satisfactory service, the name of the affected employee shall be placed on the re-employment list, as provided by these Rules, for future vacancies in the job class he/she is vacating.

If certified as having given satisfactory service, the affected employee shall further have the right to displace a less senior employee in a lower job class in the same direct promotional series in the same department; or to displace a less senior employee in a lower job class in which the affected employee once held permanent status.

The City will endeavor to provide affected members of PCEA at least 30 days advanced notification as well as to allow affected employees to displace a part-time position that requires duties that these employees are qualified to perform. Displacement rights will not be unreasonably withheld.

The names of probationary and permanent employees who have been laid off shall be placed on appropriate re-employment lists in the order of total continuous, cumulative time served in probationary and permanent status. Such names shall remain thereon for a period of one (1) year unless such persons are sooner reemployed. When a re-employment list is to be used to fill vacancies, the Director of Administrative Services shall submit from the top of such list the number of names equal to the number of vacancies to be filled, and the appointing authority shall appoint such persons to fill the vacancies.

ARTICLE XXII - GRIEVANCE AND ARBITRATION PROCEDURES
A. Purpose
The purpose of the grievance procedure is:

1. To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.

2. To afford unit employees, individually or through qualified employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions. i PCEA M0U 202149 - 20234 29 ATTACHMENT 1

3. To provide that a grievance shall be settled as near as possible to the point of origin.

4. To provide that appeals shall be conducted as informally as possible.

B. Matters Subject To Grievance Procedure
Any unit employee or the Association shall have the right to grieve alleged violations or misapplications of this Memorandum of Understanding or of existing resolutions, ordinances, rules or regulations with respect to wages, hours, or conditions of employment, or suspension, dismissal from employment or any other disciplinary action; and for which appeal is not provided by other regulations or is not prohibited.

C. Informal Grievance Procedure
A unit employee who has a problem or complaint should first try to get it settled through discussion with employee's immediate supervisor without undue delay. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with employee's supervisor's immediate superior. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the unit employee is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance. Any formal grievance must be filed within thirty (30) calendar days after the event giving rise to said grievance. A formal grievance may be filed by the employee association.

D. Formal Grievance Procedure

1. First Level of Review (Step 1) - The grievance shall be presented in writing to the unit employee's immediate supervisor, who shall render employee's decision and comments in writing and return them to the unit employee within fifteen (15) calendar days after receiving the grievance in writing. If the unit employee does not agree with employee's supervisor's decision, or if no answer has been received within fifteen (15) calendar days after submitting the grievance in writing to the immediate supervisor, the unit employee may present the appeal in writing to the employee's department head. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the written decision of his/her supervisor, or within a total of twenty-five (25) calendar days following submittal of the written grievance to the supervisor, if no decision by the supervisor is rendered, it will constitute a withdraw/dropping of the grievance.

2. Department Review (Step 2) - The Department Head receiving the grievance, or employee's designated representative, shall discuss the grievance with the unit employee, employee's representative, if any, and with other appropriate persons.

The Department Head shall render employee's decision and comments in writing, and return them to the unit employee within fifteen (15) calendar days after receiving PCEA MOU 20211-9 - 20234
30 ATTACHMENT 1

the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within fifteen (15) calendar days, he/she may present the grievance, in writing, to the City Administrator. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the decision of the Department Head, or within twenty-five (25) calendar days following submittal of the written grievance to the department head if no decision is rendered will constitute a withdraw/dropping of the grievance.

3. City Administrator Review (Step 3) - The City Administrator shall discuss the grievance with the unit employee, employee's representative, if any, and with other appropriate persons. The City Administrator may designate a fact-finding committee or an individual not in the normal line of supervision, to advise him/her concerning the grievance. The City Administrator shall render a decision in writing to the unit employee within twenty (20) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within twenty (20) calendar days, he/she may submit the grievance to binding arbitration, as outlined below. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the City Administrator's decision, or within a total of twenty (20) calendar days following submittal of the written grievance to the City Administrator if no decision is rendered will constitute a withdraw/dropping of the grievance.

E. Conduct of Grievance Procedure

1. The time limits specified above may be extended to a definite date by mutual agreement of the unit employee and the reviewer concerned.

2. The unit employee may request the assistance of another person of employee's own choosing in preparing and presenting employee's appeal at any level of review.

3. The unit employee and employee's representative may be permitted to use a reasonable amount of work time, as determined by the appropriate department head, in conferring about and presenting the appeal.

4. Unit employees shall be assured freedom from reprisal for using the grievance procedure.

F. Arbitration

1. General Provisions. After having exhausted the provisions of the Grievance Procedure set forth herein, an eligible unit employee shall have the right to submit to binding arbitration any grievance which has not been resolved to employee's satisfaction, except in instances where such submission is specifically prohibited by PCEA MOU 202149- 20231- 31 ATTACHMENT 1

the Personnel Ordinance, City Personnel Rules or this Memorandum of Understanding. Such appeal may be filed only after completion of Step 3 of the Grievance Procedure and in accordance with the time limits provided herein. Binding arbitration, as provided in this Article, shall be the sole and exclusive procedure for final resolution of unresolved grievances.

2. Procedures. If the grievant is not satisfied with the decision rendered at Step 3 of the Grievance Procedure, he/she may submit the matter to binding arbitration within the time limits set forth in the Grievance Procedures by filing written notice of such submission with the Director of Administrative Services. The written notice shall set forth the issue being submitted to binding arbitration, the provision(s) allegedly violated, and the remedy requested.
a. The City's representative and the grievant, or employee's designated representative(s), shall select an impartial third party to serve as the arbitrator.
b. If the City's representative and the grievant, or employee's designated representative(s), are unable to agree upon an impartial third party, then the arbitrator shall be selected by mutually striking and ranking names from a list of professional arbitrators supplied by the American Arbitration Associations. Failure of the unit employee to participate in obtaining a list of arbitrators, selecting a single arbitrator, or scheduling an arbitration date, within thirty (30) calendar days of being requested to do so by the City, shall constitute a dropping of the grievance.
c. Each party to the dispute shall have the opportunity to present testimony and relevant evidence and to cross-examine witnesses before the arbitrator. After hearing the case, the arbitrator shall, in writing, submit to the parties' employee's decision for resolution of the grievance. The decision of the arbitrator shall be final and binding upon both parties.

3.Conditions. The arbitrator shall have no power to add to, subtract from, or to modify any of the terms of any memorandum of understanding between the parties. The arbitrator's award shall be consistent with, and controlled by, the Personnel Rules, Ordinances, and Charter of the City of Placentia, as well as the laws and Constitution of the State of Califomia.

4.AII expenses of arbitration shall be borne equally by the parties.

5.The provisions of this Section shall in no way apply to the "meet -and- confer" process.

ARTICLE XXIII - PERSONNEL RULES AND EMPLOYER EMPLOYEE RELATIONS A. Personnel Rules
PLACENTIA and PCEA agree, during the term of this Memorandum of Understanding, to reopen negotiations on the subject of Personnel Rules and amendments to the Employer Employee Relations Resolution as needed. The City will discuss proposed revisions and/or modifications to such conditions or benefits in the Personnel Rules prior PCEA MOU 202149 - 20234 32
ATTACHMENT 1

to recommending that the City Council approve such proposed changes when they are subject to the meet and confer process.

B. Disciplinary Action
Personnel Rule XII is incorporated herein by reference in its entirety with the following exception: Except for a violation of a major safety rule, exempt employees may not be subject to (1) suspensions other than in full workweek increments, (2) temporary demotions (with a beginning and ending date) or (3) temporary reductions in pay.

C. Employer Employee Relations Resolution
Parties agree to work cooperatively to update and amend the Employer -Employee Relations Resolution to comply with current applicable law.

ARTICLE XXIV — MISCELLANEOUS PROVISIONS
A. Probationary Period
All original and promotional appointments to the classified service shall be tentative and subject to a probationary period of twelve (12) months actual service. The City Administrator may establish a longer probationary period for specified cases. The appointing authority shall complete a written performance evaluation indicating whether the employee has or has not been granted permanent status, a copy shall be given to the probationary employee and the original shall be forwarded to the Human Resources Division before the probationer's permanent status date.

B. Performance Evaluations
Employees will receive performance evaluations from their supervisor at least annually on performance evaluation forms provided by the City. New employees or employees who need improvement may be evaluated more frequently than once per year. The performance evaluation process should provide an assessment and feedback on the quality, quantity, and other job related metrics designed to identify proficiency and performance that meets the standards set by the supervisor, department and City.

Performance evaluations will be placed in the employees' official personnel file in Human Resources.

C. Leaves of Absence

1. During any unpaid leave of absence, unit members will not accrue leave and the City will not contribute toward medical/insurance benefits, unless required to do so under the law.

2. Unit members with accrued leave are required to utilize their leave accruals when they are absent from their regular schedule. Accrued leave shall be used to cover any hours PCEA MOU 20211-S - 20234 33
ATTACHMENT 1

of absence from the employees' regular work schedule. Unpaid leaves of absence for partial or full days, is not authorized when accrued leave is available.

D. Reclassification
A unit member who believes that there have been substantial changes in their job duties that are not reflected in the current job description, may request to their Department Head that a classification review be conducted. Requests for a classification review must be received between November 1st and December 15th. The Department Head will review the request and if he/she agrees to initiate a request for a classification review, he/she will submit the request to Human Resources by January 15th Human Resources will evaluate and determine the manner and method to use to review the classification. Human Resources can also decline to review the classification if it believes the review is not warranted or if there is another more appropriate avenue for review. Classification reviews and recommendations will be evaluated during the annual budget process and any recommended change will be presented for consideration via the budget process.

ARTICLE XXV - SEVERABILITY CLAUSE
If any part of this MOU is rendered or declared invalid by reason of any existing or subsequently - enacted legislation, governmental regulation or order or decree of court, the invalidation of such part of this MOU shall not render invalid the remaining part hereof.

ARTICLE XXVI - TERM
The terms of this Memorandum are to remain in full force and effect upon adoption of the MOU by the City Council through June 30, 20231,
FOR THE CITY FOR PCEA:

Damien Arrula, City Administrator Veronica Rodarte, OCEA Senior Labor Relations Representative
Rosanna Ramirez, Director of Danielle Chau, OCEA Labor Relations Administrative Services SpeeialistRepresentative
Laura Drottz Kalty, Felipe Zambrano, PCEA President
PCEA MOU 202149 - 20234 34
ATTACHMENT 1

I
I
Liebert Cassidy Whitmore
Eddie Rodriguez, PCEA Vice President
Carolina Torres, PCEA Treasurer
Manny Tovar, PCEA Member at large
i PCEA MOU 20211-A - 20231- 35 ATTACHMENT 1

APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE

PLACENTIA CITY EMPLOYEES ASSOCIATION (PCEA)
ATTACHMENT 1

Placentia City Employees Association (PCEA)
Job Class and Salary Schedule
Effective July 1, 2021
SAL
SCH STEP HOURLY $IWEEKLY MONTHLY ANNUALLY

21.26 A 17.22620 1,378.10 2,985.87 35,830.50 Office Assistant B 18.15641 1,452.51 3,147.11 37,765.33
C 19.13686 1,530.95 3,317.06 39,804.67
D 20.17025 1,613.62 3,496.18 41,954.12
E 21.25944 1,700.76 3,684.97 44,219.64

21.83 A 17.68708 1,414.97 3,065.76 36,789.13 Engineering Aide/ B 18.64218 1,491.37 3,231.31 38,775.73 Planning Aide
C 19.64886 1,571.91 3,405.80 40,869.63
D 20.70990 1,656.79 3,589.72 43,076.59
E 21.82823 1,746.26 3,783.56 45,402.72

22.77 A 18.44768 1,475.81 3,197.60 38,371.17 Custodian/ B 19.44385 1,555.51 3,370.27 40,443.21 Parking Control Officer C 20.49382 1,639.51 3,552.26 42,627.15
D 21.60049 1,728.04 3,744.08 44,929.02
E 22.76692 1,821.35 3,946.27 47,355.19

23.56 A 19.09320 1,527.46 3,309.49 39,713.86 Account Clerk B 20.12423 1,609.94 3,488.20 41,858.40
C 21.21094 1,696.88 3,676.56 44,118.76
D 22.35633 1,788.51 3,875.10 46,501.17
E 23.56357 1,885.09 4,084.35 49,012.23

25.10 A 20.33817 1,627.05 3,525.28 42,303.39 Office Specialist B 21.43643 1,714.91 3,715.65 44,587.77
C 22.59400 1,807.52 3,916.29 46,995.52
D 23.81408 1,905.13 4,127.77 49,533.29
E 25.10004 2,008.00 4,350.67 52,208.08

26.30 A 21.31426 1,705.14 3,694.47 44,333.66 Community Svcs. Officer/ B 22.46523 1,797.22 3,893.97 46,727.68 Police Services Officer C 23.67835 1,894.27 4,104.25 49,250.97
D 24.95698 1,996.56 4,325.88 51,910.52
E 26.30466 2,104.37 4,559.47 54,713.69

26.99 A 21.87340 1,749.87 3,791.39 45,496.67 Crime Prevention Officer/ B 23.05456 1,844.36 3,996.12 47,953.48 Maintenance Worker C 24.29951 1,943.96 4,211.92 50,542.98
D 25.61168 2,048.93 4,439.36 53,272.29
E 26.99471 2,159.58 4,679.08 56,149.00

27.53 A 22.30891 1,784.71 3,866.88 46,402.53 GIS Specialist/ B 23.51359 1,881.09 4,075.69 48,908.27 Administrative Assistant C 24.78332 1,982.67 4,295.78 51,549.31
D 26.12162 2,089.73 4,527.75 54,332.97
E 27.53219 2,202.58 4,772.25 57,266.96
ATTACHMENT 1

Placentia City Employees Association (PCEA)
Job Class and Salary Schedule
Effective July 1, 2021
SAL

SCH STEP H URLY BIWEEKLY MONTHLY ANNUALLY

27.68 A 22.43102 1,794.48 3,888.04 46,656.52 Building Permit Tech/ B 23.64230 1,891.38 4,098.00 49,175.98 Planning Tech/
C 24.91898 1,993.52 4,319.29 51,831.48 Accounting Tech
D 26.26460 2,101.17 4,552.53 54,630.37
E 27.68289 2,214.63 4,798.37 57,580.41

29.47 A 23.87584 1,910.07 4,138.48 49,661.75 Community Svcs Coord./ B 25.16514 2,013.21 4,361.96 52,343.49 City Clerk Specialist C 26.52406 2,121.92 4,597.50 55,170.04
D 27.95636 2,236.51 4,845.77 58,149.23
E 29.46600 2,357.28 5,107.44 61,289.28

29.59 A 23.98006 1,918.40 4,156.54 49,878.52 Facility Maintenance Tech.

B 25.27498 2,022,00 4,381.00 52,571.96
C 26.63983 2,131.19 4,617.57 55,410.85
D 28.07838 2,246.27 4,866.92 58,403.03
E 29.59461 2,367.57 5,129.73 61,556.79

29.77 A 24.11914 1,929.53 4,180.65 50,167.81 Equipment Mechanic B 25.42157 2,033.73 4,406.41 52,876.87
C 26.79433 2,143.55 4,644.35 55,732.21
D 26.24122 2,259.30 4,895.14 58,741.74
E 29.76625 2,381.30 5,159.48 61,913.80

30.37 A 24.61101 1,968.88 4,265.91 51,190.90 Maintenance Crew Leader B 25.94000 2,075.20 4,496.27 53,955.20
C 27.34076 2,187.26 4,739.07 56,868.78
D 28.81716 2,305.37 4,994.97 59,939.69
E 30.37329 2,429.86 5,264.70 63,176.44

31.02 A 25.13290 2,010.63 4,356.37 52,276.43 HR Technician/ B 26.49008 2,119.21 4,591.61 55,099.37 IT Technician/
C 27.92054 2,233.64 4,839.56 58,074.72 Management Assistant/ D 29.42825 2,354.26 5,100 90 61,210.76 Senior Accounting Tech.

E 31.01738 2,481.39 5,376.35 64,516.15

31.26 A 25.33120 2,026.50 4,390.74 52,688.90 Facilities Maint. Tech. II/ B 26.69908 2,135.93 4,627.84 55,534.09 Senior Engineering Aide C 28.14083 2,251.27 4,877.74 58,532.93
D 29.66043 2,372.83 5,141.14 61,693.69
E 31.26209 2,500.97 5,418.76 65,025.15

32.21 A 26.09826 2,087.86 4,523.70 54,284.38 Code Enforcement Officer/ B 27.50757 2,200.61 4,767.98 57,215.75 Dev. Svcs. Coordinator/ C 28.99298 2,319.44 5,025.45 60,305.40 Senior Administrative Asst.

D 30.55860 2,444.69 5,296.82 63,561.89
E 32.20876 2,576.70 5,582.85 66,994.22
ATTACHMENT 1

Placentia City Employees Association (PCEA)
Job Class and Salary Schedule
Effective July 1, 2021
SAL

SCE, STEP HOURLY BIWEEKLY MONTHLY ANNUALLY

32.55 A 26.37566 2,110.05 4,571.78 54,861.37 Police Property Technician B 27.79995 2,224.00 4,818.66 57,823.90
C 29.30115 2,344.09 5,078.87 60,946.39
D 30.88341 2,470.67 5,353.12 64,237.49
E 32.55111 2,604.09 5,642.19 67,706.31

33.03 A 26.76279 2,141.02 4,638.88 55,666.60 Envlron. Compliance Officer B 28.20798 2,256.64 4,889.38 58,672.60
C 29.73121 2,378.50 5,153.41 61,840.92
D 31.33670 2,506.94 5,431.69 65,180.34
E 33.02888 2,642.31 5,725.01 68,700.07

33.46 A 27.10942 2,168.75 4,698.97 56,387.59 Assistant Planner B 28.57333 2,285.87 4,952.71 59,432.53
C 30.11629 2,409.30 5,220.16 62,641.88
D 31.74257 2,539.41 5,502.05 66,024.55
E 33.45667 2,676.53 5,799.16 69,589.87

33.70 A 27.30635 2,184.51 4,733.10 56,797.21 Exec. Asst. to the City Admin.

B 28.78089 2,302.47 4,988.69 59,864.25
C 30.33506 2,426.80 5,258.08 63,096.92
D 31.97315 2,557.85 5,542.01 66,504.15
E 33.69970 2,695.98 5,841.28 70,095.38
_L (ADDED A 28.10514 2,248.41 4,871.56 58,458.69 Public Works Inspector ECIALIST ( B 29.62282 2,369.83 5,134.62 61,615.47
C 31.22245 2,497.80 5,411.89 64,942.70
D 32.90846 2,632.68 5,704.13 68,449.60
E 34.68552 2,774.84 6,012.16 72,145.88

35.15 A 28.47768 2,278.21 4,936.13 59,233.57 Building Inspector/ 8 30.01547 2,401.24 5,202.68 62,432.18 Senior Code Enf. Officer C 31.63631 2,530.90 5,483.63 65,803.52
D 33.34467 2,667.57 5,779.74 69,356.91
E 35.14528 2,811.62 6,091.85 73,102.18

35.55 A 28.80239 2,304.19 4,992.41 59,908.97 Senior Building Inspector B 30.35772 2,428.62 5,262.00 63,144.06
C 31.99704 2,559.76 5,546.15 66,553.84
D 33.72488 2,697.99 5,845.65 70,147.75
E 35.54602 2,843.68 6,161.31 73,935.72

34.74 A 28.14855 2,251.88 4,879.08 58,548.98 Public Safety Dispatcher B 29.66857 2,373.49 5,142.55 61,710.63
C 31.27067 2,501.65 5,420.25 65,042.99
D 32.95929 2,636.74 5,712.94 68,555.32
E 34.73909 2,779.13 6,021.44 72,257.31
ATTACHMENT 1

Placentia City Employees Association (PCEA)
Job Class and Salary Schedule
Effective July 1, 2021
SAL

SCH ME HOURLY BIWEEKLY MONTHLY ANNUALLY

36.46 A 29.54185 2,363.35 5,120.59 61,447.05 Police Civilian Investigator B 31.13711 2,490.97 5,397.10 64,765.19
C 32.81851 2,625.48 5,688.54 68,262.50
D 34.59071 2,767.26 5,995.72 71,948.68
E 36.45861 2,916.69 6,319.49 75,833.91

38.28 A 31.02073 2,481.66 5,376.93 64,523.12 Police Services Supervisor B 32.69585 2,615.67 5,667.28 68,007.37
C 34.46143 2,756.91 5,973.31 71,679.77
D 36.32235 2,905.79 6,295.87 75,550.49
E 38.28376 3,062.70 6,635.85 79,630.22

40.20 A 32.57176 2,605.74 5,645.77 67,749.26 Public Safety B 34.33064 2,746.45 5,950.64 71,407.73 Communication Supervisor - C 36.18449 2,894.76 6,271.98 75,263.74
D 38.13845 3,051.08 6,610.66 79,327.98
E 40.19793 3,215.83 6,967.64 83,611.69
ATTACHMENT 1

Placentia City Employees Association (PCEA)
Job Class and Salary Schedule
Effective July 1, 2022
SAL

SCH STEP HOURLY BIWEEKLY MONTHLY ANNUALLY

21.90 A 17.74299 1,419.44 3,075.45 36,905.42 Office Assistant B 18.70111 1,496.09 3,241.53 38,898.31
C 19.71097 1,576.88 3,416.57 40,998 82
D 20.77536 1,662.03 3,601.06 43,212.75
E 21.89723 1,751.78 3,795.52 45,546.24

22.48 A 18.21769 1,457.42 3,157.73 37,892.80 Engineering Aide/ B 19.20145 1,536.12 3,328.25 39,939.02 Planning Aide
C 20.23833 1,619.07 3,507.98 42,095.73
D 21.33120 1,706.50 3,697.41 44, 368.90
E 22.48308 1,798.65 3,897,07 46,764.81

23.45 A 19.00111 1,520.09 3,293.53 39,522.31 Custodian/ B 20.02717 1,602.17 3,471.38 41,656.51 Parking Control Officer C 21.10864 1,688.69 3,658.83 43,905.97
D 22.24851 1,779.88 3,856.41 46,276.90
E 23.44993 1,875.99 4,064.65 48,775.85

24.27 A 19.66600 1,573.28 3,408.77 40,905 28 Account Clerk B 20.72796 1,658.24 3,592.85 43,114.16
C 21.84727 1,747.78 3,786.86 45,442.32
D 23.02702 1,842.16 3,991.35 47,896.20
E 24.27048 1,941.64 4,206.88 50,482.60

25.85 A 20.94832 1,675.87 3,631.04 43,572.51 Office Specialist B 22.07953 1,766.36 3,827.12 45,925.42
C 23.27182 1,861.75 4,033.78 48,405.39
D 24.52850 1,962.28 4,251.61 51, 019.28
E 25.85304 2,068.24 4,481.19 53,774.32

27.09 A 21.95369 1,756.30 3,805.31 45,663,68 Community Svcs. Officer/ B 23.13919 1,851.14 4,010.79 48,129.52 Police Services Officer C 24.38871 1,951.10 4,227.38 50,728.52
D 25.70570 2,056.46 4,455.65 53,467.86
E 27.09381 2,167.50 4,696.26 56,355.12

27.80 A 22.52960 1,802.37 3,905.13 46,861.57 Crime Prevention Officer/ B 23.74620 1,899.70 4,116.01 49,392.10 Maintenance Worker C 25.02849 2,002.28 4,338.27 52,059.26
D 26.38003 2,110.40 4,572.54 54,870.46
E 27.80455 2,224.36 4,819.46 57,833.46

28.36 A 22.97818 1,838.25 3,982.88 47,794.61 GIS Specialist/ B 24.21900 1,937,52 4,197.96 50,375.52 Administrative Assistant C 25.52683 2,042.15 4,424.65 53,095.81
D 26.90528 2,152.42 4,663.58 55,962.98
E 28.35817 2,268.65 4,915.42 58,984.99
ATTACHMENT 1

Placentia City Employees Association (PCEA)
Job Class and Salary Schedule
Effective July 1, 2022
SAL
SCH STEP OURLY 84WEEKLY MONTHLY ANNUALLY

28.51 A 23.10395 1,848.32 4,004.68 48,056.22 Building Permit Tech/ B 24.35156 1,948.12 4,220.94 50,651.24 Planning Tech/
C 25 66654 2,053.32 4,448.87 53,386.40 Accounting Tech
D 27.05253 2,164.20 4,689.11 56,269.26
E 28.51337 2,281.07 4,942.32 59,307.81

30.35 A 24.59212 1,967.37 4,262.63 51,151.61 Community Svcs Coord./ B 25.92009 2,073.61 4,492.82 53,913.79 City Clerk Specialist C 27.31977 2,185.58 4,735.43 56,825.12
D 28.79504 2,303.60 4,991.14 59,893.68
E 30.34997 2,428.00 5,260.66 63,127.94

30.48 A 24.69946 1,975.96 4,281.24 51,374.88 Facility Maintenance Tech.

B 26.03323 2,082.66 4,512.43 54,149.12
C 27.43902 2,195.12 4,756.10 57,073.16
D 28.92073 2,313.66 5,012.93 60,155.12
E 30.48245 2,438.60 5,283.62 63,403.50

30.66 A 24.84271 1,987.42 4,306.07 51,672.84 Equipment Mechanic B 26.18422 2,094.74 4,538.60 54,463.18
C 27.59817 2,207.85 4,783.68 57,404.19
D 29.08847 2,327.08 5,042.00 60,504.02
E 30.65925 2,452.74 5,314.27 63,771.24

31.28 A 25.34934 2,027.95 4,393.89 52,726.63 Maintenance Crew Leader B 26.71820 2,137.46 4,631.15 55,573.86
C 28.16098 2,252.88 4,881.24 58,574.84
D 29.68167 2,374.53 5,144.82 61,737.87
E 31.28448 2,502.76 5,422.64 65,071.72

31.95 A 25.88688 2,070.95 4,487.06 53,844.71 HR Technician! B 27.28477 2,182,78 4,729.36 56,752.32 IT Technician/
C 28.75815 2,300.65 4,984.75 59,816.95 Management Assistant/ D 30.31109 2,424.89 5,253.92 63,047.07 Senior Accounting Tech.

E 3194789 2,555.83 5,537.63 66,451.61

32.20 A 26.09114 2,087.29 4,522.46 54,269.57 Facilities Maint. Tech. III B 27.50006 2,200.00 4,766.68 57,200.12 Senior Engineering Aide C 28.98506 2,318.80 5,024.08 60,288.92
D 30.55025 2,444.02 5,295.38 63,544.52
E 32.19996 2,576.00 5,581.33 66,975.92

33.18 A 26.88121 2,150.50 4,659.41 55,912.92 Code Enforcement Officer/ B 28.33280 2,266.62 4,911.02 58,932.22 Dev. Svcs. Coordinator/ C 29.86277 2,389.02 5,176.21 62,114.56 Senior Administrative Asst.

D 31.47536 2,518.03 5,455.73 65,468.75
E 33.17503 2,654.00 5,750.34 69,004.06
ATTACHMENT 1

Placentia City Employees Association (PCEA)
Job Class and Salary Schedule
Effective July 1, 2022
SAL

SCH STEP HOURLY BIWEEKLY MONTHLY ANNUALLY

33.53 A 27 16693 2,173.35 4,708.93 56,507.21 Police Property Technician B 28.63394 2,290.72 4,963.22 59,558.60
C 30.18017 2,414.41 5,231.23 62,774.75
D 31.80990 2,544.79 5,513.72 66,164.59
E 33.52763 2,682.21 5,811.46 69,737.47

34.02 A 27.56567 2,205.25 4,778.05 57,336.59 Environ. Compliance Officer B 29.05422 2,324.34 5,036.06 60,432.78
C 30.62315 2,449 85 5,308.01 63,696.15
D 32.27680 2,582.14 5,594.65 67,135.74
E 34.01975 2,721.58 5,896.76 70,761.08

34.46 A 27.92271 2,233.82 4,839.94 58,079.24 Assistant Planner B 29.43054 2,354.44 5,101.29 61,215.52
C 31.01979 2,481.58 5,376.76 64,521.16
D 32.69486 2,615.59 5,667.11 68,005.31
E 34.46038 2,756.83 5,973.13 71,677,59

34.71 A 28.12554 2,250.04 4,875 09 58,501.12 Exec. Asst. to the City Admin.

B 29.64432 2,371.55 5,138.35 61,660.19
C 31.24511 2,499.61 5,415.82 64,989.83
D 32.93235 2,634.59 5,708.27 68,499.29
E 34.71070 2,776.86 6,016.52 72,198.26
_L (ADDED A 28.94829 2,315.86 5,017.70 60,212.44 Public Works Inspector ECIALIST ( B 30.51150 2,440.92 5,288.66 63,463.92
C 32.15912 2,572.73 5,574.25 66,890.97
D 33.89571 2,711.66 5,875.26 70,503,08
E 35.72608 2,858.09 6,192.52 74,310.25

36.20 A 29.33201 2,346.56 5,084.22 61,010.58 Building Inspector/ B 30.91594 2,473.28 5,358.76 64,305.16 Senior Code Enf. Officer C 32.58540 2,606.83 5,648.14 67,777.63
D 34.34501 2,747.60 5,953.14 71,437.62
E 36.19964 2,895.97 6,274.60 75,295.25

36.61 A 29.66647 2,373.32 5,142.19 61,706.26 Senior Building Inspector B 31.26846 2,501.48 5,419.87 65,038.40
C 32.95696 2,636.56 5,712.54 68,550.48
D 34.73664 2,778.93 6,021.02 72,252.21
E 36.61242 2,928.99 6,346.15 76,153.83

35.78 A 28.99301 2,319.44 5,025.46 60,305.46 Public Safety Dispatcher B 30.55863 2,444.69 5,296.83 63,561.95
C 32.20880 2,576.70 5,582.86 66,994.30
D 33.94808 2,715,85 5,884.33 70,612.01
E 35.78128 2,862.50 6,202.09 74,425.06
ATTACHMENT 1

Placentia City Employees Association (PCEA)
Job Class and Salary Schedule
Effective July 1, 2022
SAL

S,CH STEP HOURLY BIWEEKLY MONTHLY ANNUALLY

37.55 A 30.42811 2,434.25 5,274.21 63,290.47 Police Civilian Investigator B 32.07123 2,565.70 5,559.01 66,708.16
C 33.80308 2,704.25 5,859.20 70,310.41
D 35.62845 2,850.28 6,175.60 74,107.18
E 37.55239 3,004.19 6,509.08 78,108.97

39.43 A 31.95135 2,556.11 5,538.23 66,458.81 Police Services Supervisor B 33.67672 2,694.14 5,837.30 70,047.58
C 35.49526 2,839.62 6,152.51 73,830.14
D 37.41200 2,992.96 6,484.75 77,816.96
E 39.43225 3,154.58 6,834.92 82,019.08

41.40 A 33.54891 2,683.91 5,815.14 69,781.73 Public Safety B 35.36055 2,828.84 6,129.16 73,549.94 Communication Supervisor.

C 37.27002 2,981.60 6,460.14 77,521.64
D 39.28260 3,142.61 6,808.98 81,707.81
E 41.40386 3,312.31 7,176.67 86,120.03
ATTACHMENT 1

APPENDIX "B" - 1995 INSURANCE BENEFITS CHANGES
Section 3. Insurances
Tier I - Employees, hired prior to November 21, 1995.

The City shall make available single party and dependent medical, dental, optical, longterm disability and life insurance to all classified employees, and to such other employees and officials as may be designated by the City Council, The City shall pay that amount toward the premiums for such insurance as may be determined by the City Council and the employee shall pay the remainder of the premium. Such premiums shall be paid only to the company or companies with whom the City has contracted for such insurance coverage.

During periods of approved medical leave without pay, the City shall continue to pay its normal contribution for the above insurances for all officers and employees.

Upon service retirement, or ordinary disability retirement, the City shall continue to pay its normal contribution for medical, dental, optical, and life insurances for all eligible employees. These benefits shall be considered to be vested for employees hired prior to November 21, 1995. Retired employees receiving these insurances shall if eligible enroll in, and pay for Medicare, Part B, at their earliest eligible date, as primary carrier, Employees retiring for industrial disability shall not be eligible for this benefit.

Tier II - Employees, hired on or after November 21, 1995.

The City shall make available single party and dependent medical, dental, optical, longterm disability and life insurance to all classified employees, and to such other employees and officials as may be designated by the City Council.

The City shall pay that amount toward the premiums for such insurance as may be determined by the City Council and the employee shall pay the remainder of the premium. Such premiums shall be paid only to the company or companies with whom the City has contracted for such insurance coverage.

During periods of approved medical leave without pay, the City shall continue to pay its normal contribution for the above insurances for all officers and employees.

Upon service retirement, or ordinary disability retirement, Tier II employees shall have the option of participating in a post -retirement insurance benefit program at their own cost. Employees retiring for industrial disability shall not be eligible for this benefit.

PLACENTIA agrees that PCEA representative(s) shall participate in the exploration and possible development of an employee paid pre -funded post - retirement benefits program for employees hired after November 21, 1995.

ATTACHMENT 1

APPENDIX "C"- CASUAL DRESS CODE
Each Department Head, with the approval of the City Administrator, has the discretion to develop a more comprehensive dress code appropriate for employee's department.

GENERAL GUIDELINES
The City of Placentia is a public service delivery organization. All employees should dress appropriately for this business environment and in keeping with employee's work assignment. Public image plays an important role in developing and maintaining support for the organization. To maintain the confidence and respect of the citizens and other customers, each employee must exercise professional judgment as they choose workplace attire.

Business Casual does not mean sloppy. Clothing should be clean, wrinkle free, and without holes and frayed areas. Uniformed employees are required to dress per department standards; all other employees may dress causal in accordance with the following guidelines:
• Neat, business casual attire,
• Casual slacks — no blue jeans except on Thursday or Friday. • No T-shirts.
• Professional business attire will be required for meetings with outside agencies or night meetings.
• Please do NOT wear clothing with writing or messages, shorts, sandals for men or slippers for men or women.
• For Thursdays/Fridays ONLY blue jeans are acceptable.

City shirts are acceptable anytime.

Each employee's supervisor can make determinations as to the appropriateness of an employee's attire pursuant to this policy. If, in the opinion of the supervisor, an employee is not adhering to the intent of this policy, the supervisor will inform that person that he/she must dress in accordance with this policy. In severe cases, after consulting with the Department Head and the Human Resources Department, the supervisor may send the person home to change as directed.

In that event, time away from work will not be considered hours worked. An employee may use PTO time, compensatory, floating holiday, or administrative leave for such time away from work. This casual dress code will be adhered unless it is superseded by a City Administrative Policy.

ATTACHMENT 1

PLACENTIA
Rich Heritage, Bright Future

MEMORANDUM OF UNDERSTANDING
Between

THE CITY OF PLACENTIA
and

PLACENTIA POLICE AND FIRE MANAGEMENT

ASSOCIATION (PPFMA)
July 1, 2021 March 1, 2010 — June 30, 20234
PPFMA MOU 20214-9 - 20231
1 ATTACHMENT 2

Table of Contents
PREAMBLE 4
ARTICLE 1 - MANAGEMENT RIGHTS 5
ARTICLE 2 - PPFMA RIGHTS 5
A. Membership Dues 5
B. Access to Placentia Communication Systems 5
f C. PPFMA Business On City Time 6
ARTICLE 3 - NON-DISCRIMINATION 6
ARTICLE 4 - CITY PERSONNEL RULES & POLICIES 6
ARTICLE 5 - PROBATION 6
ARTICLE 6 - ADVANCEMENT THROUGH THE SALARY SCHEDULE 7
ARTICLE 7 - PAYROLL PROCESSES 7
ARTICLE 8 - COMPENSATION AND SPECIAL ASSIGNMENT PAY 7
A. Compensation 7
B. Education and POST Certification Differentials 7
C. Longevity Pay Program 8
D. Special Assignment Pay 9
E. New Employee Finder's Fee 10
F. Bilingual Pay 10
G. Marksmanship Incentive Pay 10
ARTICLE 9 - OVERTIME, PREMIUM PAY AND WORK SCHEDULES 10 A. Overtime — Police Sergeants 10
B. Calculation of Overtime Payment — Police Sergeants 11 C. Compensatory Time Off — Police Sergeants 11
D. Minimum Overtime 11
E. Premium Pay for Lieutenants 11
F. Court Time 12
G. Range Training 13
H. Work Schedules 13
I. Shift Trades 15
J. Specialty Assignment Rotation 15
ARTICLE 10 - MEAL PERIODS 18
ARTICLE 11- RETIREMENT 18
ARTICLE 12 - MEDICAL INSURANCE 19
ARTICLE 13 - OTHER INSURANCE BENEFITS 20
A. Dental Insurance 20
B. Optical Insurance 20
C. Short and Long Term Disability 21
D. Life Insurance 21
E. Flexible Spending Account 21
ARTICLE 14 - PERSONAL TIME OFF _ 21
A. PTO Accrual Rate 21
B. Use of PTO 22
C. PTO Payment Upon Separation of Employment 23
D. Employees Not Granted PTO Use 23
ARTICLE 15 - SICK LEAVE & ALTERNATIVE HEALTH AND WELLNESS PROGRAM 24 A. Alternative Health and Wellness Leave/Program 24
B. AHW Incentives 24
C. AHW Upon Separation 25
PPFMA MOU 20213-9 - 20234 2
ATTACHMENT 2

D. Conversion of Sick Leave to CaIPERS Service Credit 25 E. Frozen Sick Leave 25
F. AHW and Sick Leave Upon Reemployment 25
ARTICLE 16 - BEREAVEMENT LEAVE 26
ARTICLE 17 - OTHER LEAVE PROVISIONS Y6
A. Annual Leave Buy Back 26
B. Other Leave Cash Out Processes 26
C. Industrial Accident Leave 27
D. Non -Industrial Injury 27
E. Military Leave 27
F. Other Leaves 27
G. Catastrophic Leave Bank 27
ARTICLE 18 - HOLIDAYS 28
A. Designated Holidays 28
B. Dates of Observance of a Holiday 28
C. Holidays for Shift Employees 28
D. Holiday Closure 28
ARTICLE 19 - LEAVES OF ABSENCE 29
ARTICLE 20 - CITY PROVIDED VEHICLES 29
ARTICLE 21 - GRIEVANCE AND ARBITRATION PROCEDURES Y9
A. Purpose 29
B. Matters Subject To Grievance Procedure 30
C. Informal Grievance Procedure 30
D. Formal Grievance Procedure 30
E. Conduct of Grievance Procedure 31
F. Arbitration 31
ARTICLE 22 - SEVERABILITY CLAUSE 32
ARTICLE 23 - TOTAL COMPENSATION SURVEY 32
ARTICLE 24 - TERM 33
APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE 0
APPENDIX "B"- 1995 INSURANCE CHANGES 1
APPENDIX "C" -TOTAL COMENSATION SURVEY COMPONENTS 2
PPFMA MOU 20219 - 20234 3
ATTACHMENT 2

PREAMBLE
The wages hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the City of Placentia (hereinafter called "PLACENTIA" or "the City") and the Placentia Police and Fire Management Association (hereinafter called "PPFMA") and shall apply to all the employees of PLACENTIA working in the job classes set forth in Appendix A.

The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between City Staff and PPFMA. PPFMA has recommended and its members have ratified all of the terms and conditions of employment as set forth herein.

City Staff recommends to the Placentia City Council that the terms and conditions of employment as set forth herein be implemented by resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party.

RECOGNITION
The City of Placentia has recognized the PPFMA as the formally recognized employee organization of bargaining unit employees for the purpose of meeting its obligations under the Meyers-Milias-Brown Act, Government Code section 3500, et seq. This Agreement applies to all employees in the Association bargaining unit.

The City recognizes the Association represents the following classifications under this MOU:

Police Sergeants
Police Lieutenants
Police Captains
Fire Battalion Chiefs
f PPFMA MOU 202 19 - 20231 4
ATTACHMENT 2

ARTICLE 1 - MANAGEMENT RIGHTS
Except as otherwise specifically provided for in State and/or Federal laws, and this MOU, the City reserves and retains and is vested with all rights of management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City.

This shall include, but is not limited to:

1. The right to temporarily suspend the provisions of this MOU in the event of and for the duration of an emergency as determined by the City Council and/or by County, State, or Federal action. In the event of such suspension of this MOU, when the emergency is over, management will immediately initiate the meet and confer process over replacement of any salary, benefit, or working conditions lost by unit employees as a result of the suspension of this Agreement.

2. The right to determine staffing and direct the work force, including the right to hire, promote, demote, evaluate, transfer, layoff, or discharge for just cause any employee.

3. The right to contract or sub -contract services and/or work.

4. The right to take such further action as may be necessary to organize and operate the City in the most efficient and economical manner to serve the public interest.

5. The right to modify the performance evaluation form.

6. The right to modify and update class specifications/job descriptions.

ARTICLE 2 - PPFMA RIGHTS
A. Membership Dues
The City agrees to deduct association dues from the wages of all PPFMA members who have filed a written authorization with the association. The City will begin dues deductions at the beginning of the pay period after notice is provided by the Association and will transmit these funds to the Association in a manner which is mutually agreed to.

The employee's earnings must be sufficient after other legal and required deductions are made to cover the amount of the dues. When an employee is in a non -pay status for an entire pay period, no deduction will be made to cover the pay period. In the case of an employee who is in a non -pay status during part of the pay period, and the salary is not sufficient to cover the full withholding, no deduction shall be made. In this circumstance, all other legal and required deductions (including health care deductions) have priority over Association dues.

B. Access to Placentia Communication Systems
PPFMA MOU 20214} - 20234 5
ATTACHMENT 2

The City's interdepartmental messenger service may be used for individual business oriented communication between employees who are represented by the PPFMA and Directors of PPFMA or their designees.

In the interests of facilitating communication with PPFMA members and the distribution of information to PPFMA members, PPFMA may utilize the City's e-mail system to communicate with PPFMA members on matters of normal association business. The City's e-mail system and interdepartmental communications system shall not be used for political or campaign related activity. Use of the City's email system is subject to compliance with City policy and communications should not be considered confidential or exempt from public disclosure under the Public Records Act.

C. PPFMA Business On City Time
PPFMA members will be allowed to conduct a reasonable amount of PPFMA business during their regular work shift(s).

ARTICLE 3 - NON-DISCRIMINATION
The City and the Association agree that they shall not discriminate against any employee based on protected status under state or federal law.

ARTICLE 4 - CITY PERSONNEL RULES & POLICIES
PLACENTIA and PPFMA agree, during the term of the MOU, to meet and confer pursuant to the Myeyers-Milias-Brown Act (MMBA) regarding Personnel Rules and City policies within the scope of bargaining and any proposed changes to said rules and/or policies.

ARTICLE 5 - PROBATION
A. All original and promotional appointments to classifications represented in this unit (with the exceptions shown below) shall be subject to a probationary period of one (1) year.

B. The City Administrator may establish a longer probationary period for specified cases.

C. For Police personnel, tThe Police Chief or designee shall complete a written performance evaluation indicating whether the employee has or has not been granted permanent status, give a copy to the employee, and file the original with the Human Resources Division before the probationer's permanent status date.

GD. For Fire personnel, the Fire Chief or designee shall complete a written performance evaluation indicating whether the employee has or has not been granted PPFMA MOU 202143 - 20231 6
ATTACHMENT 2

permanent status, give a copy to the employee, and file the original with the Human Resources Division before the probationer's permanent status date.

ARTICLE 6 - ADVANCEMENT THROUGH THE SALARY SCHEDULE
Unit employees are eligible to advance one-step in the salary schedule after 12 months of service in the current step and with overall satisfactory job performance. For example, employees hired at Step A are eligible for movement to Step B after 12 months of City service and upon receipt of a performance evaluation that identifies that the employee meets all job standards. Should an employee receive an overall satisfactory performance evaluation after twelve months has passed at the current step, the employee will receive the eligible step increase retroactive to the date the step increase would have been effective had the evaluation been received on time.

ARTICLE 7 - PAYROLL PROCESSES
Unit employees will be paid on a bi-weekly basis.

ARTICLE 8 - COMPENSATION AND SPECIAL ASSIGNMENT PAY
The basic salary schedule will be set forth in Appendix A attached to this MOU.

A. Compensation - Sworn Police Classifications

1. Effective the first full pay period following July 1, 2621August 11-;2[119, the salary range will be increased by five percent (5%). Individuals will receive an adjustment of five percent related to the change in the salary schedule.

2. Effective the beginning •ef-thefirst full pay period including -following July 1, 20220, the salary range will be increased by five percent (5%). Individuals will receive an adjustment of five percent related to the change in the salary schedule.

B. Compensation — Battalion Chiefs

1. Effective the first full pay period following July 1, 2621, the salary range will be increased by three percent (3%). Individuals will receive an adjustment of threepercent related to the change in the salary schedule.

2. Effective the first full pay period following July 1, 2022, the salary range will be increased by three percent (3%). Individuals will receive an adjustment of three percent related to the change in the salary schedule.

C. One -Time Bonus
All employees in paid status as of approval and adoption of the MOU will receive a one- time, 3%, non-PERSable bonus.

PPFMA MOU 242149 - 20234 7
ATTACHMENT 2

&D. Education and POST Certification Differentials
1 Police Sergeants shall be eligible to receive a salary differential, as follows:
• 4.5% - Possession of a P.O.S.T. Intermediate Certificate or Possession of an Associate of Arts (AA) degree.
• 7% - Possession of a P.O.S.T. Advanced Certificate or Possession of a Bachelor's of Arts (BA) or Bachelor's of Science (BS) degree.
• Sergeants may receive either the POST differential or the education differential but not both.

2. All Unit Police Employees who possess a P.O.S.T. Supervisory Certificate shall receive a 6.5% salary differential.

3. Police Lieutenants and Captains shall be eligible for a four percent (42%) salary differential for possession of a RQST Advanced Certificate or Bachelor's degree.

4. Police Lieutenants and Captains shall be eligible for a six percent (MI salary differential for possession of a Master's degree.

5. Fire Battalion Chiefs shall be eligible for a two percent J2%) salary differential for possession of an Associate of Arts (AA) degree.

6. Fire Battalion Chiefs shall be eligible for a four percent (4%) salary differential for possession of a Bachelor of Arts (BA) or Bachelors of Science (BS) degree.

7. Fire Battalion Chiefs shall be eligible for a six percent (6%) salary differential for possession of a Master's degree.

Police ulJnit employees eligible for the POST Certificate premiums, above, would receive the salary differential effective upon the Police Department's certification of the employee's eligibility for the applicable certificate (i.e., prior to receiving actual certificate from POST).

To the extent permitted by law, the City shall report education incentive pay as compensation earnable pursuant to CCR § 571(a)(2) and § 571.1 (b)(2), Education Incentive.

To the extent permitted by law, the City shall report POST Certificate pay as compensation earnable pursuant to CCR § 571(a)(2) and § 571.1 (b)(2), POST Certificate Pay.

POST or Education pay is applied to all hours worked and on all hours when leave accrual is used. Multiple levels of POST differential or Education differential pay do not compound on one another.

C E. Longevity Pay Program
Police Unit Employees who have completed fifteen (15) years of service with the City of Placentia will receive longevity pay of 2.5% applied to the base rate of pay.

PPFMA MOU 202 119 - 2023 , 8
ATTACHMENT 2

To the extent permitted by law, the City shall report longevity pay as compensation earnable pursuant to CCR § 571(a)(1) or § CCR 571.1 (b)(1), Longevity Pay.

D F. Special Assignment Pay

1. Police Sergeants assigned to Investigation (Detective and SED) shall receive a five percent (5%) pay differential applied to their base rate of pay.

To the extent permitted by law, the City shall report investigation incentive pay as compensation earnable pursuant to CCR § 571(a)(4) or § CCR 571.1 (b)(3), Detective Division Premium.

2. Police Sergeants assigned to Traffic shall receive a five percent (5%) pay differential applied to their base rate of pay.

To the extent permitted by law, the City shall report traffic pay as compensation earnable pursuant to CCR § 571(a)(4) or § CCR 571.1 (b)(3), Traffic Detail Premium.

3. Police Sergeants assigned to Personnel and Training shall receive a five percent (5%) pay differential applied to their base rate of pay.

To the extent permitted by law, the City shall this pay as compensation earnable pursuant to CCR § 571(a)(4) or § CCR 571.1 (b)(3), Police Administrative Officer Pay.

4. Police Sergeants assigned to Information Technology (IT) shall receive a five percent (5%) pay differential applied to their base rate of pay.

To the extent permitted by law, the City shall report this pay as compensation earnable pursuant to CCR § 571(a)(4) or § CCR 571.1 (b)(3), Police Administrative Officer Pay. 4,5 Police Lieutenants assigned to Administration shall receive a five percent (5%) salary differential applied to their regular base salary.

To the extent permitted by law, the City shall report Administration pay as compensation earnable pursuant to CCR § 571(a)(4) or § CCR 571.1 (b)(3), Police Administrative Officer Premium.
5:[i. Police Unit employees assigned to night shift shall receive shift differential pay of 2.5% applied to their base rate of pay.

To the extent permitted by law, the City shall report shift differential pay as compensation earnable pursuant to CCR § 571(a)(4) or § CCR 571.1 (b)(3), Shift Differential Premium. 6,7. City agrees to provide specialty pay differential of 5% applied to the base rate of pay for police uni-employees assigned to Field Training Officer (FTO) Coordinator.

PPFMA MOU 2o21I-9 - 20234 9
ATTACHMENT 2

To the extent permitted by law, the City shall report FTO Coordinator pay as compensation earnable pursuant to CCR § 571(a)(4) or § CCR 571.1 (b)(3), Training Premium_
7:8. Police Captains and Fire Battalion Chiefs are eligible for a Technology allowance of $75 per month. If Fire Battalion Chiefs elect to use a City -issued cell phone, they will not receive the Technology allowance.
&G. New Employee Finder's Fee
City agrees to provide unit members with Finder's Fee of $1,000 for the recruitment of a Police Officer (including a lateral Police Officer) that successfully completes the FTO program. This pay is not reportable to CaIPERS as special compensation.

F- H. Bilingual Pay
Employees who have the ability to communicate in a language in addition to English, and who occupy positions in which said ability is regularly used, may be designated by the appointing authority to receive Bilingual Pay differential of $165 a month to speak another language.

The designation of employees to receive Bilingual Pay shall be at the sole discretion of the City Administrator of the City of Placentia. Prior to receiving Bilingual Pay, designated employees must pass an objective testing process selected by the City demonstrating bilingual ability in a language recognized by the City to assist in providing service to the public.

To the extent permitted by law, the City shall report bilingual incentive pay as compensation earnable pursuant to CCR § 571(a)(4) § CCR 571.1 (b)(3), Bilingual Premium �I. Marksmanship Incentive Pay
Incentive pay for Distinguished Expert at $150.00 and Expert at $100.00 shall be available to all police unit employees, one time per year at the Annual Badge Qualification Shoot, under existing range standards or as approved by the Chief of Police.

Qualification shall be earned during the first string of fire only on the designated day of the shoot. City agrees to allow a warm up of ten (10) rounds at a stationary target. Ammunition for practice shall be available as per budget and policy established by the Chief of Police.

To the extent permitted by law, the City shall report marksmanship pay as compensation earnable pursuant to CCR § 571(a)(1) or § CCR 571.1 (b)(1), Marksmanship Pay ARTICLE 9 - OVERTIME, PREMIUM PAY AND WORK SCHEDULES
A. Overtime — Police Sergeants
1 PPFMA MOU 202119 - 20234 10
ATTACHMENT 2

1. Overtime Definitions
a. MOU/Contract overtime is defined as hours actually worked over forty hours paid in a seven-day workweek. All paid leave counts as hours worked toward eligibility for MOU/Contract overtime.
b. Fair Labor Standards Act (FLSA) overtime is defined as hours actually worked in excess of eighty-six (86) in a fourteen (14) day FLSA 207(k) work period. Hours worked is defined as hours actually worked by the employee. Paid leave does not count as hours worked for determining FLSA overtime eligibility.

B. Calculation of Overtime Payment — Police Sergeants

1. MOU/Contract Overtime will be calculated as 1.5 the base hourly rate of pay. The following pay differentials will also be calculated on overtime hours worked:
• POST/Education Pay
• Longevity Pay
■ Special Assignment Pay

2. FLSA overtime will be calculated pursuant to the requirements of the Fair Labor Standards Act.

C. Compensatory Time Off — Police Sergeants

1. Police Sergeants may
overtime hours worked.
non-FLSA CTO bank is
accrue non-FLSA CTO in lieu of payment for MOU/Contract There is no maximum cap on the Non-FLSA CTO accrual. The also used for receipt of holiday in lieu accruals.

2. Police Sergeants may accrue FLSA Compensatory Time Off in lieu of payment for working FLSA overtime. FLSA CTO accruals are capped at a maximum of three hundred (300) hours.

3. Unit employees with accrued FLSA compensatory time off shall be paid for accrued hours at his/her regular hourly rate upon separation from employment.

4. Unit employees who are promoted to another classification will be paid for accrued FLSA compensatory time off at their regular hourly rate prior to promotion.

D. Minimum Overtime
Police Sergeants required by the City to attend training, meetings or if called out for duty when off duty, shall receive credit for a minimum of three (3) hours overtime. Sergeants shall not be eligible for the three (3) hour minimum for training, meetings or call -outs which occur as immediately adjacent (before or after) to a regularly scheduled work shift.

E. Premium Pay for Lieutenants
PPFMA MOU 202119 - 20234 11
ATTACHMENT 2

1. The parties agree that Lieutenants are exempt employees under FLSA and California law.

2. Police Lieutenants are to be paid premium overtime pay only under the specified conditions outlined in this MOU, or as may additionally be approved by the Chief of Police or his/her designee.

3. Police Lieutenants shall receive premium overtime pay of time and one half the Lieutenant's base rate of pay for work performed outside of their regularly scheduled hours when attending mandatory training, meetings and call -outs, as assigned by the Chief of Police or his/her designee. Such premium pay will be paid in the pay period worked. The following pay differentials will also be calculated on overtime hours worked:
• POST/Education Pay
n Longevity Pay
• Special Assignment Pay

3. Overtime parameters for Lieutenants will continue until such time as all three (3) Lieutenant positions are filled. Once all three positions are filled, a Lieutenant will be eligible for overtime when authorized by the Chief of Police to work outside of his/her regularly scheduled hours. For the first 80 hours of overtime worked each calendar year, a Lieutenant shall be paid at straight time (base hourly rate of pay). Beginning with the 81St hour of overtime, a Lieutenant shall receive payment at the rate of one and one-half times his/her base rate of pay.

4. Among the work for which Lieutenants may receive premium overtime pay (as outlined above) is work performed adjacent to the beginning or end of a regular shift, as assigned by the Chief of Police or his/her designee.

5. Police Lieutenants required by the City to attend training, meetings or if called out for duty when off duty, shall receive credit for a minimum of three (3) hours of premium overtime pay. Lieutenants shall not be eligible for the three (3) hour minimum for training, meetings or work immediately adjacent to (before or after) a shift.

F. Premium Pay for Battalion Chiefs
Fire Battalion Chiefs — as a 24 -hour shift employee, non-exempt full-time employees shall receive overtime compensation for all hours worked in excess of 212 in a 28 -day work period. Paid leave does not count as hours worked for determining eligibility. Overtime shall be paid at the FLSA overtime rate of pay and shall be pre -approved by the Fire Chief or his/her designee.

F.G. Court Time

1. Pay for Court Appearances
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If a police unit employee is subpoenaed to court on City business during his/her off duty hours, the employee shall paid for time spent in court. A unit employee shall be paid a minimum of three (3) hours of overtime if the entire period of such court time occurs during the employee's off -duty hours.

2. Court Standby
In lieu of appearing as shown on the subpoena, a police [Jolt employee subpoenaed during his/her off -duty hours may be placed on stand-by status. If a court appearance does not result from stand-by status, the unit employee shall be compensated at the rate of three hours of straight time pay for each morning period and an additional three hours of straight time pay for each afternoon period of such stand-by.

If the police unit -employee is only on stand-by status for the afternoon, the unit employee is compensated for both morning and afternoon of a total of six hours of pay. A unit employee shall be compensated for the morning period only if the Court Liaison notifies the City's employee voice mail system or the unit employee is notified by the court directly prior to noon on that court day of a cancellation. When the unit employee is notified after noon for a morning or afternoon subpoena of a cancellation the unit employee is compensated for morning and afternoon pay. The unit employee does not need to check the City's employee voice mail system by 5:00 p.m. the same court day to be eligible for the on call pay.

If a policeun+t employee's court appearance is required within 2% hours following the end of his/her assigned work shift (night shift), he/she shall be compensated at 1'/% times his/her base hourly rate for "bridge time" and actual work hours resulting from said court appearance.
6:H. Range Training
Police Sergeants and Lieutenants shall be paid for attendance at "Range (weapons) Training", for a three (3) hour minimum per training. This only applies when the Range Training does not occur during the unit employee's regular shift.
1=kl. Work Schedules

1. Police Sergeants shall work either the "4-10" work schedule or "3-12.5+10" work schedules, depending on assignments as outlined below.

2. The basic work schedule for Sergeants assigned to the patrol division shall be three consecutive 12.5 -hour workdays per week and one additional 10 -hour makeup workday every fourth week so that in every four (4) weeks unit Sergeants are scheduled to work 160 hours. The basic work hours for patrol shifts shall be:
• Day shift: 0600-1830 hours
• Night shift: 1800-0630 hours.

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Each Sergeant shall be paid for hours worked in each pay period.

3. Police Sergeants assigned to Professional Standards and Training, Investigations, Traffic and Special Enforcement Detail will work a 4/10 schedule (the specific days to be determined by the supervisor of each unit). The schedule for each Sergeant will be established to be a regular set schedule with all 4 work days being consecutive days.

Any time worked in excess of the Sergeant's regular schedule shall be compensated as overtime. The only exception will be when a Sergeant flexes their schedule with prior supervisor approval. No Sergeant will be required to flex their regular schedule to avoid the City compensating for overtime.

4. Police Captains and Lieutenants shall work the "4-10" work schedule. This schedule consists of four (4) 10 -hour work days in each seven day period, with three (3) consecutive days off.

5. Fire Battalion Chiefs
a. Work Period. The work period for Fire Battalion Chiefs, under the Fair Labor Standards Act's 7K exemption, consists of twenty eight (28) consecutive days. b. Work Schedule. The work schedule for Fire Battalion Chiefs shall be a "48/96" schedule under which firefighters will work two (2) consecutive days/ninety-six (96) consecutive hours off from work_
If apolice n -employee eligible for Court time compensation is required to make a work -related court appearance during off -duty hours such that said appearance may result in fatigue during his/her next scheduled work shift, said court time may, upon employee request and with advance supervisory approval, be handled in any one of the following alternative ways:
a. the employee may report late to his/her next scheduled work shift, by an amount of time equivalent to that spent in the court appearance; or b. the employee may leave his/her next scheduled work shift early, by an amount of time equivalent to that spent in the court appearance.
677. Police Unit employees will cooperate to the fullest possible extent in voluntary sign-up for "hireback" and other overtime,
7,8- The start and end time of employees' regular work shifts and work schedules (as defined above) shall be at the sole discretion of the Police Chief for police personnel, and the Fire Chief for fire personnel. Police a mployees will be provided seven calendar days' notice when their regular hours or work schedule is to be changed. € 9. The City agrees that it is responsible for keeping accurate accounting of all hours worked to ensure that employees are compensated and scheduled for makeup days as necessary to carry out the objectives of these schedules.

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S:1 O. Shift selection is based on seniority and occurs twice per year for Police employees.

J -J. Shift Trades
Police employees in the unit have the right to trade shifts with their colleagues at the same rank subject to the following conditions:

1. Both employees agree to the shift trade voluntarily.

2. A supervisor approves the shift trade. Supervisors will not unreasonably deny a trade.

However, denials are not subject to being grieved.

3. The employee whose shift is worked gets credit for the shift. Thus, the employee whose shift was worked will record the time as time worked on his or her time sheet.

4. Payback of the traded shift will be the responsibility of the two employees who trade shifts and will not be monitored by the City. Traded shifts should fall in the same two week pay period. If an employee leaves the City having not paid back a shift, it shall be the responsibility of the two employees to work out any pay back.

5. If an employee agrees to trade shifts with another employee and then calls in sick and/or does not work the shift, the employee who agreed to work the shift shall have his/her Sick Leave deducted. For example, if Police Sergeant A agrees to work the shift for Police Sergeant B and prior to the shift, Police Sergeant A calls in sick and does not work the shift, Police Sergeant A's Sick Leave is deducted and Police Sergeant B gets credit for the shift.

J.K. Police Specialty Assignment Rotation

1. Specialty Assignment Rotation Policy
The policy for specialty position assignments is intended to address issues of equity and performance. For purposes of this policy, the following positions fall into the specialty position category:
• Investigation
o Detective Sergeant (Including those assigned to task forces) o Special Enforcement Detail Sergeant (Narcotics and Gangs) • Traffic Sergeant
• Professional Standards and Training Sergeant
• Administrative Lieutenant
A unit employee assigned to a Specialty Position will remain in that position for a minimum period of three years, unless circumstances dictate an earlier rotation. Such circumstances may include, but are not limited to, promotion, application and selection for another Specialty Position, request by the unit employee to return to former position, staffing requirements, reorganization or performance issues, or a decision by the Police Chief.

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The standing duration for a Specialty Position assignment is three (3) years. A unit employee holding a Specialty Position may receive two (2) one-year extensions at the conclusion of the three-year assignment. Those extensions will be based upon documented job performance and the approval of the Chief of Police. For purposes of this policy, documented job performance will include that performance articulated in the unit employee's annual performance evaluation, Personnel Incident Reports (PIRs) and counseling memorandums.

At the conclusion of the above -described five-year maximum assignment period the position will be opened to interested, eligible personnel. A unit employee holding a Specialty Position may reapply for that position or another Specialty Position. Assignments extending beyond five years may be made on a year -by -year basis.

A unit employee in a Specialty Position who applies and is selected for another Specialty Position would then serve in that assignment for the minimum three-year period and would be eligible to qualify for two (2) one- year extensions as described above.

The Police Chief has the sole discretion to determine who shall receive a special assignment and has absolute discretion regarding the assignment and reassignment of employees to special assignments. Any such assignment is not vested and may be revoked at any time and the Rules of Evidence shall govern any appeal required by Section 3304(b) of the California Government Code and Procedure for Employee Removed from Special Assignments as identified below.

2. Rules of Evidence and Procedure for Employees Removed from Special Assignments Any unit employee removed from a Specialty Pay position for non -disciplinary reasons may file a written appeal with the City Administrator within 10 days of receiving notice of removal, in accordance with the following:
a. Hearings shall be conducted by the City Administrator or his/ her designee. b. The question to be decided is whether the City abused its discretion in removing the unit member from the Specialty Pay position.
c. Formal rules of evidence and procedure that may be applicable in a court of law shall not apply to these hearings. Evidence, both oral and documentary, shall be admissible if it is the type of evidence that responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any judicial rule which might have made improper the admission of such evidence over objection in civil actions. Hearsay evidence may be admitted for the purpose of supplementing or explaining any direct evidence but shall not be sufficient by itself to support a finding unless it would be admissible over objection in civil actions.

The rules of privilege shall be applicable to the same extent that they are recognized in civil actions.
d. Each party shall have the right to call and examine witnesses, to introduce exhibits I PPFMA MOU 202139 - 20234 16
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and to cross examine opposing witnesses. If the employee does not testify his or her own behalf, the employee may be called and examined as if under cross- examination.
e. Testimony shall be recorded by means of either a tape recording or certified court reporter.
f. Witness shall be sworn unless both parties stipulate otherwise. g. Written declarations made under penalty of perjury shall be admissible, provided, however, that declarants shall be made available for testimony at the request of the party against whom the declaration is offered.
h. The unit member appealing the removal from the Specialty Pay position has the burden of proof. The standard of proof is a preponderance of the evidence. The City shall present its case first. During the presentation of the City's case, the employee shall have the right to cross-examine any witness called to testify by the City. During the presentation of the employee's case, the City shall have the right to cross-examine any witness called by the employee to testify. i. Both parties shall have the right to counsel. Employee may be represented by the applicable employee organization representative.
j. Both parties shall have the right to present an opening argument prior to the presentation of any evidence and a closing argument after the presentation of all evidence.
k. The City Administrator, or his/her designee, shall decide all questions of procedure and evidence.

I. The City Administrator, or his/her designee, shall issue a written decision within 30 days of 1) the conclusion of the hearing, or 2) the receipt of post -hearing briefs if such briefs are requested by the City Administrator or his/her designee. m. The decision of the City Administrator shall be final and binding. If the City Administrator chooses to designate a hearing officer, that hearing officer will make a recommendation based on written findings to the City Administrator, whose decision shall be final and binding.
n. Any objection to the City Administrator, or his/her designee, on the grounds of bias, must be made in writing, stating the reasons therefore, by delivering of the writing to the City Administrator no later than five (5) days prior to the date of the hearing.

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ARTICLE 10 - MEAL PERIODS
Police eEmployees assigned to Patrol and the Detective Bureau will receive a paid thirty (30) minute meal break because they are available to respond immediately to calls for service during their meal break.

Police Captains and the Administrative Lieutenant are provided with a one -hour unpaid meal break.

ARTICLE 11 — RETIREMENT
All police employees covered under this MOU shall be members of the California Public Employees' Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with CaIPERS, as amended.

Whereas the City passed Resolution (R -2019-44j, Ordinance (O-2019-10), allowing them to enter into a CaIPERS amendment CaIPERS ID #2117892921 PERS-CON-702A) excluding Firefighters from CaIPERS.

Police:

1. Tier I - PERS 3% @ 50 FORMULA — For Classic Members, the employees will contribute the full (9) percent member contribution via payroll deduction.

2. TIER II - PERS 2.7% @ 57 FORMULA — For PEPRA Members, the employees will contribute one-half the total normal cost as identified by CaIPERS via payroll deduction.

Fire:

1. The City provides a defined contribution plan for employees. Retirement age is 50 years. All Fire Battalion Chiefs will receive a 401a Plan in the form of the ICMA Retirement Corporation Government Money Purchase Plan and Trust. Employees become 100% vested in the plan upon completion of their fourth anniversary of employment with the City. Should the employee separate from service prior to their fourth anniversary, all retirement benefit contributions made by the City on their behalf will be returned to the City.

2. The Employer shall contribute on the behalf of each participant 10% of base pay.

Compensation defined as base pay excludes overtime, specialty -pay, education pay, reimbursements, allowances, leave cash outs and any other ad hoc pay. Mandatory Participant Contributions are NOT required. Limit is $19,500 per year_ The City does not participate in Social Security.

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ARTICLE 12 - MEDICAL INSURANCE
A. The City will provide access to medical insurance through the California Public Employees' Retirement System (CaIPERS). If a unit employee elects to participate in a CaIPERS medical plan, the maximum monthly City contribution, including any PERS required minimum, will be made as follows:

1. For active employees:

The City shall pay up to 100% of the plan selected, up to a maximum of:
$744 per month for employee only
$1,623 per month for employee+1
$2,076 per month for employee+2

2. For retirees, if hired prior to November 21, 1995:

The City shall pay up to 100% of the plan selected, up to a maximum of:
$735 per month for employee only
$1,542 per month for employee+1
$1,972 per month for employee+2
Once the retiree attains eligibility for Medicare coverage, the City's contribution shall be up to a maximum of:
$599 per month for employee only
$1,406 per month for employee+1
$1,836 per month for employee+2

3. For retirees, if hired on or after November 21, 1995:

The City shall pay the CaIPERS minimum mandated contribution.

B. Unit employees may select any available CaIPERS benefit plan. Should a unit employee select a plan with premiums in excess of the City contribution level, the employee will be responsible for payment of such through payroll deductions. Should an individual select a plan less than the City contribution, the City's contribution is limited to the plan premium.

C. Retirees will have access to the CaIPERS Health Benefit Program in accordance with CaIPERS regulations.

D. Active police employees who were hired into the PPMA unit prior to January 1, 2020 and who opt out of medical coverage will receive a medical opt -out payment. This payment is intended to comply with the Affordable Care Act's Eligible Opt -Out arrangement. The opt - out payments are as follows:
• Family to 2 Party - $357.50
• 2 Party to Employee - $536.25
• Family to Employee Only - $607.75
• Employee - $607.75
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• Employee + Dependent - $822.25
• Employee + Family - $1001.00
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E. Employees hired or promoted into PPFMA after January 1, 2020 who opt out, will receive an opt out amount of $400 per month.

F. Employees who opt out of the CaIPERS medical plan and receive cash must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction ("tax family"), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies ("opt out period"); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt -out payment cannot be made and the City will not in fact make payment if the employer knows that the employee or tax family member doesn't have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.

ARTICLE 13 - OTHER INSURANCE BENEFITS
A. Dental Insurance
The City agrees to make available to all employees covered by this Memorandum of Understanding dental insurance, and to pay the full premium for employee and dependent coverage for said insurance, plus any premium increases which occur during the term of the Memorandum of Understanding. The City reserves the right to select the insurance carrier, or to administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding. The City agrees to meet and confer with PPFMA representatives before any reduction of dental insurance coverage.

Effective Jan. 1, 2017, City will provide dental enhancement to the Principal PP0 Plan/Principal Point -Of -Service (POS) Dental Plan to include orthodontic coverage, this benefit is a $1,500 lifetime maximum per family member enrolled in the dental plan.

B. Optical Insurance
The City agrees to provide all employees covered by this Memorandum of Understanding optical insurance. Further, the City agrees that it shall pay the full premium for employee and the dependent coverage during the term of this Memorandum of Understanding. The City reserves the right to select the insurance carrier, or to administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding.

The City agrees to meet and confer with PPFMA representatives before any reduction of optical insurance coverage.

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C. Short and Long Term Disability
The City agrees to provide to all full-time unit employees a short-term disability insurance plan at its sole expense. The basic coverage of this insurance shall be to guarantee a disabled employee an income of 66-2/3% of employee's basic salary up to a maximum of $1,230/week following a fifteen(15) day waiting period or the exhaustion of al accrued sick leave. Definition of "disability" and duration of eligibility for benefits shall be as set forth in the City's policy with its insurance carrier.

The City agrees to provide to all full-time employees covered by this Memorandum of Understanding a long-term disability insurance plan at its sole expense. The basic coverage of this insurance shall be to guarantee a disabled employee an income of 66 2/3% up to a maximum of $5,334/month of his basic salary following a ninety (90) day waiting period.

Definition of "disability" and duration of eligibility for benefits shall be as set forth in PLACENTIA's policy with its insurance carrier.

D. Life Insurance
The City agrees to provide to all employees covered by this Memorandum of Understanding life insurance at its sole expense, in the amount of one times each employee's -earnings, rounded to the next $1,000 with a maximum of $150,000 of coverage, $1,000 for spouse, registered domestic partner and children over the age of six (6) months.

E. Flexible Spending Account
The City agrees to continue an IRS Section 125 Flexible Spending Accounts Program.

ARTICLE 14 - PERSONAL TIME OFF
The purpose of personal time off (PTO) is to enable eligible unit employees to take time off from work.

A. PTO Accrual Rate - Police
Each eligible full-time unit employee shall accrue PTO on the following basis with the maximum accrual twice the annual accrual plus 100 hours (as noted in the table below):

1. Following completion of the first six months of continuous service, 40 hours; thereafter up to and including three (3) years of service, 3.08 hours (80 hours annually) for each completed bi-weekly pay period of service;

2. Upon completion of three (3) years of service and thereafter up to and including ten (10) years of service. 4.62 hours (120 hours annually) for each completed bi-weekly pay period of service;
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3. Upon completion of ten (10) years of service and thereafter 6.46 hours (168 hours annually) for each completed bi-weekly pay period of service.

Years of Service
0-3 years
3-10 years
10+ years
Accumulation Rate

3.08 hrs/pay period — or
80 hours annually

4.62 hrs/pay period — or
120 hours annually

6.46 hrs/pay period — or
168 hours annually
Maximum Accumulation
160 hours + 100 hours =
260 hours
240 hours + 100 hours =
340 hours
336 hours + 100 hours =
436 hours
A completed biweekly pay period is defined as a pay period in which the employee has been in pay status for more than half of the working hours in that pay period.

B. PTO Accrual Rate and Cash Out — Fire

1. PTO Accrues on a per pay period basis as follows:

Years of Service
0-5 years
6-7 years
8-10 years
10+ years
Accumulation Rate

4.62 5.38

6.15 6.92

2. Partial PRO Leave Accrual
Maximum Accumulation
120 hours
140 hours
160 hours
180 hours
Should an employee have paid hours less than their normally required full time scheduled hours during any pay period, PTO accrual will be pro -rated based on the number of paid hours.

3. PTO Maximum Accrual
Employees may accumulate up to a maximum of 260 hours. Once an employee reaches the maximum, no additional PTO will accrual until the accrual bank is below the maximum.

4. Cash Out
An employee may irrevocably elect to receive payment for PTO as follows:

1. The employee submits a completed PTO Leave Cash Out Election form (provided by Human Resources; by December 15th to elect to receive a cash payment for PTO hours that was accrued during that calendar year.

2. The election for cash out is limited to one -hundred and fifty (150) hours of accrued and unused PTO.

3. The irrevocable election request is to receive cash payment for the number of PPFMA MOU 202119 - 20231 22
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hours elected at the base hourly rate of pay.

4. Payment for the PTO cash out will occur with the first paycheck paid in December of the following calendar year.

5. At the time of the cash out, the balance of PTO once the cash out is made must be at least forty-eight (48) hours. Should the balance fall below forty-eight (48) hours, the amount of cash out will be adjusted to provide a cash out that results in a PTO balance of forty-eight (48) hours. Should fewer than ninety-six (96) hours be accrued at the time of cash out, no payment for PTO will be made to the employee.

5. Use of PTO Immediately Prior to Separation
PTO may not be used immediately prior to separation as a means to extend fully paid status for an individual when there is no intent to return to work, unless expressly approved by the City Administrator or as permitted under the law.

6. Payment of Accrued and Unused PTO Upon Separation
Accrued and unused PTO in accordance with the maximum accrual and other applicable sections of this document is paid at the base hourly rate of pay with the final paycheck upon separation from City service.
l -C. Use of PTO
1 ,Unit employees will request personal time off through their immediate supervisor.

2. Approval of a personal time off request is the responsibility of the Chief of Police for police employees and Fire Chief for fire employees, or his/her designee. He/she will primarily consider the needs of the City and, insofar as possible, the wishes of the employee. 2 3. Use of PTO may not exceed accumulated PTO leave bank. 3;4. Unit -Police employees with Extraordinary Vacation Leave Banks may use either their regular PTO bank or their Extraordinary Bank when taking PTO.

G7D. PTO Payment Upon Separation of Employment - Police An employee who separates from the service of the City shall receive payment for unused and accumulated PTO as of the date of separation, provided that accumulation of PTO shall be conditional upon completion of one (1) year of continuous service and an employee who, for any reason, does not complete one (1) year of continuous service, shall receive no credit/payment for personal time off.

D,E. Employees Not Granted PTO Use - Police
Should a unit employee be unable to utilize PTO, after requesting leave in a reasonable time (at least two weeks) prior to reaching their PTO maximum, the City agrees to cash out 40 hours of PTO from the unit employee's regular PTO bank at the employees base hourly rate of pay in effect at the time of the cash out. Requests for PTO will not be unreasonably denied.

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ARTICLE 15 - SICK LEAVE & ALTERNATIVE HEALTH AND WELLNESS PROGRAM Unit employees participate in the Alternative Health and Wellness (AHW) program which provides leave to be used for sick leave purposes as well as an incentive when employees use low amounts of leave. For Tong -term unit members, frozen sick leave banks may exist. Frozen sick leave banks may also be used for sick leave purposes or employees have the option of cashing out a portion of that leave as described below.

AHW hours and frozen sick leave hours may be used for an employees' illness or injury, medical appointments, for victims of domestic violence or stalking, or for other reasons the law allows sick leave to be used. Additionally, AHW leave may be used for family sick leave purposes as defined under the law (Labor Code 233).

Evidence may be required in the form of a physician's certification, or other documentation, for any absence of a duration of three (3) or more consecutive working days during which AHW or frozen sick leave is requested unless waived by the City Administrator. If the absence during which leave is requested is less than 3 consecutive work days no physician's certificate (note) will be necessary prior to returning to work, unless the City has reasonable cause to believe there is abuse of the leave.

A. Alternative Health and Wellness Leave/Program

1. AHW leave accrual cannot exceed one -hundred and ninety-two (192) hours.

2. Unit members receive up to ninety-six (96) hours of AHW leave with the first pay period in July, as long as the AHW bank does not exceed 192 hours.

3. The AHW hours have no cash value during employment.

4. New employees will receive a pro -rated amount of AHW hours based on their date of hire. For example, an employee who begins employment in October, will receive sixty- four (64) hours of AWH with the first pay period in November for the remaining eight months in the fiscal year. New employees may use AHW leave after completing three months of City service.

B. AHW Incentives

1. Unit members in active service as of July 1St will receive $250 with the first pay check in July.

2. In addition to the $250, unit members who use thirteen (13) hours of leave or less of AHW leave between July 1 — June 30 will be given $1,000 with the first pay check following the completion of the fiscal year and may convert twenty-four (24) hours of AHW leave to their PTO bank (subject to PTO bank maximums). The employees must submit an election form requesting the conversion by June 1st of each year, and those who meet the criteria will have the 24 hours converted to PTO prior to the annual allocation of AHW leave.
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3. In addition to the $250, unit members who use more than thirteen (13) hours but twenty- six (26) hours of leave or less of AHW leave between July 1 — June 30 will be given $500 with the first pay check following the completion of the fiscal year and, may convert twelve (12) hours of AHW leave to their PTO bank (subject to PTO bank maximums). The employees must submit an election form requesting the conversion by June 'Pt of each year, and those who meet the criteria will have the 12 hours converted to PTO prior to the annual allocation of AHW leave.

C. AHW Upon Separation
Upon separation, employees with accrued, unused hours in their AHW banks, shall be paid out according to the following:

Years of Service Rate
0 to 3 years
Over 3 to 6 years
Over 6 to 9 years 65%
Over 9 to 20 years 80%
Over 20 years 85%
Retirement 100%
0%
55%
D. Conversion of Sick Leave to CaIPERS Service Credit - Police Pursuant to the City's contract with CaIPERS, unused sick leave that is not paid as cash may be converted to service credit as permitted under the CaIPERS regulations.

E. Frozen Sick Leave - Police
For Lon4t police members with frozen sick leave, each year those employees may elect to cash out up to ninety-six (96) hours of frozen sick leave, until the frozen sick leave is depleted. The cash out is paid at the employees' base hourly rate of pay. Unit members electing to cash out frozen sick leave, must submit a frozen sick leave cash out form no later than November 15th of each year to receive the cash out with the last paycheck in December.

Frozen sick leave has no cash value at the time of separation from employment.

F. AHW and Sick Leave Upon Reemployment
An employee who separates from City service and is reemployed by the City shall be treated as a new employee and shall not be entitled to any prior AHW leave unless required by law.

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ARTICLE 16 - BEREAVEMENT LEAVE
Unit members are eligible for bereavement leave because of death within the immediate family.

Immediate family shall be defined as parent, child, step -child, spouse, registered domestic partner, sibling, grandparent, grandchild, and spouse's parents and grandparents. PPMA Police members may take bereavement leave for one full workweek (up to 40 consecutive hours) for each death that occurs in the member's immediate family. Fire members may use up to forty- eight (48) hours of paid bereavement leave in a consecutive twelve-month period beginning from the date the leave first begins.

ARTICLE 17 - OTHER LEAVE PROVISIONS
A. Annual Leave Buy Back - Police
Annually, by December 15th, fix'}fic:e employees may submit an irrevocable election form to receive payment of accrued leave in the following year under the following conditions:

1. An employee may elect to cash out up to one -hundred and fifty (150) hours of accrued PTO, Extraordinary Vacation Leave, or Comp Time to be paid with the first paycheck in December as long as after the cash out, a minimum of eighty (80) hours remain in the PTO bank.

2. Employees with Extraordinary Vacation Leave must cash out that leave bank prior to requesting to cash out PTO or Comp Time.

For example, irrevocable election forms submitted in December 2019 will be for the December 2020 cash out. The hours of leave, which are converted to pay, shall be deducted from the employee's applicable accrual bank as identified on the irrevocable election form. The remaining unused leave shall remain in the applicable leave bank.

B. Other Leave Cash Out Processes - Police

1. In July each year, the City may elect to cash out up to two hundred (200) hours of the unit employee's Extraordinary Leave Bank until it is fully depleted.

2. In July of each year, the City may elect to cash out up to one hundred (100) hours of a unit employee's non-FLSA compensatory leave hours in excess of nine hundred (900) hours. Such optional buy-back will only occur in instances in which the Unit Employee's Extraordinary Leave Bank is exhausted.

Leave cash outs as outlined in this article may paid in cash or as a deferred compensation contribution, at the employee's option, within the applicable IRS limits.

PPFMA MOU 202119 - 2023. 26
ATTACHMENT 2

C. Industrial Accident Leave
i
Police personnel covered by Section 4850 of the California Labor Code, shall receive industrial accident leave according to the provisions of Section 4850, California Labor Code. (Pay is non- taxable to the extent of wage loss.)
Any employee so entitled shall continue to accrue vacation, holidays, and sick leave, and to earn eligibility for consideration for merit salary increases during an absence resulting from an on-the-job injury.

The City will engage in the interactive process to evaluate the ability to provide reasonable accommodation to permit the employee to work in a light/modified duty capacity when a treating physician indicates that an employee may return to work with work restrictions.

D. Non -Industrial Injury
When an employee sustains a non -industrial injury/illness, and the City has received work restrictions from the treating physician, the City will engage in the interactive process to evaluate the ability to provide reasonable accommodation to permit the employee to work in a light/modified duty capacity.

E. Military Leave
Military Leave with pay shall be granted pursuant to Division 2, Part 1, Chapter 7, Sections 395, et seq. of the Military and Veterans' Code of the State of California and City Resolution R-2001-

64. F. Other Leaves
The City Administrator may grant a leave of absence without pay to a unit member at his/her sole discretion.

G. Catastrophic Leave Bank
The City agrees to permit employees to voluntary contribute accrued FLSA comp time, non- FLSA compensatory time, or PTO hours to City employees, who have exhausted available accrued leave time under emergency conditions.

The City and PPFMA agree that a catastrophic leave bank shall be created for unused/reimbursed donated hours to be retained for use by PPFMA members elected by the PPFMA.

PPFMA MOU 20214-9 - 20234 27
ATTACHMENT 2

ARTICLE 18 - HOLIDAYS
A. Designated Holidays
All Unit Employees, except as hereinafter noted, shall be entitled to the following holidays, consisting of ten (10) hours each:

1. New Year's Day January 1

2. Martin Luther King Day (Third Monday in January)

3. Washington's Birthday (Third Monday in February)

4. Memorial Day (Last Monday in May)

5. Independence Day July 4

6. Labor Day (First Monday in September)

7. Veterans' Day November 11

8. Thanksgiving Day (Fourth Thursday in November)

9. Friday after Thanksgiving (Day after Thanksgiving)

10. Christmas Eve December 24

11. Christmas Day December 25

12.One "floating holiday" in each 12 -month period; effective at the beginning the fiscal year and may be taken on such date as requested by the employee subject to supervisor's approval.

B. Dates of Observance of a Holiday
When a holiday falls on a Sunday, the following Monday shall be deemed to be a holiday in lieu of the day observed. When a holiday falls on Saturday, the preceding Friday shall be deemed to be a holiday in lieu of the day observed. As Christmas Eve and Christmas are successive holidays, if either of them falls on a Saturday or Sunday, the City will celebrate the double holiday on the Friday preceding and the Monday following such a weekend.

C. Holidays for Shift Employees
Unit Employees subject to shift work in the Police c}r F it a Department shall not be entitled to leave on designated holidays, but will receive 4.62 hours per pay period in lieu of holiday pay or leave on the designated holiday. These hours are placed in the Non-FLSA CTO bank.

D. Holiday Closure

1. City to provide forty-eight (48) hours of leave for use during the holiday closure. These hours are placed in the MAL leave bank. Employees who are not working between December 1720, 20214-9 and January 3, 20220, must use these hours for days off of work. Employees in critical positions who are unable to utilize time off during Holiday Closure period will receive pay for unused hours on the last paycheck in June 20220.

Hours are subject to the normal approval process and will be prorated for new employees. Employees must be employed during Holiday Closure period between December 1720, 20211-9 and January 3, 20220 to be eligible. Any time not utilized or paid out will be forfeited effective June 30, 20220.

PPFMA MOU 2021 - 20234 28
ATTACHMENT 2

2 1.

2. City to provide forty eightsixty (6048) hours of Leave for use during the holiday closure.

These hours are placed in the MAL leave bank. Employees who are not working between December 168, 20220 and January 34, 20234-, must use these hours for days off work. Employees in critical positions who are unable to utilize time off during Holiday Closure period will receive pay for unused hours on the last paycheck in June 20231-. Hours are subject to the normal approval process and will be prorated for new employees. Employees must be employed during Holiday Closure period between December 168, 20220 and January 34, 20234- to be eligible. Any time not utilized or paid out will be forfeited effective June 30, 20234-,
ARTICLE 19 - LEAVES OF ABSENCE

1. During any unpaid leave of absence, unit members will not accrue leave and the City will not contribute toward medical/insurance benefits, unless required to do so under the law.

2. Unit members with accrued leave are required to utilize their leave accruals when they are absent from their regular schedule. Accrued leave shall be used to cover any hours of absence from the employees' regular work schedule. Unpaid leaves of absence for partial or full days, is not authorized when accrued leave is available.

ARTICLE 20 - CITY PROVIDED VEHICLES
The City shall update the Vehicle Use Policy (No. 348) as soon as feasibly possible.

The Police Department positions who are authorized to have a take home vehicle assigned to them shall be as follows:
• Captains
• Administrative Lieutenant
• Patrol Lieutenant
• Traffic Sergeant (Motorcycle)
• Investigative Sergeant
• Special Enforcement Detail Sergeant
ARTICLE 21 - GRIEVANCE AND ARBITRATION PROCEDURES
(Police Employees)
A. Purpose
The purpose of the grievance procedure is:

1. To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.

2. To afford unit employees, individually or through qualified employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.

3. To provide that a grievance shall be settled as near as possible to the point of origin.

PPFMA MOU 2021 4 - 2023 , 29
ATTACHMENT 2

4. To provide that appeals shall be conducted as informally as possible.

B. Matters Subject To Grievance Procedure
Any unit employee shall have the right to grieve alleged violations or misapplications of this Memorandum of Understanding or of existing resolutions, ordinances, rules or regulations with respect to wages, hours, or conditions of employment, or suspension, dismissal from employment or any other disciplinary action; and for which appeal is not provided by other regulations or is not prohibited.

C. Informal Grievance Procedure
A unit employee who has a problem or complaint should first try to get it settled through discussion with his/her immediate supervisor without undue delay. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with his/her supervisor's immediate superior.

Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the unit employee is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance. Any formal grievance must be filed within thirty (30) calendar days after the event giving rise to said grievance.

D. Formal Grievance Procedure

1. First Level of Review (Step 1) - The grievance shall be presented in writing to the unit employee's immediate supervisor, who shall render his/her decision and comments in writing and return them to the unit employee within fifteen (15) calendar days after receiving the grievance in writing. If the unit employee does not agree with his/her supervisor's decision, or if no answer has been received within fifteen (15) calendar days after submitting the grievance in writing to the immediate supervisor, the unit employee may present an appeal in writing to the Police Chief. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the written decision of his/her supervisor, or within twenty-five (25) calendar days following submittal of the written grievance to the supervisor if no decision by the supervisor is rendered, will constitute a withdraw/dropping of the grievance.

2. Department Review (Step 2) - The Police Chief receiving the grievance, or his/her designated representative, shall discuss the grievance with the unit employee, his/her representative, if any, and with other appropriate persons. The Police Chief (or designee) shall render his/her decision and comments in writing, and return them to the unit employee within fifteen (15) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within fifteen (15) calendar days, he/she may present the grievance, in writing, to the City Administrator. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the decision of the Police Chief (or designee), or within twenty-five (25) calendar days following submittal of the written grievance to the Police Chief if no PPFMA MOU 202149 - 20234 30
ATTACHMENT 2

decision is rendered by the Police Chief (or designee), will constitute a withdraw/dropping of the grievance.

3. City Administrator Review (Step 3) - The City Administrator shall discuss the grievance with the unit employee, his/her representative, if any, and with other appropriate persons.

The City Administrator may designate a fact finding committee or an individual not in the normal line of supervision, to advise him/her concerning the grievance. The City Administrator shall render a decision in writing to the unit employee within twenty (20) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within twenty (20) calendar days, he/she may submit the grievance to binding arbitration, as outlined below. Failure of the unit employee to take further action within ten (10) Calendar days after receipt of the City Administrator's decision, or within a total of twenty (20) calendar days following submittal of the written grievance to the City Administrator if no decision is rendered will constitute a withdraw/dropping of the grievance.

E. Conduct of Grievance Procedure

1. The time limits specified above may be extended to a definite date by mutual agreement of the unit employee and the reviewer concerned.

2. The unit employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review.

3. The unit employee and his/her representative may be permitted to use a reasonable amount of work time, as determined by the Police Chief, in conferring about and presenting the appeal.

4. Unit employees shall be assured freedom from reprisal for using the grievance procedure.

F. Arbitration

1. General Provisions
After having exhausted the provisions of the Grievance Procedure set forth herein, an eligible unit employee shall have the right to submit to binding arbitration any grievance which has not been resolved to his/her satisfaction, except in instances where such submission is specifically prohibited by the Personnel Ordinance, City Personnel Rules or this Memorandum of Understanding. Such appeal may be filed only after completion of Step 3 of the Grievance Procedure and in accordance with the time limits provided herein. Binding arbitration, as provided in this Article, shall be the sole and exclusive procedure for final resolution of unresolved grievances.

2. Procedures
If the grievant is not satisfied with the decision rendered at Step 3 of the Grievance Procedure, he/she may submit the matter to binding arbitration within the time limits set forth in the Grievance Procedures by filing written notice of such submission with the I PPFMA MOU 202114 - 20234 31
ATTACHMENT 2

Director of Administrative Services. The written notice shall set forth the issue being submitted to binding arbitration the provision(s) allegedly violated, and the remedy requested.
a. The City's representative and the grievant or his/her designated representative(s), shall select an impartial third party to serve as the arbitrator. b. If the City's representative and the grievant, or his/her designated representative(s), are unable to agree upon an impartial third party, then the arbitrator shall be selected by mutually striking and ranking names from a list of professional arbitrators supplied by the American Arbitration Associations. Failure of the unit employee to participate in obtaining a list of arbitrators, selecting a single arbitrator, or scheduling an arbitration date within thirty (30) calendar days of being requested to do so by the City, shall constitute a dropping of the grievance.
c. Each party to the dispute shall have the opportunity to present testimony and relevant evidence and to cross-examine witnesses before the arbitrator. After hearing the case, the arbitrator shall, in writing, submit to the parties his/her decision for resolution of the grievance. The decision of the arbitrator shall be final and binding upon both parties.

3. Conditions
The arbitrator shall have no power to add to, subtract from, nor to modify any of the terms of any memorandum of understanding between the parties. The arbitrator's award shall be consistent with, and controlled by, the Personnel Rules, Ordinances, and Charter of the City of Placentia, as well as the laws and Constitution of the State of California.

4. All expenses of arbitration shall be borne equally by the parties.

5. The provisions of this Section shall in no way apply to the "meet -and -confer" process.

ARTICLE 22 - SEVERABILITY CLAUSE
If any part of this MOU is rendered or declared invalid by reason of any existing or subsequently - enacted legislation, governmental regulation or order or decree of court, the invalidation of such part of this MOU shall not render invalid the remaining part hereof. Either party may request to meet and confer over the impacts that the invalidation of any section, clause, or provision causes.

ARTICLE 23 — TOTAL COMPENSATION SURVEY
The parties agree the components outlined in Appendix C will be used should the City complete a Total Compensation Survey for police employees.

PPFMA MOU 20211- 20234 32
ATTACHMENT 2

ARTICLE 24 - TERM
The terms of this Memorandum are to remain in full force and effect through June 30, 20234.

Upon adoption of a resolution implementing the terms of this Memorandum of Understanding by the City Council of the City of Placentia, this Memorandum shall be in full force and effect as of Septer fber-40 2019November 16, 2021.

In the event of a financial emergency promulgated by any State or Federal action that substantially increases City costs related to health insurance, retirement benefits, and/or any other employee benefits or substantially reducing City revenue, the parties agree to reopen negotiations for a thirty (30) day period to negotiate the impact of such reductions. If mutual agreement is not reached by the parties, the terms of the MOU will remain unchanged.

This agreement, upon ratification and adoption supersedes all prior agreements, whether written or oral, unless expressly stated to the contrary herein and constitutes the complete and entire agreement between the parties and concludes the meet and confer process for its term unless otherwise expressly stated.

FOR THE CITY: FOR PPFMA:

Damien Arrula, City Administrator Brian Olivo, Mastagni Holstedt Rosanna Ramirez, Director of Brian Perry, PPFMA President Administrative Services
Laura Drottz Kalty, Scott Millsap, PPFMA Vice -President Liebert Cassidy Whitmore
David Radomski, PPFMA
Treasurer/Secretary
PPFMA MOU 2021413 - 20231 33
ATTACHMENT 2

APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE
Placentia Police and Fire Management Association (PPFMA) ATTACHMENT 2

PLACENTIA POLICE AND FIRE MANAGEMENT ASSOCIATION (PFPMA)

SALARY SCHEDULE
Effective July 1, 2021

STEP HOURLY BIWEEKLY MONTHLY ANNUALLY
A 48.19238 3,855.39 8,353.35 100,240.15
B 50.79477 4,063.58 8,804.43 105,653.13
C 53.53770 4,283.02 9,279.87 111,358.41
D 56.42873 4,514.30 9,780.98 117,371.76
E 59.47588 4,758.07 10,309.15 123,709.84
A 45.72332 3,657.87 7,925.38 95,104.51
B 48.19239 3,855.39 8,353.35 100,240.16
C 50.79478 4,063.58 8,804.43 105,653.14
D 53.53769 4,283.02 9,279.87 111,358.40
E 56.42873 4,514.30 9,780.98 117,371.76
A 58.30796 4,664.64 10,106.71 121, 280.56
B 61.45659 4,916.53 10, 652.48 127,829.72
C 64.77525 5,182.02 11, 227.71 134, 732.51
D 68.27311 5,461.85 11,834.01 142,008.07
E 71.95986 5,756.79 12,473.04 149,676.51
A 67.67345 5,413.88 11,730.06 140,760.77
B 71.32781 5,706.23 12,363.49 148,361.85
C 75.17952 6,014.36 13,031.12 156,373.40
D 79.23922 6,339.14 13, 734.80 164, 817.57
E 83.51813 6,681.45 14,476.48 173,717.72
A 55.22335 4,417.87 9,572.05 114,864.57
B 58.20540 4,656.43 10,088.94 121,067.23
C 61.34838 4,907.87 10,633.72 127,604.64
D 64.66122 5,172.90 11, 207.95 134, 495.34
E 68.15282 5,452.23 11,813.16 141,757.87
IT Sergeant
Sergeant
Lieutenant
Captain
Fire Battalion Chief
ATTACHMENT 2

PLACENTIA POLICE AND FIRE MANAGEMENT ASSOCIATION (PFPMA)

SALARY SCHEDULE
Effective July 1 2022

STEP HOURLY BIWEEKLY MONTHLY ANNUALLY
A 50.60200 4,048.16 8,771.01 105,252.16
B 53.33451 4,266.76 9,244.65 110,935.79
C 56.21458 4,497.17 9,743.86 116,926.33
D 59.25017 4,740.01 10,270.03 123,240.35
E 62.44968 4,995.97 10, 824.61 129, 895.33
A 48.00949 3,840.76 8,321.64 99,859.74
B 50.60200 4,048.16 8,771.01 105,252.17
C 53.33452 4,266.76 9,244.65 110,935.80
D 56.21458 4,497.17 9,743.86 116,926.32
E 59.25017 4,740.01 10,270.03 123,240.35
A 61.22336 4,897.87 10, 612.05 127, 344.59
B 64.52943 5,162.35 11,185.10 134,221.21
C 68.01401 5,441.12 11, 789.09 141,469.14
D 71.68677 5,734.94 12,425.71 149,108.47
E 75.55785 6,044.63 13, 096.69 157,160.34
A 71.05712 5,684.57 12,316.57 147,798.81
B 74.89420 5,991.54 12, 981.66 155, 779.94
C 78.93850 6,315.08 13,682.67 164,192.07
D 83.20118 6,656.09 14,421.54 173, 058.45
E 87.69404 7,015.52 15,200.30 182,403.61
A 56.88005 4,550.40 9,859.21 118, 310.51
B 59.95156 4,796.12 10, 391.60 124, 699.25
C 63.18884 5,055.11 10,952.73 131,432.78
D 66.60106 5,328.08 11, 544.18 138, 530.20
E 70.19741 5,615.79 12,167.55 146, 010.61
IT Sergeant
Sergeant
Lieutenant
Captain
Fire Battalion Chief
ATTACHMENT 2

APPENDIX "B"- 1995 INSURANCE CHANGES
Tier I - Employees, hired prior to November 21, 1995.

The City shall make available single party and dependent medical, dental, optical, long-term disability and life insurance to all classified employees, and to such other employees and officials as may be designated by the City Council. The City shall pay that amount toward the premiums fr such insurance as may be determined by the City Council and the employee shall pay the remainder of the premium. Such premiums shall be paid only to the company or companies with whom the City has contracted for such insurance coverage.

During periods of approved medical leave without pay, the City shall continue to pay its normal contribution for the above insurances for all officers and employees.

Upon service retirement, or ordinary disability retirement, the City shall continue to pay its normal contribution for medical, dental, optical, and life insurances for all eligible employees. These benefits shall be considered to be vested for employees hired prior to November 21, 1995. Retired employees receiving these insurances shall if eligible enroll in, and pay for Medicare, Part B, at their earliest eligible date, as primary carrier. Employees retiring for industrial disability shall not be eligible for this benefit.

Tier II - Employees, hired on or after November 21, 1995.

The City shall make available single party and dependent medical, dental, optical, longterm disability and life insurance to all classified employees, and to such other employees and officials as may be designated by the City Council. The City shall pay that amount toward the premiums for such insurance as may be determined by the City Council and the employee shall pay the remainder of the premium. Such premiums shall be paid only to the company or companies with whom the City has contracted for such insurance coverage.

During periods of approved medical leave without pay, the City shall continue to pay its normal contribution for the above insurances for all officers and employees.

Upon service retirement, or ordinary disability retirement, Tier II employees shall have the option of participating in a post -retirement insurance benefit program at their own cost. Employees retiring for industrial disability shall not be eligible for this benefit.

PLACENTIA agrees that PPMA representative(s) shall participate in the exploration and possible development of an employee paid pre -funded post -retirement benefits program for employees hired after November 21, 1995.

ATTACHMENT 2

APPENDIX "C" -TOTAL COMENSATION SURVEY COMPONENTS
The parties agree the following components will be used to guide future Total Compensation Surveys as to police employees:
• Top Step Salary - subtract any employee contribution to Retirement Plan as outlined below
• Medical - maximum City contribution for Medical, Dental, Vision, LTD, Life • Uniform Allowance - Divide annual amount by 12 and add to monthly rate • Retiree Medical - Enter amount provided to new hires. Amount paid by City into retiree health savings plan, or, if benefit provided upon retirement, the maximum benefit provided for retiree medical, dental and vision. • POST/Education Pay - Use Maximum amount provided for:
o AA or Intermediate POST Certificate Amount
o BA or Advanced POST Certificate Amount
o MA Amount
o Combine if allowed
• Longevity - Maximum amount provided.
• Employee Retiree Contributions - Any contributions paid by employee toward retirement plan (either employer or employee portion but paid by employee) ATTACHMENT 2

PLACENTIA
Rich Heritage, Bright future

MEMORANDUM OF UNDERSTANDING
Between

THE CITY OF PLACENTIA
and

PLACENTIA POLICE OFFICERS ASSOCIATION
(PPOA)
July 1, 2021M -arch -1 2-01-9- -- June 30.20231 -
(Approved by the City Council on November 168, 202119)
ATTACHMENT 3

TABLE OF CONTENTS
PREAMBLE 5
ARTICLE 1 - PPOA RECOGNITION 6
ARTICLE 2 - PPOA RIGHTS 6
A. Membership Dues 6
B. Access to Placentia Communication Systems 6
C. PPOA Business On City Time 6
ARTICLE 3 - NON-DISCRIMINATION 7
ARTICLE 4 - CITY PERSONNEL RULES 7
ARTICLE 5 - PROBATION 7
ARTICLE 6 - ADVANCEMENT THROUGH THE SALARY SCHEDULE 7
ARTICLE 7 - PAYROLL PROCESSES 7
ARTICLE 8 - COMPENSATION AND SPECIAL ASSIGNMENT PAY 8
A. Compensation 8
B. Education and POST Certification Differentials 8
C. Longevity Pay Program 8
D. Special Assignment Pay 9
E. Bilingual Pay 10
F. Marksmanship Incentive Pay 10
G. New Employee Finder's Fee/Incentive Pay 11
H. Lateral Police Officers 11
ARTICLE 9 - OVERTIME AND WORK SCHEDULES 11
A. Overtime Definitions 11
B. Calculation of Overtime Payment 11
C. Compensatory Time Off (CTO) 12
D. Overtime for Extra Events at Placentia -Linda Unified School District (PYLUSD) 12 E. Work Schedules 12
F. Shift Trades 13
G. Specialty Positions Assignment, Rotation, and Removal 13 H. Rules of Evidence and Procedure for Employees Removed from Special Assignments 14 I. Court Time 15
J. Mandatory Training Meetings and Call Outs 16
2 ATTACHMENT 3

K. Investigator Standby 16
L. Range Training 16
M. Off -Duty Canine Pay 17
N. Off -Duty Motorcycle Pay 17
ARTICLE 10 - MEAL PERIODS 18
ARTICLE 11 - RETIREMENT 18
ARTICLE 12 - MEDICAL INSURANCE COVERAGE 18
ARTICLE 13 - OTHER INSURANCE PROGRAMS 20
A. Dental Plan 20
B. Vision Care Plan 20
C. Short and Long Term Disability 20
D. Life Insurance .. 21
ARTICLE 14 - PERSONAL TIME OFF 21
A. PTO Accrual Rate 21
B. Use of Personal Time Off 21
C. PTO Payment Upon Separation of Employment 21
D. Employees Not Granted PTO Use 22
E. Annual Leave Buy Back ,.. 22
ARTICLE 15 - SICK LEAVE AND ALTERNATIVE HEALTH AND WELLNESS 22 A. Alternative Health and Wellness Leave/Program 23
B. AHW Incentives 23
C. Frozen Sick Leave 23
D. AHW and Sick Leave Upon Reemployment 24
ARTICLE 16 - BEREAVEMENT LEAVE 24
ARTICLE 17 - OTHER LEAVE PROVISIONS 24
A. Non -Industrial Injury 24
B. Industrial Accident Leave 24
C. Military Leave 24
D. Other Leaves 24
ARTICLE 18 - HOLIDAYS 25
A. Designated Holidays . 25
B. Floating Holiday 25
C. Dates of Observance of a Holiday 25
D. Holidays for Shift Employees 25
3 ATTACHMENT 3

E. Holiday Closure 25
ARTICLE 19 —LEAVES OF ABSENCE 26
ARTICLE 20- EDUCATION REIMBURSEMENT 26
ARTICLE 21 - POLICE UNIFORMS 26
ARTICLE 22 - GRIEVANCE AND ARBITRATION PROCEDURES. 27
A. Purpose 27
B. Matters Subject to Grievance Procedure 27
C. Informal Grievance Procedure. 27
D. Formal Grievance Procedure 27
E. Conduct of Grievance Procedure._ 28
F. Arbitration 29
ARTICLE 23 - IRS SECTION 125 FLEXIBLE SPENDING ACCOUNTS PROGRAM 30 ARTICLE 24 - SEVERABILITY CLAUSE 30
ARTICLE 25 - TERM 30
APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE 32
APPENDIX "B"- 1995 Insurance Changes 1
APPENDIX "C" - Total Compensation Survey Components 2
4 ATTACHMENT 3

PREAMBLE
The wages, hours and conditions of employment that are set forth in this Memorandum have been discussed and jointly proposed by and between the City of Placentia (hereinafter called "PLACENTIA" or "the City") and the Placentia Police Officers' Association (hereinafter called "PPOA") and shall apply to all the employees of PLACENTIA working in the job classes set forth in Appendix "A".

The terms and conditions of employment that are set forth in this Memorandum have been discussed in good faith between representatives of PLACENTIA and PPOA. PPOA has recommended and its members have ratified all of the terms and conditions of employment as set forth herein. Staff officials of PLACENTIA recommend to the Placentia City Council that the terms and conditions of employment as set forth herein be implemented by resolution of the City Council. Upon the adoption of such a resolution, all the terms and conditions of this Memorandum so incorporated shall become effective without further action by either party.

Unless otherwise noted, changes to wages, hours, and conditions of employment are prospective following City Council approval of the Memorandum of Understanding (MOU). 5 ATTACHMENT 3

ARTICLE 1 - PPOA RECOGNITION
PLACENTIA hereby recognizes the Placentia Police Officers' Association ("PPOA") as the representative for all its members to the fullest extent allowable under California law, the Meyers- Milias-Brown Act Government Code Section 3500, et seq., applying to public employees. As public employees, such Unit Employees have the right to discuss individual problems of employment with PLACENTIA, provided that, upon request of a Unit Employee, the PPOA shall be kept fully informed and have the right to be present and represent the Unit Employee at all such meetings between PLACENTIA and the individual or when City Rules, Regulations, Policies or laws affecting wages, hours and/or other terms and conditions of employment may be amended or changed.

The City agrees that the Representatives of the Association, shall be entitled to meet and confer with Management during said representatives' normal working hours (no more than three hours per meeting) without suffering any loss in pay while absent from duties for such purpose.

ARTICLE 2 - PPOA RIGHTS
A. Membership Dues
The City will provide dues authorization forms to new employees who may become members of the Association. When the City receives a dues authorization form or upon written notice from the Association that the employee has authorized dues deduction, membership dues will be automatically deducted from an employee's pay and forwarded by the City to PPOA. Dues deductions begin the beginning of the pay period following the City's receipt of notice from the PPOA.

B. Access to Placentia Communication Systems
The City's interdepartmental messenger service may be used for individual business oriented communication between employees who are represented by the Association and Directors of the Association or their designees.

In the interests of facilitating communication with Association members and the distribution of information to association members, the Association may utilize the City's e-mail system to communicate with association members in matters of normal association business. The City's e-mail system and interdepartmental communications system shall not be used for political or campaign related activity. Use of the City's email system is subject to compliance with City policy and communications should not be considered confidential or exempt from public disclosure under the Public Records Act. PPOA may use the City's email for a reasonable amount of time for PPOA business.

C. PPOA Business On City Time
6 ATTACHMENT 3

PPOA members will be allowed to conduct a reasonable amount of PPOA business during their regular work shift(s).

ARTICLE 3 - NON-DISCRIMINATION
The City and the Association agree that they shall not discriminate against any employee based on protected class under state or federal law.

ARTICLE 4 - CITY PERSONNEL RULES
The City and PPOA agree, during the term of the MOU, to meet and confer pursuant to the Myers-Milias-Brown Act (MMBA) regarding Personnel Rules and City policies within the scope of bargaining and any proposed changes to said rules and/or policies.

ARTICLE 5 — PROBATION
A. All original Police sworn personnel appointments shall be tentative and subject to a probationary period of one year (12 months) of actual service.

B. Newly -hired entry-level Police Officers (not possessing a POST Basic Certificate) shall be subject to an eighteen (18) month probationary period.

C. The City Administrator may establish a longer probationary period for specified cases.

D. The police department shall complete a written performance evaluation indicating whether the employee has or has not been granted permanent status, give a copy to the employee, and file the original with the Human Resources Division before the probationer's permanent status date.

ARTICLE 6 - ADVANCEMENT THROUGH THE SALARY SCHEDULE
Unit employees are eligible to advance one-step in the salary schedule after 12 months of service in the current step and with satisfactory job performance. For example, employees hired at Step A are eligible for movement to Step B after 12 months of City service and upon receipt of a performance evaluation that identifies that the employee meets all job standards.

ARTICLE 7 - PAYROLL PROCESSES
Unit employees will be paid on a bi-weekly basis.
7 ATTACHMENT 3

ARTICLE 8 - COMPENSATION AND SPECIAL ASSIGNMENT PAY
The basic salary schedule will be set forth in Appendix "A" attached to this MOU.

A. Compensation

1. Effective- the first full pay period following July 1, 2Q21INSERT DATE BEGIN OF PIS WHEN RAT FED, the salary range will be increased by five percent (5%). Individuals will receive an adjustment of five percent related to the change in the salary schedule. 22 Effective the begi w g-effirst full the -pay period including -following July '1 , 20220, the salary range will be increased by five percent (5%). Individuals will receive an adjustment of five percent related to the change in the salary schedule.

3. One -Time Bonus: All employees in paid status as of the approval and adoption of the MOU will receive a one-time, 5%, non--PERSable bonus.
2-4. One -Time Bonus: All employees in paid status as of December 1, 2022. will receive a onet-time, 5%, non-PERSable bonus.

B. Education and POST Certification Differentials

1. Police Officers in possession of a Basic POST Certificate receive Basic POST incentive pay of 2.5% applied to the base hourly rate of pay.

2. Police Officers with either an Intermediate POST certificate or an Associate of Arts/Science degree (AA/AS) will receive a 4.5% differential applied to the base hourly rate of pay.

3. Police Officers with either an Advanced POST certificate or a Bachelor of Arts/Science degree (BA/BS) will receive a 7% differential applied to the base hourly rate of pay.

4. Police Officers may receive Basic POST Pay and one other education differential (POST or Degree). These pays calculate off the base hourly rate of pay and do not compound.

5. To the extent permitted by law, the City shall report education or POST pay as compensation earnable pursuant to CCR § 571 (a)(2) and § 571.1 (b)(2) C. Longevity Pay Program
Unit employees who have completed five years of service with the City of Placentia will receive longevity pay of 4% applied to the base rate of pay.
8 ATTACHMENT 3

Unit employees who have completed fifteen years of service with the City of Placentia will receive an additional longevity pay of 5% (for a total of 9%) applied to the base rate of pay.

To the extent permitted by law, the City shall report longevity pay as special compensation to CaIPERS pursuant to CCR §571(a)(1) and 571.1 (b)(1) Incentive pay — Longevity.

D. Special Assignment Pay

1. Police Officers assigned to Investigations shall receive 5% applied to the base rate of pay.

To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 Special Assignment Pay — Police Investigation.

2. Police Officers assigned to Canine duties shall receive 5% applied to the base rate of pay.

To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 (b)(1) Special Assignment Pay — Canine Officer.

3. Police Officers assigned to Personnel and Training shall receive 5% applied to the base rate of pay.

To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 Special Assignment Pay — Police Administrative Officer.

4. Police Officers who are designated to act as a Field Training Officer shall receive 5% applied to the base rate of pay whether they have a current trainee or not. This pay is not reportable to CaIPERS as special compensation.

City agrees to provide an additional 4% applied to the base rate of pay for those unit members assigned to FTO specialty and actively training.

To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 Special Assignment Pay — Training Premium.

5. Police Officers assigned motorcycle duty or assigned to the Traffic Division shall receive 5% applied to the base rate of pay.
9 ATTACHMENT 3

To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 Special Assignment Pay — Motorcycle Patrol or Traffic Detail.

6. Police Officers assigned to School Resources Officer duty shall receive 5% applied to the base rate of pay.

To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 Special Assignment Pay — Police Liaison.

7. Police Officers assigned as a Homeless Liaison Officer (maximum of two assignments) shall receive $225 per month while working in this assignment.

This additional compensation is not reportable to CaIPERS as special compensation.

8. Police Officers regularly assigned to a shift where more than half of the regularly assigned hours falls between 6:00 p.m. and 6:00 a.m. will receive a shift differential of 2.5% applied to the base rate of pay for the regularly scheduled hours assigned to the night shift.

To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 Special Assignment Pay — Shift Differential.

E. Bilingual Pay

1. Unit employees who have the ability to communicate in a language in addition to English, and who occupy positions in which said ability is regularly used, may be designated by the City to receive Bilingual Pay differential of $165 per month to speak another language.

2. Unit employees who have the bilingual fluency above basic conversation, and including the ability to read and translate may receive $250 per month.

3. The designation of employees to receive Bilingual Pay shall be at the sole discretion of the City Administrator of the City of Placentia. The Police Department must pre -approve need for bi-lingual specialty. Prior to receiving Bilingual Pay, designated employees must pass an objective testing process selected by the City demonstrating bilingual ability.

4. To the extent permitted by law, the City shall report this as special compensation to CaIPERS pursuant to CCR §571 and §571.1 Special Assignment Pay — Bilingual Premium.

F. Marksmanship Incentive Pay
10 ATTACHMENT 3

Incentive Pay for Distinguished Expert at $150.00 and Expert at $100.00 shall be available to all full-time unit employees, one time per year at the Annual Badge Qualification Shoot, under existing range standards or as approved by the Chief of Police. Qualification shall be earned during the first string of fire only on the designated day of the shoot. City agrees to allow a warm up of ten (10) rounds at a stationary target. Ammunition for practice shall be available as per budget and policy established by the Chief of Police.

To the extent permitted by law, the City shall report this as special compensation to CalPERS pursuant to CCR §571 (a)(1) and §571.1 (b)(3) Marksmanship Pay.

G. New Employee Finder's Fee/Incentive Pay
City agrees to provide unit members with Finder's Fee of $1,000 for the recruitment of a Police Officer that successfully completes the FTO program. City agrees to pay $1,000 to Police Officers who successfully complete FTO program. This pay is not reportable to CaIPERS as special compensation.

H. Lateral Police Officers
The Chief of Police has been provided the discretion to hire lateral transfers at an initial pay step consistent with the employee's experience and background and to provide POST certification or education pay upon hire to eligible employees. Additionally, the City may permit leave accrual rates that grant consideration for prior sworn service and set accruals at a higher tier than entry level.

ARTICLE 9 - OVERTIME AND WORK SCHEDULES
A. Overtime Definitions

1. MOU/Contract overtime is defined as hours actually worked over forty hours paid in a seven-day workweek. All paid leave counts as hours worked toward eligibility for MOU/Contract overtime.

2. Fair Labor Standards Act (FLSA) overtime is defined as hours actually worked in excess of eighty-six (86) in a fourteen (14) day FLSA 207(k) work period. Hours worked is defined as hours actually worked by the employee. Paid leave does not count as hours worked for determining FLSA overtime eligibility.

B. Calculation of Overtime Payment

1. MOU/Contract Overtime will be calculated as 1.5 the base hourly rate of pay. The following pay differentials will also be calculated on overtime hours worked:
• POST/Education Pay
■ Longevity Pay
11 ATTACHMENT 3

• Special Assignment Pay

2. FLSA overtime will be calculated pursuant to the requirements of the Fair Labor Standards Act.

C. Compensatory Time Off (CTO)

1. Police Officers may accrue non-FLSA CTO in lieu of payment for MOU/Contract overtime hours worked. There is no maximum cap on the non-FLSA CTO accrual. The non-FLSA CTO bank is also used for the receipt of holiday in lieu accruals.

2. Police Officers may accrue FLSA Compensatory Time Off in lieu of payment for working FLSA overtime. FLSA CTO accruals are capped at a maximum of three hundred (300) hours.

3. Any Police Officer with accrued FLSA CTO above 300 hours will be paid for all hours above 300 with the pay period that follows City Council approval of the MOU.

4. Police Officers who are promoted to another classification will be paid for accrued FLSA compensatory time off at their regular rate of pay prior to promotion.

D. Overtime for Extra Events at Placentia -Linda Unified School District (PYLUSD) Members assigned to work overtime for special detail/extra events at schools will receive a 4 - hour minimum when scheduled for special detail/extra events.

E. Work Schedules

1. Police Officers working in Patrol work the 3/12.5 hour work schedule. Each week, employees work three 12.5 hour work days and during a four week period, employees work an additional ten hour work day. This will result in seventy-five regularly scheduled hours in one fourteen day work period and eighty-five regularly scheduled hours in the other fourteen -day work period. Unit members are regularly scheduled for 160 hours in a four -week period. The basic work hours for patrol shifts shall be:
• Day shift: 0600-1830 hours
• Night shift: 1800-0630 hours

2. Police Officers working in assignments other than patrol, work the 4/10 work schedule and work four ten hour consecutive work days each week. These schedules and hours are assigned by the supervisor.
12 ATTACHMENT 3

3. Work schedules and hours of work are set under the direction of the Police Chief and shifts are selected by seniority.

F. Shift Trades
Subject to approval by the Chief of Police and subject to departmental manpower requirements, unit employees will be permitted to voluntarily trade work or leave days providing that employees scheduled to work must inform his/her supervisor generally 72 hours in advance of any voluntary trade of work days or leave days.

The employee taking the shift off will have the actual hours taken off removed from their specified leave bank; providing further, that no employee shall trade days with any other employee for the purpose of achieving any premium payments due under this MOU.

The City agrees that it is responsible for keeping accurate accounting of all hours worked to ensure that employees are compensated and scheduled for make up days as necessary to carry out the objectives of these schedules.

G. Specialty Positions Assignment, Rotation, and Removal Specialty Positions are understood to include:
• Detective (Including Those Assigned To Task Forces)
• Special Enforcement Detail (Narcotics and Gangs)
• Traffic Officers (including Motors, Commercial Enforcement, Accident Investigation and DUI enforcement)
• Canine Officer
• School Resource Officer
• Personnel and Training
Any such assignment is not vested and may be revoked at any time and the Rules of Evidence shall govern any appeal required by Section 3304(b) of the Califomia Government Code and Procedure for Employee Removed from Special Assignments as identified below.

Specialty Position assignments are intended to be for a minimum period of three years, unless circumstances dictate an earlier rotation. Such circumstances may include, but are not limited to, promotion, application and selection for another Specialty Position, request by the officer to return to former position, staffing requirements, reorganization or performance issues, or a decision by the Police Chief.

The typical duration for a Specialty Assignment is three (3) years. Any person, holding a Specialty Position may receive two (2) two-year (2) extensions at the conclusion of the three- year assignment. Those extensions will be based upon documented job performance and the approval of the Chief of Police and are not guaranteed. For purposes of this policy, documented job performance will include that performance articulated in the employee's annual performance 13 ATTACHMENT 3

evaluation, Personnel Incident Reports (PIRs) and counseling memorandums. The decision of the Chief of Police to deny an extension shall not be considered discipline and is not appealable.

At the conclusion of the above -described seven-year maximum assignment period the position will be opened to interested, eligible personnel. Any person holding a Specialty Position may reapply for that position or another Specialty Position. Assignments extending beyond seven years will be made, year -by -year.

Any person in a Specialty Position who applies and is selected for another Specialty Position would then serve in that assignment for the minimum three-year period and would be eligible to qualify for two (2) two-year extensions as described above.

Personnel assigned to patrol will not be subject to mandatory rotation out of patrol as patrol is not deemed a special assignment.

H. Rules of Evidence and Procedure for Employees Removed from Special Assignments Any Police Officer removed from a Specialty Pay position for non -disciplinary reasons may file a written appeal with the City Administrator within 10 days of receiving notice of removal, in accordance with the following:
a. Hearings shall be conducted by the City Administrator or his/ her designee. b. The question to be decided is whether the City abused its discretion in removing the Police Officer from the Specialty Pay position.
c. Formal rules of evidence and procedure that may be applicable in a court of law shall not apply to these hearings. Evidence, both oral and documentary, shall be admissible if it is the type of evidence that responsible persons are accustomed to rely on in the conduct of serious affairs, regardless of the existence of any judicial rule which might have made improper the admission of such evidence over objection in civil actions.

Hearsay evidence may be admitted for the purpose of supplementing or explaining any direct evidence but shall not be sufficient by itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be applicable to the same extent that they are recognized in civil actions. d. Each party shall have the right to call and examine witnesses, to introduce exhibits and to cross examine opposing witnesses. If the employee does not testify his or her own behalf, the employee may be called and examined as if under cross-examination. e. Testimony shall be recorded by means of either a tape recording or certified court reporter.
f. Witness shall be sworn unless both parties stipulate otherwise. 14 ATTACHMENT 3

g. Written declarations made under penalty of perjury shall be admissible, provided, however, that declarants shall be made available for testimony at the request of the party against whom the declaration is offered.
h. The Police Officer appealing the removal from the Specialty Pay position has the burden of proof. The standard of proof is a preponderance of the evidence. The City shall present its case first. During the presentation of the City's case, the officer shall have the right to cross-examine any witness called to testify by the City. During the presentation of the officer's case, the City shall have the right to cross-examine any witness called by the employee to testify.
i. Both parties shall have the right to counsel. Employee may be represented by the applicable employee organization representative.
j. Both parties shall have the right to present an opening argument prior to the presentation of any evidence and a closing argument after the presentation of all evidence.
k. The City Administrator, or his/her designee, shall decide all questions of procedure and evidence.

L The City Administrator, or his/her designee, shall issue a written decision within 30 days of 1) the conclusion of the hearing, or 2) the receipt of post -hearing briefs if such briefs are requested by the City Administrator or his/her designee. m. The decision of the City Administrator shall be final and binding. If the City Manager chooses to designate a hearing officer, that hearing officer will make a recommendation based on written findings to the City Administrator, whose decision shall be final and binding.
n. Any objection to the City Administrator, or his/her designee, on the grounds of bias, must be made in writing, stating the reasons therefore, by delivering of the writing to the City Administrator no later than five (5) days prior to the date of the hearing.

I. Court Time
If a unit employee is subpoenaed to court on City business during his/her off -duty hours, such court time shall be compensated at time and one-half pay or time and one half comp time spent in court. A unit employee shall receive credit for a minimum of three (3) hours of court time if the entire period of such court time occurs during the unit employee's off -duty hours, before or 15 ATTACHMENT 3

after the unit employee's assigned shift. The overtime rate starts at the time the unit employee receives the order to respond to court immediately without delay.

In lieu of appearing as shown on the subpoena, a unit employee subpoenaed during his/her off - duty hours may be placed on stand-by status. If a court appearance does not result from stand- by status, the unit employee shall be compensated at the rate of $100 for each morning period and an additional $100 for each afternoon period of such stand-by.

If a unit employee's court appearance is required within 2% hours following the end of his/her assigned work shift (night shift), he/she shall be compensated at 11/2 times his/her hourly rate for "bridge time" and actual work hours resulting from said court appearance.

If an employee eligible for Court time compensation is required to make a work -related court appearance during off -duty hours such that said appearance may result in fatigue during his/her next scheduled work shift, said court time may, upon employee request and with advance supervisory approval, be handled in any one of the following alternative ways:
a. the employee may report late to his/her next scheduled work shift, by an amount of time equivalent to that spent in the court appearance;
b. the employee may leave his next scheduled work shift early, by an amount of time equivalent to that spent in the court appearance;
c. the employee may be compensated for said court time in accordance with the applicable provisions for court time as stated in the MOU.

J. Mandatory Training Meetings and Call Outs
Mandatory training, meetings, and call outs shall be compensated at time and one half compensatory time off or in cash at the employee's option. Unit employees required by the City to attend training, meetings or if called out for duty when off duty, shall receive credit for a minimum of three (3) hours overtime inclusive of travel time. Unit employees shall not be eligible for the three (3) hour minimum for training, meetings or call outs which occur as an extension of (before or after) a shift.

K. Investigator Standby
One investigator/detective shall be available on standby status each weekend (including extended 3 and 4 day holiday weekends) throughout the year. Standby status shall begin at 12:01 a.m. following the last regular City workday prior to the weekend and end at 11:59 p.m. on the first regular City workday following the weekend. The Standby Investigator/Detective shall be provided a pager or cell phone while on standby. Standby compensation shall be $150 per day; and if called out while on Standby, the employee shall receive, in addition to Standby Pay, overtime compensation for time actually worked.

L. Range Training
16 ATTACHMENT 3

All unit employees shall receive overtime for attendance at "Range (weapons) Training", for a three (3) hour minimum per training. This only applies when the Range training does not occur during the member's regular shift.

Unit employees assigned to provide staff range training will receive 2.5% applied to the base rate of pay for the 2080 regularly scheduled hours assigned per year. No more than five unit members may be assigned to as range staff/trainers. This compensation is not reported as special compensation to CaIPERS.

M. Off -Duty Canine Pay
City shall provide for canine pay of fifteen hours per pay period at time and a half the hourly State of California minimum wage rate. Said hourly rate of pay shall be adjusted whenever the State minimum wage rate is adjusted.

It is recognized that the Canine Officer is sometimes required to perform extraordinary off -duty canine care, such as veterinary emergency or other rare occurrence which may cause a substantial increase in the normal off -duty hours worked. The Canine Officer shall submit a written request to the Police Chief or the Chiefs assigned designee for additional compensation for extraordinary off -duty canine care. Such additional compensation, approved by the Police Chief or the Chief's assigned designee shall be compensated at time and one-half the same hourly rate as normal off -duty canine activities.

N. Off -Duty Motorcycle Pay
City shall provide for motorcycle pay of three (3) hours each pay period at time and a half the hourly rate of the State of California minimum wage. Said hourly pay shall be adjusted whenever the State minimum wage is adjusted.

The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entitles the parties to agree to a reasonable number of hours per month for the performance of off duty canine duties. The hours derived at in this agreement were determined after an actual inquiry of the Officers assigned in the canine special assignment as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004). It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA. In addition, both parties believe that this section of the MOU does comply with the requirements of the FLSA. The City and Officers understand and agree that this additional compensation is intended to compensate canine/motor officers for all off duty hours spent caring, grooming, feeding and otherwise maintaining their assigned canine or maintaining their assigned motorcycle, in compliance with the FLSA and interpretive cases and rulings. Unless otherwise authorized by a supervisor, employees in these assignments must limit their off -duty hours to a maximum of fifteen (15) hours per pay period (for canine) and three (3) hours per pay period because they are only being paid for those specific hours per pay period. 17 ATTACHMENT 3

ARTICLE 10 - MEAL PERIODS
Unit members receive a paid thirty (30) minute meal break because they are required to be working or available to respond immediately to calls for service during their meal break.

ARTICLE 11 - RETIREMENT
All employees covered under this MOU shall be members of the Califomia Public Employees' Retirement System (CaIPERS) and are subject to all applicable provisions of the City's contract with CaIPERS, as amended.

1. PERS 3% @ 50 FORMULA — For Classic Members, the employees will contribute the full (9) percent member contribution via payroll deduction.

2. PERS 2.7% @ 57 FORMULA — For PEPRA Members, the employees will contribute one-half the total normal cost as identified by CaIPERS via payroll deduction.

ARTICLE 12 - MEDICAL INSURANCE COVERAGE
A. The City will provide access to medical insurance through the California Public Employees' Retirement System (CaIPERS). If a unit employee elects to participate in a CaIPERS medical plan, the maximum monthly City contribution, including any PERS required minimum, will be made as follows:

1. For Active Employees:

The City shall pay up to 100')/0 of the plan selected, up to a maximum of:
$735 per month for employee only
$1,542 per month for employee+1
$1,972 per month for employee+2

2. For Retirees, if hired prior to November 21, 1995:

The City shall pay up to 100% of the plan selected, up to a maximum of:
$735 per month for employee only
$1,542 per month for employee+1
$1,972 per month for employee+2
Once the retiree attains eligibility for Medicare coverage, the City's contribution shall be up to a maximum of:
$599 per month for employee only
$1,406 per month for employee+1
$1,836 per month for employee+2
18 ATTACHMENT 3

3. For Retirees, if hired on or after November 21, 1995:

The City shall pay the CaIPERS minimum mandated contribution.

B. Unit employees may select any available CaIPERS benefit plan. Should a unit employee select a plan with premiums in excess of the City contribution level, the employee will be responsible for payment of the remaining premium through payroll deductions. Should an individual select a plan with a premium less than the City contribution, the City's contribution is limited to the plan premium.

C. Active employees who were hired into the POA unit prior to January 1, 2020 and who opt out of medical coverage will receive a medical opt -out payment. This payment is intended to comply with the Affordable Care Act's Eligible Opt Out arrangement. The opt out amount for these employees are as follows:

Active Employees
Family to 2 —Party
2 —Party to Employee
Family to Employee only
Employee
Employee + Dependent
Employee + Family
Monthly Opt -Out Rates
$357.50
$536.25
$607.75
$607.75
$822.25
$1,001.00
D. Employees hired into POA after January 1, 2020 who opt out, will receive an opt out amount of $400 per month.

E. Employees who opt out of the CaIPERS medical plan and receive cash must provide the following: (1) proof that the employee and all individuals for whom the employee intends to claim a personal exemption deduction ("tax family"), have or will have minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California) for the plan year to which the opt out arrangement applies ("opt out period"); and (2) the employee must sign an attestation that the employee and his/her tax family have or will have such minimum essential coverage for the opt out period. An employee must provide the attestation every plan year at open enrollment or within 30 days after the start of the plan year. The opt -out payment cannot be made and the City will not in fact make payment if the employer knows that the employee or tax family member doesn't have such altemative coverage, or if the conditions in this paragraph are not otherwise satisfied.

F. Medical Re -Opener - Affordable Care Act (ACA)
19 ATTACHMENT 3

The parties recognize that certain changes to State and Federal Taws programs, taxes and regulations including the Affordable Care Act, may impact future medical plan offerings. In the event that reform measures or changes in the healthcare marketplace alter healthcare coverage options, costs or other elements of healthcare and materially alter the provisions on this MOU, either party may request to reopen regarding medical insurance for the purpose of discussing alternative approaches and proposals to providing healthcare coverage.

ARTICLE 13 - OTHER INSURANCE PROGRAMS
A. Dental Plan
The City agrees to make available to all Unit Employees dental insurance, and to pay the full premium for employee and dependent coverage for said insurance, plus any premium increases which occur during the term of the Memorandum of Understanding. The City reserves the right to select the insurance carrier, or to administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding. The City agrees to meet and confer with PPOA representatives before any reduction of dental insurance coverage.

Effective January 1, 2017 the City agrees to provide dental enhancement to the Principle PPO Plan/Principal Point -Of -Service (POS) Dental Plan to include orthodontic coverage, this benefit is a $1,500 lifetime maximum per family member enrolled in the dental plan.

B. Vision Care Plan
The City agrees to provide all Unit Employees a vision care plan. Further, The City agrees that it shall pay the full premium for employee and the dependent coverage during the term of this Memorandum of Understanding. The City reserves the right to select the plan carrier, or to administer any fringe benefit programs that now exist or may exist in the future during the term of this Memorandum of Understanding. The City agrees to meet and confer with PPOA representatives before any reduction of vision plan coverage.

C. Short and Long Term Disability
The City agrees to provide to all full-time unit employees a short-term disability insurance plan at its sole expense. The basic coverage of this insurance shall be to guarantee a disabled employee an income of 66-2/3% of his/her basic salary up to a maximum of $1,230/week following a fifteen (15) day waiting period or the exhaustion of all accrued sick leave. Definition of "disability" and duration of eligibility for benefits shall be as set forth in the City's policy with its insurance carrier.

The City agrees to provide to all full-time unit employees a long-term disability insurance plan at its sole expense. The basic coverage of this insurance shall be to guarantee a disabled employee an income of 66-2/3% of his/her basic salary up to a maximum of $5,334/month following a ninety (90) day waiting period. Definition of "disability" and duration of eligibility for benefits shall be as set forth in the City's policy with its insurance carrier. 20 ATTACHMENT 3

D. Life Insurance
The City agrees to provide to all unit employees life insurance at its sole expense, in the amount of $50,000 for the employee and in the amount of $1,000 for spouse, registered domestic partner and children over the age of six (6) months.

ARTICLE 14 - PERSONAL TIME OFF
The purpose of personal time off (PTO) is to enable eligible unit employees to take time off from work.

A. PTO Accrual Rate
Each eligible full time unit employee shall accrue personal time off on the following basis:

Years of
Service
Accumulation Rate
Maximum Accumulation
0-3 years

3.08 hrs/pay period —
or 80 hours annually
260 Hours
3-10 years

4.62 hrs/pay period —
or 120 hours annually
340 Hours
10+ years

6.46 hrs/pay period —
or 168 hours annually
436 Hours
A completed biweekly pay period is defined as a biweekly pay period in which the employee has been in pay status for more than half of the working hours in that pay period.

B. Use of Personal Time Off

1. Unit employees will request personal time off through their immediate supervisor.

2. Approval of a personal time off request is the responsibility of the Chief of Police or his/her designee. He/she will primarily consider the needs of the City and, insofar as possible, the wishes of the employee.

3. Use of PTO may not exceed accumulated PTO leave bank.

4. Unit employees with Extraordinary Vacation Leave Banks may use either their PTO bank or their Extraordinary Vacation Bank when taking leave.

C. PTO Payment Upon Separation of Employment
An employee who separates from the service of the City shall receive payment for unused and accumulated PTO as of the date of separation, provided that accumulation of PTO shall be conditional upon completion of one (1) year of continuous service and an employee who, for any reason, does not complete one (1) year of continuous service, shall receive no credit/payment for personal time off.
21 ATTACHMENT 3

D. Employees Not Granted PTO Use
PTO accumulation may not exceed twice the annual rate of accrual plus 100 hours. Any accumulation over this amount shall require the approval of the City Administrator.

An exception will be granted in the special circumstance involving a unit employee who is within six pay periods of exceeding his/her accumulation maximum. Such a unit employee will meet with their supervisor at least 60 days before the projected date on which they would meet their accumulation maximum. The purpose of the meeting will be to request use of PTO and to develop a plan to manage their PTO with the accumulation maximum. If the unit employee is denied a request to use PTO and the denial would result in exceeding the accumulation maximum, the City will cash out up to 20 hours of PTO from the employee's PTO bank.

E. Annual Leave Buy Back
Annually, by December 15th, employees may submit an irrevocable election form to receive payment of accrued leave in the following year under the following conditions:

1. An employee may elect to cash out up to one -hundred and fifty (150) hours of accrued PTO, Extraordinary Vacation Leave, or Comp Time to be paid with the first paycheck in December as long as after the cash out, a minimum of forty (40) hours remain in the PTO bank.

2. Employees with Extraordinary Vacation Leave must cash out that leave bank prior to requesting to cash out PTO or Comp Time.

For example, irrevocable election forms submitted in December 2019 will be for the December 2020 cash out. The hours of leave, which are converted to pay, shall be deducted from the employee's applicable accrual bank as identified on the irrevocable election form. The remaining unused leave shall remain in the applicable leave bank.

ARTICLE 15 - SICK LEAVE AND ALTERNATIVE HEALTH AND WELLNESS Unit employees participate in the Alternative Health and Wellness (AHW) program which provides leave to be used for sick leave purposes as well as an incentive when employees use low amounts of leave. For long-term unit members, frozen sick leave banks may exist. Frozen sick leave banks may also be used for sick leave purposes or employees have the option of cashing out a portion of that leave as described below.

AHW hours and frozen sick leave hours may be used for an employees' illness or injury, medical appointments, for victims of domestic violence or stalking, or for other reasons the law allows sick leave to be used. Additionally, AHW leave may be used for family sick leave purposes as defined under the law (Labor Code 233).

Evidence may be required in the form of a physician's certification, or other documentation, for any absence of a duration of three (3) or more consecutive working days during which AHW or frozen sick leave is requested unless waived by the City Administrator. If the absence during 22 ATTACHMENT 3

which leave is requested is less than 3 consecutive work days no physician's certificate (note) will be necessary prior to retuming to work, unless the City has reasonable cause to believe there is abuse of the leave,
A. Alternative Health and Wellness Leave/Program

1. AHW leave accrual cannot exceed one -hundred and ninety-two (192) hours.

2. Unit members receive up to ninety-six (96) hours of AHW leave with the first pay period in July, as long as the AHW bank does not exceed 192 hours.

3. The AHW hours have no cash value during employment or upon separation from City service.

4. New employees will receive a pro -rated amount of AHW hours based on their date of hire.

For example, an employee who begins employment in October, will receive sixty-four (64) hours of AHW with the first pay period in November for the remaining eight months in the fiscal year. New employees may use AHW leave after completing three months of City service.

B. AHW Incentives

1. Unit members in active service as of July 15', will receive $250 with the first pay check in July.

2. In addition to the $250, unit members who use thirteen (13) hours or less of AHW leave between July 1 — June 30, will be given $1,000 with the first paycheck in the fiscal year and may convert twenty-four (24) hours of AHW leave to their PTO bank (subject to PTO bank maximums). The employees must submit an election form requesting the conversion by June 1st of each year, and those who meet the criteria will have the 24 hours converted to PTO prior to the annual allocation of AHW leave.

3. In addition to the $250, unit members who use more than thirteen (13) hours but twenty- six (26) hours or less of AHW leave between July 1 — June 30, will be given $500 with the first paycheck in the fiscal year and may convert twelve (12) hours of AHW leave to their PTO bank (subject to PTO bank maximums). The employees must submit an election form requesting the conversion by June 1St of each year, and those who meet the criteria will have the 12 hours converted to PTO prior to the annual allocation of AHW leave.

C. Frozen Sick Leave
For unit members with frozen sick leave, each year those employees may elect to cash out up to ninety-six (96) hours of frozen sick leave, until the frozen sick leave is depleted. The cash out is paid at the employees' base hourly rate of pay. Unit members electing to cash out frozen sick leave, must submit a frozen sick leave cash out form no later than November 15"' of each year to receive the cash out with the first paycheck in December.

Frozen sick leave has no cash value at the time of separation from employment. 23 ATTACHMENT 3

D. AHW and Sick Leave Upon Reemployment
An employee who separates from City service and is reemployed by the City shall be treated as a new employee and shall not be entitled to any prior AHW leave unless required by law.

ARTICLE 16 - BEREAVEMENT LEAVE
Unit members are eligible for bereavement leave because of death within the immediate family.

Immediate family shall be defined as parent, child, spouse, registered domestic partner, sibling, grandparent, grandchildren, and spouse's parents and grandparents. PPOA members may take bereavement leave for one full workweek (up to 40 hours) for each death that occurs in the member's immediate family.

ARTICLE 17 - OTHER LEAVE PROVISIONS
A. Non -Industrial Injury
When an employee sustains a non -industrial injury/illness, and the City has received work restrictions from the treating physician, the City will engage in the interactive process to evaluate the ability to provide reasonable accommodation to permit the employee to work in a light/modified duty capacity.

B. Industrial Accident Leave
Police personnel covered by Section 4850 of the Califomia Labor Code, shall receive industrial accident leave according to the provisions of Section 4850, California Labor Code. (Pay is non- taxable to the extent of wage loss.)
Any employee so entitled shall continue to accrue PTO, holidays, and AHW, and to eam eligibility for consideration for merit salary increases during an absence resulting from an on-the-job injury.

The City will engage in the interactive process to evaluate the ability to provide reasonable accommodation to permit the employee to work in a light/modified duty capacity when a treating physician indicates that an employee may return to work with work restrictions.

C. Military Leave
Military Leave with pay shall be granted pursuant to Division 2, Part 1, Chapter 7, Sections 395, et seq. of the Military and Veterans' Code of the State of California and City Resolution R-2001-

64. D. Other Leaves
The City Administrator may grant a leave of absence without pay to a unit member at his/her sole discretion.
24 ATTACHMENT 3

ARTICLE 18 - HOLIDAYS
A. Designated Holidays
All Unit Employees, except as hereinafter noted, shall be entitled to the following holidays, consisting of ten (10) hours each:

1. New Year's Day January 1

2. Martin Luther King Day (Third Monday in January)

3. Washington's Birthday (Third Monday in February)

4. Memorial Day (Last Monday in May)

5. Independence Day July 4

6. Labor Day (First Monday in September)

7. Veterans' Day November 11

8. Thanksgiving Day (Fourth Thursday in November)

9. Friday after Thanksgiving (Day after Thanksgiving)

10. Christmas Eve December 24

11. Christmas Day December 25
B. Floating Holiday
One "floating holiday" in each 12 -month period; effective at the beginning the fiscal year may be taken on such date as requested by the employee subject to supervisor's approval. Unused floating holiday hours as of June 1St will be paid annually as cash at the base hourly rate of pay with the second paycheck in June.

C. Dates of Observance of a Holiday
When a holiday falls on a Sunday, the following Monday shall be deemed to be a holiday in lieu of the day observed. When a holiday falls on Saturday, the preceding Friday shall be deemed to be a holiday in lieu of the day observed. As Christmas Eve and Christmas are successive holidays, if either of them falls on a Saturday or Sunday, the City will celebrate the double holiday on the Friday preceding and the Monday following such a weekend.

D. Holidays for Shift Employees
Unit Employees subject to shift work in the Police Department shall not be entitled to leave on designated holidays, but will receive 4.62 hours per pay period in lieu of holiday pay or leave on the designated holiday.

E. Holiday Closure

1. City to provide forty-eight (48) hours of leave for use during the holiday closure.

Employees who are not working between December 1720, 20214-5 and January 33, 20220, must use these hours for days off of work. Employees in critical positions who are unable to utilize time off during Holiday Closure period will receive pay for unused hours 25 ATTACHMENT 3

on the last paycheck in June 20220. Hours are subject to the normal approval process and will be prorated for new employees. Employees must be employed during Holiday Closure period between December 1720, 2021.9 and January 33, 20229 to be eligible.

Any time not utilized or paid out will be forfeited effective June 30, 20229.

2. City to provide forty-eightsixtv (6043) hours of Leave for use during the holiday closure.

Employees who are not working between December 166, 20220 and January 34, 20234, must use these hours for days off work. Employees in critical positions who are unable to utilize time off during Holiday Closure period will receive pay for unused hours on the last paycheck in June 20234. Hours are subject to the normal approval process and will be prorated for new employees. Employees must be employed during Holiday Closure period between December 163, 20220 and January 34, 20234 to be eligible. Any time not utilized or paid out will be forfeited effective June 30, 20234.

ARTICLE 19 -LEAVES OF ABSENCE

1. During any unpaid leave of absence, unit members will not accrue leave and the City will not contribute toward medical/insurance benefits, unless required to do so under the law.

2. Unit members with accrued leave are required to utilize their leave accruals when they are absent from their regular schedule. Accrued leave shall be used to cover any hours of absence from the employees' regular work schedule. Unpaid leaves of absence for partial or full days, is not authorized when accrued leave is available.

ARTICLE 20- EDUCATION REIMBURSEMENT
The City shall reimburse an employee 75% of the actual cost of books and tuition for a curse given by accredited public and private institutions at the current per unit cost of tuition at a "tax supported" institution (Cal -State Fullerton shall be used as the standard). The City may cap the amount of tuition reimbursement funds. Those funds will be identified annually in the City budget.

Requests for reimbursement will be processed on a first come, first serve basis subject to the annual cap. Course work must directly pertain to the employee's present duties and/or pertain to the next step toward promotion in his/her field of endeavor. A written request must be submitted and approved by his/her department head and the City Administrator prior to the date of the first meeting of the course. Reimbursement will only be provided if the employee receives a grade of C or better in said course and provided said employee remains in the employ of the City for one (1) year after successful completion of said course. If he/she leaves prior to said one (1) year, the reimbursement shall be deducted from his/her final check.

ARTICLE 21 - POLICE UNIFORMS
26 ATTACHMENT 3

The City will purchase uniforms for all regular, full-time uniformed members of the Police Department. A uniform allowance shall be reported to CaIPERS for "classic" members in the amount not to exceed $300 per calendar year per employee.

Uniform allowance is not considered pension reportable compensation for "new members" hired after January 1, 2013, pursuant to the Public Employee Pension Reform Act of 2013. (PEPRA).

ARTICLE 22 - GRIEVANCE AND ARBITRATION PROCEDURES
A. Purpose
The purpose of the grievance procedure is:

1. To promote improved employer -employee relations by establishing grievance procedures on matters for which appeal or hearing is not provided by other regulations.

2. To afford unit employees, individually or through qualified employee organizations a systematic means of obtaining further consideration of problems after every reasonable effort has failed to resolve them through discussions.

3. To provide that a grievance shall be settled as near as possible to the point of origin.

4. To provide that appeals shall be conducted as informally as possible.

B. Matters Subject to Grievance Procedure
Any unit employee shall have the right to grieve alleged violations or misapplications of this Memorandum of Understanding or of existing resolutions, ordinances, rules or regulations with respect to wages, hours, or conditions of employment, or suspension, dismissal from employment or any other disciplinary action; and for which appeal is not provided by other regulations or is not prohibited.

C. Informal Grievance Procedure
A unit employee who has a problem or complaint should first try to get it settled through discussion with his/her immediate supervisor without undue delay. If, after this discussion, he/she does not believe the problem has been satisfactorily resolved, he/she shall have the right to discuss it with his/her supervisor's immediate superior. Every effort should be made to find an acceptable solution by informal means at the lowest possible level of supervision. If the unit employee is not in agreement with the decision reached by discussion, he/she shall then have the right to file a formal grievance. Any formal grievance must be filed within thirty (30) calendar days after the event giving rise to said grievance.

D. Formal Grievance Procedure
1 First Level of Review (Step 1) - The grievance shall be presented in writing to the unit employee's immediate supervisor, who shall render his/her decision and comments in writing and retum them to the unit employee within fifteen (15) calendar days after 27 ATTACHMENT 3

receiving the grievance in writing. If the unit employee does not agree with his/her supervisor's decision, or if no answer has been received within fifteen (15) calendar days after submitting the grievance in writing to the immediate supervisor, the unit employee may present an appeal in writing to the Police Chief. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the written decision of his/her supervisor, or within twenty-five (25) calendar days following submittal of the written grievance to the supervisor if no decision by the supervisor is rendered, will constitute a withdraw/dropping of the grievance.

2. Department Review (Step 2) - The Police Chief receiving the grievance, or his/her designated representative, shall discuss the grievance with the unit employee, his/her representative, if any, and with other appropriate persons. The Police Chief (or designee) shall render his/her decision and comments in writing, and return them to the unit employee within fifteen (15) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within fifteen (15) calendar days, he/she may present the grievance, in writing, to the City Administrator. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the decision of the Police Chief, or within twenty-five (25)calendar days following submittal of the written grievance to the Police Chief if no decision is rendered, will constitute a withdraw/dropping of the grievance.

3. City Administrator Review (Step 3) - The City Administrator shall discuss the grievance with the unit employee, his/her representative, if any, and with other appropriate persons.

The City Administrator may designate a fact-finding committee or an individual not in the normal line of supervision, to advise him/her conceming the grievance. The City Administrator shall render a decision in writing to the unit employee within twenty (20) calendar days after receiving the grievance. If the unit employee does not agree with the decision reached or if no answer has been received within twenty (20) calendar days, he/she may submit the grievance to binding arbitration, as outlined below. Failure of the unit employee to take further action within ten (10) calendar days after receipt of the City Administrator's decision, or within a total of twenty (20) calendar days following submittal of the written grievance to the City Administrator, if no decision is rendered will constitute a withdraw/dropping of the grievance.

E. Conduct of Grievance Procedure

1. The time limits specified above may be extended to a definite date by mutual agreement of the unit employee and the reviewer concemed.

2. The unit employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review. 28 ATTACHMENT 3

3. The unit employee and his/her representative may be permitted to use a reasonable amount of work time, as determined by the Police Chief, in conferring about and presenting the appeal.

4. Unit employees shall be assured freedom from reprisal for using the grievance procedure.

F. Arbitration

1. General Provisions
After having exhausted the provisions of the Grievance Procedure set forth herein, an eligible unit employee shall have the right to submit to binding arbitration any grievance which has not been resolved to his/her satisfaction, except in instances where such submission is specifically prohibited by the Personnel Ordinance, City Personnel Rules or this Memorandum of Understanding. Such appeal may be filed only after completion of Step 3 of the Grievance Procedure and in accordance with the time limits provided herein. Binding arbitration, as provided in this Article, shall be the sole and exclusive procedure for final resolution of unresolved grievances.

2. Procedures
If the grievant is not satisfied with the decision rendered at Step 3 of the Grievance Procedure, he/she may submit the matter to binding arbitration within the time limits set forth in the Grievance Procedures by filing written notice of such submission with the Director of Administrative Services. The written notice shall set forth the issue being submitted to binding arbitration, the provision(s) allegedly violated, and the remedy requested.
a. The City's representative and the grievant, or his/her designated representative(s), shall select an impartial third party to serve as the arbitrator. b. If the City's representative and the grievant, or his/her designated representative(s), are unable to agree upon an impartial third party, then the arbitrator shall be selected by mutually striking and ranking names from a list of professional arbitrators supplied by the American Arbitration Associations. Failure of the unit employee to participate in obtaining a list of arbitrators, selecting a single arbitrator, or scheduling an arbitration date, within thirty (30) calendar days of being requested to do so by the City, shall constitute a dropping of the grievance.
c. Each party to the dispute shall have the opportunity to present testimony and relevant evidence and to cross-examine witnesses before the arbitrator. After hearing the case, the arbitrator shall, in writing, submit to the parties his/her decision for resolution of the grievance. The decision of the arbitrator shall be final and binding upon both parties.

3. Conditions
29 ATTACHMENT 3

The arbitrator shall have no power to add to, subtract from, nor to modify any of the terms of any memorandum of understanding between the parties. The arbitrator's award shall be consistent with, and controlled by, the Personnel Rules, Ordinances, and Charter of the City of Placentia, as well as the laws and Constitution of the State of California.

4. All expenses of arbitration shall be borne equally by the parties.

5. The provisions of this Section shall in no way apply to the "meet -and -confer" process.

ARTICLE 23 - IRS SECTION 125 FLEXIBLE SPENDING ACCOUNTS PROGRAM Placentia agrees to continue an IRS Section 125 Flexible Spending Accounts Program.

ARTICLE 24 - SEVERABILITY CLAUSE
If any part of this MOU is rendered or declared invalid by reason of any existing or subsequently - enacted legislation, govemmental regulation or order or decree of court, the invalidation of such part of this MOU shall not render invalid the remaining part hereof.

ARTICLE 25 - TERM
The terms of this MOU are to remain in full force and effect through June 30, 20234. Upon adoption of a resolution implementing the terms of this Memorandum of Understanding by the City Council of the City of Placentia, this Memorandum shall be in full force and effect as of November 169, 20211-9.

The parties will commence negotiations and schedule their first meeting for negotiating a successor MOU for the beginning of January 2023,
In the event of a financial emergency substantially reducing city revenues, the parties agree to reopen negotiations for a thirty (30) day period to negotiate the impact of such reductions. If mutual agreement is not reached by the parties, the terms of the MOU will remain unchanged.

This agreement, upon ratification and adoption supersedes all prior agreements, whether written or oral, unless expressly stated to the contrary herein and constitutes the complete and entire agreement between the parties and concludes the meet and confer process for its term unless otherwise expressly stated.

FOR THE CITY: FOR PPOA:

Damien Arrula, City Administrator Michael McGill, Adams, Ferrone & Ferrone 30 ATTACHMENT 3

Rosanna Ramirez, Matthew Herren,
Deputy City Administrator PPOA President
Laura Drottz Kalty, Beau Wagoner,
Liebert Cassidy Whitmore PPOA Vice -President
John Martinez,
PPOA Treasurer/Secretary
31 ATTACHMENT 3

APPENDIX "A" - JOB CLASS AND SALARY SCHEDULE
Placentia Police Officers Association (PPOA)
32 ATTACHMENT 3

Police Officer

PLACENTIA POLICE OFFICER ASSOCIATION (PPOA)

SALARY SCHEDULE
Effective July 1 2021

STEP JIOURLY BIWEEKLY MONTHLY ANNUALLY
A 36.21947 2,897.56 6,278.04 75,336.50
B 38.17532 3,054.03 6,617.06 79,404.67
C 40.23679 3,218.94 6,974.38 83,692.52
D 42.40957 3,392.77 7,350.99 88,211.91
E 44.69969 3,575.98 7,747.95 92,975.36

23.99 1,918.88 4,157.57 49,890.79 Police Academy Trainee ATTACHMENT 3

PLACENTIA POLICE OFFICER ASSOCIATION (PPOA)

SALARY SCHEDULE
Effective July 1 2022

STEP HOURLY BIWEEKLY MONTHLY ANNUALLY
A 38.03044 3,042.44 6,591.94 79,103.32
B 40.08409 3,206.73 6,947.91 83,374.91
C 42.24863 3,379.89 7,323.10 87,877.15
D 44.53005 3,562.40 7,718.54 92,622.50
E 46.93467 3,754.77 8,135.34 97,624.11

23.99 1,918.88 4,157.57 49,890.79
Police Officer
Police Academy Trainee
ATTACHMENT 3

APPENDIX "B"- 1995 Insurance Changes
A. Tier I - Employees, hired prior to November 21, 1995.

1. The City shall make available single party and dependent medical, dental, optical, long-term disability and life insurance to all classified employees, and to such other employees and officials as may be designated by the City Council. The City shall pay that amount toward the premiums for such insurance as may be determined by the City Council and the employee shall pay the remainder of the premium. Such premiums shall be paid only to the company or companies with whom the City has contracted for such insurance coverage.

2. During periods of approved medical leave without pay, the City shall continue to pay its normal contribution for the above insurances for all officers and employees.

3. Upon service retirement, or ordinary disability retirement, the City shall continue to pay its normal contribution for medical, dental, optical, and life insurances for all eligible employees. These benefits shall be considered to be vested for employees hired prior to November 21, 1995. Retired employees receiving these insurances shall if eligible enroll in, and pay for Medicare, Part B, at their earliest eligible date, as primary carrier. Employees retiring for industrial disability shall not be eligible for this benefit.

B. Tier II - Employees, hired on or after November 21, 1995.

1. The City shall make available single party and dependent medical, dental, optical, long-term disability and life insurance to all classified employees, and to such other employees and officials as may be designated by the City Council. The City shall pay that amount toward the premiums for such insurance as may be determined by the City Council and the employee shall pay the remainder of the premium. Such premiums shall be paid only to the company or companies with whom the City has contracted for such insurance coverage.

2. During periods of approved medical leave without pay, the City shall continue to pay its normal contribution for the above insurances for all officers and employees.

3. Upon service retirement, or ordinary disability retirement, Tier II employees shall have the option of participating in a post -retirement insurance benefit program at their own cost. Employees retiring for industrial disability shall not be eligible for this benefit.

4. PLACENTIA agrees that PPOA representative(s) shall participate in the exploration and possible development of an employee paid pre -funded post -retirement benefits program for employees hired after November 21, 1995.

ATTACHMENT 3

APPENDIX "C" - Total Compensation Survey Components
The parties agree the following components will be used to guide future Total Compensation Surveys:
• Top Step Salary - subtract any employee contribution to Retirement Plan as outlined below
• Medical - maximum City contribution for Medical, Dental, Vision, LTD, Life • Uniform Allowance - Divide annual amount by 12 and add to monthly rate • Retiree Medical - Enter amount provided to new hires. Amount paid by City into retiree health savings plan, or, if benefit provided upon retirement, the maximum benefit provided for retiree medical, dental and vision. • POST/Education Pay - Use Maximum amount provided for:
o AA or Intermediate POST Certificate Amount
o BA or Advanced POST Certificate Amount
o MA Amount
o Combine if allowed
• Special Assignment Pay - Maximum amount provided at each City for any Special Assignment (Combine if Allowed)
• Bilingual Pay - Monthly amount or convert to monthly amount. • Longevity - Maximum amount provided.
• Employee Retiree Contributions - Any contributions paid by employee toward retirement plan (either employer or employee portion but paid by employee) ATTACHMENT 3

TO:

VIA:

FROM:

DATE:

Placentia Cit Council

AGENDA REPORT

CITY COUNCIL

CITY ADMINISTRATOR

DEPUTY CITY ADMINISTRATOR / PUBLIC SERVICES AND INFRASTRUCTURE FEBRUARY 15, 2022
SUBJECT: RESOLUTION OF INTENT TO COMMENCE ANNEXATION PROCEEDINGS AND

APPLICATION SUBMITTAL REGARDING COUNTY UNINCORPORATED
"HAMER ISLAND" WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY OF

PLACENTIA
FISCAL
IMPACT: There is no immediate or direct fiscal impact associated the recommended actions.

Should the City elect to annex Hamer Island the City will incur long-term costs to provide services to the Island but will also receive corresponding tax revenues from the Island to help offset said service costs.

SUMMARY:

An unincorporated island is a pocket of County -managed territory that is surrounded by or adjacent to incorporated cities. Unincorporated islands were inadvertently created many decades ago as the County's primarily agricultural communities developed into modern cities, and because of the haphazard way counties and local cities annexed territories and approved new residential and commercial developments. The County of Orange is responsible for providing most public services to unincorporated islands and citizens of those islands. The County's main function is to provide regional services such as the criminal and civil justice system, flood control, social services, public health services, and management of regional parks and public harbors but the County is still required to provide routine daily municipal services to unincorporated islands such as public safety, land use planning, code enforcement, and road maintenance. The law suggests that cities are more effective providers of local municipal services (such as libraries, public safety, recreation, and public works services) than counties.

Hamer Island ("Island") is an unincorporated island within the sphere of influence of the City of Placentia. Residents within the Island already enjoy services provided by the City as many utilize local City parks and recreation programs. In addition, the Placentia Police Department has traditionally provided emergency responses to the Island via mutual aid. The City previously entered into a separate Out of Area Service Agreement with the County of Orange in 2020 to provide daily fire protection and Emergency Medical Services ("EMS") to Island residents upon the commissioning of the Placentia Fire and Life Safety Department, and the City's emergency medical services program on July 1, 2020. In addition, Hamer Island already shares the same zip code with the rest of Placentia, its residents attend Placentia schools, and 3, a.

Feb. 15, 2022

City Council Agenda
February 15, 2022