Agenda packet — Redlands City Council, July 5, 2023 (part 2 of 3)

Article 10: Required Work Hours
The required hours per week for all Fire Department shift personnel shall be fifty -six (56) hours per week.

Article 11: Rules and Regulations
Rules and regulations shall be a formal part of this agreement . New rules, or changes in rules, shall be accomplished through the meet and confer process. This meet and confer process will be limited to changes in said rules and regulations.

Article 12: Safety Practices
The Union supports the City’s safety program objectives and agrees to do its utmost to see that its members cooperate and improve safety practices.

Article 13: Savings Clause
If any provision of this MOU, or the application of such provision, should be rendered or declared invalid by any court action or by reason of any existing or subsequently enacted legislation, the remaining parts or portions of this MOU shall remain in full force and effect.

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Article 14: No Strike Provision
The Union agrees that it will not authorize, in stigate, aid, condone, or engage in any strike, which will interrupt or interfere with the operation of the City. The Employer places the Union on notice of its intention and right to terminate any employee who instigates or engages in any strike or work stoppage which interrupts or interferes with the operation of the City.

Article 15: Equivalent Benefits
If during the term of this agreement, another Redlands safety unit negotiates an increase to compensation in the following areas: base salary, tuition reimburseme nt, education incentive or leave accrual, such terms shall become applicable to Local 1354 members who shall receive an equivalent increase in compensation, only if the change in compensation results in a net increase in total compensation (i.e. the value of City provided benefits) to any unit member in the other safety unit.

Article 16: Lost Firefighter
The City will inter at Hillside Cemetery, at no cost to the firefighter or his/her family, any active firefighter who dies in the line of duty, or dies from any diseases that is recognized by the State of California as being associated with the job of being a firefighter.

Article 17: Consolidation of Fire Services
Should the City consider consolidation of any City fire service that would impact Unit members, the City agrees to meet and discuss any such plans for changes in the fire service. Notwithstanding the commitment to meet and discuss any proposed changes in the fire service that would impact Unit members, the City agrees to meet and confer on any proposed changes in the fire service required by the Meyers-Milias-Brown Act.

Article 18: Salaries
All unit members shall receive the following:

1. Effective the first full pay period following July 1, 2023, all unit members will receive a seven percent (7%) increase to base salary.

2. Effective the first full pay period following July 1, 2024, all unit members will receive a two percent (2%) increase to base salary.

3. Effective the first full pay period following July 1, 2025, all unit members will receive a two percent (2%) increase to base salary.

Article 19: Overtime Compensation
A. Overtime compensation shall be calculated and paid as follows:

B. Overtime pay shall be earned at time and one -half for all hours worked over an FLSA 7 - day period/fifty-three (53) hours per week for shift personnel.

C. Overtime pay shall be earned at time and one -half for all hours worked over forty (40) hours per week for non-shift personnel.

D. Computation of overtime shall exclude time paid fo r holidays, vacation, sick leave, military leave, administrative leave, workers’ compensation, and compensatory time off.

E. Compensation for overtime shall be paid the payday following the FLSA 7 -day work period in which the overtime is earned.

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Article 20: Education Incentive Pay
Employees may qualify for a seven and one -half percent (7. 5%) increase in base salary upon submitting satisfactory proof of the completion of the following educational requirements:

A. An Associate of Arts or an Associate of Science degree with eighteen (18) fire science units approved by the Fire Chief; or
B. Fifteen (15) years of sworn fire service and eighteen (18) fire science units as approved by the Fire Chief; or
C. State Fire Officer Certification or equivalent certification authorized by the State Board of Fire Services and sixteen (16) fire science units approved by the Fire Chief; or D. State Fire Inspector Series or equivalent certification authorized by the State Board of Fire Services and sixteen (16) fire science units approved by the Fire Chief.

Employees may qualify for a ten percent (10%) increase in base salary upon submitting satisfactory proof of the completion of the following educational requirements: Bachelor of Arts or Bachelor of Science degree with eighteen (18) fire science units approved by the Fire Chief.

Article 21: Certification Pay
The Fire Chief shall designate up to six (6) unit employees who shall possess and maintain a Fire Investigator Certification, recognized by the Office of the State Fire Marshall (OSFM) , to receive a 5% increase in base salary. The number of designate d employees may be reduced if there are not six unit members that possess the appropriate certification.

The Fire Chief shall designate up to sixteen (16) unit employees who shal l possess and maintain a Hazardous Materials Technician Certification, recognized by the OSFM, to receive a 2.5% increase in base salary. The number of designated employees may be reduced if there are not six teen unit members that possess the appropriate certification.

Article 22: Longevity Pay
Employees in the unit with 19 years of continuous service wit h the City of Redlands shall advance to Step 7 on the salary schedule. In the event that a unit member is not at Step 6 when he/she is eligible for Step 7, the unit member will advance to the next step in their salary range and continue to advance based on merit until the unit member reaches Step 7.

Effective July 1, 2021, employees in the unit with 14 years of continuous service with the City of Redlands shall advance to Step 6 on the salary schedule. In the event that a unit member is not at Step 5 when he/she is eligible for Step 6, the unit member will advance to the next step in their salary range and continue to advance based on merit until the unit member reaches Step 6.

Article 23: Paramedic Pay
All members of Local 1354 (Captains, Engineers and Firefighters) who possess and maintain their paramedic certification shall receive a paramedic compensation allowance, which shall be equal to fifteen percent (15%) of Step 5 of the Firefighter Range.

Article 24: Call Back Pay
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compensated with six (6) hours minimum at straight time . This compensation shall be over and above the actual time worked.

Article 25: Paramedic Certification
Paramedic recertification hours shall be considered as overtime and calculated and paid as set forth in the overtime compensation agreement.

Article 26: Uniform Allowance
Each employee in the unit shall receive a uniform allowance of five hundred dollars ($ 1100.00) per year, with $550 paid in January and $550 paid in June. In addition, the City shall provide each employee in the unit with five (5) shirts upon hire and every two (2) years thereafter. Uniforms damaged in the line of duty shall be replaced as determined by the Fire Chief.

Article 27: Bilingual Pay

Employees are eligible for bilingual pay in accordance with the Ci ty’s Bilingual Pay Program and upon approval by the Department Head and City Manager. Authorized employees shall receive additional compensation in the amount of One Hundred Dollars ($100) per month.

Article 28: Deferred Compensation Contribution
The City shall make an annual contribution to the 401(a) on behalf of each member in the amount of $1125 plus 2% of salary.

On the first day after the last pay period in November, unit members that have a floating holiday balance of 24 hours, shall deposit the following into the 401(a) plan. Contributions will be made in the following order up to the IRS maximum allowed:

1. One hundred percent (100%) of available sick time at the end of the year available for buy-back shall be deposited.

2. One hundred percent (100%) of available floating holiday time shall be deposited.

3. Seventy-five percent (75%) of compensation time shall be deposited.

4. Sixty percent (60%) of vacation time shall be deposited.

Upon service or medical retirement under the PERS retirement plan, unit members shall deposit the cash value of their vacation, floating holidays, and comp time into the 401(a) program up to the maximum allowed by law.

Article 29: Payroll Deduction of Dues

The City agrees to deduct each pay period, dues and assessments in an amount ce rtified to be current by the Secretary/Treasurer of the Union from the pay of each member of the unit. The total amount of deductions shall be remitted each pay period by the City to the Secretary/Treasurer of the Union.

Article 30: Medical Insurance

The City shall contribute directly to CalPERS on behalf of eac h employee three hundred and ninety- seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on Regular Redlands Meeting of 07-05-2023
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September 5, 1989 . In addition, the City shall contribute an amount through the City ’s cafeteria plan that is equal to the difference between the City ’s PEMHCA minimum contribution and the following amounts:

July 1, 2023 January 1, 2024 January 1, 2025
Employee Only $ 750 $ 775 $ 800 Employee +1 $ 1,500 $ 1,550 $ 1,600 Family $ 1,950 $ 2,025 $ 2,100

City contributions to the cafeteria plan may be used toward available cafeteria benefits, i ncluding City medical premiums, expenditures covered under Flexible Spending Accounts, and post- employment health plan (PEHP). For members of the De fined Class receiving contributions to the Retiree Medical Trust pursuant to the below the City shall on a pre-tax basis deposit the cash value of the employee’s available cafeteria benefits to the employee’s Trust account.

There shall be no cash option for available cafeteria benefits.

Unit employees opting o ut of City medical covera ge shall receive $350 per month upon written proof of additional coverage.

RETIREE HEALTH
For unit members who qualify as an “annuitant” under PEMHCA, the City will contribute directly to CalPERS on behalf of each annuitant three hundred and ninety -seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989.

Applicable only to unit members hired prior to City Council adopt ion of the 2012- 2015 MOU (October 16, 2012), upon service or disability retirement under the PERS retirement plan, or in the event of the death of an employee prior to retirement, employees who have served a minimum of fifteen (15) years of service with th e Ci ty of Redlands and who qualify as annuitants under PEMHCA, the City shall c ontribute to a retiree health savings account the dif ference between the PEMHCA minimum and the cost of medical, dental and vision insurance premiums for the employee, spouse, a nd e ligible dependents (“lifetime health insurance. ”) Lifetime health insurance shall be at no cost to the retired employee and shall cover the employee and eligible dependents under a plan equal to that provided from time to time to full -time employees.

Lifetime health insurance includes medical, dental, and vision care as provided in the unit MOU.

Unit members hired after October 16, 2012, who achieve fifteen (15) years of service and who qualify as an annuitant under PEMHCA shall be entitled to a “medical bridge” program for themselves upon retirement from the City until they become Medicare-Eligible. Under the “Medical Bridge,” the City will contribute to a Retiree Medical Trust as set for the below the difference between the PEMHCA minimum and the cos t of employee-only coverage for the least expensive equivalent health, vision and dental plan as provided by the City to its then existing unit members through the CalPERS medical plan until t he annuitant reaches the age of Medicare eligibility at which time the benefit will cease and annuitants will only receive the three hundred Regular Redlands Meeting of 07-05-2023
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and ninety-seven ($397) per month pursuant to Resolution No. 4572 adopted by the City council on September 5, 1989. Unit members who receive the medical bridge program can select coverage for dependents, however, the additional cost much be paid for by the annuitant and will not be paid for by the City.

RETIREE MEDICAL TRUST
ACKNOWLEDGEMENT. The City acknowledges that Union has entered into an agreement with the IAFF Medical Ex pense Reimbursement Plan of the Washington State Council of Fire Fighters Employee Benefit Trust (hereafter, the “Trust”). The purpose of the Trust shall be to provide for retiree health expense reimbursement benefits.

DEFINED CLASS OF EMPLOYEES RECEIVI NG CO NTRIBUTIONS. The “Defined Class” of employees receiving contributions to the Trust, as set forth herein, consists of all employees o f the City of Redlands represented by the Union hire d on or after City Council adoption of 2012 -2015 MOU (October 16, 2012) . Employees hired prior to October 16, 2012 shall be excluded from Trust participation.

EMPLOYEE CONTRIBUTION AMOUNT. The City and the Union agree that the City shall withhold a mandatory contribution of $ 200.00 per month on a pre -tax basis from the pay of every employee in the Defined Class and shall transmit such contributi ons to the Trust pursuant to the requirements in Section F below. No employee in the Defined Class shall be pe rmitted to opt-out of the mandatory contributions or receive any portion of the contribution in cash.

EMPLOYER CONTRIBUTION AMOUNT. The City s hall make a mandatory employer contribution to the Trust of $100.00 per month on a pre -tax basis for every employ ee in t he Defined Class. No employee in the Defined Class shall be per mitted to opt- out of the mandatory contributions or receive any portion of the employer contribution in cash.

CONTRIBUTORY RETIREE CONTRIBUTION . For every employee in the Defined Class meeting the requirements set forth in Section 3 above, the City shall upon the employee’s retirement from the City contribute the Medical Bridge benefit in accordance with the terms set forth in above to the retiree’s Trust account on a pre -tax basis. No em ployee/retiree in the Defined C lass shall be permitted to opt-out of the mandatory contributions or receive any portion of the Medical B ridge contribution in cash.

MANDATORY ACCRUED VACATION LE AVE CONRIBUTION (at Separation other than retirement ).

For every employee in the Defined Class, the City shall, upon the employee’s separation from the City, irrevocably contribute to the employee’s Trust account on a pre-tax basis, an amount equal in value to 100% of the payments that would otherwise be paid to the employee for unused vacation leave under this MOU. No cash out option will be available.

REMITTANCE OF CONTRIBUTIONS. The City shall remit the above contributions and/or accrued leave payments directly to the Trust for the duration of the Memorandum of Understanding.

Those contributions shall be remitted per pay period, in one aggregate [ACH transfer or wire] directly to the custodian of the Trust within 30 days of the date the payment would have been payable to the employee.

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REPORTING TO TRUST OFFICE. The City shall electronically submit to the Trust Office a report o f contributing employees for each contributi on sent to the Trust , in the format request ed by the Trust.

The City hereby acknowledges receipt of the Trust Agreement governing the Trust and will comply with rules set by the Trust Office regarding reporting and depositing the required contributions set forth herein.

Article 31: Dental Insurance
The City shall contribute the entire monthly premium for employe es and eligible dependents under the Principal Financial or equivalent dental plan.

Article 32: Life Insurance
The City shall contribute the entire monthly premium for a life insurance policy in the amount of twenty five thousand dollars ($25,000) for all employees in the unit.

Article 33: Vision Care
The City agrees to contribute the entire monthly premium for members of this unit and their eligible dependents for a vision insurance plan with VSP Vision or its equivalent.

Article 34: Wellness Program
The City and Union agre e to develop a committee to discuss and potentially implement a mutually agreed upon wellness program.

Article 35: Disability Insurance
The City agrees to provide State Disability Insurance (SDI) to all members of the unit.

Article 36: Driver’s License Physical Examinations
The City shall pay for the required physical e xaminations of employees required by their job classifications to maintain Class A or Class B driver’s licenses. Time spent participating in the required physical examination will be considered as time worked.

Article 37: Modified Duty Policy
The Union agrees that the City’s modified duty policy also applies to members of this unit, with the stipulation that all modified duty will occur within either the Police or Fire Departments. The City agrees to enter into discussions concerning modified duty for personnel injured while off duty on a case by case basis.

Article 38: Minimum Staffing Levels
The City shall maintain a minimum sta ffing level, utilizing members of Local 1354. Each engine company will be staffed by three (3) suppression personnel, each truck company will be staffed with four (4) suppression personnel and each pa ramedic squad will be staffed with two (2) suppression personnel. All engine companies shall have one (1) captain, one (1) engineer, and one (1) firefighter as part of their staffing. All truck companies shall have one (1) captain, two (2) engineers, and one (1) firefighter as part of their sta ffing. Any advanced life support ( paramedic) unit shall have a minimum of two (2) paramedics. Any paramedic assessment unit (PAU) shall have Regular Redlands Meeting of 07-05-2023
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a minimum of one (1) paramedic. The minimum daily staffing levels shall not drop below eighteen (18) personnel excluding the Battalion Chief.

If during the term of this Agreement, the City is prepared to open a fifth fire station, the parties agree to reopen the Agreement to b egin meet and confer discussions r egarding Article 39, Minimum Staffing, within no less than thre e (3) months of the scheduled opening. This reopener shall be limited to negotiating an increase in minimum staffing to staff a fifth fire station (i.e., the City shall not make any proposals to decre ase or eliminate minimum staffing). The parti es understand that nothing herein requires the City to increase minimum staffing.

Article 39: Personal Exposure Reporting System
The City shall continue to contribute the entire cost of the Personal Exposure Reporting Re cording System developed by the California Pro fessional Firefighters Association and Administered by the California Firefighter Foundation. The Association shall provide the City with the Personal Exposure Reporting Recording System annual report.

Article 40: Union Activities
Section 40.01: MEET AND CONFER
A. Local 1354 may a ppoint me mbers of its union to serve on a bargaining team for the purpose of meeting and conferring with City officials, however bargaining team members must be identified prior to bargaining commencing . Release time for bargaining shall be with the approval of the Fire Chief. Should the department be unable to provide release time, another bargaining sessi on shall be scheduled at a mutually agreeable time between the Union and City.

B. Firefighters servi ng on th e bargaining team during their scheduled working hours shall earn their regular rate of pay during any workday hours that bargaining occurs.

Firefighters not on duty shall not earn pay, including overtime, for meet ing and conferring.

Section 40.02:

GRIEVANCE HANDLING
A. Local 1354 may appoint members of its union to ac t as employee representatives for the purpose of investigating grievances and attending grievance meeting s. Release time for grievance handling shall be with the appro val of the Fire Chief. Should the department be unable to provide release time, another time shall be scheduled that is mutually agreeable between the Union and City.

B. Firefighters acting as employee representatives for the purpose of grievance handling during their scheduled working hours shall earn their regular rate of pay during any work day hours that grievance handling occurs. Firefighters not on duty shall not earn pay, including overtime, for grievance handling.

Section 40.03:

OFFICIAL UNION BUSINESS
A. Each year Local 1354 members may contribute vacation le ave hours to create a total bank of two hundre d-forty ( 240) hours that members may utilize for Official Union Business Leave, such as attending training or conventions. Official Union Business Leave must be pre-approved by the Fire Chief and the City Manager.

B. The City agrees to provide release time f or one Un ion representative for up to three consecutive shifts for the attendance of I.A.F.F. and/or C.P. F. legislative conferences, I.A.F.F. and/or C.P.F. general conferences and educational seminars.

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Section 40.04: NOTIFICATION OF UNION OFFICIALS
A current list of members makin g up the Board of Directors, including their term of office, shall be submitted to the Personnel Office and Fire Chief as changes in Board membership occur.

Section 40.05: UNION MEETINGS
The Union shall be allowed t he use of City facilities to hold union meetings. Repr esented employees who are on duty shall be allowed to attend said meetings with approval of the duty Chief.

Article 41: Retirement – Public Employees’ Retirement System (PERS) A. Only a s to unit members hired prior to January 1, 20 13 (“Classic Members”) , t he City shall provide the following provisions in its contract with the PERS retirement system:

1. 3% @ 50 Retirement Formula

2. Survivor Continuance

3. Highest Single Year

4. All classic unit members, including those employed by the City prior January 1, 2013, shall individually pay the Government Code section 20678 CALPERS Local Safety Member Contribution as follows: 9% of “ compensation” as defined in the Government Code.

B. Public Employees Pension Reform Act (PEPRA):

1. PEPRA shall in its entirety be given full force and effect as it may from time to time exist, as described below.

2. Unit employees newly employed by the City on and after January 1, 2013 (“New Members”), shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate for the Defined Benefit Plan in which said n ewly hired employee is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate o f similarly situated employees, whichever is greater. (Government Code section 7522.30)
Unit members who are new Cit y employees on and after January 1, 2013, shall be enro lled in the SAFETY OPTION PLAN TWO (2.7% at 57) (Government Code section 7522.25(e) , with final pensionable compensation (as defined for ne w members in Government Code § 75 22.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. (Government Code § 7522.32(a).)

C. To the extent permitted by law, retirement contributions herein made by the employees shall be made on a pre-tax basis.

Article 42: Defined Contribution & Contribution Plans
A. The City shall make available to Association members a qualified 401a, 401 Def ined Contribution, Defined Distribution plan(s) and a Retirement Health Savings Plan, as allowed by law. All programs shall be structured in accordanc e with St ate and Federal law.

B. For Association members depositing the accrued buy back amo unts placed into qualified plan(s), the City shall make the deposit into the appropriate account on a pre-tax basis.

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Article 43: Death on Duty
A. If an employee dies while on duty, the City shall calculate compensation for the entire shift. The eligible dependents of deceased employees shall be entitled to benefits as follows:

B. Sick leave accruals, lifetime medical insurance and other applicable benefits shall be calculated and/or compensated according to the eligibility requirements stated in the current MOU.

C. In the event the deceased employee qualified for a service retirement (i.e. age 50 and with a minimum of five (5 ) years of service with the City), the City sh all calculate and/or compensate benefits in the same manner as an employee service retirement.

Article 44: Vacation
A. The vacation accrual for employees in the unit shall be as follows:

1. 24 Hour Shift Personnel

YEARS/MONTHS OF SERVICE SHIFTS
1 – 5 (0-59 MOS) 5
6 – 7 (60-83 MOS) 6
8 – 9 (84-107 MOS) 7
10 – 13 (108-155 MOS) 8
14 – 15 (156-179 MOS) 9
16 – 20 (180-239) 10.5
20 + (240+ MOS) 11

2. 8 Hour Shift Personnel

YEARS/MONTHS

OF SERVICE HOURS
1 – 5 (0-59 MOS) 80
6 – 7 (60-83 MOS) 120
8 – 9 (84-107 MOS) 128
10 – 11 (108-131 MOS) 136
12 – 13 (132-155 MOS) 144
14 – 15 (156-179 MOS) 152
16 – 20 (180-239 MOS) 160
21 (240-251 MOS) 168
22 (252-263 MOS) 176
23 (264-275 MOS) 184
24 (276-287 MOS) 192
25 + (288+ MOS) 200
B. Effective J uly 1, 2023, employees may accrue a maximum of 528 hours. Once an employee accrues 528 hours, they will no longer accrue hours until their balance falls below the 528 hours cap. Employees shall be paid for unused vacation at the time o f separation.

C. There shall be a limit of eight (8) personnel off for vacation per shift as follows:

1. Two (2) Captains,

2. Two (2) Engineers,

3. Three (3) paramedics, and

4. One (1) firefighter.

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Article 45: Compensatory Time
A. The City shall provide each employee in the unit wi th the option of receiving overtime compensation in the form of compensatory time off (CTO) or cash payment. Employees shall be authorized to accumul ate no more than two hundred -forty (240) hours of CTO during any calendar year. Should there be an excess of two hundred- forty (240) hours at the end of the calendar year, all hours over two hundred -forty (240) hours shall be paid out in cash. All accumulated CTO shall be utilized within twelve (12) months of the time it is earned.

B. Employees shall be authorized to utilize the accumulated CTO for any purpo se. The C ity agrees that it is at the discretion of the employee to use compensatory time off in lieu of vacation or holiday time.

Article 46: Sick Leave
Section 46.01: ACCRUAL
Paid sick leave shall accrue at 5.6 hours per p ay period and taken in twenty -four (24) hour shifts. Em ployees who work a forty (40) hour week will accrue sick leave at 3.7 hours per pay period.

Section 46.02: BUY-BACK
A. 24 Hour Shift Personnel

1. Unit employees with more than seven hundred (700) hours of sick leave acc rual may buy back up to three (3) shifts of sick leave accrual each year, based on the following schedule:

No sick leave used during applicable period – buy back three (3) shifts.

One (1) shift of sick leave used during applicable period – buy back two (2) shifts.

Two (2) sick leave shifts used during applicable period – buy back one (1) shift.

Three (3) or more shifts of sick leave used during applicable period – no buy back entitlement.

2. Unit employees with more than one thousand one hundred (1100) hours o f sick leave accrual may buy back up to six (6) shifts o f sick leave accrual each year, based on the following schedule:

No sick leave used during applicable period – buy back six (6) shifts.

One (1) shift of sick leave used during applicable period – buy back five (5) shifts.

Two (2) sick leave shifts used during applicable period – buy back four (4) shifts.

Three ( 3) sick leave shifts used during applicable per iod – buy back three (3) shifts.

Four (4) sick leave shifts used during applicable period – buy back two (2) shifts.

Five (5) sick leave shifts used during applicable period – buy back one (1) shift.

Six (6) sick leave shifts used during applicable period – no buy back entitlement.

3. The election to sell leave shall be made no later than December 15 of the year prior to payment. Payment will be made in Nov ember of the following year. Elections made are irrevocable and may not be changed once submitted. A u nit member must meet the hour requirements for the buyback elected at time of payment. If they do not mee t the required hours at the time of payment they will revert to the maximum buyback for which they qualify.

B. 40 Hour Week Personnel

1. At the end of each calendar year, each employee in the unit may elect to be paid cash at th eir prevailing hourly rate for each sick leave day accumulated during the Regular Redlands Meeting of 07-05-2023
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preceding calendar year, in ex cess of six (6) sick leave days, to be paid in November of the following year. A total of one (1) year’s accumulation must be on the books prior to any compe nsation being paid. This election is irrevocable and may not be changed once the election is made. Unit members may also choose to accumulate all sick leave days from year to year to an unlimited amount.

Section 46.03: ACCRUAL PAYMENT UPON RETIREMENT
A. Upon service or m edical retirement under the PERS retirement plan, or in the event of the death of an employee prior to retirement, employees with less than fifteen (15) years service with the City may elect one (1) of the following options for payment of unused sick leave:

1. Convert all remaining sick leave accrued at the time of retirement to cash value at the final rate of pay and deposit in the Post Employment Health Plan (PEHP) where it can be used for applicable premiums payable under the City’ s medical insurance program for the employee and eligible dependents . In the event that the employee dies prior to exhaustion of the cash value of said benefits, the remaining cash value may be applied towards the premiums of covered dependents until exhausted, subject to the conditions and limitations of the PEHP.

2. At the time of service retirement, disability retirement, or at the death of an active employee, accrued sick leave may be cashed out at the prevailing hourly rate at three-percent (3%) for each year of service to a maximum of 100%.

3. At the time of retirement or disability retirement extend service credit equal to one hundred percent (100%) of accrued sick leave on the books.

B. Upon service or medical retirement under the PERS retirement plan, or i n the event of the death of an employee prior to retirement, employees who have served a minimum of fifteen (15) years service with the City, shall be provided lifetime health insurance or the Medical Bridge in accordance with Article 31, Sectio n D. In addition, a ffected employees also have the opt ion of be ing compensated for unused sick leave on the books at the time of retirement by either option 2 or 3 above.

Article 47: Holiday Schedule and Holiday Carryover Prohibition A. Twenty-four (24) hour shift personnel in the unit shall be compensated with fourteen (14) 12-hour holidays per year a nd two (2 ) 12-hour floating holidays per year. Effective January 1, 1997, compensation shall be based o n 6.46 hours for 26 pay periods. Floating holidays not used by December 31st of each year will be paid off the following January.

B. Within the first week of D ecember, represented shift personnel shall have the option of submitting to the Finance Departm ent a declaration of intent to convert their 1 68 hours of holiday pay to one hundred sixty e ight (168) hours of compensatory time off for the ensuing calendar year.

C. Non-shift personnel shall receive the same holidays granted to other employ ees as established by Council Resolution.

D. Non-shift personnel shall not be allowed to carry over holidays from one calendar year to another. Floating holidays not taken by December 31 shall be paid off in January of the following year.

E. Holidays shall be p aid at the rate o f pay applicable to the shift to which the employee is regularly assigned and shall include supplemental pay (Paramedic Pay, Education al Incentive, Certification Pay) which may apply to the specific firefighter. The city will Regular Redlands Meeting of 07-05-2023
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report to Ca lPERS the Holiday Cash out amounts. This amount is derived from an employee’s left over holiday cash out amount and paid at regular rate, which includes base p ayrate, paramedic pay, and educational incentive pay. The city will report the holiday cash out on an annual basis to CalPERS in January of each year.

Article 48: Bereavement Leave
In the case of death in the immediate family, shift personnel will be compen sated with forty eight (48) hours paid leave and hourly employees will be compensated with two (2) days p aid leave.

Immediate family shall b e defined as the following relatives to either the employee , register ed domestic partner or spouse of the employee: spouse, child (including a foster child or ward of the court), parent, grandparent, grandchildren, brother and sister.

Article 49: Leave of Absence Without Pay
If an employee takes more than five (5) accumulate d days of leave without pay in a calendar year, commencing at the beginning of the sixth (6th) day of leave without pay and any day of leave without pay thereafter during the calendar year; sick le ave and vacation accruals will be adjusted proportionately to eliminate benefit accruals for any day an employee is on leave without pay.

Article 50: Shift Exchange
Employees shall have the right to exchange shifts on an “unlimited freedom of trade” basis as long as the trade does not interfere with the normal operation of t he Fire De partment. The Fire Chief shall approve such procedure.

Article 51: Article 52: Zipper Clause
The parties agree that all negotiable items have been discussed during negotiations leading to this MOU, including salaries and benefits, and conditions of employ ment and t herefore further agree that negotiations will not be reopened on any item during the life of this MOU except my mutual agreement or as provided elsewhere in this MOU.

Article 52: Signatures

CITY OF REDLANDS

REDLANDS PROFESSIONAL FIREFIGHTERS ASSOCIATION
LOCAL NO. 1354 I.A.F.F.

Brent Fuller, President Date
Eddie Tejeda, Mayor Date
Attest: Dustin Whitaker, Vice President Date

Jeanne Donaldson, City Clerk
Date

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RE035\044\10246050.v2

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

C
ITY OF
R

EDLANDS

AND THE

EDLANDS

CIVILIAN

SAFETY EMPLOYEE ASSOCIATION

JULY 1, 2023 - JUNE 30, 2026

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2 Between

The City of Redlands
And The
Redlands Civilian Safety
Employee Association
July 1, 2023– June 30, 2026

Article 1. Preamble _____________________________________________________________________________________ 5 Article 2. Term of Memorandum of Understanding _________________________________________________ 5 Article 3. Recognition __________________________________________________________________________________ 5 Article 4. Management Rights _________________________________________________________________________ 5 Article 5. Salaries _______________________________________________________________________________________ 6 Article 6. Retirement ___________________________________________________________________________________ 6 Article 7. Education Incentive pay ____________________________________________________________________ 7 Article 8. Longevity Pay ________________________________________________________________________________ 7 Article 9. Overtime _____________________________________________________________________________________ 8 Article 10. Working Out of Classification Pay __________________________________________________________ 8 Article 11. Special Assignment Pay _____________________________________________________________________ 8 Article 12. Call Back Pay _________________________________________________________________________________ 9 Article 13. Stand-by Pay _________________________________________________________________________________ 9 Article 14. Mobile Device Pay ___________________________________________________________________________ 9 Article 15. Matron Pay ___________________________________________________________________________________ 9 Article 16. Training Pay _______________________________________________________________________________ 10 Article 17. Shift Differential ___________________________________________________________________________ 10 Article 18. Uniform Allowance ________________________________________________________________________ 10 Article 19. Deferred compensation ___________________________________________________________________ 11 Article 20. Rideshare Program ________________________________________________________________________ 11 Article 21. Tuition Reimbursement ___________________________________________________________________ 11 Article 22. Bilingual Pay _______________________________________________________________________________ 11 Article 23. Death of Employee ________________________________________________________________________ 11 Regular Redlands Meeting of 07-05-2023
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3 Article 24. Health Insurance __________________________________________________________________________ 12 Article 25. Dental Insurance __________________________________________________________________________ 13 Article 26. Vision Care _________________________________________________________________________________ 13 Article 27. Life Insurance ______________________________________________________________________________ 13 Article 28. Workers’ Compensation/SDI _____________________________________________________________ 13 Article 29. Vacation ____________________________________________________________________________________ 13 Article 30. Sick Leave __________________________________________________________________________________ 14 Article 31. Bereavement Leave _______________________________________________________________________ 14 Article 32. Leave of Absence Without Pay ___________________________________________________________ 15 Article 33. Military Leave ______________________________________________________________________________ 15 Article 34. Holidays ____________________________________________________________________________________ 15 Article 35. Compensatory Time Off ___________________________________________________________________ 16 Article 36. Employee Organization Rights ___________________________________________________________ 16 Article 37. Meal Periods _______________________________________________________________________________ 17 Article 38. Rest Periods ________________________________________________________________________________ 17 Article 39. Catastrophic Leave ________________________________________________________________________ 18 Article 40. Leave Time Reporting _____________________________________________________________________ 18 Article 41. Driver’s License Physical Exams _________________________________________________________ 18 Article 42. Employment Examination Procedures __________________________________________________ 18 Article 43. Probation ___________________________________________________________________________________ 18 Article 44. Workweek /Work Schedule ______________________________________________________________ 18 Article 45. Promotional Positions ____________________________________________________________________ 18 Article 46. No Strike Provision ________________________________________________________________________ 19 Article 47. Direct Deposit ______________________________________________________________________________ 19 Article 48. Personnel File ______________________________________________________________________________ 19 Article 49. Copy of MOU to Each Employee __________________________________________________________ 19 Article 50. Rules, Regulations and Resolutions ______________________________________________________ 19 Article 51. Disciplinary Procedure ____________________________________________________________________ 19 Article 52. Grievance Procedure ______________________________________________________________________ 25 Article 53. Demotion/Non-Disciplinary ______________________________________________________________ 29 Article 54. Layoff Procedure __________________________________________________________________________ 29 Article 55. Unit Modification __________________________________________________________________________ 30 Regular Redlands Meeting of 07-05-2023
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4 Article 56. Communications ___________________________________________________________________________ 31 Article 57. Use of Bulletin Boards _____________________________________________________________________ 31 Article 58. Prevailing Benefits ________________________________________________________________________ 31 Article 59. Extension of MOU__________________________________________________________________________ 31 Article 60. Savings Clause _____________________________________________________________________________ 31 Article 61. Zipper clause _______________________________________________________________________________ 31 Article 62. Signatures __________________________________________________________________________________ 32

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5 Article 1.

PREAMBLE
It is the intent and purpose of this Memorandum of Understanding (hereinafter “MOU”) to set forth the understanding of the City of Redlands (hereinafter “City”) and the Redlands Civilian Safety Employees Association ( hereinafter “Association” or the “Unit”) reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between the City and the Association.

Article 2.

TERM OF MEMORANDUM OF UNDERSTANDING
Except where expressly stated otherwise herein, the City and the Association agree that the provisions of this MOU shall become effective as of July 1, 2023 and shall expire on June 30, 2026.

Article 3.

RECOGNITION
A Unit employee shall be defined as an employee of the City and assigned to the Association’s Unit by the City Manager in accordance with City policies and procedures. The following classifications are assigned to the Association’s Unit:

Animal Services Officer
Animal Services Supervisor
Community Service Offer I/II
Crime Analyst
Digital Forensic Examiner
Dispatch Supervisor
Dispatcher I/II/III
Executive Police Assistant
Fire Prevention Inspector
Forensic Specialist
Kennel Attendant
Police Recruit
Property and Evidence Technician
Records Specialist I/II
Records Supervisor

Article 4.

MANAGEMENT RIGHTS
The authority of the City includes:
• The exclusive right to determine the mission of its constituent departments, commissions and boards;
• Set standards of service;
• Determine the procedures and standards of selection for employment and promotion; • Direct its employees;
• Take disciplinary action;
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6 • Maintain the efficiency of work;
• Maintain the efficiency of governmental operations;
• Determine the methods, means and personnel by which government operations are to be conducted;
• Determine the content of job classifications;
• Take all necessary actions to carry out its mission in emergencies; Exercise complete control and discretion over its organization and the technology of performing its work, provided, h owever, that the exercise and retention of such rights does not preclude employees or their representatives from meeting and conferring over effects on matters within the scope of representation.

Article 5.

SALARIES

A. All Unit employees are responsible for the employee contribution to Social Security and Medicare.

B. Effective the first full pay period following July 1, 2023, all Unit employees will receive a seven percent (7%) increase to base salary.

C. Effective the first full pay period following July 1, 2024, all Unit employees will receive a two percent (2%) increase to base salary over the prior year.

D. Effective the first full pay period following July 1, 2025, all Unit employees will receive a two percent (2%) increase to base salary over the prior year.

Article 6.

RETIREMENT
A. Classic Members

1. All “classic” Unit members shall personally fund 100% of the 7% of compensation earnable as and for the individual member’s normal employee PERS contri bution. (The term “classic” member is defined in the Public Employee’s Pension Reform Act of 2013-“PEPRA.”) All “classic” member normal contributions required to be paid by the member, whether paid by the employer or the member, shall be credited to the member’s CalPERS account.

The City shall adopt the necessary resolution(s) so that individual member contributions made by the employee may be excluded from taxable income pursuant to Section 414(h)(2) of the United States Internal Revenue Code.

Whether as authorized by Government Code § 20692, 20636(c)(4) or any other statutory or legal basis, the City shall not report to CalPERS as any type of compensation, any portion of the normal employee PERS contributions required by PERS which are funded by the employee.

2. The City shall continue to include in this contract with CalPERS, the following provisions:

HIGHEST SINGLE YEAR

SURVIVOR CONTINUANCE
2% @ 55 RETIREMENT FORMULA
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7 B. New Members

1. PEPRA shall in its entirety be given full force and effect as it may from time to time exist, during and after the term of this MOU, as described below. Any provision in this MOU which contradicts any provision of PEPRA shall be deemed null and void, with the contrary PEPRA provision(s) being given full force and effect.

2. Unit employees who are “new members” as defined in PEPRA, shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate (as defined and calculated by CalPERS) for the Defined Benefit Plan in which said newly hired member is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employ ees, whichever is greater. (PEPRA – Government Code section 7522.30)

3. Unit employees who are “new members,” as defined in PEPRA, on and after January 1, 2013, shall be enrolled in the PEPRA retirement plan of 2%@62 (Government Code section 7522.20(a), with final pensionable compensation (as defined for new members in Government Code § 7522.34) being determined by reference to the highest average annual pensionable compensation earned during a period of 36 consecutive months. (Government Code § 7522.32(a).)

Article 7.

EDUCATION INCENTIVE PAY
Employees will qualify for a three percent (3%) increase in base salary upon submitting satisfactory proof of a Master or Doctoral degree (i.e., official transcripts) where such degree is not required as part of the employee’s minimum job qualifications. If a Master’s d egree is required as part of the employee’s minimum job qualifications, the employee will only be eligible for education incentive pay upon submitting satisfactory proof of a Doctoral degree.

Article 8.

LONGEVITY PAY
A. Employees with fifteen (15) years continuous service with the City, shall advance to Step “5” on the salary schedule which shall be a minimum of three percent (3%) higher than Step “4,” effective with the beginning of the pay period closest to completion of their fifteenth (15th) year of service.

B. Employees with twenty (20) years continuous service with the City, shall advance to Step “6” on the salary schedule which shall be a minimum of two percent (2%) higher than Step “5,” effective with the beginning of the pay period closest to completion of their twentieth (20th) year of service.

C. In the event that an employee is not at Step 4 when he/she is eligible for Step 5, at the completion of fifteen (15) years of service, the employee will advance to the next step in the salary range, and continue to advance based on merit until the employee reaches Step 5.

D. In the event that an employee is not at Step 5 when he/she is eligible for the Step 6, at the completion of twenty (20) years of service, the employee will advance to the next step in the salary range, and continue to advance based on merit until the employee reaches Step 6.

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8 Article 9.

OVERTIME
A. Overtime pay shall be earned at time and one -half for all hours. A Unit employee may elect to earn compensatory time off, at one and one -half time, in lieu of overtime pay. Overtime must be paid at the time it is worked or accrued as compensatory time. Accrued compensatory time will not be paid off in lump sum except at termination and only for those hours on the official payroll records.

B. Paid leave time, which encompasses floating holiday, vacation, sick, and compensatory time, shall not be considered hours worked for the computation of overtime. Paid holiday time and jury duty shall be considered hours worked for the computation of overtime.

C. Any Unit employee who works overtime in excess of three and one -half (3½) hours, provided that employee has worked eight (8) hours in addition to the three and one-half (3½) hours, will be entitled to have a meal at the expense of the City or be entitled to go home and eat, which will be at the discretion of the supervisor in charge.

Article 10.

WORKING OUT OF CLASSIFICATION PAY
A. Whenever the needs of the City require a Unit employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed, said employee shall be entitled to receive out of classification pay for the period of time that the Unit employee works out of classification. Employees approved to work out of class shall be placed at Step 0 of the classification in which they are working. If Step 0 does not provide a 5% increase, the employee will be placed at the step on the range that provides a 5% increase. Placement will not exceed Step 4 of the range.

B. In order to receive out of classification pay the following provisions must occur:

1. A vacancy or absence must exist for out of classification pay to be paid.

2. The employee receiving out of classification pay must perform essentia lly all of the functions of the higher classification in order to receive compensation.

3. The employee shall meet the minimum qualifications for the higher classification in order to be eligible for out of classification pay.

4. The employee shall have completed five (5) consecutive full work days in the higher classification and shall then be eligible for out of classification pay commencing with the sixth (6th) consecutive day working out of classification and continuing for all consecutive days worked thereafter C. Working out of classification pay will only be authorized upon recommendation to the Human Resources/Risk Management Director by the Department Director and will require a Personnel Action Form with supporting documentation justifying the special assignment.

Article 11.

SPECIAL ASSIGNMENT PAY
Unit employees performing in a capacity beyond the normal scope of their duties, and with increased and direct responsibility and personal liability for City operations shall be eligible for Special Assignment Pay.

Special Assignment Pay shall be at a flat rate not to exceed ten percent (10%) of base salary. Special Assignment Pay will only be autho rized upon Department Director recommendation, Human Resources Director concurrence, and City Manager approval.

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9 Article 12.

CALL BACK PAY
A. Call back time will be reimbursed based on a minimum two (2) hour block at time and one -half, with the exception that Unit employees will be reimbursed based on a minimum three-hour block at time and one-half if the call back is between the hours of 12:00 a.m. and 7:00 a.m. Any Unit employee who is unable to respond within thirty (30) minutes may be eliminated from the standby rotation.

B. A Unit employee working a continuous call back of at least four (4) hours that ends within eight (8) hours of the employee’s regular job starting time is not required to report to duty at the employee’s regularly scheduled time. When a Unit employee has worked at least two (2) hours during the eight (8) hours prior to the commencement of the regular work schedule, the employee shall automatically report to duty on the employee’s regularly scheduled shift immediately commencing ten (10) hours after the end of the call-back assignment.

Article 13.

STAND-BY PAY
A. Unit Employees assigned to standby duty shall receive one (1) hour of pay at straight time for standby duty on a regularly scheduled work day and four (4) hours of straight time pay for standby duty on a regularly scheduled day off or holiday.

B. In order to qualify for standby pay, a Unit employee must:

1. Be required to carry a telephone at all times;

2. Be able to report to the worksite within thirty (30) minutes; and,

3. Not consume alcoholic beverages or any other debilitating drug while on standby.

Article 14.

MOBILE DEVICE PAY

The Police Chief may assign unit members in the classifications of Crime Analyst, Dispatch Supervisor, and Executive Police Assistant to carry a mobile device for the benefit of the City. Unit members assigned to carry a mobile device shall receive one hundred dollars ($100) per month in addition to their regular base salary. All employees receiving this incentive shall be required to carry the mobile device at all times.

Article 15.

MATRON PAY
A. Female Community Service Officers, Dispatchers and Records Specialists who are assigned to the position after July 1, 2004, shall receive a 2.5% salary differenti al in recognition of the fact that they may be required to perform matron duties. This differential shall only be paid for actual hours worked when matron duties are performed.

B. Female Records Specialists assigned to the position prior to July 1, 2004, shall receive a 2.5% salary differential in recognition of the fact that they were required to perform matron duties. This differential shall continue to be paid for all hours worked until the incumbent emp loyee transfers or promotes. If an employee leaves the position and later returns, she shall be considered to be newly assigned and shall receive the salary differential only when matron duties are actually performed as described in the previous paragraph of this Article.

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10 Article 16.

TRAINING PAY
When a dispatcher is assigned a trainee during the initial training period, the assigned training dispatcher shall be eligible to receive training pay in the amount of five percent (5%) of base salary at straight time .

A dispatcher is only eligible for training pay when actively training a probationary dispatcher.

When a forensic specialist or community service officer is assigned a trainee during the initial training period, the assigned training employee shall be eligible to receive training pay in the amount of two and one half percent (2.5%) of base salary at straight time. An employee is only eligible for training pay when actively training a probationary forensic specialist or community service officer.

Article 17.

SHIFT DIFFERENTIAL
The City agrees to provide a five -percent (5%) shift differential to those Unit employees who work one- half of their regularly scheduled shifts after 7:00 p.m., not to include overtime, special assignments, emergency hours, etc. wor ked after 7:00 p.m. The shift differential shall apply to the full regularly scheduled shift.

Article 18.

UNIFORM ALLOWANCE
A. The City shall provide a clothing allowance of three hundred twenty-five dollars ($325) in the form of a check, to all non-uniformed Unit employees on payroll as of June 1 st of each year. This allowance shall be paid in July of each year.

B. Unit employees in the following classifications shall receive a uniform allowance of one thousand seven hundred dollars ($1,700) per year. Two checks of eight hundred fifty dollars ($850) each shall be issued each year, one in July and one in January for unit employees employed as of June 1 and December 1, respectively.

Animal Services Officer
Animal Services Supervisor
Community Services Officer I/II
Digital Forensic Examiner
Dispatch Supervisor
Dispatcher I/II/III
Fire Prevention Inspector
Forensic Specialist
Property & Evidence Technician

C. The Kennel Attendant shall receive a boot allowance in the amount of two hundred twenty-five dollars ($225) to be paid in July of each year.

D. Uniforms are to be presentable at all times. Cleaning and maintenance of uniforms shall be the responsibility of the employee.

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11 E. The parties recognize that their best efforts have been made to list the appropriate job classifications and uniform entitlement. In the event there is a change to job duties or an error has been made and a classification has been misidentified, that classification will be added to the above appropriate category. If new classifications are added during the term of this MOU (2023-2026), the City and the unit will meet and confer on whether the newly added classification will receive a uniform allowance or a clothing allowance.

Article 19.

DEFERRED COMPENSATION
Unit employees are eligible to participate in City Deferred Compensation Plans 457 (B) and 401 (A) as provided for in State and Federal Tax Codes. The City will contribute Eight Hundred Sixty Dollars ($860) per year to a 401(A) program for Unit employees who receive a uniform allowance. The City will contribute One Thousand Five Hundred Sixty Dollars ($1560) per year to a 401(A) program for Unit employees who do not receive a uniform allowance. For new employees and employees transferring into the unit the amount will be prorated on a monthly basis for period of service within the unit. Unit employees may individually contribute additional deferred compensation to the 457 (B) Plan in accordance with Plan provisions.

Article 20.

RIDESHARE PROGRAM
A. All Unit employees are eligible for participation in the City’s ridesharing program. Participation in the program is voluntary and shall be in full compliance of Redlands Ridesharing Program Policy.

Approved participants shall receive fifteen (15) minutes of accrued compensatory time off for each rideshare day. Ridesharing shall be reported on individual employee timesheets.

B. The program shall be monitored by the Program Coordinator. Participants in violation of the Ridesharing Policy, including falsification of reporting, shall be permanently dismissed from the program and subject to disciplinary action.

Article 21.

TUITION REIMBURSEMENT
A. Unit employees shall be reimbursed up to the dollar amount charged for the same number of units per term by the University of California, Riverside. An employee shall not receive reimbursement in excess of five thousand dollars ($ 5,000) in any one fisc al year. The difference between the City ’s maximum obligation during any fiscal year and the amount of any actual reimbursement received by the employee during that fiscal year shall not be carried over or be available to use by the employee in any subsequent fiscal year.

B. The course must be satisfactorily completed with a minimum grade of “C” or equivalent.

Article 22.

BILINGUAL PAY
Unit employees are eligible for bilingual pay in accordance with the City’s Bilingual Pay Program, and upon approval by the Department Director and City Manager. Authorized employees shall receive additional compensation in the amount of one hundred dollars ($100) per month.

Article 23.

DEATH OF EMPLOYEE
If a Unit employee dies while on duty, the City shall calculate compensation for the entire shift.

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12 A. The eligible dependents of deceased employees shall be entitled to benefits as follows:

B. Sick leave accruals, lifetime medical insurance and other applicable benefits shall be calculated and/or compensated according to the eligibility requirements stated in the current MOU.

C. In the event the deceased Unit employee qualified for a service retirement (i.e. a ge 50 and with a minimum of five (5) years of service with the City), the City shall calculate and/or compensate benefits in the same manner as an employee service retirement.

Article 24.

HEALTH INSURANCE
A. The City shall contribute directly to CalPERS on behalf of each employee three hundred and ninety - seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989. In addition, the City shall contribute an amount through the City’s cafeteria plan that is equal to the difference between the City’s minimum PEMHCA contribution and the following amount:

B. City contributions to the cafeteria plan may be used toward available cafeteria benefits, including City medical plan premiums, flexible spending account, and post-employment health plan.

C. The City agrees to provide a stipend of three hundred and fifty dollars ($350), on a monthly basis, for those Unit employees with alternative medical coverage who opt for the stipend in lieu of the medical insurance benefit.

D. RETIREE INSURANCE BENEFITS

1. For all unit members who qualify as an “annuitant” under PEMHCA, the City will contribute directly to CalPERS on behalf of each annuitant three hundred and ninety -seven dollars ($397.00) per month pursuant to Resolution No. 4572, adopted by the City Council on September 5, 1989.

2. Upon service retirement and completion of twenty (20) cumulative years of service with the City, a Unit employee hired prior to March 11, 2010, who qualifies as an annuitant under PEMHCA, may elect to receive as a City contri bution to a retiree health savings account the difference between the PEMHCA minimum and the cost of fully paid medical insurance (excludes vision coverage) for the employee and eligible dependents, under the City’s medical insurance program. Employees hired on or after March 11, 2010 are not eligible for this benefit.

3. Unit employees with ten (10) years of continuous employment with the City who concurrently retire from the City and the CalPERS system and who qualify as an annuitant

COVERAGE LEVEL TOTAL CITY CONTRIBUTION
EFFECTIVE JULY 1, 2023

EFFECTIVE
JANUARY 1, 2024

EFFECTIVE
JANUARY 1, 2025
Employee Only: $750 $775 $800
Employee Plus One Dependent: $1,500 $1,550 $1,600
Employee plus Two or more
Dependents:
$1,950 $2,025 $2,100
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13 under PEMHCA may elect to receive “Medical Bridge .” Under the “Medical Bridge,” the City will contribute to a retiree health savings account the difference between the PEMHCA minimum and the cost of single party coverage for the retired unit member only for the lowest cost medical and dental insurance plans as provided by the City to its then existing Unit members until the member reaches the age of Medicare eligibility at which time the benefit will cease and unit members will only receive the PEMHCA minimum contribution.

Unit members who receive the medical bridge can select higher cost plans offered by the City to its then existing members and/or coverage for dependents, however, the additional cost for the plan or additional dependents shall be paid for by the unit member and not by the City.

Article 25.

DENTAL INSURANCE
The City agrees to pay the full monthly premium for dental insurance under the Principal Financial dental plan or its equivalent for each Unit employee in the unit and all eligible dependents of such employee.

Article 26.

VISION CARE
The City agrees to reimburse each Unit employee up to three hundred dollars ($300) every fiscal year for the purchase of frames and lenses or contact lenses and the cost of eye examinations for the employee and/or his/her dependent.

Article 27.

LIFE INSURANCE
The City shall contribute the monthly premium for term life insurance in the amount of twenty -five thousand dollars ($25,000) for all Unit employees.

Article 28.

WORKERS’ COMPENSATION/SDI
A. The City agrees to provide City paid State Disability Insurance coverage to all Unit employees.

B. Sick leave or compensatory time may be used to supplement a Worker’s Compensation or State Disability Insurance check, not to exceed the Unit employee’s regular rate of pay. Prior to use of accrued sick leave or compensatory time for this purpose, the State Disability Insurance check stub must be submitted to Payroll.

Article 29.

VACATION
A. The vacation accrual for Unit employees shall be as follows:

YEARS/MONTHS OF SERVICE ANNUAL
ACCRUAL RATE – HOURS
0 – 5 (0-59 months) 80
6 – 7 (60-83 months) 120
8 – 10 (84-119 months) 140
11–14 (120-167 months) 160
15+ (168 months+) 200

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14 B. The maximum vacation accrual shall be three (3) years. In November of each calendar year all vacation hours in excess of three (3) years accrual will be paid off at the Unit employee’s current hourly rate.

Article 30.

SICK LEAVE
A. ACCRUAL: Sick leave shall be accrued on an hourly basis at the rate of eight (8) hours per calendar month of service.

B. USE: Unit employees may use up to half of their annual sick leave accrual, forty -eight (48) hours, to care for ill family members.

C. BUY BACK: In November of each calendar year, each Unit employee may elect to be paid at his/her current hourly rate for each sick leave day accumulated during the following calendar year in excess of six (6) sick leave days in November of the following year . A total of one (1) year’s accumulation, ninety-six (96) hours, must be on the books prior to any compensation being paid. This election is irrevocable and may not be changed once the election is made. Unit employees may also choose to accumulate all sick leave days, from calendar year to calendar year, to an unlimited amount.

D. AT SEPARATION OF SERVICE: Upon voluntary separation of service or layoff with the City, Unit employees with ten (10) or more years of continuous service will be eligible to cash in unused sick leave at the following formula:

YEARS OF SERVICE PERCENT
10 – 15 25 %
16 – 20 35 %
21+ 50 %

E. UPON SERVICE RETIREMENT: In lieu of the benefit D of this Article, and upon service retirement under the PERS retirement plan, Unit employees may elect to have all remaining sick leave accrued at the time of retirement converted to cash value at their final rate of pay, and deposited in the Post Employment Health Plan (PEHP) where it can be used for covered expenses such as applicable premiums payable under the City’s medical insurance program for the employee and the employee’s eligible dependents. In the event that the employee dies prior to exhaustion of the cash value of said benefits, the remaining cash value may be applied toward the premiums of covered dependents until exhausted, subject to the conditions and limitations of the PEHP.

F. CONVERSION TO SERVICE CREDIT: In lieu of benefits D and E cited above, Unit employees may elect to have all remaining sick leave accrued at the time of service retirement converted to PERS service credit.

Article 31.

BEREAVEMENT LEAVE
In the event of a death in the immediate family, an eligible Unit employee will be compensated with four (4) days paid leave. In addition, eligible Unit employees may be allowed to use accrued sick leave with full pay not to exceed three (3) days. Immediate family shall be defined as the following relatives to either the employee or spouse or registered domestic partner : spouse, registered domestic partner, child (including foster child or ward of the court), parent, grandparent, brother, sister, niece, nephew, step - Regular Redlands Meeting of 07-05-2023
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15 children, and grandchildren. The definition of immed iate family will also include the aunt and uncle of the employee only. Bereavement leave may also be used for the significant other of the employee provided the employee shows proof of cohabitation.

Article 32.

LEAVE OF ABSENCE WITHOUT PAY
If a Unit employee takes mo re than five (5) accumulated days of leave without pay in a calendar year, commencing at the beginning of the sixth (6th) day of leave without pay and any day of leave without pay thereafter during the calendar year; sick leave and vacation accruals will b e adjusted proportionately to eliminate benefit accruals for any day an employee is on leave without pay status.

Article 33.

MILITARY LEAVE
Military leave shall be granted in accordance with the provisions of State and Federal law. The Department Director may request copies of the Unit employee’s official military orders.

Article 34.

HOLIDAYS
A. The holidays which will be honored for Unit employees will include the following, along with any additional day as designated by action of the City Council:

HOLIDAY DAY OBSERVED
New Year’s Day January 1
Martin Luther King Day Third Monday in January
President’s Day Third Monday in February
Cesar Chavez March 31
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Columbus Day Second Monday in October
Veteran’s Day November 11
Thanksgiving Day Third Thursday in November
Friday after Thanksgiving Day Friday after Thanksgiving Day Christmas Eve December 24
Christmas Day December 25

B. If the holiday falls on Saturday, Friday shall be designated as the holiday and if the holiday falls on Sunday, Monday shall be designated as the holiday.

C. If a scheduled holiday falls on an employee’s regular day off, the Unit employee shall be compensated for one day of holiday compensation at straight time. Employees should not be scheduled to work both the designated holiday and the actual holiday.

D. Holiday pay shall be compensated in accordance with the Unit employee’s standard work schedule.

E. Unit employees are entitled to receive:

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16 1. Two (2) Floating Holidays per calendar year; and

2. Twenty (20) Hours of Additional Floating Holidays per calendar year F. Unit employees shall not be allowed to carry floating holidays over from one calendar year to the next. Holidays not taken by December 31st of any given year will be forfeited.

Article 35.

COMPENSATORY TIME OFF
A. Compensatory Time Off (CTO) shall accrue at the rate of one and one -half (1-1/2) hours for each overtime hour worked in accordance with the Fair Labor Standards Act. CTO shall not accumulate in excess of three hundred (300) hours at any given time. Use of compensatory time -off earned shall be granted so that it does not unduly disrupt the operations of the City. Terminating Unit employees shall be compensated for accrued compensatory hours.

Article 36.

EMPLOYEE ORGANIZATION RIGHTS
Time Off for Association Reps: The Association may designate up to seven (7) representatives to attend Association meetings on City time, including new emplo yee orientations, provided that no designated Unit employee shall be released for more than four (4) hours per month. The time must be scheduled in advance and the supervisor must be notified.

New Employees: The City agrees to furnish each new employee in the bargaining unit with a copy of the MOU at the commencement of his/her employment.

Orientations: In accordance with Government Code §3555 3559, the City shall provide written notice to Association Representatives when a new employee is hired or promoted into the bargaining unit and provide reasonable release time for an Association Representative to meet with the new employee for the purpose of discussing membership in the Association. This new employee orientation should take place as promptly as possible on or after the first day of employment. New employees shall be advised of the potential release of personal information, identified in Demographic Reports, below, and shall have the option to request in writing to Human Resources that the City refrain from disclosing such personal information.

Demographic Reports : In accordance with Go vernment Code §3555 3559, the City shall provide to Association Representatives the name, hire date, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of any newly hired employee within 30 days of the date of hire or by the first pay period of the month following hire, and the City shall also provide to Association Representatives with a list of that information for all employees in the bargaining unit at least every 120 days. The City shall provide the information identified herein regardless of whether the newly hired employee was previously employed by the City.

Pursuant to Gov. Code 6254.3(c), an employee may request that the City refrain from disc losing the employee’s home address, home telephone number, personal cellular telephone number, personal email address, or birth date to the Association upon written request to Human Resources.

Visits by Association Representatives : Accredited representatives of the Association will be granted reasonable access to City facilities and employees for purposes of investigation of grievances and official Regular Redlands Meeting of 07-05-2023
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17 Association business, provided Association representatives shall provide twenty-four (24) hours advance notice to the supervisor in charge of the work area that is being visited. Such visits shall not interfere with normal operation of the department. In case of an emergency, the twenty-four (24) hour advance notice will not be required, provided the Association representative provides advance notice to the supervisor in charge as soon as reasonably possible.

Contract Negotiations: The negotiating team for the Association, to be comprised of no more than five (5) employees, shall be permitted to attend negotiating sessions during work hours with pay. There shall be no compensation for meetings held outside scheduled work hours of members of the bargaining team.

Dues Deduction : The City shall deduct dues on a regular payroll basi s from the pay of all Association members. Such deductions shall be authorized in writing on a form approved and provided by the Association for this purpose. The membership forms shall be retained by the Association. The City shall rely on a certification from the Association for the authorization, modification, or cancellation of any/all dues deductions. The City shall remit such funds to the Association within thirty (30) days following their deduction.

In accordance with SB 866, Gov’t Code §1157.12, the City shall rely on a certification from the Association Representatives requesting a deduction or reduction that they have and will maintain an authorization, signed by the individual from whose salary or wages the deduction o r reduction is to be made. An Association that certifies that it has and will maintain individual employee authorizations shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. The employee organization shall indemnify the City for any claims made by the employee for deductions made in reliance on that certification.

The City shall direct employee requests to cancel or change deductions to the Association. The City shall rely on information provided by the Association regarding whether deductions for Association membership were properly canceled or changed, and the Association shall indemnify the City for any claims made by the employee for ded uctions made in reliance on that information. Deductions may berevoked only pursuant to the terms of the employee’s written authorization, Association Bylaws, and this MOU.

In accordance with SB 866, Gov’t Code §3550 -3553, the City shall not deter or discourage employees or applicants from becoming or remaining members of the Association, or from authorizing representation by the Association, or from authorizing dues or fee deductions to the Association.

Article 37.

MEAL PERIODS
Unit e mployees shall be entitled to a meal period which shall not be less than thirty (30) minutes o r greater than sixty (60) minutes. Every effort will be made to schedule the meal period during the middle of a shift, when possible.

Article 38.

REST PERIODS
A. The City agrees to the following: Unit employees shall be entitled to two (2) daily rest periods ten (10) to fifteen (15) minutes in duration which insofar as practical shall be in the middle of each work period.

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18 The rest periods shall be considered as time worked. Employees required to work b eyond their regular tour of duty shall be granted a ten (10) minute rest period for each two (2) hours of work.

B. The Association understands and agrees to the following. With regard to break periods, the following scenarios should not occur:

1. Combining two daily breaks into one 20-30 minute break.

2. “Banking” breaks from day to day.

3. “Saving” break time in order to extend lunch periods or shorten the workday.

4. Payment of compensatory time off or overtime for “unused” breaks.

Article 39.

CATASTROPHIC LEAVE
Unit employees are eligible for catastrophic leave in accordance with the City’s Catastrophic Leave Policy.

Article 40.

LEAVE TIME REPORTING
Leave time may be used and reported in increments of fifteen (15) minutes.

Article 41.

DRIVER’S LICENSE PHYSICAL EXAMS
The City will pay for the required physical examination for Unit employees required by their job classification to maintain Class A or Class B driver’s licenses. Time spent participating in the required physical examination will be considered as time worked.

Article 42.

EMPLOYMENT EXAMINATION PROCEDURES
The examination procedure for all City jobs will be as established by the City and Association.

Article 43.

PROBATION
A. Unit employees newly hired shall serve a probationary period of twelve (12) months.

B. Unit employees who are promoted shall serve a probationary period of six (6) months.

C. Probationary periods may be extended as set forth in the City’s Personnel Rules and Regulations.

Article 44.

WORKWEEK /WORK SCHEDULE
The work schedule represents the time that an employee is regularly scheduled to work. The Department Director shall establish the actual number of hours which comprise the standard tour of duty for each position. Any proposed change shall be communicated to the Unit employees and the Association at least two (2) weeks prior to the proposed change being implemented , unless mutually agreed upon between the employee and supervisor or in the case of exigent circumstances. If requested by the Association, the City shall expeditiously meet and confer regarding such change.

Article 45.

PROMOTIONAL POSITIONS
A. The City may seek only promotional candidates to fill available positions. In this case, distribution of job announcements shall be limited to internal sources. Promotional candidates shall follow the procedures identified in the City’s Personnel Rules a nd Regulations. Unit e mployees appointed to Regular Redlands Meeting of 07-05-2023
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19 promotional positions shall complete a probationary period in accordance with the City’s Personnel Rules and Regulations.

B. Unit employees appointed to a promotional position shall receive the nearest highest monthly salary which is at least five percent (5%) higher than the employee’s previous base salary, but in no case more than the top step of the new salary range.

Article 46.

NO STRIKE PROVISION
It is understood and agreed that the service performed by Unit employees are essential to the public’s health, safety, and welfare. Therefore, the Association agrees that it will not authorize, instigate, aid, condone, or engage in any strike, work stoppage, or other action of the City. In the event of a violation of this secti on, the Association agrees to take affirmative steps with the Unit employees concerned to bring about an immediate resumption of normal work. Should there be a violation of this section, there shall be no discussion or negotiations regarding the differenc e or dispute during the existence of such violation or before normal work has been resumed. The City reserves the right to terminate any Unit employee who instigates or engages in any strike or work stoppage which interrupts or interferes with the operation of the City.

Article 47.

DIRECT DEPOSIT
Direct deposit of employee paychecks will be available to Unit employees.

Article 48.

PERSONNEL FILE
A. No material which can reasonably be construed, interpreted, or acknowledged to be derogatory shall be placed in a Unit employee’s personnel file unless the employee has been allowed to read such material and respond to it, in writing, which response will also be placed in the personnel file.

B. Any Unit employee, upon request, shall have access to his/her personnel file, and shall have the right of reproduction, at cost, of his/her personnel file in full or in part. No portion of an employee’s personnel file shall be transmitted to anyone other than the City Manager, Human Resources Director, Department Director, Risk Management Administrators, or by Court subpoena. The employee is to be notified at the time of the request that the information has been transmitted and to whom it was sent.

Article 49.

COPY OF MOU TO EACH EMPLOYEE
The City will p ost on the City website and make an electronic copy of the MOU available to each Unit employee within sixty (60) days of execution.

Article 50.

RULES, REGULATIONS AND RESOLUTIONS
The City agrees to review annually with the Association major changes in the Personnel Rules and Regulations and to make available copies of the rules and regulations to all employees. Salary resolutions shall be furnished to the Association and all Unit representatives.

Article 51.

DISCIPLINARY PROCEDURE
A. THE INVESTIGATORY INTERVIEW PROCESS
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20 Prior to any investigatory interview or consultation between a Unit employee and the Department Director or City Manager, that could reasonably be construed to result in disciplinary action against the employee, the employee shall be given notice of the interview or consultation as soon as reasonably practical, and shall be advised of his or her right to representation under this section; and upon request shall be afforded an opportunity to contact and consult privately with a representative of the Association. If requested, the employee may have an Association representative present during any such invest igatory interview or consultation, and, to the extent practicable, such interviews or consultations shall be conducted during an employee’s working hours. Only those persons reasonably necessary to the conduct of the interview shall be present.

The Unit employee or the City may elect to record any such investigatory interview or consultation, unless the City and the employee and the Association mutually agree not to record such interview or consultation; however, in the event the City elects to record such an interview or consultation, it shall upon request provide the employee with a copy of said recording. The cost of providing a copy of the recording to the employee shall be borne by the employee.

B. DISCIPLINARY PROCEDURES
No non-probationary Unit employee shall be disciplined without cause . A promotional probationary employee who is subject to discipline as defined by City rules and regulations, shall retain the right to challenge the action in the same manner as a non -promotional employee who has successfully completed the probationary testing period. Rejection from a probationary promotional position is not "disciplinary action" as described herein, and is not subject to appeal or any other challenge.

Disciplinary action shall be defined to include: oral warnings, written reprimands, suspensions, demotions (non-probationary), reduction in pay and discharge. Oral and written reprimands may be initiated at the supervisor/Division Manager level. Disciplinary action more se rious than a written reprimand must be initiated at the Department Head level.

1. Notice of Proposed Action
Whenever a Unit employee is to be discharged, suspended (for more than five (5) working days) demoted (non-probationary), or reduced in step, for disciplinary purposes, written notice of at least five (5)1 days of the proposed disciplinary action shall be given before such action is to be taken and must include:

a. Notice of proposed action;
b. Reasons for proposed action;
c. A copy of charges stating specific incidents or specific courses of conduct, e.g. as evidenced by work performance evaluations, and a copy of the written materials upon which the decision to take proposed disciplinary action is based; and
d. A notice to the employee of the rig ht to respond in writing or orally within the five (5) day period.

In the case of a suspension of five (5) working days or less, the foregoing procedures shall be afforded the employee either before or during the suspension, or within a reasonable time thereafter.

1 Unless specifically noted to be "working days," any reference to days is calendar days.

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21 2. Limitations and Exceptions
a. Oral notice is insufficient as full notice to a Unit employee and may be given only as the initial notice in extraordinary circumstances which call for immediate action. b. Prior written notice is required in each case, unless provided otherwise herein, regardless of seriousness unless extraordinary circumstances are involved. c. Unit e mployees may be suspended without prior written notice in extraordinary circumstances when it is essential to avert harm to the public, other employees, or to avert serious disruption of governmental business. The appointing authority may schedule an employee for vacation or holiday leave as the circumstances may warrant. Extraordinary circumstances include but are not limited to situat ions involving misappropriation of public funds or property; working while under the influence of alcohol or intoxicating drugs; open insubordination; commission of a crime involving moral turpitude punishable by imprisonment for six (6) months or more; an d disruption of City business through willful misconduct (altercations, etc.)
d. Oral notice is insufficient as full notice for proposed disciplinary action. In extraordinary circumstances when immediate suspension, demotion, removal, or reduction in step is warranted, initial notice may be given orally. The Unit employee should be told when the initial action is taken what the reasons for the actions are and, in addition, the employee will have an opportunity to respond in writing and/or orally to those charges. The written charges in the case of an immediate disciplinary action must be prepared as soon as possible and normally within a day or two (2) of the initial oral notice.

3. A Unit employee's Response to Proposed Discipline
a. An employee receiving a Noti ce of Proposed action shall have the right to respond to the Department Director. An employee’s opportunity to respond to the Department Director is not intended to be an adversarial hearing. An employee has the right to have a representative of his/her own choosing at the meeting. The employee shall not be accorded the opportunity to cross-examine a department’s witnesses, nor to present a formal case in opposition to the proposed discipline. However, the limited nature of this response does not obviat e the Department Director’s responsibility to initiate further investigation if the employee’s version of the facts raises doubts as to the accuracy of the Department Director’s information leading to the discipline proposal. An employee may elect not to respond, thereby waiving any further pre-disciplinary response.
b. The Department Director will evaluate the proposed discipline in light of the Unit employee’s response, if any. Within ten (10) days of the employee’s response, or deadline for response, a decision will be transmitted in writing to the employee. Service of the decision will be in person or by mail.

4. City Manager Level Appeal

1. Any permanent Unit employee shall have the right to appeal any termination, suspension, reduction in salary, or non-probationary demotion. The appeal process shall not be applicable to those positions which may be deemed exempt or to probationary employees. The appeal Regular Redlands Meeting of 07-05-2023
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22 process shall not be applicable to verbal and written reprimands, probationary demotions, performance evaluations and denial of performance increases. An employee desiring to appeal the Department Director’s decision shall have ten (10) days after receipt of the response to file an appeal. The employee’s request for appeal must be addressed t o the City Manager and received in the City Manager’s office so that same is date stamped by the City Manager’s office within the ten (10) day period.

2. If, within the 10 -day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the Department Director shall be considered conclusive and shall take effect as prescribed. If within the ten ( 10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the City Manager, an appeal meeting shall be scheduled.

3. The meeting with the City Manager shall be conducted in the same manner as the Response to Proposed Discipline set forth in paragraph 3(a) above.

4. The City Manager will evaluate the discipline in light of the employee’s response, if any. Within ten (10) days of the employee’s response a decision will be transmitted in writing to the employee. Service of the decision will be in person or by mail.

5. Advisory Arbitration
a. A Unit employee desiring to appeal the City Manager's decision shall have ten (10) days after receipt of the response to file an appeal. The employee's request for appeal must be addressed to the City Manager and received in the City Manager's office so that same is date stamped by the City Manager’s office within the ten (10) day period. b. If, within the 10 -day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the action of the City Manager shall be considered conclusive and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the City Manager, an appeal hearing shall be established as follows:
i. The California State Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City and the employ ee.

Within ten (10) days following receipt of the list of hearing officers, the parties shall confer to select the hearing officer. The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the hearing officer. ii. Where practicable, the date for a hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal wit h the City Manager. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing. iii. All hearings shall be private provided, however, that the hearing officer shall, at the request of the employee, open the hearing to the public. iv. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than seven (7) days, prior to the commencement of such Regular Redlands Meeting of 07-05-2023
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23 hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.
v. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustome d to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementi ng or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence. vi. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; to cross -examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the employee does not testify in his/her own behalf, he/she may be called and examined as if under cross- examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary. vii. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:

1. The party imposing discipline shall be permitted to make an opening statement;

2. The appealing party shall then be permitted to make an opening statement;

3. The party imposing disciplinary action shall produce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence;

4. The party appealing from such disciplinary action may then open his/her defense and offer his/her evidence in support thereof; the employee bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;

5. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing offi cer for good reason, permits them to offer evidence upon their original case;

6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.
i. The hearing officer shall determine relevancy, weight, and cre dibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and Regular Redlands Meeting of 07-05-2023
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24 proper decision. The hearing officer shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions. i. The hearing officer may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee. He/she may not recommend discipline more stringent than that issued by the City Manager.
ii. The hearing officer’s opinion and recommendation shall be filed with the City Council, with a copy sent to the charged employee, and shall set forth his/her findings and recommendations. If it is a dismissal hearing and a dismissal is not the hearing officer’s recommendation, the opinion s hall set forth the date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action. iii. Within sixty (60) days of the receipt of the hearing officer’s findings, recommendation, and transcript, the City Council shall adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions of the hearing officer. Prior to making a decision which modifies or rejects the recommendation of the hearing officer, the City Council shall order and read the transcript of the hearing. Prior to making a decision which supports the hearing officer, the City Council may order and read the transcript, at its option. The City Council shall not conduct a de novo hearing. The City Council may, at its option, allow limited oral arguments and/or may request and review written statements from either side. The decision of the City Council shall be final and conclusive. Copies of the City Council’s decision, including the hearing officer’s recommendation(s), shall be filed where appropriate, including the employee’s personnel file, unless no discipline is upheld by the City Council.
iv. Each party shall equally bear the cost and fees of the hearing officer, the cost of facilities, the court reporter and transcripts. Each party shall bear its own witness and attorney fees.

If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing office r or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in a hearing officer fee.
v. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Council, the time of such suspension, demotion or dismissal shall be effective from the first day after such delivery of said decision or shall relate back to and be effectiv e as of the date the employee was disciplined pending hearing before and decision by the City Council, whichever is applicable. If discipline imposed resulted in loss of pay, and the decision results in reduction or elimination of loss of pay, the pay loss shall be restored to the employee based on the number of standard work hours lost computed at his/her then base hourly rate.

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25 vi. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section.

Article 52.

GRIEVANCE PROCEDURE
A. Definition
A “grievance” is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding, provisions of the Personnel Rules and Regulations, and/or written City Policy. Other matters for which a special method of review is provided by law, ordinance, resolution, or by administrative regulations and procedur es of the City, are not within the scope of this procedure. This procedure is not to be used in lieu of the Disciplinary Appeal Procedure.

B. Procedure

1. Every effort shall be made to resolve a grievance through discussion between the Unit employee and his/her immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quickly and fairly without subsequent discrimination against employees who may seek to adjust a grievance. Every ef fort should be made to find an acceptable solution at the lowest level of supervision. Within fifteen (15) days 2 after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant’s immediate supervisor. A supervisor shall render a verbal decision within seven (7) days of the conclusion of the informal conference.

2. If the problem cannot be resolved between the employee and the supervisor, the employee may, within seven (7) days from the date of receiving the answer from his/her supervisor, file a written grievance and request a meeting with the Division Manager, if one exists, in order to discuss the grievance. The written grievance shall contain the following information:
a. Name of grievant and job title;
b. Department/Section;
c. Clear and concise statement of the nature of the grievance including the circumstances and dates involved;
d. The specific provision(s) of the MOU, City Policy or Personnel rules alleged to have been violated;
e. Requested remedy;
f. Name of the grievant’s Labor Representative, if any; and g. Date and signature of the grievant or Labor Representative.

3. The Division Manager shall render a decision and comments in writing and return them to the grievant within ten (10) days after receiving the written grievance.

4. If the Division Manager and employee cannot reach a solution to the grievance (or if a Division Manager does not exist), the employee may, within seven (7) days from the date of receiving the answer from the Division Manager, request, in writing, a meeting with the Department Director.

2 Days refer to calendar days.

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26 5. The Department Director shall render his/her decision in writing within fifteen (15) days of receiving the appeal. If the Department Director and employee are unable to arrive at a satisfactory solution, the employee may, within ten (10) days from the date of the decision by the Department Director, submit a written appeal to the Human Resources Director.

6. The City Manager shall review the grievance and respond to the employee within twenty (20) days of receiving the appeal. The response shall be in writing.

7. An employee desiring to appeal the City Manager's decision shall have ten (10) days after receipt of the response to file an appeal. The employee’s request for appeal must be addressed to the Human Resources Director an d received in the Human Resources office so that same is date stamped by the Human Resources office within the ten (10) day period.

8. If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the grievance shall be considered conclusive as set forth in the City Manager's decision and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Human Resources Director, an appeal hearing shall be established as follows:
a. The California State Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City and the employee. Within ten (10) days following receipt of the list of hearing officers, the parties shall confer to select the hearing officer. The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the hearing officer.
b. Where practicable, the date for a hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the Human Resources Director. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing. c. All hearings shall be priv ate provided, however, that the hearing officer shall, at the request of the grievant, open the hearing to the public.
d. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than seven (7) days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.
e. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over object ion in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer Regular Redlands Meeting of 07-05-2023
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27 shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence.
f. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introdu ce evidence; to cross -examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evid ence against him/her. If the grievant does not testify in his/her own behalf, he/she may be called and examined as if under cross - examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the heari ng, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary. g. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:
i. The grievant shall be permitted to make an opening statement; ii. The City shall then be permitted to make an opening statement; iii. The grievant shall produce the evidence on his/her part; the grievant bears the burden of proof and burden of producing evidence;
iv. The City may then open its defense and offer its evidence in support thereof; the City bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;
v. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case; vi. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.
h. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, pri or to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. The opinion shall set forth findings of fact and conclusions.
i. The hearing officer may recommend sustaining or rejecting any or all of the grievance. j. The hearing officer’s opinion and recommen dation shall be filed with the Human Resources Director, with a copy sent to the grievant, and shall set forth his/her findings and recommendations.
k. Within sixty (60) days of the receipt of the hearing officer’s findings recommendation, and transcript, the City Council shall adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions of the hearing officer. Prior to making a decision which modifies Regular Redlands Meeting of 07-05-2023
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28 or rejects the recommendation of the hearing officer, the City Council shall order and read the transcript of the hearing. Prior to making a decision which supports the hearing officer, the City Council may order and read the transcript, at its option. The City Council shall not conduct a de novo hearing. The City Council may, at it s option, allow limited oral arguments and/or may request and review written statements from either side. The decision of the City Council shall be final and conclusive. Copies of the City Council’s decision, including the hearing officer’s recommendatio n(s) shall be filed where appropriate, including the grievant's personnel file.
l. Each party shall bear equally the cost of facilities, fees and expenses of the hearing officer, including the court reporter and transcripts. Each party shall bear its own wit ness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in an arbitration fee. m. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section.

9. If the time limits for employees’ appeals at any step should elapse, the grievance shall be considered withdrawn. Time limits may be extended by mutual consent. If the City fails to respond within the prescribed time limits, the grievance will be deemed to have been denied and the employee may go to the next step. If the City Manager fails to respond within the prescribed time limit, the grievance will be deemed to have been denied.

10. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her grievance at any level of review. In the event the employee desires the presence of a representative who is an employee of the City, he/she shall make such request through the supervisor and the supervisor sha ll make the necessary arrangements for the employee representative to be present.

11. The employee and/or his/her representative may use a reasonable amount of work time as determined by the appropriate supervisor or Department Director in presenting the griev ance.

However, no employee shall absent himself/herself without first being excused by his/her supervisor.

12. No employee shall be required to be represented by an employee organization in processing a grievance.

13. Employees shall be assured freedom from reprisal for using the grievance procedures by both the City and the employee organization.

14. The settlement terms of a grievance which is processed by an employee individually or by a recognized employee organization shall not conflict with the express provisio ns of a Memorandum of Understanding between the City and the formally recognized employee organization for such unit.

15. A group grievance may be filed when one (1) set of circumstances or occurrences affects more than one (1) employee in the same manner or t o the same extent. The group may file one (1) document which all members of the group have read and signed. Members of the group shall be Regular Redlands Meeting of 07-05-2023
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29 limited to those who have signed the grievance. The resolution of a group grievance may not be consistent among all employees in the group grievance due to differences in the circumstances or occurrences that brought about the grievance.

16. A group grievance affecting all members of an employee organization may be brought by the employee organization itself. In such case the procedure shall be commenced directly at the City Manager level within fifteen (15) days after authorized representatives of the employee organization knew, or by reasonable diligence should have known, of the condition giving rise to the grievance an d shall be subject to all applicable time limitations and the provisions set forth above.

Article 53.

DEMOTION/NON-DISCIPLINARY
Regular Unit employees who are demoted due to layoff or other non-disciplinary reasons will be required to serve a new probationary period in the lower classification, provided they have not held regular status in the lower classification previously. While serving this new probationary period, the employee will retain due process rights and cannot be disciplined or terminated from City service without due process.

Article 54.

LAYOFF PROCEDURE
A. Should the City Manager determine reductions in force to be necessary due to lack of work or for financial reasons , he/she may initiate Layoffs. Classifications to be affected and the number of employees included will be determined by the City.

B. In determining the order of Layoffs, a combination of factors shall be considered, including but not limited to: qualifications, productivity, general performance, seniority with the City of Redlands, seniority in job classification, and needs of the City. Variations from the order of Layoffs and recall from Layoff may occur when the City deems such variations appropriate under the circumstances.

C. The factors the City, in its discretion, may use to determine include but are not limited to the following:

1. An employee's last four performance evaluations, if any;

2. Any history of employee commendations, awards, etc.;

3. Any history of employee disciplinary action;

4. Attendance record, including tardiness and unexcused absences;

5. Safety record, including personal injury and damage to city property;

6. Probationary and temporary employees shall be laid off before a regular employee in the same classification;

7. Between two regular appointees in the same classification with the same skills, abilities, qualifications, merit and/or record, the employee with lesser seniority in the classification may be laid off first;

8. Between two regular appointees in the same classification the employee with lesser skills, abilities, qualifications, merit and\or record than may be laid off first, without regard to seniority;

9. Memoranda of Understanding ("MOU") between the City and affected bargaining units.

D. BUMPING

1. “Bumping” means the displacement of an employee from his/her position by an employee in a higher classification who formerly held the same position.

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30 2. Where two or more employees are laid off from the same position, the employee with the greatest seniority in that classification shall have the first opportunity to bump as set forth below.

3. A laid-off employee shall be entitled to bump an employee in the same position previously held by the laid off employee . Alternatively, an employee may "bump" into a position in a different department which he/she held within the prior five (5) years. The laid off employee must be able to perform the essential job functions of the f ormer position and possess the minimum qualifications of the position as specified by the job classification specification. A laid-off employee shall not bump an employee with greater skills, abilities, qualifications, merit and/or record. Laid off employ ees may also be placed in a vacant lower classification for which they meet the minimum qualifications. Employees must utilize the option that places them in the highest available position.

4. The City will notify laid -off employees of any positions availabl e for bumping. Following such notification, the employee must notify the Human Resources Director in writing of his/her intent to exercise the bumping rights within seven (7) calendar days, and the position and classification in to which he/she intends to bump. Failure to provide such notification will be deemed a waiver of bumping rights by the employee.

5. Where there is more than one employee in a position available for bumping, the factors in paragraph C of this Section will be used to determine which employee, if any, will be bumped.

6. The process will be repeated at the next classification level where an employee bumps in and creates an overage in that classification.

7. Any displaced employee shall be considered as laid -off for the same reason as the person who displaced them and shall in the same manner be eligible to displace another employee based on the criteria specified in paragraph C of this Section.

E. REINSTATEMENT FROM LAYOFF

1. The names of probationary and regular Unit employees who have been laid off shall be placed on appropriate reemployment lists. Such names shall remain thereon for a period of two years unless such persons are sooner reemployed.

2. When a reemployment list is to be used to fill vacancies, the Human Resources Director shall certify from such lists the number of names equal to the number of vacancies. An employee who is reemployed shall receive credit for former service for purposes of seniority, benefit compensation, and salary advancement.

3. Employees who, following layoff from a position or layoff from City employment may be reinstated upon the recommendation of the Department Director and with the approval of the Human Resources Director, to the position from which they were laid off based on their qualifications, availability, and the needs of the organization pursuant to this paragraph.

Article 55.

UNIT MODIFICATION
A. It is understood that this MOU shall constitute a bar to any petition or request for decertification of the Association as the formally recogniz ed employee organization in the Civilian Safety unit of representation at any time prior to the expiration date of this MOU Regular Redlands Meeting of 07-05-2023
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31 B. In addition, no petitions for unit modification of the Civilian Safety unit will be accepted by the City without the express agreement of the Association.

C. The provisions of this Article shall not be applicable where precluded by law. The Association, its successors and assigns, shall indemnify, defend and hold harmless, the City, including its agents and employees, against any claims, suit or actions made or brought against the City, including its agents and employees, for any expenses, losses or damages incurred by the City, including its agents and employees, on account of the provisions of this Article.

Article 56.

COMMUNICATIONS
A. The City and the Association shall work together in the interest of maintaining, and improving efficiency in all municipal operations and conservation of materials, supplies, and equipment, and for the improvement in quality of workmanship and service to the public.

B. The City and the Association consider themselves mutually responsible to improve communications between management and Unit employees and will use their best endeavors in establishing and maintaining effective communication channels.

Article 57.

USE OF BULLETIN BOARDS
The City agrees that the Association may utilize bulletin board space in designated areas upon mutual agreement with the City. The Association will provide bulletin boards. The City agrees to allow the use of inter-departmental mail for distribution of Association materials to Association representatives only.

Article 58.

PREVAILING BENEFITS
All benefits, privileges, and working conditions enjoyed by the Unit employees at the present time, which are not included in this MOU, shall remain in full force, unchanged and unaffected in any manner, during the term of this MOU unless changed by mutual consent.

Article 59.

EXTENSION OF MOU
If a successor MOU is not negotiated by June 30, 2026, this MOU shall remain in force until a successor MOU is negotiated or the impasse process for a successor MOU has been concluded.

Article 60.

SAVINGS CLAUSE
If any provision of this MOU, or the application of any provisio n, should be rendered invalid by court or legislative action, the remaining portions of this Agreement shall remain in full force and effect.

Article 61.

ZIPPER CLAUSE

The parties agree that all negotiable items have been discussed during negotiations leading to this MOU, including salaries and benefits, and conditions of employment and therefore further agree that negotiations will not be reopened on any item during the term of this MOU except by mutual agreement or as provided elsewhere in this MOU.

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32 Article 62.

SIGNATURES

CITY OF REDLANDS

REDLANDS CIVILIAN SAFETY EMPLOYEES ASSOCIATION

EDDIE TEJEDA , MAYOR

AMY VARELA, PRESIDENT
DATE

ADOPTED, SIGNED AND APPROVED

THIS_____DAY OF_________, 2023

ATTEST:

VICE PRESIDENT
DATE

JEANNE DONALDSON, CITY CLERK

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RE035\044\10246050.v2

MEMORANDUM OF UNDERSTANDING

BETWEEN THE

C
ITY OF
R

EDLANDS

AND THE

EDLANDS

CIVILIAN

SAFETY EMPLOYEE ASSOCIATION

JULY 1, 2023 - JUNE 30, 2026

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2 Between

The City of Redlands
And The
Redlands Civilian Safety
Employee Association
July 1, 2023– June 30, 2026

City of Redlands | RCSEA - MOU 2023-2026

3 Article 21. Tuition Reimbursement ___________________________________________________________________ 11 Article 22. Bilingual Pay _______________________________________________________________________________ 11 Article 23. Death of Employee ________________________________________________________________________ 11 Article 24. Health Insurance __________________________________________________________________________ 12 Article 25. Dental Insurance __________________________________________________________________________ 13 Article 26. Vision Care _________________________________________________________________________________ 13 Article 27. Life Insurance ______________________________________________________________________________ 13 Article 28. Workers’ Compensation/SDI _____________________________________________________________ 13 Article 29. Vacation ____________________________________________________________________________________ 13 Article 30. Sick Leave __________________________________________________________________________________ 14 Article 31. Bereavement Leave _______________________________________________________________________ 14 Article 32. Leave of Absence Without Pay ___________________________________________________________ 15 Article 33. Military Leave ______________________________________________________________________________ 15 Article 34. Holidays ____________________________________________________________________________________ 15 Article 35. Compensatory Time Off ___________________________________________________________________ 16 Article 36. Employee Organization Rights ___________________________________________________________ 16 Article 37. Meal Periods _______________________________________________________________________________ 17 Article 38. Rest Periods ________________________________________________________________________________ 17 Article 39. Catastrophic Leave ________________________________________________________________________ 18 Article 40. Leave Time Reporting _____________________________________________________________________ 18 Article 41. Driver’s License Physical Exams _________________________________________________________ 18 Article 42. Employment Examination Procedures __________________________________________________ 18 Article 43. Probation ___________________________________________________________________________________ 18 Article 44. Workweek /Work Schedule ______________________________________________________________ 18 Article 45. Promotional Positions ____________________________________________________________________ 18 Article 46. No Strike Provision ________________________________________________________________________ 19 Article 47. Direct Deposit ______________________________________________________________________________ 19 Article 48. Personnel File ______________________________________________________________________________ 19 Article 49. Copy of MOU to Each Employee __________________________________________________________ 19 Article 50. Rules, Regulations and Resolutions ______________________________________________________ 19 Article 51. Disciplinary Procedure ____________________________________________________________________ 19 Article 52. Grievance Procedure ______________________________________________________________________ 25 Regular Redlands Meeting of 07-05-2023
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4 Article 53. Demotion/Non-Disciplinary ______________________________________________________________ 29 Article 54. Layoff Procedure __________________________________________________________________________ 29 Article 55. Unit Modification __________________________________________________________________________ 30 Article 56. Communications ___________________________________________________________________________ 31 Article 57. Use of Bulletin Boards _____________________________________________________________________ 31 Article 58. Prevailing Benefits ________________________________________________________________________ 31 Article 59. Extension of MOU__________________________________________________________________________ 31 Article 60. Savings Clause _____________________________________________________________________________ 31 Article 61. Zipper clause _______________________________________________________________________________ 31 Article 62. Signatures __________________________________________________________________________________ 32

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5 Article 1.

PREAMBLE
It is the intent and purpose of this Memorandum of Understanding ( hereinafter “MOU”) to set forth the understanding of the City of Redlands (hereinafter “City”) and the Redlands Civilian Safety Employees Association ( hereinafter “Association” or the “Unit”) reached as a result of meeting and conferring in good faith regarding, but not limited to, matters relating to the wages, hours, and terms and conditions of employment between the City and the Association.

Article 2.

Article 3.

Article 4.

City of Redlands | RCSEA - MOU 2023-2026

6 • Maintain the efficiency of work;
• Maintain the efficiency of governmental operations;
• Determine the methods, means and personnel by which government operations are to be conducted;
• Determine the content of job classifications;
• Take all necessary actions to carry out its mission in emergencies; Exercise complete control and discretion over its organization and the technology of performing its work, provided, however, that the exercise and retention of such rights does not preclude employees or their representatives from meeting and conferring ove r effects on matters within the scope of representation.

Article 5.

SALARIES

A. All Unit employees are responsible for the employee contribution to Social Security and Medicare.

B. Effective the first full pay period following July 1, 20 23, all Unit employees will receive a seven percent (7%) increase to base salary.

C. Effective the first full pay period following July 1, 20 24, all Unit employees will receive a two percent (2%) increase to base salary over the prior year.

D. Effective the first full pay period following July 1, 202 5, all Unit employees will receive a two percent (2%) increase to base salary over the prior year.

Article 6.

RETIREMENT
A. Classic Members

1. All “classic” Unit members shall personally fund 100% of the 7% of compensation earnable as and for the individual member’s normal employee PERS con tribution. (The term “classic” member is defined in the Public Employee’s Pension Reform Act of 2013-“PEPRA.”) All “classic” member normal contributions required to be paid by the member, whether paid by the employer or the member, shall be credited to the member’s CalPERS account.

2. The City shall continue to include in this contract with CalPERS, the following provisions:

HIGHEST SINGLE YEAR

SURVIVOR CONTINUANCE
2% @ 55 RETIREMENT FORMULA
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7 B. New Members

2. Unit employees who are “new members” as defined in PEPRA , shall individually pay an initial Member CALPERS contribution rate of 50% of the normal cost rate (as defined and calculated by CalPERS) for the Defined Benefit Plan in which said newly hired member is enrolled, rounded to the nearest quarter of 1%, or the current contribution rate of similarly situated employees, whichever is greater. (PEPRA – Government Code section 7522.30)

Article 7.

EDUCATION INCENTIVE PAY
Employees will qualify for a three percent (3%) increase in base salary upon submitting satisfactory proof of a Master or Doctoral degree (i.e., official transcripts) where such degree is not required as part of the employee’s minimum job qualifications. If a Master’s degree is required as part of the employee’s minimum job qualifications, the employee will only be eligible for education incentive pay upon submitting satisfactory proof of a Doctoral degree.

Article 8.

C. In the event that an employee is not at Step 4 when he/she is eligible for Step 5, at the completion of fifteen ( 15) years of service, the employee will advance to the next step in the salary range and continue to advance based on merit until the employee reaches Step 5.

D. In the event that an employee is not at Step 5 when he/she is eligible for the Step 6, at the completion of twenty (20) years of service, the employee will advance to the next step in the salary range and continue to advance based on merit until the employee reaches Step 6.

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8 Article 9.

B. Paid leave time, which encompasses floating holiday, vacation, sick, and compensatory time, shall not be considered hours worked for the computation of overtime. Paid holiday time and ju ry duty shall be considered hours worked for the computation of overtime.

Article 10.

WORKING OUT OF CLASSIFICATION PAY
A. Whenever the needs of the City require a Unit employee to temporarily perform the duties of a higher classification than that in which the employee is currently employed, said employee shall be entitled to receive out of classification pay for the period o f time that the Unit employee works out of classification. Employees approved to work out of class shall be placed at Step 0 of the classification in which they are working. If Step 0 does not provide a 5% increase, the employee will be placed at the step on the range that provides a 5% increase. Placement will not exceed Step 4 of the range.

B. In order to receive out of classification pay the following provisions must occur:

1. A vacancy or absence must exist for out of classification pay to be paid.

2. The employee receiving out of classification pay must perform essentially all of the functions of the higher classification in order to receive compensation.

3. The employee shall meet the minimum qualifications for the higher classification in order to be eligible for out of classification pay.

Article 11.

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9 Article 12.

Article 13.

B. In order to qualify for standby pay, a Unit employee must:

1. Be required to carry a telephone at all times;

2. Be able to report to the worksite within thirty (30) minutes; and,

3. Not consume alcoholic beverages or any other debilitating drug while on standby.

Article 14.

MOBILE DEVICE PAY

Article 15.

MATRON PAY
A. Female Community Service Officers, Dispatchers and Records Specialists who are assigned to the position after July 1, 2004, shall receive a 2.5% salary differential in recognition of the fact that they may be required to perform matron duties. This differential shall only be paid for actual hours worked when matron duties are performed.

B. Female Records Specialists assigned to the position prior to July 1, 2004, shall receive a 2.5% salary differential in recognition of the fact that they were required to perform matron duties. This differential shall continue to be paid for all hours worked until the incumbent employee transfers or promotes. If an employee leaves the position and later returns, she shall be considered to be newly assigned and shall receive the salary differential only when matron duties are actually performed as described in the previous paragraph of this Article.

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10 Article 16.

A dispatcher is only eligible for training pay when actively training a probationary dispatcher.

Article 17.

SHIFT DIFFERENTIAL
The City agrees to provide a five percent (5%) shift differential to those Unit employees who work one- half of their regularly scheduled shifts after 7:00 p.m., not to include overtime, special assignments, emergency hours, etc. worked after 7:00 p.m. The shift differential shall apply to the full regularly scheduled shift.

Article 18.

UNIFORM ALLOWANCE
A. The City shall provide a clothing allowance of three hundred twenty-five dollars ($325) in the form of a check, to all non -uniformed Unit employees on payroll as of June 1 st of each year. This allowance shall be paid in July of each year.

C. The Kennel Attendant shall receive a boot allowance in the amount of two hundred twenty-five dollars ($225) to be paid in July of each year.

D. Uniforms are to be presentable at all times. Cleaning and maintenance of uniforms shall be the responsibility of the employee.

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Article 19.

Article 20.

Approved participants shall receive fifteen (15) minutes of accrued compensatory time off for each rideshare day. Ridesharing shall be reported on individual employee timesheets.

Article 21.

B. The course must be satisfactorily completed with a minimum grade of “C” or equivalent.

Article 22.

Article 23.

DEATH OF EMPLOYEE
If a Unit employee dies while on duty, the City shall calculate compensation for the entire shift.

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12 A. The eligible dependents of deceased employees shall be entitled to benefits as follows:

B. Sick leave accruals, lifetime medical insurance and other applicable benefits shall be calculated and/or compensated according to the eligibility requirements stated in the current MOU.

C. In the event the deceased Unit employee qualified for a service retirement (i.e. age 50 and with a minimum of five (5) years of service with the City), the City shall calculate and/or compensate benefits in the same manner as an employee service retirement.

Article 24.

B. City contributions to the cafeteria plan may be used toward available cafeteria benefits, including City medical plan premiums, flexible spending account, and post-employment health plan.

D. RETIREE INSURANCE BENEFITS

3. Unit employees with ten (10) years of continuous employment with the City who concurrently retire from the City and the CalPERS system and who qualify as an annuitant

COVERAGE LEVEL TOTAL CITY CONTRIBUTION
EFFECTIVE JULY 1, 2023

EFFECTIVE
JANUARY 1, 2024

City of Redlands | RCSEA - MOU 2023-2026

Article 25.

Article 26.

Article 27.

LIFE INSURANCE
The City shall contribute the monthly premium for term life insurance in the amount of twenty -five thousand dollars ($25,000) for all Unit employees.

Article 28.

WORKERS’ COMPENSATION/SDI
A. The City agrees to provide City paid State Disability Insurance coverage to all Unit employees.

Article 29.

VACATION
A. The vacation accrual for Unit employees shall be as follows:

YEARS/MONTHS OF SERVICE ANNUAL
ACCRUAL RATE – HOURS
0 – 5 (0-59 months) 80
6 – 7 (60-83 months) 120
8 – 10 (84-119 months) 140
11–14 (120-167 months) 160
15+ (168 months+) 200

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Article 30.

SICK LEAVE
A. ACCRUAL: Sick leave shall be accrued on an hourly basis at the rate of eight (8) hours per calendar month of service.

B. USE: Unit employees may use up to half of their annual sick leave accrual, forty -eight (48) hours, to care for ill family members.

C. BUY BACK: In November of each calendar year, each Unit employee may elect to be paid at his/her current hourly rate for each sick leave day accumulated during the following calendar year in excess of six (6) sick leave days in November of the following year. A total of one (1) year’s accumulation, ninety-six (96) hours, must be on the books prior to any compensation being paid. This election is irrevocable and may not be changed once the election is made. Unit e mployees may also choose to accumulate all sick leave days, from calendar year to calendar year, to an unlimited amount.

YEARS OF SERVICE PERCENT
10 – 15 25 %
16 – 20 35 %
21+ 50 %

Article 31.

BEREAVEMENT LEAVE
In the event of a death in the immediate family, an eligible Unit employee will be compensated with four (4) days paid leave. In addition, eligible Unit employees may be allowed to use accrued sick leave with full pay not to exceed three (3) days. Immediate family shall be defined as the following relatives to either the employee or spouse or registered domestic partner : spouse, registered domestic partner, child (including foster child or ward of the court), parent, grandparent, brother, sister, niece, nephew, step- Regular Redlands Meeting of 07-05-2023
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15 children, and grandchildren. The definition of immediate family will also include the aunt and uncle of the employee only. Bereavement leave may also be used for the significant other of the employee provided the employee shows proof of cohabitation.

Article 32.

LEAVE OF ABSENCE WITHOUT PAY
If a Unit employee takes more than five (5) accumulated days of leave without pay in a calendar year, commencing at the beginning of the sixth (6th) day of leave without pay and any day of leave without pay thereafter during the calendar year; sick leave and vacation accruals will b e adjusted proportionately to eliminate benefit accruals for any day an employee is on leave without pay status.

Article 33.

Article 34.

HOLIDAYS
A. The holidays which will be honored for Unit employees will include the following, along with any additional day as designated by action of the City Council:

B. If the holiday falls on Saturday, Friday shall be designated as the holiday and if the holiday falls on Sunday, Monday shall be designated as the holiday.

D. Holiday pay shall be compensated in accordance with the Unit employee’s standard work schedule.

E. Unit employees are entitled to receive:

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16 1. Two (2) Floating Holidays per calendar year; and

Article 35.

Article 36.

New Employees: The City agrees to furnish each new employee in the bargaining unit with a copy of the MOU at the commencement of his/her employment.

Demographic Reports: In accordance with Government Code §3555 3559, the City shall provide to Association Representatives the name, hire date, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of any newly hired employee within 30 days of the date of hire or by the first pay period of the month following hire, and the City shall also provide to Association Representatives with a list of that information for all employees in the bargaining unit at least every 120 days. The City shall provide the information identified herein regardless of whether the newly hired employee was previously employed by the City.

City of Redlands | RCSEA - MOU 2023-2026

17 Association business, provided Association representatives shall provide twenty-four (24) hours advance notice to the supervisor in charge of the work area that is being visited. Such visits shall not interfere with normal operation of the department. In case of an emergency, the twenty-four (24) hour advance notice will not be requ ired, provided the Association representative provides advance notice to the supervisor in charge as soon as reasonably possible.

Dues Deduction: The City shall deduct dues on a regular payroll basis from the pay of all Association members. Such deductions shall be authorized in writing on a form approved and provided by the Association for this purpose. The membership forms shall be retained by the Association. The City shall rely on a certification from the Association for the authorization, modification, or cancellation of any/all dues deductions. The City shall remit such funds to the Association within thirty (30) days following their deduction.

The City shall direct employee requests to cancel or change deductions to the Association. The City shall rely on information provided by the Association regarding whether deductions for Association membership were properly canceled or changed, and the Association shall indemnify the City for any claims made by the employee for deductions made in reliance on that information. Deductions may berevoked only pursuant to the terms of the employee’s written authorization, Association Bylaws, and this MOU.

In accordance with SB 866, Gov’t Code §3550- 3553, the City shall not deter or discourage employees or applicants from becoming or remaining members of the Association, or from authorizing representation by the Association, or from authorizing dues or fee deductions to the Association.

Article 37.

MEAL PERIODS
Unit employees shall be entitled to a meal period which shall not be less than thirty (30) minutes or greater than sixty (60) minutes. Every effort will be made to schedule the meal period during the middle of a shift, when possible.

Article 38.

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18 The rest periods shall be considered as time worked. Employees required to work b eyond their regular tour of duty shall be granted a ten (10) minute rest period for each two (2) hours of work.

B. The Association understands and agrees to the following. With regard to break periods, the following scenarios should not occur:

1. Combining two daily breaks into one 20-30 minute break.

2. “Banking” breaks from day to day.

3. “Saving” break time in order to extend lunch periods or shorten the workday.

4. Payment of compensatory time off or overtime for “unused” breaks.

Article 39.

CATASTROPHIC LEAVE
Unit employees are eligible for catastrophic leave in accordance with the City’s Catastrophic Leave Policy.

Article 40.

LEAVE TIME REPORTING
Leave time may be used and reported in increments of fifteen (15) minutes.

Article 41.

Article 42.

EMPLOYMENT EXAMINATION PROCEDURES
The examination procedure for all City jobs will be as established by the City and Association.

Article 43.

PROBATION
A. Unit employees newly hired shall serve a probationary period of twelve (12) months.

B. Unit employees who are promoted shall serve a probationary period of six (6) months.

C. Probationary periods may be extended as set forth in the City’s Personnel Rules and Regulations.

Article 44.

WORKWEEK /WORK SCHEDULE
The work schedule represents the time that an employee is regularly scheduled to work. The Department Director shall establish the actual number of hours which comprise the standard tour of duty for each position. Any proposed change shall be communicated to the Unit employees and the Association at least two (2) weeks prior to the proposed change being implemented, unless mutually agreed upon between the employee and supervisor or in the case of exigent circumstances. If requested by the Association, the City shall expeditiously meet and confer regarding such change.

Article 45.

PROMOTIONAL POSITIONS
A. The City may seek only promotional candidates to fill available positions. In this case, distribution of job announcements shall be limited to internal sources. Promotional candidates shall follow the procedures identified in the City’s Personnel Rules a nd Regulations. Unit employees appointed to Regular Redlands Meeting of 07-05-2023
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19 promotional positions shall complete a probationary period in accordance with the City’s Personnel Rules and Regulations.

Article 46.

Article 47.

DIRECT DEPOSIT
Direct deposit of employee paychecks will be available to Unit employees.

Article 48.

Article 49.

COPY OF MOU TO EACH EMPLOYEE
The City will p ost on the City website and make an electronic copy of the MOU available to each Unit employee within sixty (60) days of execution.

Article 50.

Article 51.

DISCIPLINARY PROCEDURE
A. THE INVESTIGATORY INTERVIEW PROCESS
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20 Prior to any investigatory interview or consultation between a Unit employee and the Department Director or City Manager, that could reasonably be construed to result in disciplinary action against the employee, the employee shall be given notice of the interview or consultation as soon as reasonably practical, and shall be advised of his or her right to representation under this section; and upon request shall be afforded an opportunity to contact and consult privately with a representative of the Association. If requested, the employee may have an Association representative present during any such investigatory interview or consultation, and, to the extent practicable, such interviews or consultations shall be conducted during an employee’s working hours. Only those persons reasonably necessary to the conduct of the interview shall be present.

B. D

ISCIPLINARY PROCEDURES
No non-probationary Unit employee shall be disciplined without cause . A promotional probationary employee who is subject to discipline as defined by City rules and regulations, shall retain the right to challenge the action in the same manner as a non -promotional employee who has successfully completed the probationary testing period. Rejection from a probationary promotional position is not "disciplinary action" as described herein, and is not subject to appeal or any other challenge.

1. Notice of Proposed Action
Whenever a Unit employee is to be discharged, suspended (for more than five (5) working days) demoted (non-probationary), or reduced in step, for disciplinary purposes, written notice of at least five (5)
1 days of the proposed disciplinary action shall be given before such action is to be taken and must include:

a. Notice of proposed action;
b. Reasons for proposed action;
c. A copy of charges stating specific incidents or specific courses of conduct, e.g. as evidenced by work performance evaluations, and a copy of the written materials upon which the decision to take proposed disciplinary action is based; and
d. A notice to the employee of the right to respond in writing or orally within the five (5) day period.

In the case of a suspension of five (5) working days or less, the foregoing procedures shall be afforded the employee either before or during the suspension, or within a reasonable time thereafter.

1 Unless specifically noted to be "working days," any reference to days is calendar days.

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21 2. Limitations and Exceptions
a. Oral notice is insufficient as full notice to a Unit employee and may be given only as the initial notice in extraordinary circumstances which call for immediate action. b. Prior written notice is required in each case, unless provided otherwise herein, regardless of seriousness unless extraordinary circumstances are involved. c. Unit employees may be suspended without prior written notice in extraordinary circumstances when it is essential to avert harm to the public, other employees, or to avert serious disruption of governmental business. The appointing authority may schedule an employee for vacation or holiday leave as the circumstances may warrant. Extraordinary circumstances include but are not limited to situations involving misappropriation of public funds or property; working while under the influence of alcohol or intoxicating drugs; open insubordination; commission of a crime involving moral turpitude punishable by imprisonment for six (6) months or more; an d disruption of City business through willful misconduct (altercations, etc.)
d. Oral notice is insufficient as full notice for proposed disciplinary action. In extraordinary circumstances when immediate suspension, demotion, removal, or reduction in step is warranted, initial notice may be given orally. The Unit employee should be told when the initial action is taken what the reasons for the actions are and, in addition, the employee will have an opportunity to respond in writing and/or orally to those charges. The written charges in the case of an immediate disciplinary action must be prepared as soon as possible and normally within a day or two (2) of the initial oral notice.

3. A Unit employee's Response to Proposed Discipline
a. An employee receiving a Notice of Proposed action shall have the right to respond to the Department Director. An employee’s opportunity to respond to the Department Director is not intended to be an adversarial hearing. An employee has the right to have a representative of his/her own choosing at the meeting. The employee shall not be accorded the opportunity to cross-examine a department’s witnesses, nor to present a formal case in opposition to the proposed discipline. However, the limited nature of this response does not obviate the Department Director’s responsibility to initiate further investigation if the employee’s version of the facts raises doubts as to the accuracy of the Department Director’s information leading to the discipline proposal. An employee may elect not to respond, thereby waiving any further pre-disciplinary response.
b. The Department Director will evaluate the proposed discipline in light of the Unit employee’s response, if any. Within ten (10) days of the employee’s response, or deadline for response, a decision will be transmitted in writing to the employee. Service of the decision will be in person or by mail.

4. City Manager Level Appeal

City of Redlands | RCSEA - MOU 2023-2026

22 process shall not be applicable to verbal and written reprimands, probationary demotions, performance evaluations and denial of performance increases. An employee desiring to appeal the Department Director’s decision shall have ten (10) days after receipt of the response to file an appeal. The employee’s request for appeal must be addressed to the City Manager and received in the City Manager’s office so that same is date stamped by the City Manager’s office within the ten (10) day period.

3. The meeting with the City Manager shall be conducted in the same manner as the Response to Proposed Discipline set forth in paragraph 3(a) above.

Within ten (10) days following receipt of the list of hearing officers, the parties shall confer to select the hearing officer. The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the hearing officer. ii. Where practicable, the date for a hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the City Manager. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing. iii. All hearings shall be private provided, however, that the hearing officer shall, at the request of the employee, open the hearing to the public. iv. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than seven (7) days, prior to the commencement of such Regular Redlands Meeting of 07-05-2023
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23 hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.
v. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence. vi. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introduce evidence; t o cross-examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the employee does not testify in his/her own behalf, he/she may be called and examined as if under cross - examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the hearing, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary. vii. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:

1. The party imposing discipline shall be permitted to make an opening statement;

2. The appealing party shall then be permitted to make an opening statement;

3. The party imposing disciplinary action shall produce the evidence on his/her part; the City bears the burden of proof and burden of producing evidence;

5. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case;

6. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.
i. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and Regular Redlands Meeting of 07-05-2023
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24 proper decision. The hearing officer shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. His/her decision shall set forth which charges, if any, are sustained and the reasons therefore. The opinion shall set forth findings of fact and conclusions. i. The hearing officer may recommend sustaining or rejecting any or all of the charges filed against the employee. He/she may recommend sustaining, rejecting, or modifying the disciplinary action invoked against the employee. He/she may not recommend discipline more stringent than that issued by the City Manager.
ii. The hearing officer’s opinion and recommendation shall be filed with the City Council, with a copy sent to the charged employee, and shall set forth his/her findings and recommendations. If it is a dismissal hearing and a dismissal is not the hearing officer’s recommendation, the opinion shall set forth the date the employee is recommended to be reinstated and/or other recommended action. The reinstatement date, if appropriate, may be any time on or after the date of disciplinary action. iii. Within sixty (60) days of the receipt of the hearing officer’s findings, recommendation, and transcript, the City Council shall adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions of the hearing officer. Prior to making a decision which modifies or rejects the recommendation of the hearing officer, the City Council shall order and read the transcript of the hearing. Prior to making a decision which sup ports the hearing officer, the City Council may order and read the transcript, at its option. The City Council shall not conduct a de novo hearing. The City Council may, at its option, allow limited oral arguments and/or may request and review written st atements from either side. The decision of the City Council shall be final and conclusive. Copies of the City Council’s decision, including the hearing officer’s recommendation(s), shall be filed where appropriate, including the employee’s personnel file, unless no discipline is upheld by the City Council.
iv. Each party shall equally bear the cost and fees of the hearing officer, the cost of facilities, the court reporter and transcripts. Each party shall bear its own witness and attorney fees.

If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. T his process shall not apply to mutual settlements by the parties which result in a hearing officer fee.
v. In the case of suspension, demotion, reduction in salary, or dismissal prescribed by the City Council, the time of such suspension, demotion or dismissal shall be effective from the first day after such delivery of said decision or shall relate back to and be effective as of the date the employee was disciplined pending hearing before and decision by the City Council, whichever is applicable. If discipline imposed resulted in loss of pay, and the decision results in reduction or elimination of loss of pay, the pay loss shall be restored to the employee based on the number of standard work hours lost computed at his/her then base hourly rate.

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25 vi. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section.

Article 52.

GRIEVANCE PROCEDURE
A. Definition
A “grievance” is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding, provisions of the Personnel Rules and Regulations, and/or written City Policy. Other matters for which a s pecial method of review is provided by law, ordinance, resolution, or by administrative regulations and procedures of the City, are not within the scope of this procedure. This procedure is not to be used in lieu of the Disciplinary Appeal Procedure.

B. Procedure

1. Every effort shall be made to resolve a grievance through discussion between the Unit employee and his/her immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quickly and fairly without subsequent discrimination against employees who may seek to adjust a grievance. Every effort should be made to find an acceptable solution at the lowest level of supervision. Within fifteen (15) days
2 after a grievant knew, or by reasonable diligence
should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant’s immediate supervisor. A supervisor shall render a verbal decision within s even (7) days of the conclusion of the informal conference.

3. The Division Manager shall render a decision and comments in writing and return them to the grievant within ten (10) days after receiving the written grievance.

2 Days refer to calendar days.

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6. The City Manager shall review the grievance and respond to the employee within twenty (20) days of receiving the appeal. The response shall be in writing.

8. If, within the 10-day appeal period, the employee involved does not file said appeal, unless good cause for the failure is shown, the grievance shall be considered conclusive as set forth in the City Manager's decision and shall take effect as prescribed. If within the ten (10) day appeal period, the employee involved files such notice of appeal by giving written notice of appeal to the Human Resources Director, an appeal hearing shall be established as follows:
a. The California State Mediation and Conciliation Service shall be requested to submit a list of seven (7) persons qualified to act as hearing officers to the City and the employee. Within ten (10) days following receipt of the list of hearing officers, the parties shall confer to select the hearing officer. The parties shall alternately strike one (1) name from the list of hearing officers (the right to strike the first name to be determined by lot) until one (1) name remains, and that person shall be the hearing officer.
b. Where practicable, the date for a hearing shall not be less than twenty (20) days, nor more than sixty (60) days, from the date of the filing of the appeal with the Human Resources Director. The parties may stipulate to a longer or shorter period of time in which to hear the appeal. All interested parties shall be notified in writing of the date, time, and place of hearing. c. All hearings shall be priv ate provided, however, that the hearing officer shall, at the request of the grievant, open the hearing to the public.
d. Subpoenas and subpoenas duces tecum pertaining to a hearing shall be issued at the request of either party, not less than seven (7) days, prior to the commencement of such hearing. After the commencement of such hearing, subpoenas shall be issued only at the discretion of the hearing officer.
e. The hearing need not be conducted in accordance with technical rules relating to evidence and witnesses. Any relevant evidence shall be admitted if it is the sort of evidence on which reasonable persons are accustomed to rely in the conduct of serious affairs, regardless of the existence of any common law or statutory rules which might make improper admission of such evidence over objection in civil actions. Hearsay evidence may be used for the purpose of supplementing or explaining any direct evidence but shall not be sufficient in itself to support a finding unless it would be admissible over objection in civil actions. The rules of privilege shall be effective to the same extent that they are now or hereafter may be recognized in civil actions, and irrelevant and unduly repetitious evidence shall be excluded. The hearing officer Regular Redlands Meeting of 07-05-2023
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27 shall not be bound by technical rules of evidence. The hearing officer shall rule on the admission or exclusion of evidence.
f. Each party shall have these rights: To be represented by legal counsel or other person of his/her choice; to call and examine witnesses; to introdu ce evidence; to cross -examine opposing witnesses on any matter relevant to the issues even though that matter was not covered in the direct examination; to impeach any witness regardless of which party first called him/her to testify; and to rebut the evidence against him/her. If the grievant does not testify in his/her own behalf, he/she may be called and examined as if under cross - examination. Oral evidence shall be taken only on oath or affirmation. A court reporter will be engaged to record the heari ng, unless the parties (City, hearing officer, employee/employee representative) mutually agree that same is not necessary. g. The hearing shall proceed in the following order, unless the hearing officer, for special reason, otherwise directs:
i. The grievant shall be permitted to make an opening statement; ii. The City shall then be permitted to make an opening statement; iii. The grievant shall produce the evidence on his/her part; the grievant bears the burden of proof and burden of producing evidence;
iv. The City may then open its defense and offer its evidence in support thereof; the City bears the burden of proof and the burden of producing evidence for any affirmative defenses asserted;
v. The parties may then, in order, respectively offer rebutting evidence only, unless the hearing officer for good reason, permits them to offer evidence upon their original case; vi. Closing arguments shall be permitted and written briefs may be permitted at the discretion of the hearing officer.
h. The hearing officer shall determine relevancy, weight, and credibility of testimony and evidence. He/she shall base his/her findings on the preponderance of evidence. During the examination of a witness, all other witnesses, except the parties, shall be excluded from the hearing unless the hearing officer, in his/her discretion, for good cause, otherwise directs. No still photographs, moving pictures, or television pictures shall be taken in the hearing chamber during a hearing. The hearing officer, prior to or during a hearing, may grant a continuance for any reason he/she believes to be important to reaching a fair and proper decision. The hearing officer shall render his/her judgment as soon after the conclusion of the hearing as possible and in no event later than thirty (30) days after conducting the hearing. The opinion shall set forth findings of fact and conclusions.
i. The hearing officer may recommend sustaining or rejecting any or all of the grievance. j. The hearing officer’s opinion and recommendation shall be filed with the Human Resources Director, with a copy sent to the grievant, and shall set forth his/her findings and recommendations.
k. Within sixty (60) days of the receipt of the hearing officer’s findings recommendation, and transcript, the City Council shall adopt, amend, modify or reject the recommended findings, conclusions, and/or opinions of the hearing officer. Prior to making a decision which modifies Regular Redlands Meeting of 07-05-2023
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28 or rejects the recommendation of the hearing officer, the City Council shall order and read the transcript of the hearing. Prior to making a decision which supports the hearing officer, the City Council may order and read the transcript, at its option. The City Council shall not conduct a de novo hearing. The City Council may, at its option, allow limited oral arguments and/or may request and review written statements from either side. The decision of the City Council shall be final and conclusive. Copies of the City Council’s decision, including the hearing officer’s recommendation(s) shall be filed where appropriate, including the grievant's personnel file.
l. Each party shall bear equally the cost of facilities, fees and expenses of the hearing officer, including the court reporter and transcripts. Each party shall bear its own witness and attorney fees. If either party unilaterally cancels or postpones a scheduled hearing, thereby resulting in a fee charged by the hearing officer or court reporter, then the party responsible for the cancellation or postponement shall be solely responsible for payment of that fee. This process shall not apply to mutual settlements by the parties which result in an arbitration fee. m. The provisions of Section 1094.6 of the Code of Civil Procedure shall be applicable to proceedings under this Section.

11. The employee and/or his/her representative may use a reasonable amount of work time as determined by the appropriate supervisor or Department Director in presenting the griev ance.

However, no employee shall absent himself/herself without first being excused by his/her supervisor.

12. No employee shall be required to be represented by an employee organization in processing a grievance.

13. Employees shall be assured freedom from reprisal for using the grievance procedures by both the City and the employee organization.

15. A group grievance may be filed when one (1) set of circumstances or occurrences affects more than one (1) employee in the same manner or to the same extent. The group may file one (1) document which all members of the group have read and signed. Members of the group shall be Regular Redlands Meeting of 07-05-2023
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Article 53.

Article 54.

LAYOFF PROCEDURE
A. Should the City Manager determine reductions in force to be necessary due to lack of work or for financial reasons, he/she may initiate Layoff s. Classifications to be affected and the number of employees included will be determined by the City.

B. In determining the order of Layoff s, a combination of factors shall be considered, including but not limited to: qualifications, productivity, general performance, seniority with the City of Redlands, seniority in job classification, and needs of the City. Variations from the order of Layo ffs and recall from Layoff may occur when the City deems such variations appropriate under the circumstances.

C. The factors the City, in its discretion, may use to determine include but are not limited to the following:

1. An employee's last four performance evaluations, if any;

2. Any history of employee commendations, awards, etc.;

3. Any history of employee disciplinary action;

4. Attendance record, including tardiness and unexcused absences;

5. Safety record, including personal injury and damage to city property;

6. Probationary and temporary employees shall be laid off before a regular employee in the same classification;

8. Between two regular appointees in the same classification the employee with lesser skills, abilities, qualifications, merit and\or record than may be laid off first, without regard to seniority;

9. Memoranda of Understanding ("MOU") between the City and affected bargaining units.

D. BUMPING

1. “Bumping” means the displacement of an employee from his/her position by an employee in a higher classification who formerly held the same position.

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30 2. Where two or more employees are laid off from the same position, the employee with the greatest seniority in that classification shall have the first opportunity to bump as set forth below.

3. A laid-off employee shall be entitled to bump an employee in the same position previously held by the laid off employee . Alternatively, an employee may "bump" into a position in a different department which he/she held within the prior five (5) years. The laid off employee must be able to perform the essential job functions of the former position and possess the minimum qualifications of the position as specified by the job classification specification. A laid-off employee shall not bump an employee with greater skills, abilities, qualifications, merit and/or record. Laid off employ ees may also be placed in a vacant lower classification for which they meet the minimum qualifications. Employees must utilize the option that places them in the highest available position.

4. The City will notify laid -off employees of any positions available for bumping. Following such notification, the employee must notify the Human Resources Director in writing of his/her intent to exercise the bumping rights within seven (7) calendar days, and the position and classification in to which he/she intends to bump. Failure to provide such notification will be deemed a waiver of bumping rights by the employee.

5. Where there is more than one employee in a position available for bumping, the factors in paragraph C of this Section will be used to determine which employee, if any, will be bumped.

6. The process will be repeated at the next classification level where an employee bumps in and creates an overage in that classification.

E. REINSTATEMENT FROM LAYOFF

Article 55.

City of Redlands | RCSEA - MOU 2023-2026

31 B. In addition, no petitions for unit modification of the Civilian Safety unit will be accepted by the City without the express agreement of the Association.

Article 56.

Article 57.

Article 58.

Article 59.

Article 60.

Article 61.

ZIPPER CLAUSE

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32 Article 62.

SIGNATURES

CITY OF REDLANDS

REDLANDS CIVILIAN SAFETY EMPLOYEES ASSOCIATION

EDDIE TEJEDA , MAYOR

AMY VARELA, PRESIDENT
DATE

ADOPTED, SIGNED AND APPROVED

THIS 5TH DAY OF JULY, 2023

ATTEST:

VICE PRESIDENT
DATE

JEANNE DONALDSON, CITY CLERK

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Employee Units Included:

Redlands Civilian Safety Employees Association
City of Redlands

SALARY SCHEDULE
Range FLSA
Status Rate Type 0
(Minimum) 1 2 3 4
5 (Longevity
Only)
6 (Longevity
Only)
CS10 NE HOURLY 17.404 18.274 19.187 20.147 21.154 21.789 22.224 MONTHLY 3017 3167 3326 3492 3666.71 3777 3852
ANNUAL 36199 38009 39910 41905 44001 45321 46227
CS11 NE HOURLY 17.578 18.456 19.379 20.348 21.366 22.007 22.447 MONTHLY 3047 3199 3359 3527 3703 3814 3891
ANNUAL 36561 38389 40309 42324 44441 45774 46689
CS12 NE HOURLY 17.753 18.641 19.573 20.552 21.579 22.227 22.671 MONTHLY 3077 3231 3393 3562 3740 3853 3930
ANNUAL 36927 38773 40712 42748 44885 46231 47156
CS13 NE HOURLY 17.931 18.827 19.769 20.757 21.795 22.449 22.898 MONTHLY 3108 3263 3427 3598 3778 3891 3969
ANNUAL 37296 39161 41119 43175 45334 46694 47628
CS14 NE HOURLY 18.110 19.016 19.966 20.965 22.013 22.673 23.127 MONTHLY 3139 3296 3461 3634 3816 3930 4009
ANNUAL 37669 39553 41530 43607 45787 47161 48104
CS15 NE HOURLY 18.291 19.206 20.166 21.174 22.233 22.900 23.358 MONTHLY 3170 3329 3495 3670 3854 3969 4049
ANNUAL 38046 39948 41946 44043 46245 47632 48585
CS16 NE HOURLY 18.474 19.398 20.368 21.386 22.455 23.129 23.592 MONTHLY 3202 3362 3530 3707 3892 4009 4089
ANNUAL 38426 40348 42365 44483 46707 48109 49071
CS17 NE HOURLY 18.659 19.592 20.571 21.600 22.680 23.360 23.828 MONTHLY 3234 3396 3566 3744 3931 4049 4130
ANNUAL 38811 40751 42789 44928 47175 48590 49562
CS18 NE HOURLY 18.846 19.788 20.777 21.816 22.907 23.594 24.066 MONTHLY 3267 3430 3601 3781 3971 4090 4171
ANNUAL 39199 41159 43217 45377 47646 49076 50057
CS19 NE HOURLY 19.034 19.986 20.985 22.034 23.136 23.830 24.307 MONTHLY 3299 3464 3637 3819 4010 4131 4213
ANNUAL 39591 41570 43649 45831 48123 49566 50558
CS20 NE HOURLY 19.224 20.186 21.195 22.255 23.367 24.068 24.550 MONTHLY 3332 3499 3674 3857 4050 4172 4255
ANNUAL 39987 41986 44085 46289 48604 50062 51063
CS21 NE HOURLY 19.417 20.387 21.407 22.477 23.601 24.309 24.795 MONTHLY 3366 3534 3711 3896 4091 4214 4298
ANNUAL 40386 42406 44526 46752 49090 50563 51574
CS22 NE HOURLY 19.611 20.591 21.621 22.702 23.837 24.552 25.043 MONTHLY 3399 3569 3748 3935 4132 4256 4341
ANNUAL 40790 42830 44971 47220 49581 51068 52090
Effective July 2023 *Due to rounding, salary schedules are a close approximation of actual salary Regular Redlands Meeting of 07-05-2023
346 of 408
Employee Units Included:

Redlands Civilian Safety Employees Association
City of Redlands

SALARY SCHEDULE
Range FLSA
Status Rate Type 0
(Minimum) 1 2 3 4
5 (Longevity
Only)
6 (Longevity
Only)
CS23 NE HOURLY 19.807 20.797 21.837 22.929 24.075 24.798 25.294 MONTHLY 3433 3605 3785 3974 4173 4298 4384
ANNUAL 41198 43258 45421 47692 50077 51579 52611
CS24 NE HOURLY 20.005 21.005 22.055 23.158 24.316 25.046 25.546 MONTHLY 3468 3641 3823 4014 4215 4341 4428
ANNUAL 41610 43691 45875 48169 50577 52095 53137
CS25 NE HOURLY 20.205 21.215 22.276 23.390 24.559 25.296 25.802 MONTHLY 3502 3677 3861 4054 4257 4385 4472
ANNUAL 42026 44128 46334 48651 51083 52616 53668
CS26 NE HOURLY 20.407 21.427 22.499 23.624 24.805 25.549 26.060 MONTHLY 3537 3714 3900 4095 4300 4428 4517
ANNUAL 42447 44569 46797 49137 51594 53142 54205
CS27 NE HOURLY 20.611 21.642 22.724 23.860 25.053 25.804 26.321 MONTHLY 3573 3751 3939 4136 4343 4473 4562
ANNUAL 42871 45015 47265 49629 52110 53673 54747
CS28 NE HOURLY 20.817 21.858 22.951 24.098 25.303 26.063 26.584 MONTHLY 3608 3789 3978 4177 4386 4518 4608
ANNUAL 43300 45465 47738 50125 52631 54210 55294
CS29 NE HOURLY 21.025 22.077 23.180 24.339 25.556 26.323 26.850 MONTHLY 3644 3827 4018 4219 4430 4563 4654
ANNUAL 43733 45919 48215 50626 53157 54752 55847
CS30 NE HOURLY 21.236 22.297 23.412 24.583 25.812 26.586 27.118 MONTHLY 3681 3865 4058 4261 4474 4608 4700
ANNUAL 44170 46379 48698 51132 53689 55300 56406
CS31 NE HOURLY 21.448 22.520 23.646 24.829 26.070 26.852 27.389 MONTHLY 3718 3904 4099 4304 4519 4654 4747
ANNUAL 44612 46842 49184 51644 54226 55853 56970
CS32 NE HOURLY 21.662 22.746 23.883 25.077 26.331 27.121 27.663 MONTHLY 3755 3943 4140 4347 4564 4701 4795
ANNUAL 45058 47311 49676 52160 54768 56411 57539
CS33 NE HOURLY 21.879 22.973 24.122 25.328 26.594 27.392 27.940 MONTHLY 3792 3982 4181 4390 4610 4748 4843
ANNUAL 45508 47784 50173 52682 55316 56975 58115
CS34 NE HOURLY 22.098 23.203 24.363 25.581 26.860 27.666 28.219 MONTHLY 3830 4022 4223 4434 4656 4795 4891
ANNUAL 45964 48262 50675 53209 55869 57545 58696
CS35 NE HOURLY 22.319 23.435 24.607 25.837 27.129 27.943 28.501 MONTHLY 3869 4062 4265 4478 4702 4843 4940
ANNUAL 46423 48744 51182 53741 56428 58121 59283
Effective July 2023 *Due to rounding, salary schedules are a close approximation of actual salary Regular Redlands Meeting of 07-05-2023
347 of 408
Employee Units Included:

Redlands Civilian Safety Employees Association
City of Redlands

SALARY SCHEDULE
Range FLSA
Status Rate Type 0
(Minimum) 1 2 3 4
5 (Longevity
Only)
6 (Longevity
Only)
CS36 NE HOURLY 22.542 23.669 24.853 26.095 27.400 28.222 28.786 MONTHLY 3907 4103 4308 4523 4749 4892 4990
ANNUAL 46887 49232 51693 54278 56992 58702 59876
CS37 NE HOURLY 22.767 23.906 25.101 26.356 27.674 28.504 29.074 MONTHLY 3946 4144 4351 4568 4797 4941 5040
ANNUAL 47356 49724 52210 54821 57562 59289 60475
CS38 NE HOURLY 22.995 24.145 25.352 26.620 27.951 28.789 29.365 MONTHLY 3986 4185 4394 4614 4845 4990 5090
ANNUAL 47830 50221 52732 55369 58137 59882 61079
CS39 NE HOURLY 23.225 24.386 25.606 26.886 28.230 29.077 29.659 MONTHLY 4026 4227 4438 4660 4893 5040 5141
ANNUAL 48308 50724 53260 55923 58719 60480 61690
CS40 NE HOURLY 23.457 24.630 25.862 27.155 28.513 29.368 29.955 MONTHLY 4066 4269 4483 4707 4942 5090 5192
ANNUAL 48791 51231 53792 56482 59306 61085 62307
CS41 NE HOURLY 23.692 24.876 26.120 27.426 28.798 29.662 30.255 MONTHLY 4107 4312 4528 4754 4992 5141 5244
ANNUAL 49279 51743 54330 57047 59899 61696 62930
CS42 NE HOURLY 23.929 25.125 26.382 27.701 29.086 29.958 30.557 MONTHLY 4148 4355 4573 4801 5042 5193 5297
ANNUAL 49772 52261 54874 57617 60498 62313 63559
CS43 NE HOURLY 24.168 25.377 26.645 27.978 29.376 30.258 30.863 MONTHLY 4189 4399 4619 4849 5092 5245 5350
ANNUAL 50270 52783 55422 58193 61103 62936 64195
CS44 NE HOURLY 24.410 25.630 26.912 28.257 29.670 30.560 31.172 MONTHLY 4231 4443 4665 4898 5143 5297 5403
ANNUAL 50772 53311 55977 58775 61714 63566 64837
CS45 NE HOURLY 24.654 25.887 27.181 28.540 29.967 30.866 31.483 MONTHLY 4273 4487 4711 4947 5194 5350 5457
ANNUAL 51280 53844 56536 59363 62331 64201 65485
CS46 NE HOURLY 24.900 26.145 27.453 28.825 30.267 31.175 31.798 MONTHLY 4316 4532 4758 4996 5246 5404 5512
ANNUAL 51793 54383 57102 59957 62955 64843 66140
CS47 NE HOURLY 25.149 26.407 27.727 29.114 30.569 31.486 32.116 MONTHLY 4359 4577 4806 5046 5299 5458 5567
ANNUAL 52311 54926 57673 60556 63584 65492 66801
CS48 NE HOURLY 25.401 26.671 28.005 29.405 30.875 31.801 32.437 MONTHLY 4403 4623 4854 5097 5352 5512 5622
ANNUAL 52834 55476 58249 61162 64220 66147 67469
Effective July 2023 *Due to rounding, salary schedules are a close approximation of actual salary Regular Redlands Meeting of 07-05-2023
348 of 408
Employee Units Included:

Redlands Civilian Safety Employees Association
City of Redlands

SALARY SCHEDULE
Range FLSA
Status Rate Type 0
(Minimum) 1 2 3 4
5 (Longevity
Only)
6 (Longevity
Only)
CS49 NE HOURLY 25.655 26.938 28.285 29.699 31.184 32.119 32.762 MONTHLY 4447 4669 4903 5148 5405 5567 5679
ANNUAL 53362 56030 58832 61773 64862 66808 68144
CS50 NE HOURLY 25.911 27.207 28.567 29.996 31.496 32.440 33.089 MONTHLY 4491 4716 4952 5199 5459 5623 5735
ANNUAL 53896 56591 59420 62391 65511 67476 68826
CS51 NE HOURLY 26.171 27.479 28.853 30.296 31.811 32.765 33.420 MONTHLY 4536 4763 5001 5251 5514 5679 5793
ANNUAL 54435 57157 60014 63015 66166 68151 69514
CS52 NE HOURLY 26.432 27.754 29.142 30.599 32.129 33.092 33.754 MONTHLY 4582 4811 5051 5304 5569 5736 5851
ANNUAL 54979 57728 60615 63645 66828 68832 70209
CS53 NE HOURLY 26.697 28.031 29.433 30.905 32.450 33.423 34.092 MONTHLY 4627 4859 5102 5357 5625 5793 5909
ANNUAL 55529 58305 61221 64282 67496 69521 70911
CS54 NE HOURLY 26.964 28.312 29.727 31.214 32.774 33.758 34.433 MONTHLY 4674 4907 5153 5410 5681 5851 5968
ANNUAL 56084 58888 61833 64925 68171 70216 71620
CS55 NE HOURLY 27.233 28.595 30.025 31.526 33.102 34.095 34.777 MONTHLY 4720 4956 5204 5464 5738 5910 6028
ANNUAL 56645 59477 62451 65574 68852 70918 72336
CS56 NE HOURLY 27.506 28.881 30.325 31.841 33.433 34.436 35.125 MONTHLY 4768 5006 5256 5519 5795 5969 6088
ANNUAL 57212 60072 63076 66230 69541 71627 73060
CS57 NE HOURLY 27.781 29.170 30.628 32.160 33.768 34.781 35.476 MONTHLY 4815 5056 5309 5574 5853 6029 6149
ANNUAL 57784 60673 63707 66892 70236 72344 73790
CS58 NE HOURLY 28.058 29.461 30.934 32.481 34.105 35.128 35.831 MONTHLY 4863 5107 5362 5630 5912 6089 6211
ANNUAL 58362 61280 64344 67561 70939 73067 74528
CS59 NE HOURLY 28.339 29.756 31.244 32.806 34.446 35.480 36.189 MONTHLY 4912 5158 5416 5686 5971 6150 6273
ANNUAL 58945 61892 64987 68236 71648 73798 75274
CS60 NE HOURLY 28.622 30.054 31.556 33.134 34.791 35.834 36.551 MONTHLY 4961 5209 5470 5743 6030 6211 6336
ANNUAL 59535 62511 65637 68919 72365 74536 76026
CS61 NE HOURLY 28.909 30.354 31.872 33.465 35.139 36.193 36.917 MONTHLY 5011 5261 5524 5801 6091 6273 6399
ANNUAL 60130 63136 66293 69608 73088 75281 76787
Effective July 2023 *Due to rounding, salary schedules are a close approximation of actual salary Regular Redlands Meeting of 07-05-2023
349 of 408
Employee Units Included:

Redlands Civilian Safety Employees Association
City of Redlands

SALARY SCHEDULE
Range FLSA
Status Rate Type 0
(Minimum) 1 2 3 4
5 (Longevity
Only)
6 (Longevity
Only)
CS62 NE HOURLY 29.198 30.658 32.190 33.800 35.490 36.555 37.286 MONTHLY 5061 5314 5580 5859 6152 6336 6463
ANNUAL 60731 63768 66956 70304 73819 76034 77554
CS63 NE HOURLY 29.490 30.964 32.512 34.138 35.845 36.920 37.659 MONTHLY 5112 5367 5635 5917 6213 6400 6527
ANNUAL 61339 64405 67626 71007 74557 76794 78330
CS64 NE HOURLY 29.785 31.274 32.837 34.479 36.203 37.289 38.035 MONTHLY 5163 5421 5692 5976 6275 6464 6593
ANNUAL 61952 65050 68302 71717 75303 77562 79113
CS65 NE HOURLY 30.082 31.587 33.166 34.824 36.565 37.662 38.416 MONTHLY 5214 5475 5749 6036 6338 6528 6659
ANNUAL 62571 65700 68985 72434 76056 78338 79904
CS66 NE HOURLY 30.383 31.902 33.498 35.172 36.931 38.039 38.800 MONTHLY 5266 5530 5806 6097 6401 6593 6725
ANNUAL 63197 66357 69675 73159 76817 79121 80703
CS67 NE HOURLY 30.687 32.221 33.833 35.524 37.300 38.419 39.188 MONTHLY 5319 5585 5864 6158 6465 6659 6793
ANNUAL 63829 67021 70372 73890 77585 79912 81510
CS68 NE HOURLY 30.994 32.544 34.171 35.879 37.673 38.804 39.580 MONTHLY 5372 5641 5923 6219 6530 6726 6860
ANNUAL 64467 67691 71075 74629 78361 80711 82326
CS69 NE HOURLY 31.304 32.869 34.513 36.238 38.050 39.192 39.975 MONTHLY 5426 5697 5982 6281 6595 6793 6929
ANNUAL 65112 68368 71786 75375 79144 81518 83149
CS70 NE HOURLY 31.617 33.198 34.858 36.601 38.431 39.583 40.375 MONTHLY 5480 5754 6042 6344 6661 6861 6998
ANNUAL 65763 69051 72504 76129 79936 82334 83980
CS71 NE HOURLY 31.933 33.530 35.206 36.967 38.815 39.979 40.779 MONTHLY 5535 5812 6102 6408 6728 6930 7068
ANNUAL 66421 69742 73229 76890 80735 83157 84820
CS72 NE HOURLY 32.252 33.865 35.558 37.336 39.203 40.379 41.187 MONTHLY 5590 5870 6163 6472 6795 6999 7139
ANNUAL 67085 70439 73961 77659 81542 83989 85668
CS73 NE HOURLY 32.575 34.204 35.914 37.710 39.595 40.783 41.599 MONTHLY 5646 5929 6225 6536 6863 7069 7210
ANNUAL 67756 71144 74701 78436 82358 84828 86525
CS74 NE HOURLY 32.901 34.546 36.273 38.087 39.991 41.191 42.015 MONTHLY 5703 5988 6287 6602 6932 7140 7283
ANNUAL 68433 71855 75448 79220 83181 85677 87390
Effective July 2023 *Due to rounding, salary schedules are a close approximation of actual salary Regular Redlands Meeting of 07-05-2023
350 of 408
Employee Units Included:

Redlands Civilian Safety Employees Association
City of Redlands

SALARY SCHEDULE
Range FLSA
Status Rate Type 0
(Minimum) 1 2 3 4
5 (Longevity
Only)
6 (Longevity
Only)
CS75 NE HOURLY 33.230 34.891 36.636 38.468 40.391 41.603 42.435 MONTHLY 5760 6048 6350 6668 7001 7211 7355
ANNUAL 69118 72574 76202 80012 84013 86534 88264
CS76 NE HOURLY 33.562 35.240 37.002 38.852 40.795 42.019 42.859 MONTHLY 5817 6108 6414 6734 7071 7283 7429
ANNUAL 69809 73299 76964 80813 84853 87399 89147
CS77 NE HOURLY 33.898 35.593 37.372 39.241 41.203 42.439 43.288 MONTHLY 5876 6169 6478 6802 7142 7356 7503
ANNUAL 70507 74032 77734 81621 85702 88273 90038
CS78 NE HOURLY 34.237 35.948 37.746 39.633 41.615 42.863 43.721 MONTHLY 5934 6231 6543 6870 7213 7430 7578
ANNUAL 71212 74773 78511 82437 86559 89156 90939
CS79 NE HOURLY 34.579 36.308 38.123 40.029 42.031 43.292 44.158 MONTHLY 5994 6293 6608 6938 7285 7504 7654
ANNUAL 71924 75520 79296 83261 87424 90047 91848
CS80 NE HOURLY 34.925 36.671 38.505 40.430 42.451 43.725 44.599 MONTHLY 6054 6356 6674 7008 7358 7579 7731
ANNUAL 72644 76276 80089 84094 88299 90948 92767
CS81 NE HOURLY 35.274 37.038 38.890 40.834 42.876 44.162 45.045 MONTHLY 6114 6420 6741 7078 7432 7655 7808
ANNUAL 73370 77038 80890 84935 89182 91857 93694
CS82 NE HOURLY 35.627 37.408 39.278 41.242 43.305 44.604 45.496 MONTHLY 6175 6484 6808 7149 7506 7731 7886
ANNUAL 74104 77809 81699 85784 90073 92776 94631
CS83 NE HOURLY 35.983 37.782 39.671 41.655 43.738 45.050 45.951 MONTHLY 6237 6549 6876 7220 7581 7809 7965
ANNUAL 74845 78587 82516 86642 90974 93703 95577
CS84 NE HOURLY 36.343 38.160 40.068 42.071 44.175 45.500 46.410 MONTHLY 6299 6614 6945 7292 7657 7887 8044
ANNUAL 75593 79373 83341 87508 91884 94640 96533
CS85 NE HOURLY 36.706 38.542 40.469 42.492 44.617 45.955 46.874 MONTHLY 6362 6681 7015 7365 7734 7966 8125
ANNUAL 76349 80167 84175 88384 92803 95587 97499
CS86 NE HOURLY 37.073 38.927 40.873 42.917 45.063 46.415 47.343 MONTHLY 6426 6747 7085 7439 7811 8045 8206
ANNUAL 77113 80968 85017 89267 93731 96543 98474
CS87 NE HOURLY 37.444 39.316 41.282 43.346 45.514 46.879 47.816 MONTHLY 6490 6815 7156 7513 7889 8126 8288
ANNUAL 77884 81778 85867 90160 94668 97508 99458
Effective July 2023 *Due to rounding, salary schedules are a close approximation of actual salary Regular Redlands Meeting of 07-05-2023
351 of 408
Employee Units Included:

Redlands Civilian Safety Employees Association
City of Redlands

SALARY SCHEDULE
Range FLSA
Status Rate Type 0
(Minimum) 1 2 3 4
5 (Longevity
Only)
6 (Longevity
Only)
CS88 NE HOURLY 37.819 39.709 41.695 43.780 45.969 47.348 48.295 MONTHLY 6555 6883 7227 7588 7968 8207 8371
ANNUAL 78663 82596 86725 91062 95615 98483 100453
CS89 NE HOURLY 38.197 40.107 42.112 44.217 46.428 47.821 48.778 MONTHLY 6621 6952 7299 7664 8048 8289 8455
ANNUAL 79449 83422 87593 91972 96571 99468 101457
CS90 NE HOURLY 38.579 40.508 42.533 44.660 46.893 48.299 49.265 MONTHLY 6687 7021 7372 7741 8128 8372 8539
ANNUAL 80244 84256 88469 92892 97537 100463 102472
Effective July 2023 *Due to rounding, salary schedules are a close approximation of actual salary Regular Redlands Meeting of 07-05-2023
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Employee Units Included:

Redlands Professional Firefighters Association
City of Redlands

SALARY SCHEDULE
Title Range FLSA
Status Rate Type 0
(Minimum) 1 2 3 4 5
6 (Longevity
14Years Effective
July 1, 2021)
7 (Longevity 19
years)
Firefighter F50 NE HOURLY 25.118 26.374 27.693 29.078 30.532 31.448 33.020 34.011 (24 hour
days) MONTHLY 6095 6400 6720 7056 7409.00 7631 8013 8253 ANNUAL 73145 76802 80642 84674 88908 91575 96154 99039
Fire
Engineer F55 NE HOURLY 29.612 31.092 32.647 34.279 35.993 37.073 38.927 40.095 (24 hour
days) MONTHLY 7186 7545 7922 8318 8734.41 8996 9446 9730 ANNUAL 86230 90541 95068 99822 104813 107957 113355 116756 Fire
Captain F60 NE HOURLY 34.663 36.397 38.216 40.127 42.134 43.398 45.568 46.935 (24 hour
days) MONTHLY 8412 8832 9274 9738 10224.43 10531 11058 11389 ANNUAL 100940 105987 111286 116851 122693 126374 132693 136673 Effective July 2023 *Due to rounding, salary schedules are close approximations of actual salary Regular Redlands Meeting of 07-05-2023
353 of 408
Employee Units Included:

Redlands Professional Police Officers Association
Redlands Association of Safety Management Employees
City of Redlands

SALARY SCHEDULE
Title Range Rate Type 0
(Minimum) 1 2 3 4 5
(Longevity)
6 (Longevity)
Police Officer P60 HOURLY 37.627 39.509 41.484 43.558 45.736 48.023 49.464 MONTHLY 6522 6848 7191 7550 7928 8324 8574
ANNUAL 78265 82178 86287 90601 95132 99888 102885
Police Corporal P64 HOURLY 42.488 44.612 46.843 49.185 51.644 54.226 55.853 MONTHLY 7365 7733 8119 8525 8952 9399 9681
ANNUAL 88374 92793 97433 102304 107419 112790 116174
Police Sergeant P70 HOURLY 50.664 53.197 55.857 58.650 61.583 64.662 66.602 MONTHLY 8782 9221 9682 10166 10674 11208 11544
ANNUAL 105381 110651 116183 121992 128092 134496 138531 Police Commander P81 HOURLY 69.534 73.011 76.661 80.495 84.519 88.745 MONTHLY 12053 12655 13288 13952 14650 15383
ANNUAL 144631 151863 159456 167429 175800 184590
Deputy Chief P85 HOURLY 78.780 82.719 86.855 91.198 95.758 100.546 MONTHLY 13655 14338 15055 15808 16598 17428
ANNUAL 163863 172056 180659 189691 199176 209135
Effective July 2022
*Due to rounding, salary schedules are close approximations of actual salary Regular Redlands Meeting of 07-05-2023
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City Council/Successor Agency Meeting L. 4.

DATE: 07/05/2023
TO: Honorable Mayor and City Council Members
SUBJECT: Consideration of a Second Amendment to the Agreement with Southern California Fleet Services, Inc. to increase the total compensation for an amount not to exceed $2,887,000 and consideration of Resolution No. 8496 amending Resolution No. 8331 to approve a Purchase Order Modification and First Amendment to a Non-Professional Services Agreement with Ken Grody Ford Redlands, LLC. to a not-to-exceed amount of $325,312 to provide Ford Original Equipment Manufacturer (OEM) parts and repair services for the City (Facilities and Community Service Director Crocker)
MOTION(S):

If the City Council determines that staff’s recommendation is appropriate, the following motions are provided:

I move that the City Council approve an amendment to an agreement with Southern California Fleet Services, Inc. to increase the total compensation to an amount not to exceed $2,887,000; and

1. I move that the City Council adopt Resolution No. 8496 amending Resolution No. 8331 to approve a purchase order modification and First Amendment to a Non-Professional Services Agreement with Ken Grody Ford Redlands, LLC. to a not-to-exceed amount of $325,312 to provide Ford OEM parts and repair services for the City

2. RECOMMENDATION:

Staff recommends that the City Council approve an amendment to an agreement with Southern California Fleet Services, Inc. to increase the total compensation to an amount not to exceed $2,887,000. Staff further recommends that the City Council adopt Resolution No. 8496 amending Resolution No. 8331 approving a purchase order modification and First Amendment to a Non-Professional Services Agreement with Ken Grody Ford Regular Redlands Meeting of 07-05-2023
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Redlands, LLC to a not to exceed amount of $325,312 to provide Ford OEM parts and repair services for the City.

DISCUSSION:

The City of Redlands Facilities and Community Services Department's Equipment Maintenance Division oversees the maintenance of approximately 470 vehicles and the City’s fuel station. In June 2021, the City Council approved an agreement with Southern California Fleet Services, Inc. to provide onsite fleet maintenance and repair services.

During Fiscal Year 2022-23, the Equipment Maintenance Division experienced staffing shortages, resulting in a need for increased contractual services. During the transition to new contractual staff and interim city staff, the ordering of parts was shifted to the contracted vendor from the City issued purchase orders. The cost of the parts utilized the existing funds on the Purchase Order for Southern California Fleet Services, Inc. This has been corrected. However, additional funds need to be added to the agreement and purchase order to cover the expenses. In addition, increased labor costs will be incurred as contracted mechanics work overtime on extra days to cover the upcoming holiday schedule of the solid waste collection services. The additional costs associated with the expense of parts are included in purchase orders with other established vendors and will not result in an increase to the budget line item. The second amendment will increase the not-to-exceed amount of the second term of the agreement to $1,106,000 and to increase the not-to-exceed amount of the third and final term of the agreement to $1,106,000 resulting in a total three-year agreement amount not-to-exceed amount of $2,887,000.

In addition, on June 1, 2022, the City Council approved the annual purchase orders for the Facilities and Community Services Department, Resolution No. 8331 that included a sole-source purchase order with Ken Grody Ford Redlands, LLC for the supply of Ford Original Equipment Manufacturer (OEM) parts and repair services on an as-needed basis. OEM parts have unique design features that cannot be replaced by non-OEM parts and the use of alternate parts would void a manufacturer's warranty. Due to an influx of vehicle repairs, the demand for OEM parts and repair services has significantly increased. Thus, staff is requesting adoption of Resolution No. 8496 amending Resolution No. 8331 approving a purchase order modification and First Amendment to a Non-Professional Services Agreement with Ken Grody Ford Redlands, LLC. to increase the not-to-exceed amount from $295,605 to $325,312.

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ALTERNATIVES:

City Council may elect not to approve the amendments or adopt Resolution No. 8496. However, this action will adversely affect the Division's ability to service the City's equipment.

STRATEGIC PLAN:

Not Applicable.

SUBMITTED BY:

Tabitha Crocker, Facilities and Community Service Director RECOMMENDED BY:

Charles M. Duggan Jr., City Manager
REVIEWED BY:

Yvette M. Abich Garcia, City Attorney
Janice McConnell, Assistant City Manager
Danielle Garcia, Management Services/Finance Director
Dana Abramovitz-Daniel, Procurement Manager
PREPARED BY:

Larry Alms, Senior Administrative Assistant
Fiscal Impact
Fiscal Year: FY 2022-23
Amount: $255,707
Budgeted Y/N: Y
Account No.: 607900
Discussion:

If the second amendment to the agreement is approved by the City Council, the agreement with Southern California Fleet Services, Inc. will increase by $226,000 for FY 2022-23. In addition, if approved, the purchase order with Ken Grody Ford Redlands, LLC. will increase by $29,707 for FY 2022-23. Sufficient funding for these services is included in the Equipment Maintenance Division's (607900) budget for Fiscal Year 2022-23 as approved by the City Council.

Fiscal Year: FY 2023-24
Amount: $431,000
Regular Redlands Meeting of 07-05-2023
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Budgeted Y/N: Y
Account No.: 607900
Discussion:

If approved by the City Council, the agreement with Southern California Fleet Services, Inc. will increase by $431,000 for FY 2023-24. Sufficient funding for these services is included in the Equipment Maintenance Division's (607900) budget for Fiscal Year 2023-24 as approved by the City Council.

Attachments
Resolution No. 8496 Amending Resolution No. 8331
Second Amendment-SoCal Fleet
First Amendment-SoCal Fleet
SoCal Fleet Agreement 6.21.23
First Amendment-Ken Grody
Ken Grody Agreement 6.21.23
Regular Redlands Meeting of 07-05-2023
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1 I:\cmo\Resolutions\8496_Amend_8331_Ken_Grody.docx-jm
RESOLUTION NO. 8496

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF REDLANDS AMENDING RESOLUTION NO 8331 TO AMEND A SINGLE/SOLE SOURCE

PURCHASE ORDER AND NON-PROFESSIONAL SERVICES AGREEMENT
WITH KEN GRODY FORD REDLANDS, LLC FOR THE CITY’S FACILITIES AND COMMUNITY SERVICES DEPARTMENT FOR FISCAL YEAR 2022-23

WHEREAS, the Facilities and Community Services Department regularly purchases a variety of supplies and services from to support City operations pursuant to bids for products and services in accordance with the Redlands Municipal Code; and

WHEREAS, on June 21, 2022, the City Council of the City of Redlands approved Resolution No. 8331 approving annual purchase orders for the City’s Facilities and Community Services Department for Fiscal Year 2022-23; and

WHEREAS, there is a need to amend the purchase order and Non -Professional Services Agreement with Ken Grody Ford Redlands, LLC dated June 21, 2022 due to increased vehicle repairs; and

NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF REDLANDS AS FOLLOWS:

Section 1. Section 8 of Resolution No. 8331 is hereby amended to read as follows:

“Section 8. The City Council hereby approves an agreement with Ken Grody Ford Redlands for Ford OEM parts and repair in an amount not to exceed $128,242 for the initial term, $98,535 for the first Extended Term; and $98,535 for the second Extended Term, bringing the total an amount not to exceed $325,312.”

Section 2. The City Council hereby approves the First Amendment to the Non - Professional Services Agreement with Ken Grody Ford Redlands, LLC , attached hereto and incorporated by reference herein as Exhibit “A”.

ADOPTED, SIGNED, AND APPROVED this 5th day of July 2023.

________________________
Eddie Tejeda, Mayor

ATTEST:

____________________________
Jeanne Donaldson, City Clerk
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2 I:\cmo\Resolutions\8496_Amend_8331_Ken_Grody.docx-jm
I, Jeanne Donaldson, City Clerk of the City of Redlands, hereby certify that the foregoing resolution was duly adopted by the City Council at a regular meeting thereof held on the 5th day of July, 2023, by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:

______________________________
Jeanne Donaldson, City Clerk

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3 I:\cmo\Resolutions\8496_Amend_8331_Ken_Grody.docx-jm

EXHIBIT A

FIRST AMENDMENT TO AGREEMENT WITH

KEN GRODY FORD REDLANDS, LLC

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1 I:\cmo\Agreements\2nd Amendment with So Cal Fleet FY22-0199.docx-jm

SECOND AMENDMENT TO AGREEMENT TO PERFORM NON-PROFESSIONAL

SERVICES FOR EQUIPMENT AND SUPPLIES

This second amendment (“ Second Amendment”) to the agreement for the provision of onsite fleet maintenance and repair services (“Agreement”), dated June 21, 2021, by and between the City of Redl ands, a municipal corporation and a general law city (“City”), and Southern California Fleet Services, Inc., a California corporation (“Consultant”), is made and entered into this 5th day of July, 2023.

RECITALS

WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement, specifically the compensation to contractor;

NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledged City and Consultant agree as follows:

AGREEMENT

Section 1. Article 5 of the Agreement, entitled “ Payments to Contractor ,” is hereby amended to read as follows:

“5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of six hundred seventy five thousand dollars ($675,000) for the Services provided during the Initial Term. The compensation for Contractor’s performance for the Services shall not exceed the amount of one million one hundred six thousand dollars ($1,106,000) for the first Extended Term; and one million one hundred six thousand ($1,106,000) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of two million eight hundred eighty seven thousand dollars ($2,887,000). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not -to-exceed amount in accordance with the rates specified in Exhibit “C,” titled “Fee Schedule,” which is attached hereto and incorporated herein by reference.”

Section 2. All other provisions of the Agree ment shall remain unchanged by th is Second Amendment and in effect.

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2 I:\cmo\Agreements\2nd Amendment with So Cal Fleet FY22-0199.docx-jm IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of July 5, 2023.

CITY OF REDLANDS SOUTHERN CALIFORNIA FLEET
SERVICES, INC.

________________________________ By: ________________________________ Eddie Tejeda, Mayor Tom Franchina, President

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk

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FIRST AMENDMENT TO AGREEMENT TO PERFORM NON- PROFESSIONAL

SERVICES FOR EQUIPMENT AND SUPPLIES
This First Amendment (" First Amendment") to the agreement for the provision of onsite fleet maintenance and repair services (" Agreement"), datedJune1, 2021, by andbetweenthe City of Redlands, a municipal corporation and a general law city (" City"), and Southern California Fleet Services, Inc., a California corporation (" Consultant"), is madeandenteredintothis 18thdayof April, 2023.

RECITALS
WHEREAS, it is the desire of the City and Consultant to amend their existing Agreement, specifically the payments to contractor;
NOW, THEREFORE, for goodandvaluableconsiderationin thereceiptof which is hereby acknowledged City and Consultant agree as follows:

AGREEMENT
Section 1. Article 5 of the Agreement, entitled " Payments to Contractor," is hereby amended to read as follows:

The compensation for Contractor' s performance of the Services shall not exceed the amount of six hundred seventy-five thousand dollars ($ 675,000) for the Servicesprovided during the Initial Term. The compensation for Contractor' s performance for the Services shall not exceed the amount of eight hundred eighty thousand dollars ($ 880, 000) for the first Extended Term; and six hundredseventy-five thousanddollars ($675,000) for the secondExtendedTerm, bringing the totalpossibleamountof compensationto anot -to -exceedamountof two million two hundredthirty thousand dollars ($ 2, 230, 000). For the Initial Term and each Extended Term, City shall pay Contractoron a time andmaterialsbasisup to the not to not -to -exceedamountin accordancewith the rates specified in Exhibit " C," titled " Fee Schedule," which is attached hereto and incorporated herein by reference.

Section 2. All other provisions of the Agreement shall remain unchangedby this First Amendment and in effect.

SIGNATURES ON NEXT PAGE]
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IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of April 18, 2023.

CITY OF REDLANDS
Eddie Tejeda, Mayor
ATTEST:

Donaldson, City Clerk
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SOUTHERN CALIFORNIA FLEET
SERVICES, INC.

By: / 0192, P-
Tom Franchina, President
Regular Redlands Meeting of 07-05-2023
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AGREEMENT TO PERFORM NON- PROFESSIONAL SERVICES FOR

EQUIPMENT AND SUPPLIES
This agreement for the provision of onsite fleet maintenance and repair services Agreement") is made and entered in this 1st day of June, 2021 ("Effective Date"), by and between the City of Redlands, a municipal corporation ("City") and SouthernCalifornia Fleet Services, Inc. a California corporation (" Contractor '). City and Contractor are sometimes individually referred to herein as a `Party' and, together, as the ` Parties. In consideration of the mutual promises contained herein, City and Contractor agree as follows:

ARTICLE 1 — ENGAGEMENT OF CONTRACTOR

1. 1 City hereby engages Contractor to perform onsite fleet maintenance and repair services for City ( the ` Services").

1. 2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services.

ARTICLE 2 — SERVICES OF CONTRACTOR

2. 1 The Services that Contractor shall perform are more particularly described in Exhibit A, titled ` Scope of Services, which is attached hereto and incorporated herein by reference.

2. 2 Contractor shall comply with applicable federal, state and local laws and regulations in the performanceof this agreementincluding, but not limited to, anyapplicableStateprevailing wage laws.

ARTICLE 3 — RESPONSIBILITIES OF CITY

3. 1 City shall make available to Contractor information in its possession that may assist Contractor in performing the Services.

3. 2 City designatesChris Boatman, Facilities and Community ServicesDirector, as City' s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receiveinformation, interpretanddefine City' s policies and decisions with respect to performance of the Services.

ARTICLE 4 — PERFORMANCE OF SERVICES
4 1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit ' B, titled ` Preventative Equipment MaintenanceSchedule, which is attachedhereto and incorporatedherein by reference.

The Services shall commence on June 5 2021
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4. 2 The Initial term of this Agreement shall commence on its Effective Date and ending on June 30, 2022 ( the ` Initial Term"). City shall have the option to extend the Initial Term of this Agreement by two ( 2) additional terms (each, an `Extended Term"), on the same terms and conditions, by providing written notice to Contractor at least thirty ( 30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are collectively referred to herein asthe ` Term' of this Agreement.

4. 3 If Contractor s Services include deliverable electronic visual presentation materials, such materialsshall bedelivered in a form, andmadeavailableto the City consistentwith City Council adopted policy for the same. It shall be the obligation of Contractor to obtain a copy of such policy from City staff.

ARTICLE 5 — PAYMENTS TO CONTRACTOR
5 1 The compensation for Contractor' s performance of the Services shall not exceed the amount of six hundred seventy five thousand dollars ($ 675,000) for the Services provided during the Initial Term. Should this Agreement be extended, the compensation for Contractor' s performance for the Services shall not exceed the amount of six hundred seventy five thousand dollars ($ 675,000) for the first Extended Term; and six hundred seventyfive thousanddollars ($675,000) for the secondExtendedTerm, bringing thetotal possible amount of compensation to a not -to -exceed amount of two million twenty five thousanddollars ($2,025,000). For the Initial Term and eachExtendedTerm, City shall pay Contractor on a time and materials basis up to the not to not -to -exceed amount in accordance with the rates specified in Exhibit ` C, titled ` Fee Schedule, which is attached hereto and incorporated herein by reference.

5. 2 Contractorshallsubmitmonthly invoicesto City describingtheServicesperformedduring the preceding month. Contractor' s invoices shall include a brief description of the Services performed, thedatesthe Serviceswereperformed, thenumberof hoursspentandby whom, and a description of reimbursable expensesrelated to the Services. City shall pay Contractorno later thanthirty (30) daysafter receiptandapprovalby City of Contractor s invoice.

5. 3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shallbe in writing. Any suchnotice shall be deemeddelivered (i) on the date of delivery in person; (ii) five ( 5) days after deposit in first class registered mail, with return receiptrequested; (iii) on the actualdelivery dateif depositedwith anovernightcourier, or iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneouslyby first class, certified, registered or expressmail; in eachcaseproperly postedandfully prepaidto the appropriateaddressset forth below or suchother addressasa Party may provide notice in accordancewith this section.

CITY.

City Clerk
City of Redlands
CONTRACTOR.

Tom Franchina, President
Southern California Fleet Services, Inc.
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35 Cajon Street
P.O Box 3005 (mailing)
edlands, CA 92373
jdonaldson@cityofredlands. org
Phone: ( 909) 798- 7531
Fax: ( 909) 798- 7535
2855 Sampson Avenue
Corona, CA 92879
tfranchina@socalfleet. com
Phone: ( 951) 272- 8655
ARTICLE 6 — INSURANCE AND INDEMNIFICATION

6. 1 The following insurancecoverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor.

Contractorshall provide City with certificatesof insuranceandendorsementsevidencing such insurance prior to commencement of the Services. Insurance policies shall include a provision prohibiting cancellation or modification of the policy except upon thirty ( 30) days prior written notice to City
A. Workers' Compensation and Employer' s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City or certification to City that Contractor is self- insured or exempt from the workers' compensation laws of the State of California. Contractor shall execute and provide City with Exhibit ' D, titled ` Workers' Compensation Insurance Certification, which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

B. ComprehensiveGeneral Liability insurancewith carriers acceptableto City in the minimum amount of One Million Dollars ($ 1, 000, 000) per occurrence and Two Million Dollars ($ 2,000,000) aggregate, for public liability property damage and personal injury is required. City shall be named as an additional insured and such insurance shall beprimary andnon-contributing to any insuranceor self-insurancemaintainedby City C. Business Auto Liability coverage, with minimum limits of One Million Dollars 1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability This coverage shall include all Contractor owned vehicles used in connection with Contractor' s provision of the Services, hired and non -owned vehicles, and employee non -ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non- contributing to any insurance or self- insurance maintained by City

6. 2 Contractor shall defend, indemnify and hold harmless City and its elected officials, employees and agents from and against any and all claims, losses or liability including attorneys' fees, arising from injury or deathto personsor damageto propertyoccasioned by anynegligentactor omissionby orthewillful misconductof, Contractor, orits officers, employees and agents in performing the Services.
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ARTICLE 7 — CONFLICTS OF INTEREST
7 1 Contractorcovenantsandrepresentsthat it doesnot haveany investmentor interestin any real property that may be the subject of this Agreement or any other source of income, interest in real property or investmentthat would be affectedin any manneror degreeby the performance of Contractor' s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

7. 2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor.

A. Does not make a governmental decision whether to:
i) approve a rate, rule or regulation, or adopt or enforce a City law. ii) issue, deny suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement, iii) authorize City to enter into, modify or renew a contract; iv) grant City approval to a contract that requires City approval and to which City is a party or to the specifications for such a contract; v) grant City approval to a plan, design, report, study or similar item; vi) adopt, or grant City approval of, policies, standardsor guidelines for City or for any subdivision thereof.

B. Doesnot servein a staff capacitywith City and, in that capacity participatein making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City' s Conflict of Interest Code under Government Code section 87302.

7. 3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, Statement of Economic Interests, with the City Clerk' s office pursuant to the written instructions provided by the City Clerk.

ARTICLE 8 — GENERAL CONSIDERATIONS

8. 1 In theeventany action is commencedto enforceor interpretany of thetermsor conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys fees, including fees for the use of in- house counsel by a Party

8. 2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agrcement. Any assignment or attempted assignment without such prior written consent may in the sole discretion of City results in City' s immediate termination of this Agreement. 4 L;\ ea\djnMt; its\ Southern Califo Fleet Services Agreement. NPS- 2. 1. 17Y20- 0117. docxjn Regular Redlands Meeting of 07-05-2023
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8. 3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Servicesasan independentcontractor. Neither City nor any of its agentsshall have control over the conduct of Contractor or Contractor s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City Contractor shall have no authority express or implied, to act on behalf of City in any capacity whatsoeverasanagent, nor shallContractorhaveanyauthority expressor implied, to bind City to any obligation.

8. 4 This Agreement may be terminatedby City in its solediscretion, by providing not less than ten ( 10) days prior written notice to Contractor of City' s intent to terminate. If this Agreement is terminated by City an adjustment to Contractor' s compensation shall be made, but ( 1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five ( 5) days of the date of the termination notice, deliver or otherwise make available to City copies ( in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro -rata basis for Services completed up to the date of termination.

8. 5 Contractor shall maintain books, ledgers, invoices, accounts and other records and documents evidencing costs and expenses related to the Services for a period of three ( 3) years, or for any longer period required by law from the date of final payment to Contractor pursuant to this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

8. 6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are supersededby this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor

8. 7 This Agreement shall be governed by and construed in accordance with the laws of the State of California.

8. 8 If one or more of the sentences, clauses, paragraphs or sections contained in this Agreement is declaredinvalid, void or unenforceableby a court of competentjurisdiction, the same shall be deemed severable from the remainder of this Agreement and shall not affect, impair or invalidate the remaining sentences, clauses, paragraphs or sections contained herein, unless to do so would deprive a Party of a material benefit of its bargain under this Agreement.
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IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement

CITY NDS SOUTHERN CALIFORNIA FLEET

SERVICES, INC
By. By ?» t- P -,aite
Paul T Barich, Mayor Torn Francluna, President
ATTEST
By
3 Donaldson, City Clerk
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EXHIBIT " A"

SCOPE OF SERVICES
Time estimatesfor equipmentrepairsarenot to exceedthe industrystandardrepairguidelinesusingsources such as, Chilton, Mitchell or All Data time. Additional time above and beyond guideline will not be accommodated unless previously approved in writing or email by an authorized City representative.

The Scope of Work and Specifications are a general guide, and are not intended to be all- inclusive list of all the work necessaryfor providing the Onsite Fleet MaintenanceandRepair Programscope. It shall be the Contractor's responsibility to developand implement a preventative maintenance (PM) program to effectively maintain all vehicles and equipment listed in the Fleet Availability Performance Standards Tables ( Table A List of Fleet Vehicles; Table B — List of Enterprise Vehicles, Table C — Vehicle Descriptions) to the satisfaction of City' s Representative.

The current hours of operation for City staff at the Fleet Facility is Monday through Friday from 6:00 am to 4. 30 pm. The Contractor will be required to have technician' s onsite from 7: OOam until 10: 30prn.

Monday through Thursday and Fridays from 7.00am to 8:30 pm. Schedule is not set and is workable.

Personnel Requirements are as follows:

Three ( 3) fleet technicians
o Two ( 2) technicians will be onsite Monday through Thursday from 2pm- 10: 30pm and Fridays from 12pm- 8: 30pm.
o One ( 1) technician will be onsite Monday through Friday from 7am-3 30pm o One ( 1) light duty service truck to perform onsite BIT inspections.

Admin Staff:
o One ( 1) admin staff onsite once week, each Thursday from 8am-4. 30pm. Admin staff shall be responsible for processing paperwork, and creating weekly invoices.

Janitorial Service:
o One ( 1) person onsite ( part- time) Monday through Thursday from 6am- 1lam.

Contractor will ensureall employee's certifications and licensesmust stay current, ineluding, but not limited to
Class AIB License
ASE' s
Forklift
Contractor will not use the contracted assets or other City furnished property for work on vehicles or equipment not owned or leased by City unless otherwise authorized by City City property will not be used in any manner for any personal advantage, business gain, or other personal endeavors by Contractor or Contractor' s employees other than in the performance of the work described in the Agreement, unless otherwise authorized.

Within ten (10) daysof Agreementaward, Contractor shall schedulewith City ajoint facility inspectionfor the purpose of identifying pre- existing deficiencies pertaining to the buildings, utility systems, equipment, andotherassets. ContractorandCity will togethermakeacompleteandsystematicinspectionandinventory of all structural, mechanical, electricalandfurniture to which Contractor will haveaccessduring thecourse of the Agreementperiod. Contractorwill thenprepareandsubmit to City aPre -Existing Deficiency Report 7 L:\ ca\ djm\ Agreements\ Southern Califor Fleet Services Agreement. NPS- 2. . FY20- 0117. docx. jn Regular Redlands Meeting of 07-05-2023
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describingall observeddeficienciespertaining to thebuilding structure, systems, equipment, or otherassets noted during thejoint inspection. Contractorwill include and identify aspart of this listing, any facility feature or system which is functional but which should be considered for replacement or upgrade due to age or overall condition.

City does not warrant or guarantee against the possibility that safety or environmental hazards or potential hazardsmay exist at this facility Contractorshall be responsiblefor identifying anyhazardousconditions locatedin the facility andnotifying City in writing within thirty ( 30) daysof AgreementAward. This will be accomplished by conducting an environmental assessmentand an occupational, health, and safety inspection of facility acceptable to City Contractor will be responsible for the conduct of the assessment and inspection and will pay for the cost of these services.

City will be responsiblefor supplyingheat, water andelectricity to thesefacilities. Contractormay useCity phone system, but must pay for local service, equipmentchargesand long distancecalls. In using these facilities, Contractor will develop and adhereto an energyconservationplan that is consistentwith City policy To the extent Contractor operatesthesefacilities in a manner that unnecessarilyincreasesutility costsincurredby City (e.g. doesnot turn off lights whenappropriateto conserveenergyandutility usage), City may chargeContractorthe excessutility costsof suchpractices.

City will be responsible for preventative maintenanceand repair of facility structure and all elements containedtherein that are subletto Contractor andthat arethe property of City unlesssuchrepair is dueto negligence of Contractor.

City from time to time, may add equipment, tools, or furniture to the garage and will entertain Contractor recommendationsin this regard. Theseitems will be addedto the inventory of itemsthat areContractor's responsibility asthey areput into service. Alternatively Contractormay purchaseandinstall equipmentin the garage upon approval by City At the conclusion of the Agreement, City shall have the option to purchase this equipment at its depreciated cost. If City elects not to purchase this equipment, Contractor will remove the equipment and return the garage to its pre -equipment installation condition.

Hazardous Material Disposal
Contractor will be responsible for disposal of all wastes ( e.g. used oils, oil filters, coolants, transmission fluids, tires, etc.) generated during the course of the Agreement. Disposal of all waste materials will be done in accordancewith City County StateandFederallaws andregulations. Contractorwill train its employees in working with and handling hazardousmaterials, and will obtain all necessarypermits for storage, handling and disposing of waste material in an enviromnentally acceptable and lawful manner.

Contractorwill maintain records, including Material SafetyData Sheets (MSDS) andcontingencyplansfor handling a spill or mishap, on all hazardous chemicals and other hazardous wastes, which will contain the materials original, use, transportation, and ultimate distribution and disposal.

Contractorwill aid City Staff with anannualCertified Unified ProgramAgency (CUPA) Filing.

Contractor will be responsible for assuring that as much as possible, the disposal of items will be recycled and in keeping with City' s Green Initiative.

Diesel Particulate Filters
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Parts Procurement
Contractor may utilize City existing parts procurement contracts for their existing term( s). Contractor shall demonstrate to City that he/she/it is receiving the preferred customer pricing for City for all other parts or supplies.

In the spirit of competitive pricing and the best interest of City Contractor shall indicate their best markup costs, if any in the Proposal. City reserves the right to purchase parts directly for Contractor' s use in effecting maintenanceor repairs, whetherfrom existing contractsor from anyvendor of its choice.

Repairs
Contractor must be an authorized Enterprise Fleet Management vendor for repairs and maintenance.

Estimatesfor equipment repair are not to exceedthe industry standardflat rate repair guidelines using sources such as, Chilton, Mitchell or All Data time. Additional time and charges above and beyond guideline will not be accommodated unless previously approved by City Representative.

If it is determinedthat a City vehicle needsrepairsbeyond regularmaintenancesuch asnew brakes, tires, major electrical improvements, or other repairs deemedasnecessarythe PreventativeMaintenanceform will become a repair work order The City Representative will be contacted to obtain authorization to proceed before any repairs are performed, as required by California State law The Contractor will not perform the repair until receiving approval from City Representative in writing or e-mail. Contractor will alsoadviseCity Representativeof the estimateddowntime before completingthe repair Work shall not be sub -contracted without approval from City Representative. Any subcontractor to be utilized for maintenance or repair work shall meet City' srequired qualifications, repair certificates, licenses, and insurance requirements and provide repair and maintenance as provided in the turnaround time requirements identified in the Agreement.

Warranty and Recall Work
Contractor will administer all warranties and recalls, both for vehicles and parts, associated with management of City' s fleet. Contractor will be required to attempt to obtain authorization from various vehicle manufactures to perform in house warranty work on City vehicles. Such work will be reimbursed directly to theContractorby the manufacturerandCity will beheld harmlessfrom paymentfor suchwork.

Work performedby theContractor for which reimbursementis provided by the manufacturerswill not be billed to City Contractorcansendwarranty or recall work out to others, subjectto applicableprovisions of the manufacturer' s warranty when it is more cost-effective to City to do so. Contractor will be responsible for any deductible on work performed at a dealership. The cost of repairs made if a vehicle is sent out for suspected warranty work — and the suspected problem is not warrantied — will be absorbed by Contractor as part of the annual maintenance cost.

Emission ( Smog) Testing / Opacity Testing
Emissiontesting shall beperformedannually on qualifying vehiclesby Contractor. Due to configuration of City's fleet, therewill bevehiclesto testeveryyearbasedon vehicleidentification numbers. Opacity testing doneannually with comprehensiverecordsmaintained.

DOT/ BIT Inspection Vehicles ( Heavy Trucks, Trailers and Buses) Contractor shall manage and City' s DOT/ BIT Inspection to include, but not limited to:
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1) Serviced accordingly every 90 days as per DOT guidelines with CHP approved checklists 2) Maintain records for all vehicles regulated by DOT per DOT and CHP guidelines City will manageandmaintain personnelrecordsandconductrandomdrug screeningfor City employees affectedby the DOT/BIT program.

Management Information System
City shall provide and maintain all software and hardware needed for the Ron Turley & Associates ( RTA) Fleet Management Software, Version 7. 3. 2. 2. 0 System.

The Contractorwill be responsiblefor accuratedaily entry of all work order information, (e.g. parts, labor, repair type, outside vendor repair costs, etc.) into the RTA Fleet Management System.

The Contractor will follow existing City Policies with respect to adding or modifying any information to the RTA Fleet Management Software.

Sensitivity of City Property
Contractor must acknowledge that certain property owned by City is sensitive in nature and requires concertedefforts by Contractor to insurethat the sensitivenature of suchproperty is not compromised.

Vehicles designatedby City asunmarkedpolice undercovervehicleswill be servicedandmaintainedby Contractor. Contractor will insure that the confidential and sensitive nature of these vehicles, including, but not limited to, the specialequipmentinsidethe vehiclesaremaintained. Securityproceduresby Contractor for such vehicles will include written acknowledgement of the agreement of staff to:

A) Control and limit discussion about these vehicles
B) Prohibit handling and tampering with special machinery and tools C) Insuring that the integrity of the mechanics and other staff and subcontractors is sufficient Turn Around Time — Public Safety
In the course of maintenance and repair of City owned Police vehicles, there shall not be more than 10% of the safetyfleet down at onetime for maintenanceor repair. Repairswill needto be coordinatedwith City Representative to minimize equipment downtime for response.

Safety Requirements
Contractor shall be solely and completely responsiblefor conditions of thejobsite, including safety of all persons (including employees) andproperty during performanceof the work. This requirementshall apply continuously and not be limited to normal working hours. Safety provisions shall conform to U. S.

Department of Labor ( OSHA), California Department of Labor ( CAL) and all other applicable federal, state, county andlocal laws, ordinances, codesandregulations. Whereanyof thesearein conflict, themore stringentrequirementshall be followed. Contractor s failure to thoroughly familiarize themselveswith the aforementioned safety provisions shall not relieve them from compliance with the obligations and penalties set forth therein. City reserves the right, but is not obligated to make safety inspections at any time Contractor is on City property and to ensure safety rules are not being violated. 10 L:\ ca\ djm\ Agreements\ Southen Califor is Fleet Ser Agreement. NPS- 2. 1.FY20- 0117. docx. jn Regular Redlands Meeting of 07-05-2023
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A) Contractor will furnish adequate safety equipment and comply with the various OSHA regulationsestablishedby the FederalGovernment, the Stateandamendmentsandchangesthatmay occur from time to time. Contractor will maintain safety records in connection with its operation of City facilities recording the relevant details regarding any accidents or injuries occurring on City of Redlands property B) All work will be conductedin asafemannerandwill comply with therequirementsof Stateand local rules and regulations and OSHA safety standards. Prior to commencement of the work, Contractor will meetin conferencewith a representativefrom the Risk ManagementDivision to discussand develop a mutual understanding relative to the administration of City safety program.

C) If at any time Contractor fails or refusesto comply with Federal, State, or City of Redlands safety requirements; City may issue an order to stop all work until satisfactory corrective action has been taken. No part of the time lost due to any such stop order will be made the subject of any claims for excess cost, damageor extension of time againstCity its agentsor employees.

D) Contractor will report to City all accidents ( personal injury vehicle or equipment damage) within twenty- four ( 24) hours of their occurrence or discovery Additional Duties
A) Road calls in field
B) Minimal welding and fabrication
C) Large truck and car tire repairs and installation
D) Unload deliveries for warehouse/ UPS/ Fed- Ex
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Fleet Availability Performance Standards
Table A — List of Vehicles
Thesevehiclesdo not accruedowntime until thenext businessdaybegins. Accident damagerepairs, acts of natureor any time spentwaiting for customerapprovalto precedewith repair doesnot accruedowntime. 12 L:\ unajtmgr Its \ South Califo nia Fleet Se vic Agi rt.NPS-2. I.FY20-0117.docx.p

DEPARTMENT/ FLEET

MONTHLY

AVAILABILITY
GOAL
1 Entire City of RedlandsFleet Between 95% and 97%
2 Police — Available 24 x 7 Between 95% and 97%
3 Solid Waste* -Available 8 — 9 Hours per businessday
a. Commercial Collections
b. Residential Collections
c. Recycling
Between 95% and 97%
4 a. Water Production*
b. Water Distribution*
c. Waste Water*
Between 94% and 97%
5 a. Building & Safety*
b. Parks*
c. Building Maintenance*
d. Electrical*
Between 94% and 97%
6 a. Code Enforcement*
b. Animal Control*
c. Cemetery*
d. Meter Readers*
Between 95% and 97%
7 a. FCS*
b. Senior Transport*
Between 94% and 97%
8 a. Recreation*
b. Streets*
c. Street Trees*
Between 94% and 97%
9 MUED
a. Administration*
b. Engineering*
Between 94% and 97%
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EXHIBIT " B"

PREVENTATIVE EQUIPMENT MAINTENANCE SCHEDULE
Preventative maintenance shall be defined as scheduled routine inspection, servicing, repair and replacement of equipment components on a regular basis so as to facilitate operations with a minimum of downtime. The preventative maintenance program shall be in accordance with industry recognized best Onsite Fleet Maintenance and Repair Program practices, and shall comply with the original equipment manufacturer ( OEM) specifications.

Safety Checklist: The listed items must be inspected, serviced and/or repaired at every PM interval. 1 Headlights ( High and Low Beams) 9 Steering and Suspension Components 2 Beam Indicator Lamp 10 Windshield Wipers and Washers
3 Parking Lights 1I Horn and/or Audible Warning Devices ( Siren, etc.) 4 License Plate Light_ 12 All Interior and Exterior Mirrors 5 Tail/ Stop Lights 13 Exhaust Pipes and all Hanger/ Clamps 6 Turn Signals 14 Seat Belts
7 Hazard and 4 Way Lights 15 Window Operation and Door Locks 8 Emergency/ Parking Break 16 Tire Pressure and Wear
Preventative Maintenance Level A Service ( PM - A)
Perform all itemslisted every3000miles orfour months, whichever occursfirst, on all cars, light trucks ( 1 ton and below) vans, utility vehicles, etc. Exceptions from the PM work listed will beconsideredif approvedby theCity Representative.
1 Inspect service and repair all interior lights.
2 Inspect, service and refill fluid levels:
a. Coolant
b. Windshield Washer Solvent
c. Transmission
d. Differentials
e. Power Steering
f Brake Fluids
3 Inspect, serviceandrepair chargingsystem, batteryterminals, cablesandbox 4 Inspect, serviceandrepair heating/air conditioning system 5 Inspect, serviceandrepair frame, crossmembersandbodyjoints 6 Inspect, serviceandrepair the enginestarting componentsand circuits 7 Inspect, service and repair drive train components
8 Inspect, serviceandrepair any noted oil, fuel, coolant or other fluid leaks 9 Inspect, service and repair air emission Filters and valves as needed 10 Inspect, service and repair drive belts, hoses and clamps 11 Inspect, service and repair all gauges for proper calibration and operation 12 Inspect, service, repair and lubricate all grease points on chassis, body booms, hoists and winching mechanisms
13 Change engine oil and filter — products shall meet OEM specifications 14 Inspect, serviceandreplaceair filter asnecessary
15 Inspect, service, repair/replacetires asnecessaryReplaceat3/32 inch treadlife. 16 Inspectbrakes, repair/*replaceasnecessary
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NPS - 2. 1 ( 2/ 26/ 20)
Preventative Maintenance Level B Service ( PM - B)
Perform item listed every 6,000 miles or 8 months, whichever occurs first. 1 Perform all items listed in PM - A
2 Inspect, service and repair emissions systems as required by original equipment manufacturer 3 Rotate and Balance all Tires — check for wear and replace as appropriate 4 Scope engine and perform minor tune up as necessary
5 Inspect and service brake components as necessary
Note: Every brakejob shall include completenew brake hardware kit and cleaning/repacking of wheel bearings.

Preventative Maintenance Level C Service ( PM - C)
Perform items listed every 9,000 miles or 12 months, whichever occurs first 1 Perform all items listed in PM - A and PM - B
2 Inspect and service transmission, which includes but is not limited to adjustment, fluid and filter changeasnecessaryand/or requiredby original equipmentmanufacturer _ 3 Perform front endalignment aswell asinspectfor work or broken components; replaceasnecessary 4 Drain, flush and replace differential fluids
5 Drain, flush and replace engine coolant
6 Remove all wheels and inspect brakes; * replace or repair as needed 7 Clean particulate diesel filters per OEM specifications 30, 000 Mile Service
Perform itemslisted every30,000miles
14 L:\ ca\ djn\ Agreements\ Southe Califo Fleet Se Agreen rt. NPS- 2. 1. FY20- 0117. docx Perform a pressure check of the coolant system for leaks. Drain coolant and perform black flush to system. Replace coolant; tighten all hose clamps and fittings. 2 Change air and fuel filters
3 Performacompletesystemchecktoincludeignition/timing, thechargingvoltage, chargingamperage and the cranking amperage. The results must be recorded on the PM checklist. 4 Drain the transmission fluid, replace the filter, adjust the transmission bands and replace the pan gasket.

Fill transmission with manufacturer required type and specified amount of transmission fluid. Perform a roadtest to ensurefluid is circulated andbandsareproperly adjusted. 5 Replaceallsparkplugsandwires, distributorcapandrotor, PVCvalvewithnewOEMorbetter quality parts. Perform overhead service.
6 Remove thermostat and gasket and replace with new OEM or better quality part 7 A road test shall be performed for each preventative service performed for diagnosing problems, checking the effectiveness of repairs and testing overall operation of the vehicle. Technician to make recommendations as appropriate.
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NPS - 2. 1 ( 2/ 26/ 20)
EXHIBIT " C"
Fee Schedule
Labor Rates
Administrative Fee 50.00 / per day
Utility/ Custodial Fee 250.00 / per day
Tier 1 Technician x 2 69. 50 / per hour
Tier 2 Technician x 1 92. 00 / per hour
Tier 1 Technicians
Technicians dedicatedto the shop in Redlands. Rate is for light duty vehicles and equipment including preventive maintenance outlined in Exhibit ' B' of this agreement. Technicians will conduct preventative maintenance on all pieces of equipment. Any work outside of preventive maintenance and light duty repairs will be billed at Tier 2 rate
Tier 2 Technicians
Technicians dedicated to the shop in Redlands. Rate is for refuse trucks, medium and heavy- duty vehicles including preventive maintenance outlined in Exhibit ' B' of this agreement. Technicians will conduct preventative maintenance on all pieces of equipment.

Material / Parts / Subcontractor Rates
Parts Markup Cost + 15%
Subcontractor Costs Cost + 15%
No annual rate escalation will be applied
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EXHIBIT " D"

WORKERS' COMPENSATION INSURANCE CERTIFICATION
Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:
a) By being insuredagainstliability to pay compensationby oneor more insurersduly authorized to write compensation insurance in this State. b) By securing from the Director of Industrial Relations, a certificate of consent to self -insure, either as an individual employer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.

CHECK ONE
I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers' Compensation or to undertake self- insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. ( Labor Code § 1861).

I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers' compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers' compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers' compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

Southern California Fleet Services, Inc.

By itm Pi€zneidat Date: 05/ 24/ 2021
Tom Franchina, President
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16 Agrcement. NPS- 2. 1. FY20- 0l 17. docx
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FIRST AMENDMENT TO AGREEMENT TO PERFORM NONPROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This first amendment (“First Amendment”) to the agreement for the provision of Ford original equipment manufacturer parts and repair services (“Agreement”), dated June 21, 2022, by and between the City of Redl ands, a municipal corporation and a general law city (“City”), and Ken Grody Ford Redlands, LLC (“Contractor”), is made and entered into this 5th day of July, 2023.

RECITALS

WHEREAS, it is the desire of the City and Contractor to amend their existing Agreement, specifically the compensation to Contractor;

NOW, THEREFORE, for good and valuable consideration in the receipt of which is hereby acknowledged City and Consultant agree as follows:

AGREEMENT

Section 1. The Agree ment is amended to correct Contractor’s name to “Ken Grody Redlands, LLC.”

Section 2. Article 5 of the Agreement, entitled “ Payments to Contractor ,” is hereby amended to read as follows:

“5.1 Compensation: The compensation for Contractor’s performance of the Services shall not exceed the amount of one hundred twenty-eight thousand two hundred forty-two dollars ($128,242) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of ninety-eight thousand five hundred thirty-five dollars ($98,535) for the first Extended Term; and ninety-eight thousand five hundred thirty-five dollars ($98,535) for the second Extended Term, bringing the total possible amount of compensation to a not -to-exceed amount of three hundred twenty-five thousand three hundred twelve dollars ($325,312). For the Initial Term and each Extended Term, City shall pa y Contractor on a time and materials basis up to the not to not -to- exceed amount in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by reference.”

Section 3. Exhibit “B” of the Agreement, entitled “Fee Schedule,” is hereby amended and replaced by an amended Exhibit “ B”, which is attached hereto and incorporated herein by this reference as Attachment 1.

Section 4. All other provisions of the Agreement shall remain unchanged by this First Amendment and in effect.

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2 I:\cmo\Agreements\1st Amendment Ken Grody Ford FY22-0201.docx-jm IN WITNESS WHEREOF, the parties have executed this First Amendment, to be effective as of July 5, 2023.

CITY OF REDLANDS KEN GRODY FORD REDLANDS, LLC

________________________________ By: __________________________________ Eddie Tejeda, Mayor Trever DeSherlia, Parts & Service Director

ATTEST:

__________________________________
Jeanne Donaldson, City Clerk

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3 I:\cmo\Agreements\1st Amendment Ken Grody Ford FY22-0201.docx-jm ATTACHMENT 1

EXHIBIT "B"

FEE SCHEDULE

FORD OEM PARTS AND REPAIRS WITH PICK-UP AND DELIVERY OF VEHICLES

Item Description Unit Cost
1 Hourly Labor Rate $85.00
2 Pick-up and delivery charge, per vehicle $0.00
3 Parts and Materials: % Markup 8%

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AGREEMENT TO PERFORM NON-PROFESSIONAL SERVICES

FOR EQUIPMENT AND SUPPLIES

This agreement for the provision of Ford original equipment manufacturer parts and repair services (“Agreement”) is made and entered in this 21st day of June, 2022 (“Effective Date”), by and between the City of Redlands, a municipal corporation (“City”) and Ken Grody Ford Redlands, LLC (“Contractor”). City and Consultant are sometimes individually referred to herein as a “Party” and, together, as the “Parties.” In consideration of the mutual promises contained herein, City and Consultant agree as follows:

ARTICLE 1 – ENGAGEMENT OF CONTRACTOR

1.1 City hereby engages Contractor to perform Ford original equipment manufacturer parts and repair services for City (the “Services”).

1.2 The Services shall be performed by Contractor in a professional manner, and Contractor represents that it has the skill and the professional expertise necessary to provide the Services to City at a level of competency presently maintained by other practicing professional Contractors in the industry providing like and similar types of Services.

ARTICLE 2 – SERVICES OF CONTRACTOR

2.1 The Services that Contractor shall perform are more particularly described in Exhibit “A,” titled “Scope of Servi ces,” which is attached hereto and incorporated herein by this reference.

2.2 Contractor shall comply with applicable federal, state and local laws and regulations in the performance of this agreement including, but not limited to, any applicable State prevailing wage laws.

ARTICLE 3 – RESPONSIBILITIES OF CITY

3.1 City shall make available to Contractor infor mation in its possession that may reasonably assist Contractor in performing the Services.

3.2 City designates Chris Boatman, Assistant City Manager Director, as City’s representative with respect to performance of the Services, and such person shall have the authority to transmit instructions, receive information, interpret and define City’s policies and decisions with respect to performance of the Services.

ARTICLE 4 – PERFORMANCE OF SERVICES

4.1 Contractor shall perform and complete the Services in a prompt and diligent manner in accordance with the schedule set forth in Exhibit “A,” titled “Scope of Services,” which is attached hereto and incorporated herein by this reference.

4.1 The term of this Agreement shall be for a period of one (1) year commencing on July 1, 2023 (the “Initial Term”). The City shall have the option to extend the Initial Term of this Regular Redlands Meeting of 07-05-2023
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2 L:\ca\Agreements\Ken Grody Ford Redlands Agreement.NPS-2.1.FY21-0154.docx.jn Agreement by two (2) additional one-year terms (each, an “Extended Term”), on the same terms and conditions, by providing written notice to Contractor at least thirty (30) days prior to the expiration of the Initial Term or any Extended Term. The Initial Term and the Extended Terms are hereby collectively, referred to herein as the “Term” of this Agreement.

4.2 If Contractor’s Services include deliverable electronic visual presentation materials, such materials shall be delivered in a form, and made available to City, consistent with City Council-adopted policy for the same. It shall be the obligation of Contractor to obtain a copy of such policy from City staff.

ARTICLE 5 – PAYMENTS TO CONTRACTOR

5.1 The compensation for Contractor’s performance of the Services shall not exceed the amount of Ninety -Eight Thousand Five Hundred Thirty -Five Dollars ($98,535) for the Services provided during the Initial Term. Should this Agreement be renewed, the compensation for Contractor’s performance for the Services shall not exceed the amount of Ninety-Eight Thousand Five Hundred Thirty -Five Dollars ($98,535) for the first Extended Term; and Ninety-Eight Thousand Five Hundred Thirty-Five Dollars ($98,535) for the second Extended Term, bringing the total possible amount of compensation to a not-to-exceed amount of Two Hundred Ninety-Five Thousand Six Hundred Five Dollars ($295,605). For the Initial Term and each Extended Term, City shall pay Contractor on a time and materials basis up to the not to not-to-exceed amount in accordance with the rates specified in Exhibit “B,” titled “Fee Schedule,” which is attached hereto and incorporated herein by reference.

5.2 Contractor shall submit an invoice to City upon completion of the Services. City shall pay Contractor no later than thirty (30) days after receipt and approval by City of Contractor’s invoice.

5.3 Any notice or other communication required, or which may be given, pursuant to this Agreement, shall be in writing. Any such notice shall be deemed delivered (i) on the date of delivery in person; (ii) five (5) days after deposit in first class registered mail, with return receipt requested; (iii) on the actual delivery date if deposited with an overnight courier; or (iv) on the date sent by facsimile or electronic mail transmission (including PDF), if confirmed with a copy sent contemporaneously by first class, certified, registered or express mail; in each case properly posted and fully prepaid to the appropriate address set forth below, or such other address as a Party may provide notice in accordance with this section:

CITY CONTRACTOR
City Clerk Trever Desherlia, Parts & Service Director City of Redlands Ken Grody Ford Redlands
35 Cajon Street 1121 W. Colton Ave
P.O. Box 3005 (mailing) Redlands, CA 92374
Redlands, CA 92373 [email protected]
[email protected] 909-793-3211
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ARTICLE 6 – INSURANCE AND INDEMNIFICATION

6.1 The following insurance coverage required by this Agreement shall be maintained by Contractor for the duration of its performance of the Services. Contractor shall not perform any Services unless and until the required insurance listed below is obtained by Contractor.

A. Workers’ Compensation and Employer’s Liability insurance in the amount that meets statutory requirements with an insurance carrier acceptable to City, or certification to City that Contractor is self-insured or exempt from the workers’ compensation laws of the State of California. Contractor shall execute and provide City with Exhibit “ C,” titled “Workers’ Compensation Insurance Certification,” which is attached hereto and incorporated herein by this reference, prior to performance of the Services.

C. Business Auto Liability coverage, with minimum limits of One Million Dollars ($1,000,000) per occurrence, combined single limit bodily injury liability and property damage liability. This coverage shall include all Contractor owned vehicles used in connection with Contractor’s provision of the Services, hired and non-owned vehicles, and employee non-ownership vehicles. City shall be named as an additional insured and such insurance shall be primary and non- contributing to any insurance or self - insurance maintained by City.

6.2 Contractor shall defend, indemnify, and hold harmless City and its elected and appointed officials, employees and agents from and against any and all claims, losses and liability, including attorneys’ fees, arising from injury or death to persons or damage to property occasioned by any negligent act or omission by, or the willful misconduct of, Contractor, or its officers, employees and agents in performing the Services.

ARTICLE 7 – CONFLICTS OF INTEREST

7.1 Contractor covenants and represents that it does not have any investment or interest in any real property that may be the subject of this Agreement or any other source of income, interest in real property or investment that would be affected in any manner or degree by the performance of Contractor’s Services. Contractor further covenants and represents that in the performance of its duties hereunder, no person having any such interest shall perform any Services under this Agreement.

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7.2 Contractor agrees it is not a designated employee within the meaning of the Political Reform Act because Contractor:

A. Does not make a governmental decision whether to:

(i) approve a rate, rule or regulation, or adopt or enforce a City law; (ii) issue, deny, suspend or revoke any City permit, license, application, certification, approval, order or similar authorization or entitlement; (iii) authorize City to enter into, modify or renew a contract; (iv) grant City approval to a contract that requires City approval and to which City is a party, or to the specifications for such a contract; (v) grant City approval to a plan, design, report, study or similar item; (vi) adopt, or grant City approval of, policies, standards or guidelines for City or for any subdivision thereof.

B. Does not serve in a staff capacity with City and, in that capacity, participate in making a governmental decision or otherwise perform the same or substantially the same duties for City that would otherwise be performed by an individual holding a position specified in City’s Conflict of Interest Code under Government Code section 87302.

7.3 In the event City determines that Contractor must disclose its financial interests, Contractor shall complete and file a Fair Political Practices Commission Form 700, State ment of Economic Interests , with the City Clerk ’s office pursuant to the written instructions provided by the City Clerk.

ARTICLE 8 – GENERAL CONSIDERATIONS

8.1 In the event any action is commenced to enforce or interpret any of the terms or conditions of this Agreement the prevailing Party shall, in addition to any costs and other relief, be entitled to the recovery of its reasonable attorneys’ fees, including fees for the use of in- house counsel by a Party.

8.2 Contractor shall not assign any of the Services, except with the prior written approval of City and in strict compliance with the terms and conditions of this Agreement. Any assignment or attempted assignment without such prior written consent may, in the sole discretion of City, results in City’s immediate termination of this Agreement.

8.3 Contractor is for all purposes under this Agreement an independent contractor and shall perform the Services as an independent contractor. Neither City nor any of its agents shall have control over the conduct of Contractor or Contractor’s employees, except as herein set forth. Contractor shall supply all necessary tools and instrumentalities required to perform the Services. Assigned personnel employed by Contractor are for its account only, and in no event shall Contractor or personnel retained by it be deemed to have been employed by City or engaged by City for the account of, or on behalf of City. Contractor shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent, nor shall Contractor have any authority, express or implied, to bind City to any obligation.

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8.4 This Agreement may be terminated by City, in its sole discretion, by providing not less than ten (10) days prior written notice to Contractor of City’s intent to terminate. If this Agreement is terminated by City, an adjustment to Contractor ’s compensation shall be made, but (1) no amount shall be allowed for anticipated profit or unperformed Services, and (2) any payment due Contractor at the time of termination may be adjusted to the extent of any additional costs to City occasioned by any default by Contractor. Upon receipt of a termination notice, Contractor shall immediately discontinue its provision of the Services and, within five (5) days of the date of the termination notice, deliver or otherwise make available to City, copies (in both hard copy and electronic form, where applicable) of project related data, drawings, specifications, reports, summaries and such other information and materials as may have been accumulated by Contractor in performing the Services. Contractor shall be compensated on a pro-rata basis for Services completed up to the date of termination.

8.5 Contractor shall maintain books, ledgers, invoices , accounts and other records and documents evidencing costs and expenses related to the Services for a period of three (3) years, or for any longer period required by law, from the date of final payment to Contractor pursuant t o this Agreement. Such books shall be available at reasonable times for examination by City at the office of Contractor.

8.6 This Agreement, including the Exhibits incorporated herein by reference, represents the entire agreement and understanding between the Parties as to the matters contained herein, and any prior negotiations, written proposals or verbal agreements relating to such matters are superseded by this Agreement. Except as otherwise provided for herein, any amendment to this Agreement shall be in writing, approved by City and signed by City and Contractor.

8.7 This Agreement shall be governed by and construed in accordance with the laws of the State of California, without regard to its conflicts of laws provisions. The Parties agree that all actions or proceedings arising in connection with this Agreement shall be tried and litigated only in the state courts located in San Bernardino County, California, and the federal courts located in Riverside County, California.

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6 L:\ca\Agreements\Ken Grody Ford Redlands Agreement.NPS-2.1.FY21-0154.docx.jn IN WITNESS WHEREOF, duly authorized representatives of City and Contractor have signed in confirmation of this Agreement.

CITY OF REDLANDS KEN GRODY FORD REDLANDS

By: ___________________________ By: _________________________ Paul T. Barich, Mayor Trever Desherlia, Parts & Service Director

ATTEST:

___________________________
Jeanne Donaldson, City Clerk

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7 L:\ca\Agreements\Ken Grody Ford Redlands Agreement.NPS-2.1.FY21-0154.docx.jn EXHIBIT "A"

SCOPE OF SERVICES

CLASSIFICATION A:

Provide high quality Certified Ford Original Equipment Manufacturer parts and repair service to City-owned Ford Motor Company automobiles; including cars, light duty and medium duty trucks, vans, and SUVs. All repairs must use Ford Original Equipment Manufacturer replacement parts.

Contractor shall furnish all supplies, materials, labor, tools, equipment and transportation, and perform all requested services to the satisfaction of the City of Redlands.

Contractor shall be a Ford Motor Company authorized dealer capable of performing all warranty, diagnostic, general, and specialized repairs.

Contractor shall be able to provide factory authorized warranty and service support.

Pick-up and delivery:

Contractor shall provide pickup and delivery services as requested to the Equipment Maintenance Corporate Yard, 1270 W. Park Avenue #Bldg. E.

Contractor shall pick up and drop off, or arrange for pickup and drop off of City vehicles from City Corporate Yard, using shop tow truck or towing subcontractor.

Upon receipt of a request, vehicles are to be picked up by the contractor from the City Corporate Yard within 24 hours of request for repairs. Upon completion of the work, the contractor will have 24 hours to deliver the vehicle to the City Corporate Yard.

In the event that Contractor is unable to make pick up or delivery within 24 hours, or cannot complete the repair for any other reason, Contractor must inform Fleet Services Coordinator when the order is placed. In such a case, the City reserves the right to procure the service from another vendor.

All deliveries under this agreement shall be accompanied by one copy of a delivery tag. All delivery tags shall include the Contractor’s name, the City’s contact number, the date of the order, and itemized list of the materials furnished, including quantity, unit price and extension of each item, less applicable discount.

Repairs to Ford vehicles shall only be made after an itemized part and labor estimate has been submitted and authorization by the Fleet Services Coordinator has been provided to Contractor.

Upon completion of repair and delivery of vehicle, the vehicle shall be inspected before acceptance by the City’s Fleet Services Coordinator or Fleet Mechanics for workmanship, appearance, proper functioning of all items and equipment, and conformance to all other requirements of this specification. If deficiencies are found, it shall be the responsibility of the Regular Redlands Meeting of 07-05-2023
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8 L:\ca\Agreements\Ken Grody Ford Redlands Agreement.NPS-2.1.FY21-0154.docx.jn Contractor to pick up the vehicle, make necessary correction and redeliver the vehicle for re- inspection and acceptance. Payment will not be made until corrective action has been made.

Ford OEM Parts and Repairs

Contractor’s facility shall be located within a 10-mile radius of the intersections of Highways 10 and Tennessee Street, Redlands 92373.

Contractor shall be an established and factory authorized Original Equipment Manufacturer (OEM) parts dealer and/or service center for Ford products.

All items provided under this agreement shall comply with all applicable Federal, State and local regulations including State of California Motor Vehicle Code, if applicable.

Contractor shall maintain the minimum levels of information to assure that the correct and most current parts are used in service repairs, while providing the necessary technical support information.

Contractor shall maintain the required levels of products for which they are certified.

All items provided under this agreement shall be original equipment manufacturer (OEM) line of replacement parts. All items provided under this agreement shall be equivalent in function and workmanship to the parts originally supplied on the vehicle(s) unless superseded by the vehicle/equipment manufacturer. No generic parts shall be supplied.

Contractor shall maintain adequate local inventory of popular items and items regularly stocked by the City, to meet the City's emergency needs. Emergency needs shall be delivered within three (3) hours of order; or shipped within the same business day if available and Contractor's inventory location is not within the greater Redlands region. Wholesale parts shall be delivered within two (2) hours of order, if available, from the manufacturer. Back orders shall be filled within four (4) working days. The City shall be notified of all back-orders.

Availability and timely delivery are critical to the award and maintenance of this agreement.

Failure to maintain adequate inventory or provide timely delivery shall be grounds for termination.

If Contractor does not have the required part(s) in stock, Contractor personnel shall determine if the City's need is immediate. If Contractor does not have the required item(s) on a regular basis, and/or frequently obtains parts from other dealers, the City may determine that the bidder does not "maintain adequate inventory" and may terminate this agreement.

Contractor shall accept the return of unused and undamaged items purchased through this agreement at 100% of the contract price.

The provisions of this contract shall in no way prohibit the City from purchasing the same products and/or services listed herein from another supplier.

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9 L:\ca\Agreements\Ken Grody Ford Redlands Agreement.NPS-2.1.FY21-0154.docx.jn EXHIBIT "B"

FEE SCHEDULE

FORD OEM PARTS AND REPAIRS WITH PICK-UP AND DELIVERY OF VEHICLES

Item Description Unit Cost
1 Hourly Labor Rate $85.00
2 Pick-up and delivery charge, per vehicle $0.00
3 Parts and Materials: % Markup 8%

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10 L:\ca\Agreements\Ken Grody Ford Redlands Agreement.NPS-2.1.FY21-0154.docx.jn EXHIBIT "C"
WORKERS’ COMPENSATION INSURANCE CERTIFICATION

Every employer, except the State, shall secure the payment of compensation in one or more of the following ways:

(a) By being insured against liability to pay compensation by one or more insurers duly authorized to write compensation insurance in this State. (b) By securing from the Director of Industrial Relations, a certificate of consent to self-insure, either as an individual em ployer, or as one employer in a group of employers, which may be given upon furnishing proof satisfactory to the Director of Industrial Relations of ability to self -insure and to pay any compensation that may become due to his or her employees.

CHECK ONE

_____I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before commencing the performance of the work and activities required or permitted under this Agreement. (Labor Code §1861).

_____I affirm that at all times, in performing the work and activities required or permitted under this Agreement, I shall not employ any person in any manner such that I become subject to the workers’ compensation laws of California. However, at any time, if I employ any person such that I become subject to the workers’ compensation laws of California, immediately I shall provide the City with a certificate of consent to self -insure, or a certification of workers’ compensation insurance.

I certify under penalty of perjury under the laws of the State of California that the information and representations made in this certificate are true and correct.

KEN GRODY FORD REDLANDS

By: Date: ___________________
Trever DeSherlia, Parts & Service Director

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City Council/Successor Agency Meeting O. 3.

DATE: 07/05/2023
TO: The Successor Agency Board of Directors
SUBJECT: Approve the regular meeting minutes of June 6, 2023 (Secretary Donaldson)
MOTION:

I move to approve the regular meeting minutes of June 6, 2023.

Attachments
Regular Meeting Minutes of June 6, 2023
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MINUTES

Regular meetings of the City Council and the Board of Directors of the Successor Agency of the former Redevelopment Agency of the City of Redlands held in the Council Chambers, Civic Center, 35 Cajon Street, on June 6, 2023 at 5:00 P.M.

Present: Eddie Tejeda, Mayor
Paul Barich, Mayor Pro Tempore
Denise Davis, Council Member
Jenna Guzman-Lowery, Council Member
Mario Saucedo, Council Member
Staff: Charles M. Duggan, Jr., City Manager; Yvette M. Abich Garcia, City Attorney; Jeanne Donaldson, City Clerk; Janice McConnell, Assistant City Manager; Chris Boatman, Assistant City Manager; Carl Baker, Public Information Officer; Danielle Garcia, Management Services/Finance Director; Brian Desatnik, Development Services Director; John Harris, Municipal Utilities and Engineering Director; Rich Sessler, Fire Chief; Rachel Tolber, Interim Police Chief

Mayor Tejeda called the meeting to order. Council Member Davis announced that due to illness, she would attend tonight's City Council meeting via teleconference under AB 2449 "Just Cause". This is the second of the two allowable Just Cause exceptions under AB 2449.

Council Member Davis also announced that due to property ownership within 500 feet of the Grove School, she recused herself from Closed Session Item C-2 related to property negotiations with the Grove School.

The Mayor offered the public an opportunity to provide comment on any item on the agenda for the closed session and public comments could be presented in-person, via Zoom, via cell phone or landline.

PUBLIC COMMENT

Grove School - Andrew Christopherson, Head of Grove School and Trevor Norton described the partnership the school has built with the City over the last several years. Their desire was to continue to be good caretakers and develop a shared vision for the property. They asked the Council for clarity related to the maintenance and care of the property. Areas to be considered in the review included increased traffic and development, higher security needs and the lack of a defined boundary between Heritage Park and the school. It was unclear where Heritage Park began, and Grove School ended.

City Organizational Structure
- Steve Rogers voiced concerns about the City's organizational structure and, particularly, the engineering functions. He referenced his communication with the State Board of Registration for Professional Engineers, Land Surveyors and Geologists.

CLOSED SESSION

Conference with legal counsel: Existing Litigation - Government Code §54956.9(d)(1) CC_SA_June 6, 2023

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Redlands City CouncilJuly 5, 2023

Redlands City Council
July 5, 2023