Richmond City Council
December 2, 2025

RESOLUTION NO. ______

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND,

CALIFORNIA, TO ACCEPT AND APPROPRIATE, CONTINGENT UPON
AWARD, $11,224,449 IN PORT INFRASTRUCTURE DEVELOPMENT PROGRAM (PIDP) GRANT FUNDS AND $2,806,112 IN PORT ENTERPRISE FUND

MATCHING CONTRIBUTIONS FOR THE DOCK RESTORATION FOR

IMPROVED VEHICLE ENTRY (DRIVE) PROJECT, AND TO APPROVE A

CONTRACT AMENDMENT WITH MOMENTUM FOR GRANT MANAGEMENT

SERVICES, CONTINGENT UPON GRANT AWARD
WHEREAS, the U.S. Department of Transportation Maritime Administration (MARAD) administers the Port Infrastructure Development Program (PIDP), a competitive federal grant program to improve the safety, efficiency, and reliability of goods movement through U.S. ports; and
WHEREAS, the City of Richmond, acting through the Port Department and the Surplus Property Authority (SPA), submitted an application in response to the Fiscal Year 2025 PIDP Notice of Funding Opportunity (Funding Opportunity Number: MA-PID-25-001) for the Dock Restoration for Improved Vehicle Entry (DRIVE) Project at Berth 7; and WHEREAS, the DRIVE Project will rehabilitate aging wharf infrastructure to restore structural capacity, improve Roll On/Roll Off (RoRo) cargo handling operations, reduce vessel dwell times, and increase resiliency and safety, thereby unlocking the underutilized capacity of surrounding multimodal infrastructure; and
WHEREAS, MARAD seeks to obligate FY 2025 PIDP grant funds by September 30, 2029, with recipients required to fully expend their grant funds within five years of obligation, but no later than September 30, 2034, depending on the date of grant execution; and WHEREAS, the City’s PIDP application requested $11,224,449 in federal funds, with a total project cost of $14,030,561 and a proposed Port Enterprise Fund match of $2,806,112; and WHEREAS, City Council previously adopted Resolution No. 106-24 on October 1, 2024, approving eighteen (18) firms, including Momentum, to provide on-call grant writing and related services to City departments; and
WHEREAS, the Port initially entered into a contract with Momentum for Fiscal Year 2024– 25 under the City’s on-call grant services list, with a not-to-exceed amount of $50,000, to support various grant writing and technical assistance efforts, including preparation of the PIDP grant application; and
WHEREAS, following the expiration of the FY 2024–25 contract term, the Port executed a second on-call grant services contract with Momentum for Fiscal Year 2025–26, with a not-toexceed amount of $100,000, structured as $50,000 currently authorized and an additional $50,000 available subject to Port Director approval; and
WHEREAS, the proposed amendment for PIDP grant administration and compliance services would be executed as the first amendment to the FY 2025–26 contract with Momentum, consistent with their role during the grant application phase and pursuant to the City’s on-call procurement procedures; and
WHEREAS, pursuant to Richmond Municipal Code Chapter 2.52, the City may enter into multi-year professional services contracts for periods not to exceed five years; and WHEREAS, the proposed contract amendment with Momentum would have a term commencing upon execution of the PIDP grant agreement with MARAD and extending through June 30, 2030, consistent with the City’s fiscal year and within the five-year limit established under Chapter 2.52.

NOW, THEREFORE, BE IT RESOLVED by the Council of the City of Richmond, that, 329
Reso. No. _____

contingent upon award of the FY 2025 PIDP grant, it hereby accepts and appropriates $11,224,449 in PIDP grant funds and $2,806,112 in Port Enterprise Fund matching contributions into the Fiscal Year 2025–26 Port Enterprise Fund budget for the Dock Restoration for Improved Vehicle Entry (DRIVE) Project.

BE IT FURTHER RESOLVED that, contingent upon grant award, the Council of the City of Richmond approves a first amendment to the FY 2025–26 Momentum contract in an amount not to exceed $140,000, with a term commencing upon execution of the PIDP grant agreement and extending through June 30, 2030, and to make any necessary budgetary adjustments to implement the grant.
******************
***THE CLERK’S OFFICE WILL COMPLETE THE INFORMATION BELOW**** I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a regular meeting thereof held on Mmmm dd, yyyy, by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:

Mayor
Approved as to form:

City Attorney
State of California }
County of Contra Costa : ss.

City of Richmond }
I certify that the foregoing is a true copy of Resolution No. _____, finally passed and adopted by the City Council of the City of Richmond at a regular meeting held on Mmmm dd, yyyy.
_______________________________________
Pamela Christian, Clerk of the City of Richmond
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DocID #34720v1

CITY OF RICHMOND

CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, a public body corporate and politic, and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:

A California: corporation, limited liability corporation, general partnership, limited partnership, individual, non-profit corporation, individual dba as [specify:] _________________________________________ other [specify:] ___________________________________________________

2. Purpose. This Contract Amendment is being entered into to amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):

City Council Approval Date/City Manager Execution Date: ____________________________ Effective Date: ___________________; Termination Date: ____________________________ Payment Limit: ___________________.
[check box if applicable] The Contract was previously amended, as described in the amendment history attached to this Contract Amendment, and the terms and conditions of any amendments shall be deemed to be a part of the Contract.

3. Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Contract, including any amendments thereto, which are unaffected by this Contract Amendment, and which shall remain in full force and effect.

Department: City Project Manager:

City Project Manager E-mail: City Project Manager Phone No:

Vendor No: Contract No:

Description of Services:

Amendment No. ___ modifies the (check all that apply):

Term Payment Limit Service Plan
Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.

Economic Development/Port Charles Gerard [email protected] 510-620-6792 16797 7526 Grant Services for the Port of Richmond
1 ■ ■ ■
BUILD MOMENTUM 801 K Street, Suite 2080 Sacramento, CA, 95814 Alex Van der Hoeff (206) 850-6635 [email protected] 4006-8095 ■ October 1, 2024 July 1, 2025 June 30, 2026 $100,000
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DocID #34720v1 Modified January 14, 2025

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Contract.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section

7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Authority; Counterparts; Signatures. Each of the signatories hereto represents and warrants that he or she has the authority to execute this Contract Amendment for the Party on whose behalf he or she is executing this Contract Amendment. This Contract Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties may rely on electronic or scanned signatures as originals. Delivery of an executed signature page of this Contract Amendment by electronic format (including pdf) shall be the same as delivery of an original executed signature page.

CITY OF RICHMOND,
a municipal corporation
By: ________________________________
Title: ______________________________
Date Signed: ________________________
I hereby certify that this Amendment has been
approved by the City Council or executed by the
City Manager.

By: _______________________________
City Clerk
Approved as to form:

By: _______________________________
City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign below.)
By: ___________________________________
Title: __________________________________
*(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation or
nonprofit organization, this Contract (1) should be
signed by the Chairperson of the Board, President
or Vice-President and the Chief Financial Officer
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)

BUILD MOMENTUM
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DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
If no prior amendments, skip to next page.

The first Contract Amendment was approved by City Council or executed by the City Manager on ______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The second Contract Amendment was approved by City Council or executed by the City Manager on _________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The third Contract Amendment was approved by City Council or executed by the City Manager on _______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fourth Contract Amendment was approved by City Council or executed by the City Manager on ________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by City Council or executed by the City Manager on ________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved by City Council or executed by the City Manager on _______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
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DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:

TERM

PAYMENT
LIMIT

SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
________________________________________________________ (Insert Contract Effective Date)
and it terminates
________________________________________________________. (Insert new Contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $BBBBBBBBBBBBBBBBBB. Paragraph 3 of the Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $BBBBBBBBBBBBBBBBBBBBB including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.” The Service Plan (Exhibit A) of the Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.) ■
July 1, 2025 June 30, 2030 ■ 140,000 240,000 ■
See attached
334
Port of Richmond
Contract Agreement Number [To Be Determined Based on Award] Task Order Term [To Be Determined Based on Award]
Objective
The objective of this Task Order is to provide standard Grant Management Services (GMS) for Port of Richmond (hereafter referred to as “Client”) for the MARAD Port Infrastructure Development Program (PIDP) (hereafter referred to as “Agency”).

Scope of Work
Momentum will manage all administrative grant activities to support project progression and the timely development of deliverables specified in the project scope of work. Momentum will abide by all relevant Terms and Conditions as per the agency contract. These services may include but are not limited to the following:
• Project Management
• Grant Agreement Review
• Liaison at Agency and Sub-recipient Meetings
• Meeting Facilitation
• Material Preparation including Slide Decks and Follow Up communication • Budget Management
• Invoicing Management and Guidance
• Regulatory Compliance
• Monthly and Quarterly Reporting
• Final Reporting
• Contract Development
• Sub-recipient Monitoring
• Request for Proposal (RFP) Development
• Recordkeeping and Documentation Services
• Audit Preparation and Support
In addition to the standard GMS activities listed above, Momentum may also manage specific scope items as described by the Agency in the Grant Agreement and agreed upon with the Client upon award.

Momentum reserves the right to revise the listed budget after reviewing any additional scope items identified upon award.

Client Expectations
The Client is expected to have reviewed the grant agreement and all supporting documentation.

GMS activities will be managed by Momentum but will rely heavily on the participation of the Client and project partners. Momentum is responsible for ensuring the Client understands all upcoming grantTask Order 02 335
related due dates and deadlines but expects the Client to actively engage and contribute to the development of all deliverables. The Client is responsible for all activities outside of the above Scope of Work.

Budget
Momentum will perform the services listed above using Momentum’s standardized state-authorized time and materials rates (Appendix A) with a Not-to-Exceed (NTE) of $140,000. Momentum reserves the right to revise the listed budget after reviewing any additional scope items identified upon award.

Exclusions
Momentum reserves the right to terminate this agreement if the Client does not meet the requirements of the grant or the Client does not adhere to the responsibilities listed in the agreement with the Agency.

Invoicing
Momentum will submit a monthly invoice by electronic mail as soon as is administratively possible after the close of each calendar month, generally within ten (10) business days. Where appropriate, the invoice will include the services performed, the amount of time spent on those services, and travel and reimbursable expenses. Payment is requested within thirty (30) days of the invoice date.

This Task Order and the conditions and costs contained herein expire in 30 days of the Client’s 2025 PIDP Grant Agreement being signed with the Agency.

Authorized By
Signature Date
Name: _______________________
Title: _______________________
Invoice Contact
Name: _______________________
Title: _______________________
Email: _______________________
Phone: _______________________
336
Appendix A
2025 Momentum Rates
The Momentum rate sheet will be updated on an annual basis.

Department Rate
Operations
Specialist $135
Analyst I $135
Analyst II $156
Analyst III $176
Senior Analyst $218
Project Management --
Associate PM $135
PM I $156
PM II $176
PM III $197
Senior PM $238
Client Experience --
Associate CM $156
CM I $176
CM II $197
CM III $238
Senior CM $280
Content and Strategy --
Associate Strategist $176
Strategist I $218
Strategist II $259
Strategist III $300
Senior Strategist $342
Director - Industry $362
Management --
Manager I $238
Manager II $259
Director $362
VP, COO, CPO $517
CEO $776
337

December 2, 2025
Human Resources
DATE: December 2, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Shasa Curl, City Manager
Nickie Mastay, Deputy City Manager, Internal Services
Sharrone Taylor, Director of Human Resources
Subject: Year-End Closure from December 24, 2025, through January 1, 2026
FINANCIAL IMPACT: The estimated fiscal impact of the two paid holidays by bargaining unit is as follows:

SEIU Local 1021 ~ $358,008
IFPTE Local 21 (Mid-Management, Executive
Management and Unrepresented) ~ $373,499
SEIU Local 1021 Part-Time Unit (one-time lump payment
of $600) ~ $120,523
Total Fiscal Impact ~ $852,030

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

A City holiday office closure is proposed between
December 24, 2025, through January 1, 2026. December
25, 2025, and January 1, 2026, are designated as City
holidays. The City will compensate employees for full
days on December 24 and December 31. City Council
approval is required to approve side letter agreements
between the City and the impacted unions (SEIU 1021
General Employees Full-Time and Part-Time Units and
IFPTE Local 21 Mid-Management and Executive Units)
regarding the holiday closure.

AGENDA
REPORT
338

December 2, 2025
RECOMMENDED ACTION: ADOPT a resolution approving the Side Letters between the City of Richmond and Service Employees
International Union (SEIU) Local 1021 (Full-Time and
Part-Time Units) and International Federation of
Professional and Technical Engineers (IFPTE) Local 21
(Mid-Management and Executive Management Units)
regarding the holiday closure 2025 – Human Resources
Department (Sharrone Taylor/Nickie Mastay 510-620-
6602).

DISCUSSION:

The City of Richmond aims to be an employer of choice and recognizes the valuable contributions of its staff to the community. To support staff well-being, it is proposed that City offices close on December 24, 2025, and remain closed through January 1, 2026.

Offices will reopen on January 2, 2026.

December 25, 2025, and January 1, 2026, are currently designated as City holidays.

The City will compensate employees for full days on December 24 and December 31.

Certain departments, deemed critically essential, will maintain either full or minimal operations during this closure.

Employees are permitted to use available vacation, floating holidays, administrative leave, or compensatory time accruals for December 26, 29, 30, 2025. In addition, employees who do not have available accrual balances for December 26, 29, and 30, have the option to go into the negative in their floating holiday balance. The negative will be cleared using their January 2026 floating holiday accrual.  Police – Fully Operational
o Contact: Assistant Police Chief T. Simmons 510-620-6651  Fire – Operations Division will be open. Management staff are on call, administrative staff are off.
o Contact: Fire Chief Aaron Osorio 510-730-9891 (cell)
o Contact: Deputy Fire Chief Rico Rincon 510-719-8430
o Contact: Battalion Chief’s Office: 510-620-6989
 Community Services - Recreation
Richmond Recreation Complex - Winter Break Youth Camp, December 22, 2025 - January 2, 2026, and will be closed on the holidays - December 25 and January 1, 2025.

Aquatics will be open to the public during the following times:
 Richmond Plunge:
 Monday, Wednesday, Friday – 8:00am to 1:00pm
339

December 2, 2025
 Saturday – 8:00am to 12:30pm and 1:30pm to 3:30pm
 Richmond Swim Center:
 Tuesday – 7:00am to 12:00pm
 Saturday – 9:00am to 11:30am
 Sunday – 10am to 12:30pm and 1:30pm to 3:30pm
o Contact: Ranjana Maharaj, Deputy Director Community Services – Recreation: 510-385-4343 or 510-620-6972
 Community Services - Library
Open on December 22 - 23, 2025, regular hours, and closed December 24 – 26, 2025. Reopens on December 27 - 30, 2025, and closes December 31 and January 1 and will reopen on January 2, 2026.
o Contact: Kate Eppler, Deputy Director Community Services - Library 510-620-5452
o
 Human Resources – Management staff will be on standby. o Contact: Sharrone Taylor, Director of Human Resources 510-620-6602
 Information Technology – Essential employees are available for emergency issues.
o Contact: Sue Hartman, Director of Information Technology 510-620-6874
 Public Works – Minimal Staffing – The five Operations & Maintenance Divisions are considered essential services and have historically had mandatory minimal staffing during the City’s holiday season shutdowns:
 Abatement
 Facilities Maintenance
 Fleet Maintenance
 Parks Maintenance
 Streets Maintenance
o Contact: Tawfic Halaby, Deputy Director Public Works- Operations 510-672-4537
 Richmond Housing Authority - Staff will be on-call and the department will arrange for phone calls to be answered.
o Contact: Antoinette Terrell, Housing Authority Director 510-621-1300
o Contact: Nannette Beacham, Economic Development Director 340

December 2, 2025
510-648-9074
SEIU 1021 Part-Time Employees Unit: One-Time Lump Sum Payment The City recognizes the impact that the holiday closure will have on our part-time hourly employees and greatly appreciates the dedication and commitment of our front-line workers. To help mitigate the loss of wages during this period, the City has agreed to provide a one-time lump sum payment of $600 to active SEIU 1021 Part-Time Unit employees.

FISCAL IMPACT:

As part of the agreement with the full-time SEIU Local 1021, IFPTE Local 21 MidManagement, and Executive Management unions, the City will provide paid full days for December 24 and December 31, 2025. The fiscal impact of the two paid days and the $600 lump sum payment for part-time employees is approximately $852,030.

NEXT STEPS:

The City has negotiated the impacts of the holiday closure in good faith with the affected bargaining units. The parties have come to an agreement about the holiday closure as outlined in the side letter agreements (Attachments 2-5).

City staff is requesting that the City Council adopt the resolution approving the Holiday Closure side letter agreements between the City of Richmond and SEIU Local 1021 General Employees, SEIU Part-Time and Intermittent Unit, IFPTE Local 21 MidManagement Unit, and the IFPTE Local 21 Executive Management Unit.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution
Attachment 2 – Side Letter with SEIU Local 1021 General Employees Attachment 3 – Side Letter with SEIU Local 1021 Part-Time and Intermittent Employees Attachment 4 – Side Letter with Local 21 Mid-Management Unit Attachment 5 – Side Letter with Local 21 Executive Management Unit 341
RESOLUTION NO. _____

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA APPROVING SIDE LETTERS REGARDING A HOLIDAY CLOSURE FOR 2025 BETWEEN

THE CITY OF RICHMOND AND SERVICE EMPLOYEES INTERNATIONAL UNION (SEIU) LOCAL 21 (PART-TIME AND FULL-TIME UNITS) AND INTERNATIONAL FEDERATION OF PROFESSIONAL AND TECHNICAL ENGINEERS (IFPTE) LOCAL 21

MID-MANAGEMENT AND EXECUTIVE MANAGEMENT UNITS
WHEREAS, the City has negotiated in good faith with SEIU 1021 (Part-Time and FullTime Units) and IFPTE Local 21 (Mid-Management and Executive Units) regarding a holiday closure for 2025; and
WHEREAS, the parties have executed a Side Letter for each of the four bargaining units regarding the terms of a holiday closure for 2025;
WHEREAS, the Side Letter shall not bind the parties until it is ratified by a majority of SEIU Local 21 (Part-Time and Full-Time Units) and IFPTE Local 21 (Mid-Management and Executive Management Units) membership and ratified by the City Council; and WHEREAS, the Side Letter will establish a holiday closure for 2025 for December 24, 26, 29, 30, and 31; and
WHEREAS, the Side Letter will grant two City paid days for December 24, 2025, and December 31, 2025, for active employees in the SEIU Local 1021 General Full-Time Unit and IFPTE Local 21 Mid-Management and Executive Management Units; and WHEREAS, the Side Letter will grant a $600 lump sum payment to part-time active employees in the SEIU Local 1021 Part-Time Unit; and
WHEREAS, the adoption of these Side Letters will support a stable and amicable labor relations environment in the City.

NOW THEREFORE BE IT RESOLVED, that the City Council of Richmond approves the Side Letters with SEIU 1021 (Part-Time and Full-Time Units) and IFPTE Local 21 (Mid-Management and Executive Units) regarding a holiday closure on December 24, 26, 29, 30, and 31, the terms of which are set forth and marked as Exhibits A-D to this resolution. -----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:
342
AYES:

NOES:

ABSTENTIONS:

ABSENT:
_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
343
344
345
346
347

December 2, 2025
Human Resources
DATE: December 2, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager, Internal Services Sharrone Taylor, Director of Human Resources
Subject: Contract Amendment with Bob Murray and Associates for Recruitment Services
FINANCIAL IMPACT: The proposed expenditure of $34,000 is included within the Fiscal Year 2025-2026 baseline budget (Human
Resources – Recruitment Services Account String
01181016-400206).

PREVIOUS COUNCIL
ACTION:

July 1, 2025

STATEMENT OF THE
ISSUE:

There is an ongoing need to have contracts in place to
assist with the search for specialized positions. City staff is seeking to amend the exiting contract with Bob Murray & Associates to assist in this effort.

RECOMMENDED ACTION: APPROVE a contract amendment with Bob Murray & Associates to increase the payment limit by $34,000 for a total payment limit of $68,000, and extend the term
through December 31, 2026, for the purpose of
conducting recruitments for specialized positions -
Human Resources (Nickie Mastay/Sharrone Taylor 510-
620-6602).

AGENDA
REPORT
348

December 2, 2025

DISCUSSION
The value of external recruitment services is well-recognized. The City frequently relies on outside consultants to manage specialized and complex recruitment processes.

These consultants excel at sourcing candidates, possess extensive knowledge of the job market, and have the capacity to reach potential candidates nationwide. They typically have the resources, bandwidth, and expertise necessary to successfully fill specialized roles. Additionally, these consultants can provide guidance on job descriptions and salary recommendations, offering suggestions for edits that help achieve optimal recruitment outcomes when job openings are announced.

The City currently holds a contract with Bob Murray & Associates for the purpose of recruiting specialized positions and seeks to amend the current contract to allocate additional funds and extend the term. Bob Murray & Associates is a recruitment agency with a strong reputation and a proven track record in specialized recruitment. They possess extensive experience in recruiting for specialized and high-profile roles that may involve managing multiple stakeholders and other unique considerations.

The City has an existing contract with Bob Murray & Associates and is pleased with their responsiveness, service, and professionalism.

RECOMMENDATION
City staff are seeking City Council approval to amend the contract with Bob Murray & Associates increasing the payment limit by $34,000 for a new not-to-exceed amount of $68,000 and extending the term of the contract to December 31, 2026, to ensure continued expert support for our specialized recruitment needs.

DOCUMENTS ATTACHED:

Attachment 1 – Original Contract Bob Murray and Associates Attachment 2 – Contract Amendment One Bob Murray and Associates 349

CITY OF RICHMOND

STANDARD CONTRACT
Department: City Project Manager:

City Project Manager E-mail: City Project Manager Phone No:

Vendor No: Contract No:

Description of Services:

The parties to this STANDARD CONTRACT do mutually agree and promise as follows:

1. Parties. The parties to this Contract are the City of Richmond, a municipal corporation (“the City”), and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:
☐ A California corporation, ☐ limited liability corporation ☐ general partnership, ☐ limited partnership, ☐ individual, ☐ non-profit corporation, ☐ individual dba as [specify:] ____________________ ☐ other [specify:] _______________________________

2. Term. The effective date of this Contract is _______________________ and terminates _________________ unless terminated earlier as set forth herein.

3. Payment Limit. City’s total payments to Contractor under this Contract shall not exceed $______________ (“Contract Payment Limit”) unless a Contract Amendment has been approved by the City Council or City Manager. If this amount includes a contingency, Contractor acknowledges that any use of such contingency shall be for work beyond the original scope of services and requires prior written authorization by the City. If noted below, Compensation for work done under this Contract, shall not exceed as follows:

FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________ FY _________ total compensation shall not exceed $_________________

4. Contractor’s Obligations. Contractor agrees to perform all work at its own cost and expense, to furnish all labor, tools, equipment, materials, except as otherwise specified, in accordance with the Service Plan set forth in Exhibit A, attached hereto and incorporated herein.

5. City Obligations. City shall make payments to the Contractor in accordance with the Payment Provisions set forth in Exhibit B, attached hereto and incorporated herein.

Human Resources Sharrone Taylor, Director of Human Resources [email protected] (510) 620-6602 14372 7527 Recruitment services as needed
GVP Ventures Inc. DBA: Bob Murray and Associates 1544 Eureka Road, Suite 180 Roseville, CA 95661 Valerie Gaeta Phillips, President (916) 784-9080 [email protected] 4001 4547 July 1, 2025 June 30, 2026 34,000.00 25-26 34,000.00 Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 350

6. Authorized Representatives and Notices. This Contract is subject to the Authorized Representatives and Notices Provisions (Exhibit C), attached hereto and incorporated herein.

7. General Conditions. This Contract is subject to the General Conditions (Exhibit D), which are attached hereto and incorporated herein.

8. Special Conditions. This Contract is subject to the Special Conditions (Exhibit E) (if any), which are attached hereto and incorporated herein.

9. Insurance Provisions. This Contract is subject to the Insurance Provisions (Exhibit F), which are attached hereto and incorporated herein.

10. Sanctuary City Compliance Statement. This Contract is subject to the Sanctuary City Compliance Statement (Exhibit G), which is attached hereto and incorporated herein.

11. Signatures. These signatures attest the parties' agreement hereto:

CITY OF RICHMOND,
a municipal corporation [BUSINESS NAME]
(* The Corporation Chairperson of the Board, President, or Vice President should sign below)
By: _________________________ By: ___________________________ Title: ________________________ Title: __________________________ Date Signed: _________________ Date Signed: ___________________ I hereby certify that this Contract (* The Corporation Chief Financial Officer or Assistant has been approved by City Council Treasurer, or Secretary or Assistant Secretary should or the City Manager. sign below)
By: _________________________ By: ___________________________ City Clerk Title: __________________________
Date Signed: ____________________
Approved as to form:
(NOTE: Pursuant to California Corporations Code Section By: _________________________ 313, if Contractor is a corporation or nonprofit organization, City Attorney this Contract (1) must be signed by (a) the Chairperson of the Board, President, or Vice-President and (b) the
Chief Financial Officer or Assistant Treasurer, or
Secretary or Assistant Secretary)
LIST OF ATTACHMENTS:

Service Plan Exhibit A
Payment Provisions Exhibit B
Authorized Representatives and Notices Exhibit C
General Conditions Exhibit D
Special Conditions Exhibit E
Insurance Provisions Exhibit F
Sanctuary City Compliance Statement Exhibit G
GVP Ventures Inc. DBA: Bob Murray and Associates
Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 9/23/2025
Executive Vice President
9/17/2025
MAYOR President
351
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT A

SERVICE PLAN
Contractor shall, to the satisfaction of the Project Manager (set forth in Exhibit B), perform the following services and be compensated as outlined below [or attach service plan if necessary]:

GVP Ventures Inc. DBA: Bob Murray and Assoc
7527
Recruitment Services as outlined in Attachment A
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A Proposal to Conduct an Executive Recruitment Services

on behalf of the

1544 Eureka Road, Suite 180
Roseville, CA 95661
(916) 784-9080
(916) 784-1985 fax
Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 353
June 4, 2025
Ms. Shasa Curl, City Manager
City of Richmond
450 Civic Center Plaza, Suite 300
Richmond, CA 94804
Submitted via email to: [email protected]

Dear Ms. Curl:

Bob Murray & Associates is pleased to submit a proposal to conduct Executive Recruiting Services for the City of Richmond. The following details our qualifications and describes our systematic—yet flexible—method of identifying, recruiting, and screening outstanding candidates on your behalf. It also includes a proposed budget, timeline, and guarantee.

At Bob Murray & Associates, we pride ourselves on providing quality service to local governments, non-profit agencies, and private firms. Our recruitment process helps you to determine the direction of the search and the types of candidates you seek while capitalizing on our decades of experience and vast network of contacts to reach those candidates. Our expertise ensures that the candidates we present to the City of Richmond will match the criteria you have established, be a good addition for your organization, and be outstanding in their field. Bob Murray & Associates has an unmatched record of success in recruiting local government professionals. With over 30 years of experience, we have placed over 2,100 executives and professionals including but not limited to:

City/County Managers
General Managers
Executive Directors
Chief Technology Officers
Chief Operating Officers
Chief Financial Officers
City Attorneys/County Counsels
Community Development Directors
Economic Development Directors
Finance Directors
Police Chiefs
Fire Chiefs
Human Resources Directors
Public Works Directors
Planning Directors
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We work as a team on every search at Bob Murray & Associates. Your Project Lead would be Ian Schmutzler and he will be supported by Jon Lewis. They would not only direct and supervise the project team from beginning to end but also serve as the Recruiters for the project as well.

To learn first-hand about the quality of our services and why the majority of our engagements come from repeat and referred clients, we invite you to contact the references listed on page 12 of the attached proposal. We look forward to your favorable consideration of our qualifications. Please do not hesitate to contact us at (916) 784-9080 with any questions.

Sincerely,
Valerie Gaeta Phillips
President, Bob Murray & Associates
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TABLE OF CONTENTS
THE RECRUITMENT PROCESS ........................................................................3 STEP 1 DEVELOP THE CANDIDATE PROFILE........................................................ 3 STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS ........................ 4 Reaching Diverse Candidates...................................................................... 5 STEP 3 RECRUIT CANDIDATES ............................................................................ 5 STEP 4 SCREEN CANDIDATES............................................................................. 5 STEP 5 CONDUCT PRELIMINARY INTERVIEWS...................................................... 5 STEP 6 SEARCH PUBLIC RECORDS...................................................................... 6 STEP 7 MAKE RECOMMENDATIONS ................................................................... 6 STEP 8 FACILITATE FINAL INTERVIEWS ................................................................ 6 STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS ............................. 7 STEP 10 ASSIST IN NEGOTIATIONS..................................................................... 7 COMPLETE ADMINISTRATIVE ASSISTANCE ................................................6 COSTS AND GUARANTEE ..............................................................................7 PROFESSIONAL FEE AND EXPENSES ................................................................... 7 Optional Services ........................................................................................... 7 GUARANTEE....................................................................................................... 8 RECRUITMENT SCHEDULE .............................................................................9 FIRM PROFILE ................................................................................................ 10 REFERENCES ................................................................................................. 12

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Bob Murray & Associates Proposal for the City of Richmond Page 3

THE RECRUITMENT PROCESS
Bob Murray & Associates’ recruiters are specialists in finding a positive placement, providing security and fairness to candidates and clients while ensuring the integrity of the search process. Outlined below are the steps in our proven recruitment process, refined through our 30+ years of experience in executive search.

STEP 1 DEVELOP THE CANDIDATE PROFILE
Our understanding of the City of Richmond’s needs will be key to a successful search.

Ian Schmutzler and Jon Lewis will meet virtually with the City and key stakeholders to learn as much as possible about the ideal candidate for the position being recruited for.

Key stakeholders often include:
• Council/Board Members – up to five virtual one-on-one meetings with the Recruiter
• Internal Stakeholders (e.g. Department Heads) – up to two virtual group meetings with the Recruiter
• External Stakeholders (e.g. Chamber of Commerce, Community Groups) – one virtual one-on-one or group meeting with the Recruiter
Internal and External Stakeholders

We find that many of our clients value a recruitment process that opens the opportunity for employees, community members, business leaders, and organization representatives to provide input regarding the ideal candidate. Our recruiters are skilled in virtually facilitating group staff meetings, forums for the business community, and/or town hall meetings that provide for equitable involvement from a variety of constituencies.

If the City of Richmond desires, we will work with the City to create a customized virtual community and/or staff input process. Please note: Virtual facilitation of stakeholder meetings is included in the professional fee. On-site Recruiter facilitation is available for an additional fee – please refer to “Costs and Guarantee” on page 7 for pricing information.

Online Stakeholder Surveys

Sometimes clients are seeking input from a wider range of stakeholders—such as community members, business leaders, and organization representatives—online surveys are ideal to solicit input regarding qualities of the ideal candidate. Our experienced recruiters excel at crafting targeted, thoughtful, open-ended questions and can design a customized survey, providing a link for easy sharing on your website.

After closing, your dedicated Recruitment Coordinator will send you the survey Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 357
Bob Murray & Associates Proposal for the City of Richmond Page 4 response data for your review and analysis. Online Surveys are available under Optional Services (please refer to page 7).

We want to become familiar with the values and culture of the organization, as well as to understand the current and future issues, challenges, and opportunities in the City of Richmond.

Mr. Schmutzler and Mr. Lewis will review and help define the City’s wish-list regarding the ideal candidate’s personality, management style, knowledge, skills, and abilities and will work with the City of Richmond to identify expectations regarding education and experience. The City of Richmond, Mr. Schmutzler, and Mr. Lewis will discuss compensation, benefits, and other key information necessary to ensure that outstanding candidates are attracted to this opportunity. The profile we develop together at this stage will drive subsequent recruitment efforts.

STEP 2 DESIGN/DISTRIBUTE BROCHURE AND ADVERTISEMENTS
Mr. Schmutzler, Mr. Lewis and your dedicated Recruitment Coordinator will use the candidate profile developed with the City of Richmond to create a professional recruitment brochure, with the assistance of our professional graphic designer. The four-page, full-color brochure will describe the community, organization, position, ideal candidate, and compensation and will include pictures provided by the City of Richmond that you feel best represent your organization and your community.

Upon your approval, Mr. Schmutzler, and Mr. Lewis will send the brochure by email (and postal mail if desired) to a targeted audience, personally inviting potential candidates to apply for the position. We will also place the recruitment brochure on our website, which attracts over 11,000 unique hits weekly and is a trusted resource for candidates seeking executive and professional positions.

Mr. Schmutzler, and Mr. Lewis will also design an effective advertising campaign appropriate for the recruitment. Our broadest outreach comes through our active social media involvement on LinkedIn as well as our monthly newsletter where upcoming and current positions are featured. Sources such as Western City Magazine, PublicCEO, and the Careers in Government website will be used to reach an extensive local government audience, while position-specific postings will be chosen to attract candidates who have built their careers in and are committed to their field.

Bob Murray & Associates does not typically place ads with job aggregators or general job posting sites such as CareerBuilder, Monster, or Indeed, as we have found that the broad reach of these sites does not necessarily lead to quality candidates for executive and professional positions.

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Bob Murray & Associates Proposal for the City of Richmond Page 5 Reaching Diverse Candidates
Bob Murray & Associates, a woman- and minority-owned business, is proud of its commitment to attracting and placing diverse candidates. Nearly 50% of our last 100 placements were women; Hispanic placements 25%; African American placements 13%; Asian placements 21%; and Native American placements at 1%. Not only do we place advertisements with websites designed to attract minority and female candidates, but our President, Valerie Phillips, is a member herself of many diversity-focused organizations including the Local Government Hispanic Network, the League of Women in Government, the Professional Women’s Network, Mexican Professionals, and Women Leading Government. She networks frequently with fellow members to gain insight into which potential candidates are leaders in their field.

Mr. Schmutzler and Mr. Lewis will seek to reach candidates in communities and organizations with demographic profiles and populations served like that of the City of Richmond, to maximize the potential for individuals from a wide variety of backgrounds, cultures, and life experiences to be considered for the position.

STEP 3 RECRUIT CANDIDATES
The strongest candidates are often those who are successful and content in their current positions and need to be sold on a new opportunity. Our extensive network of contacts, developed through over 2,100 successful placements, is a primary source for identifying and obtaining referrals for these candidates. Our in-house database of 40,000 current and former executive and professional candidates is a valuable resource that can only be built over time—time that we have invested into perfecting our process for finding the right candidates for our clients. Our aggressive outreach efforts are focused on phone calls to personally invite potential applicants, answer questions, and allay any reservations, and these efforts are essential to the success of the recruitment.

STEP 4 SCREEN CANDIDATES

Following the closing date for the recruitment, Mr. Schmutzler and Mr. Lewis will screen all resumes we have received, using the criteria established in the candidate profile as a basis upon which to narrow the field of candidates. Internal candidates receive sensitive consideration, and Mr. Schmutzler and Mr. Lewis will discuss with the City how the City of Richmond wishes to proceed with these candidates.

STEP 5 CONDUCT PRELIMINARY INTERVIEWS
Mr. Schmutzler and Mr. Lewis will personally interview the top 10 to 15 candidates from the resume screening, with the goal of determining which candidates have the greatest potential to succeed in your organization. To reduce travel-related expenses to our Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 359
Bob Murray & Associates Proposal for the City of Richmond Page 6 clients and increase efficiency in the search process, these interviews are typically conducted via Zoom, Teams, or other convenient videoconferencing applications.

STEP 6 SEARCH PUBLIC RECORDS
Under the direction of Mr. Schmutzler and Mr. Lewis, your dedicated Recruitment Coordinator will conduct a review of published print and online articles for each recommended candidate. Sources include Lexis-Nexis™, Google, social media, and our contacts in the field. This will alert Mr. Schmutzler and Mr. Lewis to any further detailed inquiries we may need to make before our recommendations are finalized.

STEP 7 MAKE RECOMMENDATIONS
Based on our findings during the preliminary interview process, Mr. Schmutzler and Mr.

Lewis will meet with the City of Richmond virtually or on site to share the complete applicant list and recommend a limited number of candidates for your further consideration. Mr. Schmutzler and Mr. Lewis will make specific recommendations and will help facilitate discussions regarding the candidate pool, but the final determination of interviewees will be up to you.

We typically recommend 6-8 candidates that we feel best match your expectations and prepare a detailed report on each candidate. This virtual “Recommended Finalist” eBook is provided to each member of the decision-making body and includes:

Candidate list with Recommended Finalists identified in Group 1 and Group 2 (primary and secondary recommendations), as well as Internal candidates Summary of experience and education for each Recommended Finalist candidate
Complete cover letter and resume for each Recommended Finalist candidate List of Other Applicants (those who did not meet minimum qualifications or were otherwise unsuitable, based on our screening process)
Bob Murray & Associates maintains all search records for a period of seven (7) years following each recruitment, and we are happy to forward cover letters and resumes for each applicant by postal mail or email as soon as the recruitment closes to new applications.

STEP 8 FACILITATE PANEL INTERVIEWS
Our years of experience will be invaluable as we help you develop an interview process that objectively assesses the qualifications of each candidate. We will work with the City of Richmond to craft and implement an interview approach that fits your needs. This may include panel and/or individual interviews by the City Manager; key stakeholders, community/employee interview panels; writing and presentation samples; meet-andDocusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 360
Bob Murray & Associates Proposal for the City of Richmond Page 7 greets; or other specialized process elements your Recruiters help the City of Richmond to design.

Mr. Schmutzler and Mr. Lewis will be present on-site during the panel interviews to facilitate as necessary during the process and to guide discussion to consensus regarding final candidates. Bound interview books will be provided for each interview panel member containing:

Recruitment brochure with candidate profile
Interview schedule
Suggested interview questions
Experience summary, cover letter, resume, and rating form for each candidate
Ranking forms for use during the panel interview process We will work closely with your staff to coordinate and schedule interviews. Our goal is to ensure that each candidate has a positive experience, as the way the entire process is conducted will influence the final candidates’ perception of your organization.

STEP 9 CONDUCT BACKGROUND AND REFERENCE CHECKS
Mr. Schmutzler, Mr. Lewis and your Recruitment Coordinator will conduct detailed reference checks for up to two (2) final candidates. To gain an accurate and honest appraisal of the candidates’ strengths and weaknesses, we will talk candidly with people who have direct knowledge of their work and management style. In addition to gaining a 360-degree view of candidates from the perspective of their supervisors, subordinates and peers for the past several years, we will make a point of speaking confidentially to individuals who may have further insight into a candidate’s abilities but who may not be on their preferred list of contacts.

Your Recruitment Coordinator will work with the two (2) final candidates and our professional backgrounding firm, HireRight, to conduct credit, civil litigation, and motor vehicle record checks and verify candidates’ degrees.

STEP 10 ASSIST IN NEGOTIATIONS
We recognize the critical importance of successful negotiations and can serve as your representative during this process. Mr. Schmutzler and Mr. Lewis know what other organizations have done to put deals together with great candidates and what the current market is like for positions in organizations like the City of Richmond’s. They will be available to advise you regarding current approaches to difficult issues, such as housing and relocation. We will represent your interests and advise the chosen candidate and you regarding salary, benefits, and employment agreements, with the goal of putting together a deal that results in the appointment of your chosen candidate.

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Bob Murray & Associates Proposal for the City of Richmond Page 6 With our proven experience and vested interest in a positive outcome, we can turn a very difficult aspect of the recruitment into one that is straightforward and agreeable for all parties involved.

COMPLETE ADMINISTRATIVE ASSISTANCE
We receive many unsolicited testimonials each year from clients and candidates alike noting our prompt, considerate, accurate, and professional service during the search process. Throughout the recruitment, in time intervals that suit the City of Richmond, we will provide you with updates on the status of the search and attend to all administrative details on your behalf.

Candidates receive immediate acknowledgement of their applications, as well as personal phone calls and/or emails (as appropriate) advising them of their status at each critical point in the recruitment. Candidates who receive preliminary or final interviews and are not chosen to move forward in the interview process will receive personal calls from Mr. Schmutzler and Mr. Lewis on behalf of the City of Richmond.

It is our internal company standard that all inquiries from clients and candidates receive a response within the same business day whenever possible, and certainly within 24 hours if the inquiry is received during the work week. Mr. Schmutzler and Mr. Lewis will be available to the City of Richmond by office phone, cell phone, and email at any time to ensure a smooth and stress-free recruitment process.

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COSTS AND GUARANTEE

PROFESSIONAL FEE AND EXPENSES
The all-inclusive professional services fee for conducting a recruitment on behalf of the City of Richmond is $34,000. Services provided for in this fee consist of all steps outlined in this proposal, including design and distribution of the recruitment brochure, advertising, marketing and promotion, administrative support, public records research, comprehensive background reporting on the final candidates, postage, technology, and two days of on-site meetings. This price is valid for 60 days from the date of this proposal.

Optional Services are listed below and are in addition to the professional services fee.

Expense reimbursement for Consultant travel related to additional on-site meeting days is billed at the actual rate (airfare/mileage, lodging) and is the responsibility of the City of Richmond.

The professional fee does not limit the amount of time invested by Bob Murray & Associates in promoting a successful outcome for this project. In fact, our mission for this project is to ensure we assist in identifying the right candidate for the City of Richmond. Therefore, Mr. Schmutzler and Mr. Lewis will contact the City at the first anniversary of the placement to confirm an effective transition has occurred.

Optional Services
Additional virtual stakeholder meetings: $250/meeting
Additional on-site meeting days: $1,500/day/Consultant, plus travel expenses Online Surveys: $500/each (includes preparing recommended questions, preparing and sharing the survey link, closing the survey, and sending the survey response data for your review and analysis
Additional background checks: $300/candidate
Additional reference checks: $500/candidate
Additional hires: $9,000/candidate
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GUARANTEE
In the event a candidate recommended by our firm resigns or is terminated within the first 12 months of employment, Bob Murray & Associates will provide the City of Richmond with professional services to secure a replacement. Services will be provided at no cost, aside from the following reimbursable expenses incurred on the City of Richmond’s behalf during the new search:

Brochure design and distribution ($695 reprint only, $1,275 edit/reflow/reprint)(if needed)
Advertising actual costs (estimated at $2,975)
Public records search for all new candidates ($500)
Background Checks ($300/candidate)
Reference Checks ($500/candidate)
Consultant travel reimbursement (if travel is needed)
Plus any applicable Optional Services, if desired
In the event that a placement is not made from the initial recruitment, Bob Murray & Associates will provide professional services to conduct one additional recruitment.

Services will be provided at no cost. However, the City of Richmond will be responsible for the reimbursable expenses as noted above.

We are confident in our ability to recruit outstanding candidates and do not expect the City to find it necessary to exercise this provision of our proposal.

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RECRUITMENT SCHEDULE
We are prepared to start work on this assignment upon receipt of a signed professional services agreement or other written, authorized notification. A full search can be completed in 13-16 weeks from the date of initial meetings with our client.

The final recruitment schedule will be determined in collaboration with City of Richmond. A typical timeline of tasks and events is included here for reference.

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FIRM PROFILE

OUR STAFF
Bob Murray & Associates is a small firm focusing exclusively on executive search services. We have a team of seventeen (17):

Bob Murray, Founder
Valerie Gaeta Phillips, President
Gary Phillips, Executive Vice President
Joel Bryden, Vice President
Yasmin Beers, Senior Executive Recruiter
Adele Fresé, Senior Executive Recruiter
Stacy Stevenson, Senior Executive Recruiter
Jon Lewis, Executive Recruiter
Stephanie Dietz, Executive Recruiter
Melanie Richardson, Executive Recruiter
Jeff Mori, Executive Recruiter
Michael Ishii, Executive Recruiter
Ian Schmutzler, Executive Recruiter
Alexandria Kopack, Recruitment and Operations Manager
Kathy Lolas, Senior Recruitment Coordinator
Grace Marshall, Senior Recruitment Coordinator
Steph Souza, Recruitment Coordinator
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CORPORATION

Bob Murray & Associates was founded in May 2000 and operated under the corporation name MBN Services, Inc. until June 2014; our new corporation name is GVP Ventures, Inc., incorporated in California in 2014. Contact information for the corporation and the firm is as follows:

GVP Ventures, Inc. OR Bob Murray & Associates
1544 Eureka Road, Ste. 180
Roseville, CA 95661
(916) 784-9080
[email protected]
Our corporation and firm are financially sound (and have been so since 2000), with documentation from our accountant available to your organization prior to final execution of a professional service agreement. We have never been involved in any litigation, aside from our personnel serving as expert witnesses when called to do so.

PROFESSIONAL ASSOCIATIONS
Our firm, represented by either our President or our Executive Vice President, are involved in the following organizations to remain engaged with current and future issues relevant to the work we conduct on behalf of clients like City of Richmond:

California Special Districts Association
California City Management Foundation (CCMF)
Engaging Local Government Leaders (ELGL)
International City/County Management Association (ICMA) International Network of Asian Public Administrators (I-NAPA) League of California Cities
League of Women in Government
Municipal Management Association of Northern California (MMANC) Municipal Management Association of Southern California (MMASC) National Forum for Black Public Administrators (NFBPA)
Members of our leadership team not only attend events sponsored by these associations but are also frequently called upon to serve as panel members and to provide specialized lectures regarding industry-specific issues. Recent and upcoming speaking engagements and trainings provided by our staff include:

MMANC and MMASC annual mock interviews;
Annual League of California Cities Booth; and
Annual League of California Cities City Manager’s Conference (City Manager hosted event).

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REFERENCES
Clients and candidates are the best testament to our ability to conduct quality searches.

Clients for whom Bob Murray & Associates has recently conducted similar searches are listed below:

CLIENT: City of Woodland, CA
REFERENCE: Mr. Ken Hiatt, City Manager
(530) 661-5802

CLIENT: City of San Diego, CA
REFERENCE: Mr. Eric Dargan, Former Chief Operating Officer (619) 508-8070

CLIENT: City of Petaluma, CA
REFERENCE: Ms. Peggy Flynn, City Manager
(707) 778-4345

We appreciate the City of Richmond’s consideration of our proposal and look forward to working with you.

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Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT B

PAYMENT PROVISIONS

1. COMPENSATION TO CONTRACTOR:
a. Provided Contractor is not in default under this Contract, Contractor shall be compensated in the manner set forth herein.
b. All payments made pursuant to this Contract shall be subject to the Contract Payment Limit. The Payment Limit includes expenses (phones, photocopying, meals and travel, etc.). Invoices shall be adequately detailed, based on accurate records, and be in a form reasonably satisfactory to the City. Contractor may be required to provide back-up material upon request. c. All City vendors receiving new contracts shall sign up to receive electronic payments through the City’s Automated Clearinghouse (ACH) payments service/provider.

2. SUBMISSION OF INVOICES:

Contractor shall submit timely invoices by email to
[email protected] and/or to the following address:

Attention: City of Richmond Finance/Account Payable
Project Manager: _______________________
P.O. Box 4046
Richmond, CA 94804

3. All invoices that are submitted by Contractor shall be subject to the approval of the City Project Manager, _______________________, before payments shall be authorized.
a. The City will pay invoice(s) within 45 days after completion of services to the City’s satisfaction. The City shall not pay late fees or interest.
b. All appropriate permits, certificates, and licenses, including a City business license shall be obtained and maintained for the duration of this Contract before any payment is authorized.

4. All insurance coverage required by this Contract shall be provided by the Contractor before this Contract is executed by the City. The insurance coverage required by this Contract shall be maintained by Contractor for the duration of this Contract and must be in place before any payment is authorized.
7527 GVP Ventures Inc. DBA: Bob Murray and Assoc
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_____________________________

EXHIBIT C

AUTHORIZED REPRESENTATIVES AND NOTICES

1. All required written notices shall be delivered: (i) by hand; or (ii) sent by registered, express, or certified mail, with return receipt requested or with delivery confirmation requested from the U.S. postal service; or (iii) sent by overnight or same day courier service at the party’s respective address listed in this Section.

2. Each notice shall be deemed to have been received on the earlier to occur of:
actual delivery or the date on which delivery is refused; or three (3) days after notice is deposited in the U.S. mail or with a courier service in the manner described above (Sundays and City holidays excepted).

3. Either party may, at any time, change its notice address (other than to a post office box address) by giving the other party three (3) days prior written notice of the new address.

4. All notices, demands, requests, or approvals from Contractor to the City shall be addressed to the City at:

City of Richmond
450 Civic Center Plaza
Richmond, CA 94804
Email: ________________________________________________

5. All notices, demands, requests, or approvals from the City to Contractor shall be addressed to Contractor at:

Attn:

Email: ________________________________________________ 7527 GVP Ventures Inc. DBA: Bob Murray and Assoc
Sharrone Taylor, Director of Human Resources [email protected] GVP Ventures Inc. DBA: Bob Murray and Associates 1544 Eureka Road, Suite 180 Roseville, CA 95661 [email protected] Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 370
Contract No: ________ For the Contract between the City of Richmond and
_____________________________

EXHIBIT D

GENERAL CONDITIONS

1. INDEPENDENT PARTIES:

Contractor hereby declares that Contractor is engaged as an independent business and Contractor agrees to perform the services as an independent contractor.

The manner and means of conducting the services and tasks are under the control of Contractor except to the extent they are limited by statute, rule or regulation and the express terms of this Contract. No civil service status or other right of employment will be acquired by virtue of Contractor’s services. None of the benefits provided by the City to its employees, including but not limited to unemployment insurance, workers’ compensation plans, vacation and sick leave, are available from the City to Contractor, its employees or agents. Deductions shall not be made for any state or federal taxes, FICA payments, PERS payments, or other purposes normally associated with an employer-employee relationship from any compensation due to Contractor. Payments of the above items, if required, are the responsibility of Contractor.

2. TIME IS OF THE ESSENCE:

Contractor and the City agree that time is of the essence regarding the performance of this Contract.

3. STANDARD OF CARE:

Contractor agrees to perform all services hereunder in a manner commensurate with the prevailing standards of like professionals or service Contractors, as applicable, in the San Francisco Bay Area and agrees that all services shall be performed by qualified and experienced personnel who are not employed by the City.

4. IMMIGRATION REFORM AND CONTROL ACT (IRCA):

Contractor assumes all responsibility for verifying the identity and employment authorization of all of its employees performing work hereunder, pursuant to all applicable IRCA or other federal, or state rules and regulations. Contractor shall indemnify, defend, and hold the City harmless from and against any loss, damage, liability, costs or expenses arising from any noncompliance of this provision by Contractor.

5. NON-DISCRIMINATION:

Consistent with the City’s policy and state and federal law that harassment and discrimination are unacceptable conduct, Contractor and its employees, contractors, and agents shall not harass or discriminate against any job applicant, City employee, or any other person on the basis of any kind of any statutorily (federal, state or local) protected class, including but not limited to: race, religious creed, color, national origin, ancestry, 7527 GVP Ventures Inc. DBA: Bob Murray and Assoc
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_____________________________
disability (both mental and physical) including HIV and AIDS, medical condition (e.g. cancer), genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, pregnancy, political affiliation, military and veteran status or legitimate union activities. Contractor agrees that any violation of this provision shall constitute a material breach of this Contract.

6. CITY PROPERTY:
a. Each and every report, draft, work product, map, record, applicable plans, drawings, calculation, data, specification, video, graphic, or any other material or document produced, prepared or caused to be prepared by Contractor pursuant to or in connection with this Contract shall be the exclusive property of the City. b. Notwithstanding the foregoing, Contractor shall not be obligated to provide to City proprietary software or data which Contractor has developed or had developed for Contractor's own use; provided, however, that Contractor shall, pursuant to Section 11 below, indemnify, defend and hold the City harmless from and against any discovery or Public Records Act request seeking the disclosure of such proprietary software or data. c. No report, information or other data given to or prepared or assembled by Contractor pursuant to this Contract shall be made available to any individual or organization by Contractor without prior approval of the City Manager or their designee. d. Contractor shall, at such time and in such form as City Manager or their designee may require, furnish reports concerning the status of services and tasks required under this Contract.

7. RECORDS:
a. Contractor shall maintain complete and accurate records with respect to the services, tasks, work, documents and data in sufficient detail to permit an evaluation of Contractor’s performance under the Contract, as well as maintain books and records related to sales, costs, expenses, receipts and other such information required by the City that relate to the performance of the services and tasks under this Contract (collectively the “Records”).
b. All Records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the Records to the representatives of the City or its designees during regular business hours upon reasonable prior notice. The City has the right to examine and audit the Records, and to make copies or transcripts therefrom as necessary, and to allow inspection of all proceedings and activities related to this Contract. Such Records, together with supporting documents, shall be kept separate from other documents and records and shall be maintained by Contractor for a period of five (5) years after receipt of final payment.
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c. If supplemental examination or audit of the Records is necessary due to concerns raised by the City’s preliminary examination or audit of records, and the City’s supplemental examination or audit of the records discloses a failure to adhere to appropriate internal financial controls, or other breach of this Contract or failure to act in good faith, then Contractor shall reimburse the City for all reasonable costs and expenses associated with the supplemental examination or audit.

8. PERMITS AND LICENSES:

Contractor, at its sole expense, shall obtain and maintain during the term of this Contract, all appropriate permits, certificates and licenses, including a City business license, required in connection with the performance of the services and tasks hereunder.

The failure to obtain such permits and licenses shall be a material breach of this Contract and grounds for immediate termination by City; provided, however, that City may waive the business license requirement in writing under unusual or extraordinary circumstances without necessitating any modification of this Contract to reflect such waiver.

9. TERMINATION:
a. Termination Without Default. Notwithstanding any provision herein to the contrary, the City may, in its sole and absolute discretion and without cause, terminate this Contract at any time prior to completion by Contractor of the project or services hereunder immediately upon transmission of written notice to Contractor as provided in Exhibit C “Authorized Representatives and Notices”.
b. Termination in the Event of Default. Should Contractor fail to perform any of its obligations hereunder, within the time and in the manner provided or otherwise violate any of the terms of this Contract, City may immediately terminate this Contract by giving written notice of such termination, stating the reasons for such termination. Contractor shall be compensated as provided in Exhibit B; provided, however, there shall be deducted from such amount the amount of damage, including attorney's fees, expert witness fees and costs, if any, sustained by City by virtue of Contractor's breach of this Contract. Additionally, in the event of such termination, the City may proceed with the work in any reasonable manner it chooses.

10. CONFLICT OF INTEREST:

Contractor acknowledges, represents and warrants that Contractor shall avoid all conflicts of interest (as defined under any federal, state or local statute, rule or regulation, or at common law) with respect to this Contract. Contractor further acknowledges, represents and warrants that no City official or employee has any economic interest, as defined in Title 2, California Code of Regulations §§ 18703.1 through 18703.5, with Contractor that would invalidate this Contract. Contractor acknowledges that in the event that Contractor shall be found by any judicial or administrative body to have any conflict of interest (as defined above) with respect to this Contract, all consideration received under 7527 GVP Ventures Inc. DBA: Bob Murray and Assoc
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this Contract shall be forfeited and returned to City forthwith. This provision shall survive the termination of this Contract for one (1) year.

11. HOLD HARMLESS:
a. To the fullest extent permitted by law, Contractor shall indemnify, defend (with counsel acceptable to the City) and hold harmless the City, its City Council, boards, commissions, officials, employees, agents and volunteers (“Indemnitees”) from and against any and all loss, damages, liability, obligations, claims, suits, judgments, costs and expenses whatsoever, including attorney’s fees and costs of litigation (“Claims”), arising from or in any manner connected to Contractor’s performance of its obligations under this Contract or failure to comply with any of its obligations under this Contract or out of the operations conducted by Contractor even if the City is found to have been negligent. If the Claims filed against Indemnitees allege negligence, recklessness or willful misconduct on the part of Contractor, Contractor shall have no right of reimbursement against Indemnitees for the costs of defense even if negligence, recklessness or willful misconduct is not found on the part of Contractor. Contractor shall not have any obligations to indemnify Indemnitees if the loss or damage is found to have resulted solely from the negligence or the willful misconduct of the City. The defense and indemnification obligations of this Contract are undertaken in addition to, and shall not in any way be limited by, the insurance obligations contained in this Contract. b. This indemnification obligation shall survive this Contract and shall not be limited by any term of any insurance policy required under this Contract; provided however, that if this Contract is for design professional services, this indemnity provision is limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the design professional (as defined in California Civil Code section 2782.8).

12. LIMITATIONS UPON SUBCONTRACTING AND ASSIGNMENT:
a. This Contract binds the heirs, successors, assigns and representatives of Contractor. The Contractor shall not enter into subcontracts for any work contemplated under this Contract and shall not assign this Contract, nor any portion hereof or monies due or to become due, without the prior written consent of the City Council or its designee.
b. Contractor shall not assign, sublease, hypothecate, or transfer this Contract, or any interest therein, directly or indirectly, by operation of law or otherwise, without prior written consent of the City Manager. Contractor shall submit a written request for consent to transfer to the City Manager at least thirty (30) days in advance of the desired transfer.

The City Manager or their designee may consent or reject such request in their sole and absolute discretion. Any attempt to do so without said consent shall be null and void, and any assignee, sublessee, hypothecate or transferee shall acquire no right or interest by reason of such attempted assignment, hypothecation or transfer. However, claims for 7527 GVP Ventures Inc. DBA: Bob Murray and Assoc
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money against the City under this Contract may be assigned by Contractor to a bank, trust company or other financial institution without prior written consent. c. The sale, assignment, transfer or other disposition of any of the issued and outstanding capital stock of Contractor (if applicable), or of the interest of any general partner or joint venturer or syndicate member if Contractor is a partnership or jointventure or syndicate, which shall result in a change of control of Contractor, shall be deemed an assignment. For this purpose, control shall mean fifty percent or more of the voting power or twenty-five percent or more of the assets of the corporation, partnership or joint-venture.
d. Only those persons and/or businesses whose names and resumés are attached to this Contract shall be used in the performance of this Contract. However, if after the start of this Contract, Contractor wishes to use sub-contractors, at no additional costs to the City, then Contractor shall submit a written request for consent to add subcontractors including the names of the sub-contractors and the reasons for the request to the City Manager at least five (5) days in advance. The City Manager may consent or reject such requests in their sole and absolute discretion. e. Each sub-contractor shall be required to furnish proof of workers’ compensation insurance and shall also be required to carry general, automobile and professional liability insurance (as applicable) in reasonable conformity to the insurance carried by Contractor.
f. In addition, any tasks or services performed by sub-contractors shall be subject to each provision of this Contract. Contractor shall include the following language in their Contract with any sub-contractor: “Sub-Contractors hired by Contractor agree to be bound to Contractor and the City in the same manner and to the same extent as Contractor is bound to the City.”
g. The requirements in this Section 12 shall not apply to persons who are merely providing materials, supplies, data or information that Contractor then analyzes and incorporates into its work product.

13. SAFETY:
a. Contractor acknowledges that the City is committed to the highest standards of workplace safety. Contractor will be solely and completely responsible for conditions of all vehicles owned or operated by Contractor, including the safety of all persons and property during performance of the services and tasks under this Contract.

Contractor shall assume sole and complete responsibility for the safety of Contractor's employees and any of subcontractor's employees This requirement will apply continuously and not be limited to normal working hours. In addition, Contractor will comply with all safety provisions in conformance with U.S. Department of Labor Occupational Safety and Health Act, any equivalent state law, and all other applicable 7527 GVP Ventures Inc. DBA: Bob Murray and Assoc
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federal, state, county and local laws, ordinances, codes, and any regulations that may be detailed in other parts of the Contract. Where any of these are in conflict, the more stringent requirements will be followed. Contractor’s failure to thoroughly familiarize itself with the aforementioned safety provisions will not relieve it from compliance with the obligations and penalties set forth herein.
b. Contractor will immediately notify the City (in no event less than 24 hours) of any incident of death, serious personal injury or substantial property damage that occurs in connection with the performance of this Contract. Contractor will promptly submit to the City a written report of all incidents that occur in connection with this Contract. This report must include the following information: (i) name and address of injured or deceased person(s); (ii) name and address of Contractor’s employee(s) involved in the incident; (iii) name and address of Contractor’s liability insurance carrier; (iv) a detailed description of the incident; and (v) a police report.
c. Contractor acknowledges that the City shall have the right to impose, at the City’s sole discretion, requirements that it deems are necessary to protect the health and safety of the City employees, residents, and visitors. Contractor agrees to comply with all such requirements, including, but not limited to, mandatory vaccinations, the use of personal protective equipment (e.g. masks), physical distancing, and health screenings.

Contractor also agrees to make available to the City, at the City’s request, records to demonstrate Contractor’s compliance with this Section.

14. INSURANCE:

Insurance requirements are set forth in Exhibit F to this Contract. Contractor shall abide by the insurance requirements set forth in said Exhibit F.

15. COMPLIANCE WITH ALL APPLICABLE LAWS:
a. During the term of this Contract, Contractor shall keep fully informed of all existing and future state and federal laws and all municipal ordinances and regulations of the City of Richmond which affect the manner in which the services or tasks are to be performed by Contractor, as well as all such orders and decrees of bodies or tribunals having any jurisdiction or authority over the same. Contractor shall comply with all applicable laws, state and federal and all ordinances, rules and regulations enacted or issued by the City. Compliance under this provision includes compliance with all provisions of the Richmond Municipal Code ("Municipal Code"), including Chapters 2.50,

2.52, 2.56, and 2.60, if applicable.
b. Contractor acknowledges that under § 2.60.070 of the Municipal Code ("Living Wage Ordinance"), Contractor is required to provide the City with documents and information verifying its compliance with the Living Wage Ordinance. Contractor shall notify each of its affected employees with regards to the wages that are required to be paid pursuant to the Living Wage Ordinance as prescribed in § 2.60.070 of the Municipal Code.
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c. Contractor shall comply with § 2.28.030 of the Municipal Code, obligating every Contractor or sub-Contractor under an agreement or sub-agreement with the City for public works, goods or services to refrain from discriminatory employment or practices on the basis of race, color, sex, sexual orientation, religious creed, national origin or ancestry of any employee, any applicant for employment or any potential sub-contractor. d. Contractor acknowledges that the City’s Drug Free Workplace Policy, Violence in the Workplace Policy and the Policy Against Workplace Harassment, are available on the City’s website at http://www.ci.richmond.ca.us/workplacepolicies.

Contractor agrees to abide by the terms and conditions of said policies.

16. INTEGRATED CONTRACT:

The Recitals and exhibits are a material part of this Contract and are expressly incorporated herein. This Contract represents the full and complete understanding of every kind or nature whatsoever between the parties hereto, and all preliminary negotiations and agreements of whatsoever kind or nature are merged herein. No verbal agreement or implied covenant shall be held to vary the provisions hereof. Any modification of this Contract will be effective only by written execution signed by both the City and Contractor.

17. CONFLICTING PROVISIONS:

In the event of a conflict between these General Conditions and those of any Exhibit or attachment hereto, these General Conditions shall prevail; provided, however, that any Special Condition as set forth in Exhibit E shall prevail over these General Conditions. In the event of a conflict between the terms and conditions of any two or more Exhibits or attachments hereto, those prepared by City shall prevail over those prepared by the Contractor, and the terms and conditions preferred by the City shall prevail over those preferred by the Contractor.

18. FORCE MAJEURE:

Neither party hereto shall be considered in default in the performance of its obligations hereunder to the extent that the performance of such an obligation is prevented or delayed by reason of acts of God, strikes, boycotts, lock-outs, inability to procure materials not related to the price thereof, failure of power, restrictive governmental laws and regulations enacted after the date of this Contract, riots, civil unrest, acts of terrorism, insurrection, war, declaration of a state or national emergency or other reasons of a like nature not within the reasonable control of such party.

19. CONFLICT OF LAW:

This Contract shall be interpreted under, and enforced by the laws of the State of 7527 GVP Ventures Inc. DBA: Bob Murray and Assoc
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California without regard to any choice of law rules which may direct the application of laws of another jurisdiction. The Contract and obligations of the parties are subject to all valid laws, orders, rules, and regulations of the authorities having jurisdiction over this Contract (or the successors of those authorities). Any suits brought pursuant to this Contract shall be filed with the courts of the County of Contra Costa, State of California.

20. CLAIMS:

Any claim by Contractor against City hereunder shall be subject to Government Code §§ 800 et seq. The claims presentation provisions of said Act are hereby modified such that the presentation of all claims hereunder to the City shall be waived if not made within six months after accrual of the cause of action.

21. INTERPRETATION:

This Contract shall be interpreted as if drafted by both parties.

22. WARRANTY:

If any product is be provided to the City as part of this Contract, Contractor warrants as follows: Contractor possesses good title to the product and the right to transfer the product to City; the product shall be delivered to the City free from any security interest or other lien; the product meets any specifications contained herein; the product shall be free from material defects in materials and workmanship under normal use for a period of one (1) year from the date of delivery; and the product shall be fit for its intended purpose(s). Notwithstanding the foregoing, consumable and maintenance items (such as light bulbs and batteries) shall be warranted for a period of one hundred and eighty (180) days from the date of delivery. All repairs during the warranty period shall be promptly performed by Contractor, at Contractor's expense, including shipping.

23. SEVERABILITY:

In the event that any of the provisions or portions or applications thereof of this Contract are held to be unenforceable or invalid by any court of competent jurisdiction, City and Contractor shall negotiate an equitable adjustment in the provisions of the Contract with a view toward effecting the purpose of this Contract, and the validity and enforceability of the remaining provisions or portions or applications thereof, shall not be affected thereby.

24. AUTHORITY:

City warrants and represents that the signatory hereto (the Mayor of the City of Richmond or the City Manager) is duly authorized to enter into and execute this Contract on behalf of City. The party signing on behalf of Contractor warrants and represents that they are duly authorized to enter into and execute this Contract on behalf of Contractor, 7527 GVP Ventures Inc. DBA: Bob Murray and Assoc
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and shall be personally liable to City if they are not duly authorized to enter into and execute this Contract on behalf of Contractor.

25. WAIVER:

The waiver by City of any breach of any term or provision of this Contract shall not be construed as a waiver of any subsequent breach. Inspections or approvals, or statements by any officer, agent or employee of the City relating to the Contractor’s performance, or payment therefore, or any combination of these acts, shall not relieve the Contractor’s obligation to fulfill this Contract as prescribed; nor shall the City be thereby stopped from bringing any action for damages or enforcement arising from any failure to comply with any of the terms and conditions of this Contract.

26. COUNTERPARTS:

This Contract may be executed in any number of counterparts (including by fax, PDF, DocuSign, or other electronic means), each of which shall be deemed an original, but all of which shall constitute one and the same instrument.

27. SANCTUARY CITY CONTRACTING ORDINANCE (SCCO):

The Richmond Sanctuary City Contracting Ordinance No. 12-18 prohibits the City from granting and or retaining contracts with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor must submit the Sanctuary City Compliance Statement, attached hereto as Exhibit G. 7527 GVP Ventures Inc. DBA: Bob Murray and Assoc
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EXHIBIT E

SPECIAL CONDITIONS
The General Conditions are hereby amended to include the following modifications and/or provisions (if applicable, otherwise please state “NONE”):
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EXHIBIT F

INSURANCE PROVISIONS
☐ CHECK HERE IF RISK MANAGEMENT HAS APPROVED WAIVING INSURANCE REQUIREMENTS FOR THIS CONTRACT.

1. CERTIFICATES: Before the commencement of the terms of this Contract, and during the entire term of this Contract and any extension or modification thereof, Contractor shall furnish the City’s Risk Manager with certificates showing the type, amount, class of operations covered, effective dates and dates of expiration of insurance coverage in compliance with coverage requirements set forth by the City and incorporated herein.

Such certificates, which do not limit Contractor’s indemnification, shall also contain substantially the following statement:
“Should any of the above insurance covered by this certificate be canceled or coverage reduced before the expiration date thereof, the insurer affording coverage shall provide thirty (30) days’ advance written notice to the City of Richmond.

Attention: Risk Manager.”
Contractor shall maintain in force at all times during the performance of this Contract all appropriate coverage of insurance required by this Contract with an insurance company licensed to offer insurance business in the State of California with a current A.M. Best’s rating of no less than A:VII or Standard & Poor’s Rating (if rated) of at least BBB unless otherwise acceptable to the City. Contractor shall deliver updated insurance certificates to the City at the address set forth in Exhibit C prior to the expiration of the existing insurance certificate for the duration of the term of Contract.

Endorsements naming the City, its City Council, boards, commissions, officials, employees, agents, and volunteers as additional insured shall be submitted with the insurance certificates.

2. COVERAGE REQUIREMENTS: The City’s insurance requirements depend upon the type of service being provided and/or the provider. The City’s insurance requirements will fall into one of the following categories (unless otherwise provided by the City):

Consultants and Contractors – Type 1
Professional Services – Type 2
Environmental Risk/Hazardous Waste Material – Type 3
Lease of City Property – Type 4
Vendors, Suppliers, Small Grant Recipients & Nonprofit Organizations – Type 5 Transportation Providers – Type 6
Professional Services Pyrotechnics – Type 7
Cyber and I.T. Risks – Type 8
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The insurance requirements classification applicable to this Contract shall be attached to this Exhibit F and made a part hereof.

3. FAILURE TO SECURE: If Contractor at any time during the term hereof should fail to secure or maintain the foregoing insurance, the City shall be permitted to obtain such insurance in Contractor’s name or as an agent of Contractor and shall be compensated by Contractor for the costs of the insurance premiums at the maximum rate permitted by law and computed from the date written notice is received that the premiums have not been paid.

4. SUFFICIENCY OF INSURANCE: The insurance limits required by the City are not represented as being sufficient to protect Contractor. Contractor is advised to consult Contractor’s insurance broker to determine adequate coverage for Contractor. The coverage and limits shall be (1) the minimum coverage and limits specified in this Contract; or (2) the broader coverage and maximum limits of the coverage carried by or available to Contractor; whichever is greater.

INSERT INSURANCE REQUIREMENTS CLASSIFICATION APPLICABLE TO THIS CONTRACT: (IF NECESSARY, CONFIRM WITH RISK MANAGER)
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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 1 of 3
Revised: September 2011
In all instances where CONTRACTOR or its representatives will provide professional services (architects, engineers, construction management, counselors, medical professionals, hospitals, clinics, attorneys, consultants, accountants, etc.) to the City of Richmond (City), the City requires the following MINIMUM insurance requirements and limits.

CONTRACTOR shall procure and maintain for the duration of the contract, agreement, or other order for work, services or supplies, insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder and the results of that work by the CONTRACTOR, its agents, representatives, employees or subcontractors. Maintenance of proper insurance coverage is a material element of the contract. Failure to maintain or renew coverage or to provide evidence of renewal may be treated by the City as a material breach of contract.

CONTRACTOR agrees that in the event of loss due to any of the perils for which it has agreed to provide Commercial General Liability insurance, CONTRACTOR shall look solely to its insurance for recovery.

CONTRACTOR hereby grants to CITY, on behalf of any insurer providing Commercial General Liability insurance to either CONTRACTOR or CITY with respect to the services of CONSULTANT herein, a waiver of any right to subrogation which any such insurer of said CONTRACTOR may acquire against the CITY by virtue of the payment of any loss under such insurance.

Original, signed certificates and original, separate policy endorsements, naming the City as an additional insured for general liability coverage, as well as a waiver of subrogation for Workers’ Compensation insurance, shall be received and approved by the City before any work may begin. However, failure to do so shall not operate as a waiver of these insurance requirements.

City reserves the right to modify or require additional coverages for specific risk exposures depending on scope of CONTRACTORS work.

Minimum coverage is detailed below. The policy limits of coverage shall be made available to the full limits of the policy. The minimum limits stated herein shall not serve to reduce the policy limits of coverage of CONTRACTOR.

Minimum Scope of Insurance – the following forms shall be provided and coverage shall be at least as broad as the following:

1. Insurance Services Office Commercial General Liability coverage (ISO Occurrence Form CG 0001), and including coverage for bodily and personal injury, property damage, and products and completed operations (if applicable).

2. Insurance Services Office Automobile Liability coverage (ISO Form CA 0001, Code 1, Any Auto).

3. Original and Separate Additional Insured Endorsement for General Liability (ISO Form CG 20 10 11/85 or its equivalent) with primary and non-contributory language.

4. Workers’ Compensation Insurance as required by the State of California including Employer’s Liability coverage.

5. Original and Separate Waiver of Subrogation for Workers’ Compensation insurance.

6. Professional Liability or Errors & Omissions Liability Insurance appropriate to the CONTRACTOR’s profession (if required.)
Required Coverage Minimum Limits
Workers’ Compensation and
Employers’ Liability
Statutory limits as required by the State of California including $1 million Employers’ Liability per accident, per employee for bodily injury or disease.

If CONTRACTOR is self-insured, provide a certificate of Permission to SelfInsure, signed by the California Department of Industrial Relations and SelfInsurance. If contractor is a sole proprietor (has no employees) than contractor must sign “Contractor Release of Liability” found at:
http://www.ci.richmond.ca.us/index.aspx?nid=61.

General Liability
(primary and excess limits
combined)
$2,000,000 per occurrence for bodily injury, personal injury and property damage. If the policy includes a general aggregate, either the general aggregate shall apply separately to this project, service or location or the minimum required aggregate limit shall be twice the per occurrence limit ($4 million aggregate limit).

Policy shall be endorsed to name the City of Richmond as an additional insured per the conditions detailed below.

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 2 of 3
Revised: September 2011
Automobile Liability $1,000,000 per occurrence for bodily injury and property damage.

PROJECT COST REQUIRED LIMIT
$0 - $1 million $1 million p/o
$1 million - $5 million $2 million p/o
Over $5 million $5 million p/o

Professional Liability or Errors &
Omissions Liability –
Required for all professionals
including architects, engineers,
consultants, construction
management, counselors, medical
professionals, hospitals, clinics,
attorneys and accountants, & other
consultants as may be required by
the City.

Required Policy Conditions
Additional Insured Endorsement Applicable to General Liability coverage.

The City of Richmond, its officers, officials, employees, agents and volunteers are to be named as additional insureds for all liability arising out of the operations by or on behalf of the named insured including bodily injury, deaths and property damage or destruction arising in any respect directly or indirectly in the performance of this contract.

ISO form CG 20 10 (11/85) or its equivalent is required. If the Contractor is supplying their product or providing a service then the endorsement must not exclude products and completed operations coverage. If it does, then CG 20 37 (10/01) is also required.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Primary and Noncontributory The contractor’s insurance coverage must be primary coverage as it pertains to the City, its officers, officials, employees, agents and volunteers. Any insurance or self insurance maintained by the City is wholly separate from the insurance of the contractor and in no way relieves the contractor from its responsibility to provide insurance.

Waiver of Subrogation
Endorsement Form
Contractor’s insurer will provide a Waiver of Subrogation in favor of the City for Workers’ Compensation Insurance during the life of this contract.

SAMPLE Endorsements can be found at
http://www.ci.richmond.ca.us/index.aspx?nid=61.

Deductibles and Self-Insured
Retentions
Any deductible or self-insured retention must be declared to and approved by the City. At the option of the City either the insurer shall reduce or eliminate such deductibles or self-insured retention as respects the City or the CONTRACTOR shall procure a financial guarantee in an amount equal to the deductible or self-insured retention guaranteeing payment of losses and related investigations, claims administration and defense expenses.

Contractor is responsible for satisfaction of the deductible and/or self-insured retention for each loss.

A. M. Best Rating A:VII or Better. If the A.M. Best Rating falls below the required rating, CONTRACTOR must replace coverage immediately and provide notice to City.

Umbrella/Excess Liability Policies
If an Umbrella or Excess Liability Policy is used to meet the liability limits, coverage shall be as broad as specified for underlying coverage’s and cover those insured in the underlying policies.

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___ Exhibit F
___ Section 8
City of Richmond - Insurance Requirements - Type 2:

Professional Services
Type 2 – Page 3 of 3
Revised: September 2011
Claims-Made Policies
If any insurance policy is written on a claims-made form: 1) the retroactive date must be shown, and must be before the date of the contract or the beginning of contract work. 2) Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the contract of work. 3) If coverage is canceled or non-renewed, and not replaced with another claims-made policy form with a retroactive date prior to the contract effective date, the Contractor must purchase an extended period coverage for a minimum of five (5) years after completion of contract work.

Subcontractors
CONTRACTOR shall include all subcontractors as insured under its policies or shall furnish to the City for review and approval, separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

CONTRACTOR agrees to defend and indemnify the City of Richmond for any damage resulting to it from failure of either CONTRACTOR or any subcontractor to take out or maintain the required insurance policies. The fact that insurance is obtained by CONTRACTOR, and/or CONTRACTOR’s subcontractors, will not be deemed to release or diminish the liability of CONTRACTOR, including, without limitation, liability under the indemnity provisions of this contract. Damages recoverable by CITY from CONTRACTOR or any third party will not be limited by the amount of the required insurance coverage.

Verification of Coverage
All original certificates and endorsements shall be received and approved by the City before work may begin.

The City of Richmond reserves the right to require complete, certified copies of all required insurance policies including endorsements affecting the coverage at any time.

Original insurance certificates and required policy endorsements shall be mailed or delivered to the Designated Project Manager for the City of Richmond.

Insurance certificates and endorsements may be faxed to the Designated Project Manger. However, CONTRACTOR must mail the original certificates and endorsements to Designated Project Manager once faxed.

Continuous Coverage
CONTRACTOR shall maintain the required insurance for the life of the contract. Should the CONTRACTOR cease to have insurance as required during this time, all work by the CONTRACTOR pursuant to this agreement shall cease until insurance acceptable to the City is provided. In the event that CONTRACTOR fails to comply with the City’s insurance requirements, the City may take such action as it deems necessary to protect the City’s interests. Such action may include but is not limited to termination of the contract, withholding of payments, or other actions as the City deems appropriate.

If services or the scope of work extend beyond the expiration dates of the required insurance policies initially approved by the City, CONTRACTOR must provide updated certificates and endorsements indicating that the required coverage, terms and conditions are still in place. Renewal certificates and updated endorsements shall be mailed to the Designated Project Manager.

Cancellation
CONTRACTOR shall ensure that coverage shall not be cancelled, reduced or otherwise materially changed except after thirty (30) days’ prior written notice has been given to the City.

Reporting Requirements
Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officers, officials, employees or volunteers.

Consistent with Public Policy
The insuring provisions, insofar as they may be judged to be against public policy shall be void and unenforceable only to the minimum extent necessary so that the remaining terms and provisions herein may be consistent with public policy and thus enforceable.

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EXHIBIT G

SANCTUARY CITY COMPLIANCE STATEMENT
The undersigned, (hereafter "Contractor"), has had an opportunity to review the requirements of City of Richmond Ordinance 12-18 (hereafter "Sanctuary City Contracting Ordinance" or “SCCO”).

Contractor understands and agrees that the City may choose with whom it will maintain business relations and may refrain from contracting with any person or entity that provides Data Broker or Extreme Vetting services to the U.S. Immigration and Customs Enforcement Division of the United States Department of Homeland Security (“ICE”). Contractor understands the meaning of the following terms used in the SCCO:
a. "Data Broker” means either of the following:
i. The collection of information, including personal information about consumers, from a wide variety of sources for the purposes of reselling such information to their customers, which include both private-sector business and government agencies;
ii. The aggregation of data that was collected for another purpose from that for which it is ultimately used.
b. “Extreme Vetting” means data mining, threat modeling, predictive risk analysis, or other similar services."
Contractor understands that it is not eligible to receive or retain a City contract if at the time the Contract is executed, or at any time during the term of the Contract, it provides Data Broker or Extreme Vetting services to ICE.

Contractor further understands and agrees that Contractor's failure to comply with the SCCO shall constitute a material default of the Contract and the City Manager may terminate the Contract and bar Contractor from bidding on future contracts with the City for five (5) years from the effective date of the contract termination.

By executing this statement, Contractor certifies that it complies with the requirements of the SCCO and that if at any time during the term of the Contract it ceases to comply, Contractor will promptly notify the City Manager in writing. Any person or entity who knowingly or willingly supplies false information in violation of the SCCO shall be guilty of a misdemeanor and subject to a $1,000 fine.

Based on the foregoing, the undersigned declares under penalty of perjury under the laws of the State of California that the foregoing is true and correct.

Printed Name: Title:

Signed: Date:

Business Entity:
7527 GVP Ventures Inc. DBA: Bob Murray and Associates
Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 President
Valerie Gaeta Phillips
9/17/2025
Bob Murray assoc
386

SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE

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

INSURER(S) AFFORDING COVERAGE
INSURER F :

INSURER E :

INSURER D :

INSURER C :

INSURER B :

INSURER A : NAIC #
NAME: CONTACT
(A/C, No): FAX
E-MAIL ADDRESS:

PRODUCER
(A/C, No, Ext): PHONE

INSURED
COVERAGES CERTIFICATE NUMBER: REVISION NUMBER:

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

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

THIS CERTIFICATE IS ISSUED AS A MATTER OF INFORMATION ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE HOLDER. THIS

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

OTHER:
(Per accident)
(Ea accident)
$
$
N / A

SUBR WVDADDL
INSD

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

CERTIFICATE MAY BE ISSUED OR MAY PERTAIN, THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES. LIMITS SHOWN MAY HAVE BEEN REDUCED BY PAID CLAIMS. $
$
$
$ PROPERTY DAMAGE
BODILY INJURY (Per accident)
BODILY INJURY (Per person) COMBINED SINGLE LIMIT

AUTOS ONLY

AUTOS ONLY AUTOS NON-OWNED OWNED SCHEDULED

ANY AUTO

AUTOMOBILE LIABILITY

Y / N WORKERS COMPENSATION
AND EMPLOYERS' LIABILITY OFFICER/MEMBER EXCLUDED?
(Mandatory in NH) DESCRIPTION OF OPERATIONS below
If yes, describe under

ANY PROPRIETOR/PARTNER/EXECUTIVE
$
$
$ E.L. DISEASE - POLICY LIMIT E.L. DISEASE - EA EMPLOYEEE.L. EACH ACCIDENT EROTH- STATUTE PER
(MM/DD/YYYY) LIMITS POLICY EXP(MM/DD/YYYY) POLICY EFFLTR TYPE OF INSURANCE POLICY NUMBER INSR
DESCRIPTION OF OPERATIONS / LOCATIONS / VEHICLES (ACORD 101, Additional Remarks Schedule, may be attached if more space is required)

EXCESS LIAB
UMBRELLA LIAB EACH OCCURRENCE $ AGGREGATE $
$
OCCUR
CLAIMS-MADE DED RETENTION $
PRODUCTS - COMP/OP AGG $ GENERAL AGGREGATE $ PERSONAL & ADV INJURY $ MED EXP (Any one person) $
EACH OCCURRENCE $ DAMAGE TO RENTED
PREMISES (Ea occurrence) $ COMMERCIAL GENERAL LIABILITY CLAIMS-MADE OCCUR GEN'L AGGREGATE LIMIT APPLIES PER: POLICY PRO- JECT LOC

CERTIFICATE OF LIABILITY INSURANCE DATE (MM/DD/YYYY)

CANCELLATION

AUTHORIZED REPRESENTATIVE
ACORD 25 (2016/03)
© 1988-2015 ACORD CORPORATION. All rights reserved.

CERTIFICATE HOLDER
The ACORD name and logo are registered marks of ACORD
HIRED

AUTOS ONLY
7/29/2025
Inszone Insurance Services, LLC
2721 Citrus Road, Suite A
Rancho Cordova, CA 95742
Certificate Team 877-308-9663 916-400-2625 [email protected] License#: 0F82764 Hartford Underwriters Insurance Company 30104 GVPVENT-01 Hartford Casualty Insurance Company 29424 GVP Ventures, Inc. DBA: Bob Murray & Associates
1544 Eureka Road, Suite 280
Roseville, CA 95661
Philadelphia Indemnity Insurance Company 18058 Hiscox Insurance Company 10200 398407148 A X 2,000,000 X 1,000,000 10,000 Excluded 4,000,000 X
Y Y 57SBABM2XHA 6/16/2025 6/16/2026
4,000,000
A 2,000,000 X X
57SBABM2XHA 6/16/2025 6/16/2026
B Y 57WBCGG0320 6/16/2025 6/16/2026
X
1,000,000 1,000,000 1,000,000
C
D
Professional Liability
Cyber Liability
PHSD1801012-011
MPL4704060.25
7/10/2025
1/19/2025
7/10/2026
1/19/2026
Aggregate/Each Claim
Aggregate/Each Claim
$1,000,000
$1,000,000
Additional Insured on the General Liability. Primary and Non-Contributory on the General Liability. Waiver of Subrogation on the General Liability and Workers Compensation.

The aforementioned coverage is provided to the extent in the attached forms for: The City of Richmond, its officers, officials, employees, agents and volunteers. City of Richmond 450 Civic Center Plaza, Suite 300
Richmond, CA 94804
Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 387
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SL 30 32 06 21 Page 1 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)

BLANKET ADDITIONAL INSURED BY CONTRACT
This endorsement modifies insurance provided under the following:

BUSINESS LIABILITY COVERAGE FORM
Except as otherwise stated in this endorsement, the terms and conditions of the Policy apply.

A. The following is added to Section C. WHO IS AN INSURED:

Additional Insureds When Required By Written Contract, Written Agreement Or Permit The person(s) or organization(s) identified in Paragraphs a. through f. below are additional insureds when you have agreed, in a written contract or written agreement, or when required by a written permit issued by a state or governmental agency or subdivision or political subdivision that such person or organization be added as an additional insured on your Coverage Part, provided the injury or damage occurs subsequent to the execution of the contract or agreement, or the issuance of the permit.

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

However, no such person or organization is an additional insured under this provision if such person or organization is included as an additional insured by any other endorsement issued by us and made a part of this Coverage Part.

The insurance afforded to such additional insured will not be broader than that which you are required by the contract, agreement, or permit to provide for such additional insured.

The insurance afforded to such additional insured only applies to the extent permitted by law.

The limits of insurance that apply to additional insureds are described in Section D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE. How this insurance applies when other insurance is available to an additional insured is described in the Other Insurance Condition in Section E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS.
a. Vendors
Any person(s) or organization(s) (referred to below as vendor), but only with respect to "bodily injury" or "property damage" arising out of "your products" which are distributed or sold in the regular course of the vendor's business and only if this Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard". (1) The insurance afforded to the vendor is subject to the following additional exclusions:

This insurance does not apply to:
(a) "Bodily injury" or "property damage" for which the vendor is obligated to pay damages by reason of the assumption of liability in a contract or agreement. This exclusion does not apply to liability for damages that the vendor would have in the absence of the contract or agreement; (b) Any express warranty unauthorized by you;
(c) Any physical or chemical change in the product made intentionally by the vendor; (d) Repackaging, except when unpacked solely for the purpose of inspection, demonstration, testing, or the substitution of parts under instructions from the manufacturer, and then repackaged in the original container;
(e) Any failure to make such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products;
(f) Demonstration, installation, servicing or repair operations, except such operations performed at the vendor's premises in connection with the sale of the product; POLICY NUMBER: 57SBABM2XHA
Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 388
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SL 30 32 06 21 Page 2 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) (g) Products which, after distribution or sale by you, have been labeled or relabeled or used as a container, part or ingredient of any other thing or substance by or for the vendor; or (h) "Bodily injury" or "property damage" arising out of the sole negligence of the vendor for its own acts or omissions or those of its employees or anyone else acting on its behalf. However, this exclusion does not apply to:
(i) The exceptions contained in Paragraphs (d) or (f); or (ii) Such inspections, adjustments, tests or servicing as the vendor has agreed to make or normally undertakes to make in the usual course of business, in connection with the distribution or sale of the products.
(2) This insurance does not apply to any insured person or organization from whom you have acquired such products, or any ingredient, part or container, entering into, accompanying or containing such products. b. Lessors Of Equipment
(1) Any person or organization from whom you lease equipment; but only with respect to their liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your maintenance, operation or use of equipment leased to you by such person or organization. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to any "occurrence" which takes place after you cease to lease that equipment. c. Lessors Of Land Or Premises
(1) Any person or organization from whom you lease land or premises, but only with respect to liability arising out of the ownership, maintenance or use of that part of the land or premises leased to you. (2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) Any "occurrence" which takes place after you cease to lease that land or be a tenant in that premises; or
(b) Structural alterations, new construction or demolition operations performed by or on behalf of such person or organization.
d. Architects, Engineers Or Surveyors
(1) Any architect, engineer, or surveyor, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In connection with your premises;
(b) In the performance of your ongoing operations performed by you or on your behalf; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if:
(i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:

This insurance does not apply to "bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or the failure to render any professional services, including:
(i) The preparing, approving, or failure to prepare or approve, maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (ii) Supervisory, surveying, inspection, architectural or engineering activities.

This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “bodily injury”, “property Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 389
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Form SL 30 32 06 21 Page 3 of 3
© 2021, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) damage”, or “personal and advertising injury” arises out of the rendering of or the failure to render any professional service.
e. State Or Governmental Agency Or Subdivision Or Political Subdivision Issuing Permit (1) Any state or governmental agency or subdivision or political subdivision, but only with respect to operations performed by you or on your behalf for which the state or governmental agency or subdivision or political subdivision has issued a permit.
(2) With respect to the insurance afforded to these additional insureds, this insurance does not apply to:
(a) "Bodily injury", "property damage" or "personal and advertising injury" arising out of operations performed for the federal government, state or municipality; or (b) "Bodily injury" or "property damage" included within the "products-completed operations hazard". f. Any Other Party
(1) Any other person or organization who is not in one of the categories or classes listed above in Paragraphs a. through e. above, but only with respect to liability for "bodily injury", "property damage" or "personal and advertising injury" caused, in whole or in part, by your acts or omissions or the acts or omissions of those acting on your behalf:
(a) In the performance of your ongoing operations performed by you or on your behalf; (b) In connection with your premises owned by or rented to you; or (c) In connection with "your work" and included within the "products-completed operations hazard", but only if:
(i) The written contract, written agreement or permit requires you to provide such coverage to such additional insured; and
(ii) This Coverage Part provides coverage for "bodily injury" or "property damage" included within the "products-completed operations hazard".
(2) With respect to the insurance afforded to these additional insureds, the following additional exclusion applies:

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

This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “bodily injury”, “property damage”, or “personal and advertising injury” arises out of the rendering of or the failure to render any professional service described in Paragraphs f.(2)(a) or f.(2)(b) above.

Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 390
Form SL 00 00 10 18 Page 1 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission)

BUSINESS LIABILITY COVERAGE FORM
Various provisions in this Policy restrict coverage. Read the entire Policy carefully to determine rights, duties and what is and is not covered.

Throughout this Coverage Part the words "you" and "your" refer to the Named Insured shown in the Declarations. The words "we", "us" and "our" refer to the insurance company shown in the Declarations. "Policy period", as used in this Coverage Part, means the period from the effective date of this Coverage Part to the expiration date of the Coverage Part as stated in the Declarations or the date of cancellation, whichever is earlier.

The word "insured" means any person or organization qualifying as such under Section C. Who Is An Insured.

Other words and phrases that appear in quotation marks have special meaning. Refer to Section F. Liability And Medical Expenses Definitions.

A. COVERAGES

1. Business Liability Coverage (Bodily Injury, Property Damage, Personal And Advertising Injury) Insuring Agreement
a. We will pay those sums that the insured becomes legally obligated to pay as damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies. We will have the right and duty to defend the insured against any "suit" seeking those damages. However, we will have no duty to defend the insured against any "suit" seeking damages for "bodily injury", "property damage" or "personal and advertising injury" to which this insurance does not apply.

We may, at our discretion, investigate any "occurrence" or offense and settle any claim or "suit" that may result. But:
(1) The amount we will pay for damages is limited as described in Section D. Liability And Medical Expenses Limits Of Insurance; and
(2) Our right and duty to defend ends when we have used up the applicable limit of insurance in the payment of judgments, settlements or medical expenses to which this insurance applies.

No other obligation or liability to pay sums or perform acts or services is covered unless explicitly provided for under Coverage Extension - Supplementary Payments.
b. This insurance applies:
(1) To "bodily injury" and "property damage" only if:
(a) The “bodily injury” or “property damage” is caused by an “occurrence” that takes place in the “coverage territory”;
(b) The "bodily injury" or "property damage" occurs during the policy period; and (c) Prior to the policy period, no insured listed under Paragraph 1. of Section C. Who Is An Insured and no "employee" authorized by you to give or receive notice of an "occurrence" or claim, knew that the "bodily injury" or "property damage" had occurred, in whole or in part. If such a listed insured or authorized "employee" knew, prior to the policy period, that the "bodily injury" or "property damage" occurred, then any continuation, change or resumption of such "bodily injury" or "property damage" during or after the policy period will be deemed to have been known prior to the policy period. (2) To "personal and advertising injury" caused by an offense arising out of your business, but only if the offense was committed in the "coverage territory" during the policy period. c. "Bodily injury" or "property damage" will be deemed to have been known to have occurred at the earliest time when any insured listed under Paragraph 1. of Section C. Who Is An Insured or any "employee" authorized by you to give or receive notice of an "occurrence" or claim:
(1) Reports all, or any part, of the "bodily injury" or "property damage" to us or any other insurer; (2) Receives a written or verbal demand or claim for damages because of the "bodily injury" or "property damage"; or
POLICY NUMBER: 57SBABM2XHA
Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 391
Form SL 00 00 10 18 Page 2 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) (3) Becomes aware by any other means that "bodily injury" or "property damage" has occurred or has begun to occur.
d. Damages because of "bodily injury" include damages claimed by any person or organization for care, loss of services or death resulting at any time from the "bodily injury". e. Incidental Medical Malpractice
(1) "Bodily injury" arising out of the rendering of or failure to render professional health care services as a physician, dentist, nurse, emergency medical technician or paramedic shall be deemed to be caused by an "occurrence", but only if:
(a) The physician, dentist, nurse, emergency medical technician or paramedic is employed by you to provide such services; and
(b) You are not engaged in the business or occupation of providing such services. (2) For the purpose of determining the limits of insurance for incidental medical malpractice, any act or omission together with all related acts or omissions in the furnishing of these services to any one person will be considered one "occurrence".

2. Medical Expenses
Insuring Agreement
a. We will pay medical expenses as described below for "bodily injury" caused by an accident:
(1) On premises you own or rent;
(2) On ways next to premises you own or rent; or
(3) Because of your operations;
provided that:
(1) The accident takes place in the "coverage territory" and during the policy period; (2) The expenses are incurred and reported to us within three years of the date of the accident; and (3) The injured person submits to examination, at our expense, by physicians of our choice as often as we reasonably require.
b. We will make these payments regardless of fault. These payments will not exceed the applicable limit of insurance. We will pay reasonable expenses for:
(1) First aid administered at the time of an accident;
(2) Necessary medical, surgical, x-ray and dental services, including prosthetic devices; and (3) Necessary ambulance, hospital, professional nursing and funeral services.

3. Coverage Extension - Supplementary Payments
a. We will pay, with respect to any claim we investigate or settle, or any "suit" against an insured we defend:
(1) All expenses we incur.
(2) Up to $1,000 for the cost of bail bonds required because of accidents or traffic law violations arising out of the use of any vehicle to which Business Liability Coverage for "bodily injury" applies. We do not have to furnish these bonds.
(3) The cost of appeal bonds or bonds to release attachments, but only for bond amounts within the applicable limit of insurance. We do not have to furnish, finance, arrange for, guarantee, or collateralize these bonds, whether the collateralization is characterized as premium or not. (4) All reasonable expenses incurred by the insured at our request to assist us in the investigation or defense of the claim or "suit", including actual loss of earnings up to $500 a day because of time off from work. (5) All court costs taxed against the insured in the "suit". However, such costs do not include attorneys’ fees, attorneys’ expenses, witness or expert fees, or any other expenses of a party taxed against the insured. (6) Prejudgment interest awarded against the insured on that part of the judgment we pay. If we make an offer to pay the applicable limit of insurance, we will not pay any prejudgment interest based on that period of time after the offer.

Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 392
Form SL 00 00 10 18 Page 3 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) (7) All interest on the full amount of any judgment that accrues after entry of the judgment and before we have paid, offered to pay, or deposited in court the part of the judgment that is within the applicable limit of insurance.

Any amounts paid under (1) through (7) above will not reduce the Limits of Insurance. b. If we defend an insured against a "suit" and an indemnitee of the insured is also named as a party to the "suit", we will defend that indemnitee if all of the following conditions are met:
(1) The "suit" against the indemnitee seeks damages for which the insured has assumed the liability of the indemnitee in a contract or agreement that is an "insured contract"; (2) This insurance applies to such liability assumed by the insured; (3) The obligation to defend, or the cost of the defense of, that indemnitee, has also been assumed by the insured in the same "insured contract";
(4) The allegations in the "suit" and the information we know about the "occurrence" are such that no conflict appears to exist between the interests of the insured and the interest of the indemnitee; (5) The indemnitee and the insured ask us to conduct and control the defense of that indemnitee against such "suit" and agree that we can assign the same counsel to defend the insured and the indemnitee; and (6) The indemnitee:
(a) Agrees in writing to:
(i) Cooperate with us in the investigation, settlement or defense of the "suit"; (ii) Immediately send us copies of any demands, notices, summonses or legal papers received in connection with the "suit";
(iii) Notify any other insurer whose coverage is available to the indemnitee; and (iv) Cooperate with us with respect to coordinating other applicable insurance available to the indemnitee; and
(b) Provides us with written authorization to:
(i) Obtain records and other information related to the "suit"; and (ii) Conduct and control the defense of the indemnitee in such "suit".

So long as the above conditions are met, attorneys' fees incurred by us in the defense of that indemnitee, necessary litigation expenses incurred by us and necessary litigation expenses incurred by the indemnitee at our request will be paid as Supplementary Payments.

Notwithstanding the provisions of Paragraph 1.b.(b) of Section B. Exclusions, such payments will not be deemed to be damages for "bodily injury" and "property damage" and will not reduce the Limits of Insurance.

Our obligation to defend an insured's indemnitee and to pay for attorneys' fees and necessary litigation expenses as Supplementary Payments ends when:
(1) We have used up the applicable limit of insurance in the payment of judgments or settlements; or (2) The conditions set forth above, or the terms of the agreement described in Paragraph (6) above, are no longer met.

B. EXCLUSIONS

1. Applicable To Business Liability Coverage
This insurance does not apply to:
a. Expected Or Intended Injury
(1) "Bodily injury" or "property damage" expected or intended from the standpoint of the insured. This exclusion does not apply to "bodily injury" or "property damage" resulting from the use of reasonable force to protect persons or property; or
(2) "Personal and advertising injury" arising out of an offense committed by, at the direction of or with the consent or acquiescence of the insured with the expectation of inflicting "personal and advertising injury".

Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 393
Form SL 00 00 10 18 Page 4 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) b. Contractual Liability
(1) "Bodily injury" or "property damage"; or
(2) "Personal and advertising injury"
for which the insured is obligated to pay damages by reason of the assumption of liability in a contract or agreement.

This exclusion does not apply to liability for damages because of:
(a) "Bodily injury", "property damage" or "personal and advertising injury" that the insured would have in the absence of the contract or agreement; or
(b) "Bodily injury" or "property damage" assumed in a contract or agreement that is an "insured contract", provided the "bodily injury" or "property damage" occurs subsequent to the execution of the contract or agreement. Solely for the purpose of liability assumed in an "insured contract", reasonable attorneys' fees and necessary litigation expenses incurred by or for a party other than an insured are deemed to be damages because of "bodily injury" or "property damage" provided:
(i) Liability to such party for, or for the cost of, that party’s defense has also been assumed in the same "insured contract"; and
(ii) Such attorneys' fees and litigation expenses are for defense of that party against a civil or alternative dispute resolution proceeding in which damages to which this insurance applies are alleged.
c. Liquor Liability
"Bodily injury" or "property damage" for which any insured may be held liable by reason of:
(1) Causing or contributing to the intoxication of any person; (2) The furnishing of alcoholic beverages to a person under the legal drinking age or under the influence of alcohol;
(3) Providing or failing to provide transportation with respect to any person that may be under the influence of alcohol; or
(4) Any statute, ordinance or regulation relating to the sale, gift, distribution or use of alcoholic beverages.

This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “bodily injury” or “property damage” involved that which is described in Paragraph (1), (2), (3) or (4) above.

However, this exclusion applies only if you are in the business of manufacturing, distributing, selling, serving or furnishing alcoholic beverages. For the purposes of this exclusion, permitting a person to bring alcoholic beverages on your premises, for consumption on your premises, whether or not a fee is charged or a license is required for such activity, is not by itself considered the business of selling, serving, or furnishing alcoholic beverages.
d. Workers' Compensation And Similar Laws
Any obligation of the insured under a workers' compensation, disability benefits or unemployment compensation law or any similar law.
e. Employer’s Liability
"Bodily injury" to:
(1) An "employee" of the insured arising out of and in the course of:
(a) Employment by the insured; or
(b) Performing duties related to the conduct of the insured’s business; or (2) The spouse, child, parent, brother or sister of that "employee" as a consequence of (1) above.

This exclusion applies:
(1) Whether the insured may be liable as an employer or in any other capacity; and (2) To any obligation to share damages with or repay someone else who must pay damages because of the injury.

Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 394
Form SL 00 00 10 18 Page 5 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) This exclusion does not apply to liability assumed by the insured under an "insured contract". f. Pollution
(1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the actual, alleged or threatened discharge, dispersal, seepage, migration, release or escape of "pollutants":
(a) At or from any premises, site or location which is or was at any time owned or occupied by, or rented or loaned to any insured. However, this paragraph does not apply to:
(i) "Bodily injury" if sustained within a building and caused by smoke, fumes, vapor or soot produced by or originating from equipment that is used to heat, cool or dehumidify the building, or equipment that is used to heat water for personal use, by the building's occupants or their guests; (ii) "Bodily injury" or "property damage" for which you may be held liable, if you are a contractor and the owner or lessee of such premises, site or location has been added to this Coverage Part as an additional insured with respect to your ongoing operations performed for that additional insured at that premises, site or location and such premises, site or location is not and never was owned or occupied by, or rented or loaned to, any insured, other than that additional insured; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; (b) At or from any premises, site or location which is or was at any time used by or for any insured or others for the handling, storage, disposal, processing or treatment of waste; (c) Which are or were at any time transported, handled, stored, treated, disposed of, or processed as waste by or for:
(i) Any insured; or
(ii) Any person or organization for whom you may be legally responsible; (d) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured's behalf are performing operations if the "pollutants" are brought on or to the premises, site or location in connection with such operations by such insured, contractor or subcontractor. However, this paragraph does not apply to:
(i) "Bodily injury" or "property damage" arising out of the escape of fuels, lubricants or other operating fluids which are needed to perform the normal electrical, hydraulic or mechanical functions necessary for the operation of "mobile equipment" or its parts, if such fuels, lubricants or other operating fluids escape from a vehicle part designed to hold, store or receive them. This exception does not apply if the "bodily injury" or "property damage" arises out of the intentional discharge, dispersal or release of the fuels, lubricants or other operating fluids, or if such fuels, lubricants or other operating fluids are brought on or to the premises, site or location with the intent that they be discharged, dispersed or released as part of the operations being performed by such insured, contractor or subcontractor;
(ii) "Bodily injury" or "property damage" sustained within a building and caused by the release of gases, fumes or vapors from materials brought into that building in connection with operations being performed by you or on your behalf by a contractor or subcontractor; or (iii) "Bodily injury" or "property damage" arising out of heat, smoke or fumes from a "hostile fire"; or (e) At or from any premises, site or location on which any insured or any contractors or subcontractors working directly or indirectly on any insured’s behalf are performing operations if the operations are to test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants".
(2) Any loss, cost or expense arising out of any:
(a) Request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, contain, treat, detoxify or neutralize, or in any way respond to, or assess the effects of, "pollutants"; or
(b) Claim or “suit” by or on behalf of a governmental authority for damages because of testing for, monitoring, cleaning up, removing, containing, treating, detoxifying or neutralizing, or in any way responding to, or assessing the effects of, "pollutants".

Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 395
Form SL 00 00 10 18 Page 6 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) However, this paragraph does not apply to liability for damages because of "property damage" that the insured would have in the absence of such request, demand, order or statutory or regulatory requirement, or such claim or "suit" by or on behalf of a governmental authority. g. Aircraft, Auto Or Watercraft
(1) Unmanned Aircraft
"Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading".

This Exclusion g.(1) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury” or “property damage” arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft".
(2) Aircraft (Other Than Unmanned Aircraft), Auto or Watercraft "Bodily injury" or "property damage" arising out of the ownership, maintenance, use or entrustment to others of any aircraft (other than “unmanned aircraft”), "auto" or watercraft owned or operated by or rented or loaned to any insured. Use includes operation and "loading or unloading".

This Exclusion g.(2) applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "bodily injury" or "property damage" arises out of the ownership, maintenance, use or entrustment to others of any aircraft (other than “unmanned aircraft”), "auto" or watercraft that is owned or operated by or rented or loaned to any insured.

This Exclusion g.(2) does not apply to:
(a) A watercraft while ashore on premises you own or rent; (b) A watercraft you do not own that is:
(i) Less than 51 feet long; and
(ii) Not being used to carry persons or property for a charge; (c) Parking an "auto" on, or on the ways next to, premises you own or rent, provided the "auto" is not owned by or rented or loaned to you or the insured;
(d) Liability assumed under any "insured contract" for the ownership, maintenance or use of aircraft (other than “unmanned aircraft”) or watercraft;
(e) "Bodily injury" or "property damage" arising out of:
(i) The operation of any of the machinery or equipment listed in Paragraph f.(2) or f.(3) of the definition of "mobile equipment"; or
(ii) The operation of machinery or equipment that is attached to, or part of, a land vehicle that would qualify under the definition of “mobile equipment” if it were not subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged; or
(f) An aircraft (other than “unmanned aircraft”) that is not owned by any insured and is hired, chartered or loaned with a paid crew. However, this exception does not apply if the insured has any other insurance for such "bodily injury" or "property damage", whether the other insurance is primary, excess, contingent or on any other basis.
h. Mobile Equipment
"Bodily injury" or "property damage" arising out of:
(1) The transportation of "mobile equipment" by an "auto" owned or operated by or rented or loaned to any insured; or
(2) The use of “mobile equipment” in, or while in practice or preparation for, a prearranged racing, speed or demolition contest or in any stunting activity.

Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 396
Form SL 00 00 10 18 Page 7 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) i. War
"Bodily injury", "property damage" or "personal and advertising injury", however caused, arising, directly or indirectly, out of:
(1) War, including undeclared or civil war;
(2) Warlike action by a military force, including action in hindering or defending against an actual or expected attack, by any government, sovereign or other authority using military personnel or other agents; or (3) Insurrection, rebellion, revolution, usurped power, or action taken by governmental authority in hindering or defending against any of these.
j. Professional Services
"Bodily injury", "property damage" or "personal and advertising injury" arising out of the rendering of or failure to render any professional service. This includes but is not limited to:
(1) Legal, accounting or advertising services;
(2) Preparing, approving, or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; (3) Supervisory, inspection, architectural or engineering activities; (4) Medical, surgical, dental, x-ray or nursing services, treatment, advice or instruction; (5) Any health or therapeutic service treatment, advice or instruction; (6) Any service, treatment, advice or instruction for the purpose of appearance or skin enhancement, hair removal or replacement or personal grooming;
(7) Optical or hearing aid services including the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products or hearing aid devices; (8) Optometry or optometric services including but not limited to examination of the eyes and the prescribing, preparation, fitting, demonstration or distribution of ophthalmic lenses and similar products; (9) Any:
(a) Body piercing (not including ear piercing);
(b) Tattooing, including but not limited to the insertion of pigments into or under the skin; and (c) Similar services;
(10)Pharmaceutical services including but not limited to:
(a) The administering, prescribing, preparing, distributing or compounding of pharmaceutical drugs, vaccinations, immunizations or any of their component parts; (b) The providing of or failure to provide home health care or home infusion products or services; and (c) Advising and consulting customers;
(11)Computer consulting, design or programming services, including web site design.

This exclusion applies even if the claims allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by an insured, if the “bodily injury”, “property damage”, or “personal and advertising injury” arises out of the rendering of or the failure to render any professional service.

Paragraphs (4) and (5) of this exclusion do not apply to the Incidental Medical Malpractice coverage afforded under Paragraph 1.e. in Section A. Coverages.
k. Damage To Property
"Property damage" to:
(1) Property you own, rent or occupy, including any costs or expenses incurred by you, or any other person, organization or entity, for repair, replacement, enhancement, restoration or maintenance of such property for any reason, including prevention of injury to a person or damage to another's property; (2) Premises you sell, give away or abandon, if the "property damage" arises out of any part of those premises;
Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 397
Form SL 00 00 10 18 Page 8 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) (3) Property loaned to you;
(4) Personal property in the care, custody or control of the insured; (5) That particular part of real property on which you or any contractors or subcontractors working directly or indirectly on your behalf are performing operations, if the "property damage" arises out of those operations; or
(6) That particular part of any property that must be restored, repaired or replaced because "your work" was incorrectly performed on it.

Paragraphs (1), (3) and (4) of this exclusion do not apply to "property damage" (other than damage by fire) to premises, including the contents of such premises, rented to you for a period of 7 or fewer consecutive days. A separate limit of insurance applies to Damage To Premises Rented To You as described in Section D. Limits Of Insurance.

Paragraph (2) of this exclusion does not apply if the premises are "your work" and were never occupied, rented or held for rental by you.

Paragraphs (3) and (4) of this exclusion do not apply to the use of elevators.

Paragraphs (3), (4), (5) and (6) of this exclusion do not apply to liability assumed under a sidetrack agreement.

Paragraphs (3) and (4) of this exclusion do not apply to "property damage" to borrowed equipment while not being used to perform operations at a job site.

Paragraph (6) of this exclusion does not apply to "property damage" included in the "products-completed operations hazard".
l. Damage To Your Product
"Property damage" to "your product" arising out of it or any part of it. m. Damage To Your Work
"Property damage" to "your work" arising out of it or any part of it and included in the "products-completed operations hazard".

This exclusion does not apply if the damaged work or the work out of which the damage arises was performed on your behalf by a subcontractor.
n. Damage To Impaired Property Or Property Not Physically Injured "Property damage" to "impaired property" or property that has not been physically injured, arising out of:
(1) A defect, deficiency, inadequacy or dangerous condition in "your product" or "your work"; or (2) A delay or failure by you or anyone acting on your behalf to perform a contract or agreement in accordance with its terms.

This exclusion does not apply to the loss of use of other property arising out of sudden and accidental physical injury to "your product" or "your work" after it has been put to its intended use. o. Recall Of Products, Work Or Impaired Property
Damages claimed for any loss, cost or expense incurred by you or others for the loss of use, withdrawal, recall, inspection, repair, replacement, adjustment, removal or disposal of:
(1) "Your product";
(2) "Your work"; or
(3) "Impaired property";
if such product, work or property is withdrawn or recalled from the market or from use by any person or organization because of a known or suspected defect, deficiency, inadequacy or dangerous condition in it. p. Personal And Advertising Injury
"Personal and advertising injury":
(1) Arising out of oral, written, electronic, or any other manner of publication of material, if done by or at the direction of the insured with knowledge of its falsity; Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 398
Form SL 00 00 10 18 Page 9 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) (2) Arising out of oral, written, electronic, or any other manner of publication of material whose first publication took place before the beginning of the policy period; (3) Arising out of a criminal act committed by or at the direction of the insured; (4) Arising out of any breach of contract, except an implied contract to use another’s "advertising idea" in your "advertisement";
(5) Arising out of the failure of goods, products or services to conform with any statement of quality or performance made in your "advertisement";
(6) Arising out of the wrong description of the price of goods, products or services; (7) Arising out of:
(a) Any actual or alleged infringement or violation of any intellectual property rights, such as copyright, patent, right of publicity, trademark, trade dress, trade name, trade secret, service mark or other designation of origin or authenticity; or
(b) Any injury or damage alleged in any claim or “suit” that also alleges an infringement or violation of any intellectual property right, whether such allegation of infringement or violation is made against you, or by you or by any other party involved in the claim or “suit”, regardless of whether this insurance would otherwise apply.

However, this exclusion does not apply if the only allegation in the claim or “suit” involving any intellectual property right is limited to:
(i) Infringement, in your “advertisement”, of:
a. Copyright;
b. Slogan; unless the slogan is also a trademark, trade dress, trade name, service mark or other designation of origin or authenticity; or
c. Title of any literary or artistic work; or
(ii) Copying, in your “advertisement”, a person’s or organization’s “advertising idea” or style of “advertisement”.

Paragraph (7)(b)ii above shall not apply to claims or “suits” alleging infringement or violation of trademark, trade dress, trade name, service mark or other designation of origin or authenticity. (8) Arising out of an offense committed by an insured whose business is:
(a) Advertising, broadcasting, publishing or telecasting; (b) Designing or determining content of web sites for others; or (c) An Internet search, access, content or service provider.

However, this exclusion does not apply to Paragraphs a., b. and c. under the definition of "personal and advertising injury" in Section F. Liability And Medical Expenses Definitions.

For the purposes of this exclusion, the placing of frames, borders, or links, or advertising, for you or others anywhere on the Internet, is not by itself, considered the business of advertising, broadcasting, publishing or telecasting;
(9) Arising out of an electronic chat room or bulletin board the insured hosts, owns, or over which the insured exercises control;
(10)Arising out of the unauthorized use of another's name or product in your e-mail address, domain name or metatags, or any other similar tactics to mislead another's potential customers; (11)Arising out of the violation of a person's right of privacy created by any state or federal act.

However, this exclusion does not apply to liability for damages that the insured would have in the absence of such state or federal act;
(12)Arising out of:
(a) Advertising content for others on your web site;
(b) Placing a link to a web site of others on your web site; Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 399
Form SL 00 00 10 18 Page 10 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) (c) Content from a web site of others displayed within a frame or border on your web site. Content includes information, code, sounds, text, graphics or images; or (d) Computer code, software or programming used to enable:
(i) Your web site; or
(ii) The presentation or functionality of an "advertisement" or other content on your web site; (13)Arising out of a violation of any anti-trust law;
(14)Arising out of the fluctuation in price or value of any stocks, bonds or other securities; (15)Arising out of any access to or disclosure of any person's or organization's confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information.

This exclusion applies even if damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of any access to or disclosure of any person's or organization's confidential or personal information; or
(16)Arising out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft". Use includes operation and "loading or unloading".

This exclusion applies even if the claims against any insured allege negligence or other wrongdoing in the supervision, hiring, employment, training or monitoring of others by that insured, if the "personal and advertising injury" arises out of the ownership, maintenance, use or entrustment to others of any aircraft that is an "unmanned aircraft".

However, this exclusion does not apply if the only allegation in the claim or "suit" involves an intellectual property right which is limited to:
(a) Infringement, in your "advertisement", of:
(i) Copyright;
(ii) Slogan; or
(iii) Title of any literary or artistic work; or
(b) Copying, in your "advertisement", a person's or organization's "advertising idea" or style of "advertisement".
q. Access Or Disclosure Of Confidential Or Personal Information And Data-Related Liability (1) Damages because of “bodily injury” or “property damage” arising out of any access to or disclosure of any person’s or organization’s confidential or personal information, including patents, trade secrets, processing methods, customer lists, financial information, credit card information, health information or any other type of nonpublic information; or
(2) Damages arising out of the loss of, loss of use of, damage to, corruption of, inability to access, or inability to manipulate "electronic data".

This exclusion applies even if such damages are claimed for notification costs, credit monitoring expenses, forensic expenses, public relations expenses or any other loss, cost or expense incurred by you or others arising out of that which is described in Paragraphs (1) or (2) above.

However, unless Paragraph (1) above applies, this exclusion does not apply to damages because of “bodily injury”.
r. Employment-Related Practices
"Bodily injury" or "personal and advertising injury" to:
(1) A person arising out of any:
(a) Refusal to employ that person;
(b) Termination of that person's employment; or
Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 400
Form SL 00 00 10 18 Page 11 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) (c) Employment-related practices, policies, acts or omissions, such as coercion, demotion, evaluation, reassignment, discipline, defamation, harassment, humiliation, discrimination, malicious prosecution or false arrest directed at that person; or
(2) The spouse, child, parent, brother or sister of that person as a consequence of "bodily injury" or "personal and advertising injury" to that person at whom any of the employment-related practices described in Paragraphs (a), (b), or (c) above is directed.

This exclusion applies:
(1) Whether the injury-causing event described in Paragraphs (a), (b), or (c) above occurs before employment, during employment or after employment of that person; (2) Whether the insured may be liable as an employer or in any other capacity; and (3) To any obligation to share damages with or repay someone else who must pay damages because of the injury.
s. Asbestos
(1) "Bodily injury", "property damage" or "personal and advertising injury" arising out of the "asbestos hazard".
(2) Any damages, judgments, settlements, loss, costs or expenses that:
(a) May be awarded or incurred by reason of any claim or “suit” alleging actual or threatened injury or damage of any nature or kind to persons or property which would not have occurred in whole or in part but for the "asbestos hazard";
(b) Arise out of any request, demand, order or statutory or regulatory requirement that any insured or others test for, monitor, clean up, remove, encapsulate, contain, treat, detoxify or neutralize or in any way respond to or assess the effects of an "asbestos hazard"; or (c) Arise out of any claim or “suit” for damages because of testing for, monitoring, cleaning up, removing, encapsulating, containing, treating, detoxifying or neutralizing or in any way responding to or assessing the effects of an "asbestos hazard".
t. Recording And Distribution Of Material Or Information In Violation Of Law "Bodily injury", "property damage", or "personal and advertising injury" arising directly or indirectly out of any action or omission that violates or is alleged to violate:
(1) The Telephone Consumer Protection Act (TCPA), including any amendment of or addition to such law; (2) The CAN-SPAM Act of 2003, including any amendment of or addition to such law; (3) The Fair Credit Reporting Act (FCRA), and any amendment of or addition to such law, including the Fair and Accurate Credit Transaction Act (FACTA); or
(4) Any federal, state or local statute, ordinance or regulation, other than the TCPA, CAN-SPAM Act of 2003 or FCRA and their amendments and additions, that addresses, prohibits or limits the printing, dissemination, disposal, collecting, recording, sending, transmitting, communicating or distribution of material or information.

Damage To Premises Rented To You – Exception For Damage By Fire, Lightning Or Explosion Exclusions c. through h. and k. through o. do not apply to damage by fire, lightning or explosion to premises rented to you or temporarily occupied by you with permission of the owner. A separate limit of insurance applies to this coverage as described in Section D. Liability And Medical Expenses Limits Of Insurance.

2. Applicable To Medical Expenses Coverage
We will not pay expenses for "bodily injury":
a. Any Insured
To any insured, except "volunteer workers".
b. Hired Person
To a person hired to do work for or on behalf of any insured or a tenant of any insured.

Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 401
Form SL 00 00 10 18 Page 12 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) c. Injury On Normally Occupied Premises
To a person injured on that part of premises you own or rent that the person normally occupies. d. Workers' Compensation And Similar Laws
To a person, whether or not an "employee" of any insured, if benefits for the "bodily injury" are payable or must be provided under a workers' compensation or disability benefits law or a similar law. e. Athletics Activities
To a person injured while practicing, instructing or participating in any physical exercises or games, sports or athletic contests.
f. Products-Completed Operations Hazard
Included with the "products-completed operations hazard". g. Business Liability Exclusions
Excluded under Business Liability Coverage.

C. WHO IS AN INSURED

1. If you are designated in the Declarations as:
a. An individual, you and your spouse are insureds, but only with respect to the conduct of a business, other than that described in b. through e. below, of which you are the sole owner. b. A partnership or joint venture, you are an insured. Your members, your partners, and their spouses are also insureds, but only with respect to the conduct of your business. c. A limited liability company, you are an insured. Your members are also insureds, but only with respect to the conduct of your business. Your managers are insureds, but only with respect to their duties as your managers.
d. An organization other than a partnership, joint venture or limited liability company, you are an insured. Your "executive officers" and directors are insureds, but only with respect to their duties as your officers or directors. Your stockholders are also insureds, but only with respect to their liability as stockholders. e. A trust, you are an insured. Your trustees are also insureds, but only with respect to their duties as trustees.

2. Each of the following is also an insured:
a. Employees And Volunteer Workers
Your "volunteer workers" only while performing duties related to the conduct of your business, or your "employees", other than either your "executive officers" (if you are an organization other than a partnership, joint venture or limited liability company) or your managers (if you are a limited liability company), but only for acts within the scope of their employment by you or while performing duties related to the conduct of your business.

However, none of these "employees" or "volunteer workers" are insureds for:
(1) "Bodily injury" or "personal and advertising injury":
(a) To you, to your partners or members (if you are a partnership or joint venture), to your members (if you are a limited liability company), or to a co-"employee" while in the course of his or her employment or performing duties related to the conduct of your business, or to your other "volunteer workers" while performing duties related to the conduct of your business; (b) To the spouse, child, parent, brother or sister of that co-"employee" or that "volunteer worker" as a consequence of Paragraph (1)(a) above;
(c) For which there is any obligation to share damages with or repay someone else who must pay damages because of the injury described in Paragraphs (1)(a) or (b) above; or (d) Arising out of his or her providing or failing to provide professional health care services.

If you are not in the business of providing professional health care services, Paragraph (d) does not apply to any nurse, emergency medical technician or paramedic employed by you to provide such services. (2) "Property damage" to property:

Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 402
Form SL 00 00 10 18 Page 13 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) (a) Owned, occupied or used by:
(b) Rented to, in the care, custody or control of, or over which physical control is being exercised for any purpose by you, any of your "employees", "volunteer workers", any partner or member (if you are a partnership or joint venture), or any member (if you are a limited liability company). b. Real Estate Manager
Any person (other than your "employee" or "volunteer worker"), or any organization while acting as your real estate manager.
c. Temporary Custodians Of Your Property
Any person or organization having proper temporary custody of your property if you die, but only:
(1) With respect to liability arising out of the maintenance or use of that property; and (2) Until your legal representative has been appointed. d. Legal Representative If You Die
Your legal representative if you die, but only with respect to duties as such. That representative will have all your rights and duties under this insurance.
e. Unnamed Subsidiary
Any subsidiary and subsidiary thereof, of yours which is a legally incorporated entity of which you own a financial interest of more than 50% of the voting stock on the effective date of this Coverage Part.

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

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

4. Operator Of Mobile Equipment
With respect to "mobile equipment" any person is an insured while driving such equipment along a public highway with your permission. Any other person or organization responsible for the conduct of such person is also an insured, but only with respect to liability arising out of the operation of the equipment, and only if no other insurance of any kind is available to that person or organization for this liability. However, no person or organization is an insured with respect to:
a. "Bodily injury" to a co-"employee" of the person driving the equipment; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision.

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

However, no person or organization is an insured with respect to:

Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 403
Form SL 00 00 10 18 Page 14 of 22
© 2018, The Hartford
(May include copyrighted material of Insurance Services Office, Inc., with its permission) a. "Bodily injury" to a co-"employee" of the person operating the watercraft; or b. "Property damage" to property owned by, rented to, in the charge of or occupied by you or the employer of any person who is an insured under this provision.

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

D. LIABILITY AND MEDICAL EXPENSES LIMITS OF INSURANCE

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

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

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

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

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

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

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

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

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

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

If more than one limit of insurance under this Policy and any endorsements attached thereto applies to any claim or "suit", the most we will pay under this Policy and the endorsements is the single highest limit of liability of all Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 404
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(May include copyrighted material of Insurance Services Office, Inc., with its permission) coverages applicable to such claim or "suit". However, this paragraph does not apply to the Medical Expenses limit set forth in Paragraph 3. above.

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

E. LIABILITY AND MEDICAL EXPENSES GENERAL CONDITIONS

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

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

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

However, this provision does not apply to the extent that you have agreed in a written contract, written agreement or permit that this insurance is primary and non-contributory with such additional insured's own insurance.
f. Knowledge Of An Occurrence, Offense, Claim Or Suit
Paragraphs a. and b. apply to you or to any additional insured under this Coverage Part only when such "occurrence", offense, claim or "suit" is known to:

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(May include copyrighted material of Insurance Services Office, Inc., with its permission) (1) You or any additional insured under this Coverage Part that is an individual; (2) Any partner, if you or an additional insured under this Coverage Part is a partnership; (3) Any manager, if you or an additional insured under this Coverage Part is a limited liability company; (4) Any "executive officer" or insurance manager, if you or an additional insured under this Coverage Part is a corporation;
(5) Any trustee, if you or an additional insured under this Coverage Part is a trust; or (6) Any elected or appointed official, if you or an additional insured under this Coverage Part is a political subdivision or public entity.

This Paragraph f. applies separately to you and any additional insured under this Coverage Part.

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

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

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

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

6. Other Insurance
If other valid and collectible insurance is available for a loss we cover under this Coverage Part, our obligations are limited as follows:
a. Primary Insurance
This insurance is primary except when b. below applies. If other insurance is also primary, we will share with all that other insurance by the method described in c. below. b. Excess Insurance
This insurance is excess over any of the other insurance, whether primary, excess, contingent or on any other basis:
(1) Your Work
That is Fire, Extended Coverage, Builder's Risk, Installation Risk, Owner Controlled Insurance Program or OCIP, Contractor Controlled Insurance Program or CCIP, Wrap Up Insurance or similar coverage for "your work";
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(May include copyrighted material of Insurance Services Office, Inc., with its permission) (2) Premises Rented To You
That is fire, lightning or explosion insurance for premises rented to you or temporarily occupied by you with permission of the owner;
(3) Tenant Liability
That is insurance purchased by you to cover your liability as a tenant for "property damage" to premises rented to you or temporarily occupied by you with permission of the owner; (4) Aircraft, Auto Or Watercraft
If the loss arises out of the maintenance or use of aircraft, "autos" or watercraft to the extent not subject to Exclusion g. of Section B. Exclusions.
(5) Property Damage To Borrowed Equipment Or Use Of Elevators If the loss arises out of "property damage" to borrowed equipment or the use of elevators to the extent not subject to Exclusion k. of Section B. Exclusions.
(6) When You Are Added As An Additional Insured To Other Insurance That is other insurance available to you covering liability for damages arising out of the premises or operations, or products and completed operations, for which you have been added as an additional insured by that insurance; or
(7) When You Add Others As An Additional Insured To This Insurance That is other insurance available to an additional insured.

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

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

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

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

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

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(May include copyrighted material of Insurance Services Office, Inc., with its permission) If any of the other insurance does not permit contribution by equal shares, we will contribute by limits. Under this method, each insurer’s share is based on the ratio of its applicable limit of insurance to the total applicable limits of insurance of all insurers.

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

F. LIABILITY AND MEDICAL EXPENSES DEFINITIONS

1. "Advertisement" means a notice that is broadcast or published to the general public or specific market segments about your goods, products or services for the purpose of attracting customers or supporters. For the purpose of this definition:
a. Notices that are published include material placed on the Internet or on similar electronic means of communication; and
b. Regarding web sites, only that part of a web site that is about your goods, products or services for the purpose of attracting customers or supporters is considered an advertisement.

2. "Advertising idea" means any idea for an "advertisement".

3. "Asbestos hazard" means an exposure or threat of exposure to the actual or alleged properties of asbestos and includes the mere presence of asbestos in any form.

4. "Auto" means:
a. A land motor vehicle, trailer or semi-trailer designed for travel on public roads, including any attached machinery or equipment; or
b. Any other land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where it is licensed or principally garaged.

However, "auto" does not include "mobile equipment".

5. "Bodily injury" means physical:
a. Injury;
b. Sickness; or
c. Disease
sustained by a person and, if arising out of the above, mental anguish or death at any time.

6. "Coverage territory" means:
a. The United States of America (including its territories and possessions), Puerto Rico and Canada; b. International waters or airspace, but only if the injury or damage occurs in the course of travel or transportation between any places included in a. above; c. All other parts of the world if the injury or damage arises out of:
(1) Goods or products made or sold by you in the territory described in a. above; (2) The activities of a person whose home is in the territory described in a. above, but is away for a short time on your business; or
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(May include copyrighted material of Insurance Services Office, Inc., with its permission) (3) "Personal and advertising injury" offenses that take place through the Internet or similar electronic means of communication.
provided the insured's responsibility to pay damages is determined in the United States of America (including its territories and possessions), Puerto Rico or Canada, in a "suit" on the merits according to the substantive law in such territory, or in a settlement we agree to.

7. "Electronic data" means information, facts or computer programs stored as or on, created or used on, or transmitted to or from computer software (including systems and applications software), on hard or floppy disks, CD-ROMs, tapes, drives, cells, data processing devices or any other repositories of computer software which are used with electronically controlled equipment. The term computer programs, referred to in the foregoing description of “electronic data”, means a set of related electronic instructions which direct the operations and functions of a computer or device connected to it, which enable the computer or device to receive, process, store, retrieve or send data.

8. "Employee" includes a "leased worker". "Employee" does not include a "temporary worker".

9. "Executive officer" means a person holding any of the officer positions created by your charter, constitution, bylaws or any other similar governing document.

10. "Hostile fire" means one which becomes uncontrollable or breaks out from where it was intended to be.

11. "Impaired property" means tangible property, other than "your product" or "your work", that cannot be used or is less useful because:
a. It incorporates "your product" or "your work" that is known or thought to be defective, deficient, inadequate or dangerous; or
b. You have failed to fulfill the terms of a contract or agreement; if such property can be restored to use by:
a. The repair, replacement, adjustment or removal of "your product" or "your work"; or b. Your fulfilling the terms of the contract or agreement.

12. "Insured contract" means:
a. A contract for a lease of premises. However, that portion of the contract for a lease of premises that indemnifies any person or organization for damage by fire, lightning or explosion to premises while rented to you or temporarily occupied by you with permission of the owner is subject to the Damage To Premises Rented To You limit described in Section D. Liability And Medical Expenses Limits Of Insurance. b. A sidetrack agreement;
c. Any easement or license agreement, including an easement or license agreement in connection with construction or demolition operations on or within 50 feet of a railroad; d. Any obligation, as required by ordinance, to indemnify a municipality, except in connection with work for a municipality;
e. An elevator maintenance agreement; or
f. That part of any other contract or agreement pertaining to your business (including an indemnification of a municipality in connection with work performed for a municipality) under which you assume the tort liability of another party to pay for "bodily injury" or "property damage" to a third person or organization. Tort liability means a liability that would be imposed by law in the absence of any contract or agreement.

Paragraph f. includes that part of any contract or agreement that indemnifies a railroad for "bodily injury" or "property damage" arising out of construction or demolition operations within 50 feet of any railroad property and affecting any railroad bridge or trestle, tracks, road-beds, tunnel, underpass or crossing.

However, Paragraph f. does not include that part of any contract or agreement:
(1) That indemnifies an architect, engineer or surveyor for injury or damage arising out of:
(a) Preparing, approving or failing to prepare or approve maps, shop drawings, opinions, reports, surveys, field orders, change orders, designs or drawings and specifications; or (b) Giving directions or instructions, or failing to give them, if that is the primary cause of the injury or damage; or
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(May include copyrighted material of Insurance Services Office, Inc., with its permission) (2) Under which the insured, if an architect, engineer or surveyor, assumes liability for an injury or damage arising out of the insured's rendering or failure to render professional services, including those listed in (1) above and supervisory, inspection, architectural or engineering activities.

13. "Leased worker" means a person leased to you by a labor leasing firm under an agreement between you and the labor leasing firm, to perform duties related to the conduct of your business. "Leased worker" does not include a "temporary worker".

14. "Loading or unloading" means the handling of property:
a. After it is moved from the place where it is accepted for movement into or onto an aircraft, watercraft or "auto";
b. While it is in or on an aircraft, watercraft or "auto"; or c. While it is being moved from an aircraft, watercraft or "auto" to the place where it is finally delivered; but "loading or unloading" does not include the movement of property by means of a mechanical device, other than a hand truck, that is not attached to the aircraft, watercraft or "auto".

15. "Mobile equipment" means any of the following types of land vehicles, including any attached machinery or equipment:
a. Bulldozers, farm machinery, forklifts and other vehicles designed for use principally off public roads; b. Vehicles maintained for use solely on or next to premises you own or rent; c. Vehicles that travel on crawler treads;
d. Vehicles, whether self-propelled or not, on which are permanently mounted:
(1) Power cranes, shovels, loaders, diggers or drills; or (2) Road construction or resurfacing equipment such as graders, scrapers or rollers; e. Vehicles not described in a., b., c., or d. above that are not self-propelled and are maintained primarily to provide mobility to permanently attached equipment of the following types:
(1) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment; or
(2) Cherry pickers and similar devices used to raise or lower workers; f. Vehicles not described in a., b., c., or d. above maintained primarily for purposes other than the transportation of persons or cargo.

However, self-propelled vehicles with the following types of permanently attached equipment are not "mobile equipment" but will be considered "autos":
(1) Equipment, of at least 1,000 pounds gross vehicle weight, designed primarily for:
(a) Snow removal;
(b) Road maintenance, but not construction or resurfacing; or (c) Street cleaning;
(2) Cherry pickers and similar devices mounted on automobile or truck chassis and used to raise or lower workers; and
(3) Air compressors, pumps and generators, including spraying, welding, building cleaning, geophysical exploration, lighting and well servicing equipment.

However, “mobile equipment” does not include any land vehicle that is subject to a compulsory or financial responsibility law or other motor vehicle insurance or motor vehicle registration law where they are licensed or principally garaged. Land vehicles subject to a compulsory or financial responsibility law or other motor vehicle insurance law or motor vehicle registration law are considered “autos”.

16. "Occurrence" means an accident, including continuous or repeated exposure to substantially the same general harmful conditions.

17. "Personal and advertising injury" means injury, including consequential "bodily injury", arising out of one or more of the following offenses:

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(May include copyrighted material of Insurance Services Office, Inc., with its permission) a. False arrest, detention or imprisonment;
b. Malicious prosecution;
c. The wrongful eviction from, wrongful entry into, or invasion of the right of private occupancy of a room, dwelling or premises that a person or organization occupies, committed by or on behalf of its owner, landlord or lessor;
d. Oral, written, electronic, or any other manner of publication of material that slanders or libels a person or organization or disparages a person's or organization's goods, products or services; e. Oral, written, electronic, or any other manner of publication of material that violates a person's right of privacy; f. Copying, in your "advertisement", a person’s or organization’s "advertising idea" or style of "advertisement"; or g. Infringement of copyright, slogan, or title of any literary or artistic work, in your "advertisement".

18. "Pollutants" means any solid, liquid, gaseous or thermal irritant or contaminant, including smoke, vapor, soot, fumes, acids, alkalis, chemicals and waste. Waste includes materials to be recycled, reconditioned or reclaimed.

19. "Products-completed operations hazard";
a. Includes all "bodily injury" and "property damage" occurring away from premises you own or rent and arising out of "your product" or "your work" except:
(1) Products that are still in your physical possession; or (2) Work that has not yet been completed or abandoned. However, "your work" will be deemed to be completed at the earliest of the following times:
(a) When all of the work called for in your contract has been completed. (b) When all of the work to be done at the job site has been completed if your contract calls for work at more than one job site.
(c) When that part of the work done at a job site has been put to its intended use by any person or organization other than another contractor or subcontractor working on the same project.

Work that may need service, maintenance, correction, repair or replacement, but which is otherwise complete, will be treated as completed.

The "bodily injury" or "property damage" must occur away from premises you own or rent, unless your business includes the selling, handling or distribution of "your product" for consumption on premises you own or rent.
b. Does not include "bodily injury" or "property damage" arising out of:
(1) The transportation of property, unless the injury or damage arises out of a condition in or on a vehicle not owned or operated by you, and that condition was created by the "loading or unloading" of that vehicle by any insured; or
(2) The existence of tools, uninstalled equipment or abandoned or unused materials.

20. "Property damage" means:
a. Physical injury to tangible property, including all resulting loss of use of that property. All such loss of use shall be deemed to occur at the time of the physical injury that caused it; or b. Loss of use of tangible property that is not physically injured. All such loss of use shall be deemed to occur at the time of "occurrence" that caused it.

As used in this definition, "electronic data" is not tangible property.

21. "Suit" means a civil proceeding in which damages because of "bodily injury", "property damage" or "personal and advertising injury" to which this insurance applies are alleged. "Suit" includes:
a. An arbitration proceeding in which such damages are claimed and to which the insured must submit or does submit with our consent; or
b. Any other alternative dispute resolution proceeding in which such damages are claimed and to which the insured submits with our consent.

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22. "Temporary worker" means a person who is furnished to you to substitute for a permanent "employee" on leave or to meet seasonal or short-term workload conditions.

23. "Unmanned aircraft" means an aircraft that is not:
a. Designed;
b. Manufactured; or
c. Modified after manufacture;
to be controlled directly by a person from within or on the aircraft.

24. "Volunteer worker" means a person who:
a. Is not your "employee";
b. Donates his or her work;
c. Acts at the direction of and within the scope of duties determined by you; and d. Is not paid a fee, salary or other compensation by you or anyone else for their work performed for you.

25. "Your product":
a. Means:
(1) Any goods or products, other than real property, manufactured, sold, handled, distributed or disposed of by:
(a) You;
(b) Others trading under your name; or
(c) A person or organization whose business or assets you have acquired; and (2) Containers (other than vehicles), materials, parts or equipment furnished in connection with such goods or products.
b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your product"; and
(2) The providing of or failure to provide warnings or instructions. c. Does not include vending machines or other property rented to or located for the use of others but not sold.

26. "Your work":
a. Means:
(1) Work or operations performed by you or on your behalf; and (2) Materials, parts or equipment furnished in connection with such work or operations. b. Includes:
(1) Warranties or representations made at any time with respect to the fitness, quality, durability, performance or use of "your work"; and
(2) The providing of or failure to provide warnings or instructions.

Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 412
THIS ENDORSEMENT CHANGES THE POLICY. PLEASE READ IT CAREFULLY.

Countersigned by
Authorized Representative
Form WC 04 03 06 (1) Printed in U.S.A.

Process Date: 05/07/25 Policy Expiration Date: 06/16/26

WAIVER OF OUR RIGHT TO RECOVER FROM

OTHERS ENDORSEMENT - CALIFORNIA
Policy Number: 57 WBC GG0320 Endorsement Number:

Effective Date: 06/16/25 Effective hour is the same as stated on the Information Page of the policy.

Named Insured and Address: GVP VENTURES INC.,
1544 EUREKA RD STE 280
ROSEVILLE CA 95661
We have the right to recover our payments from anyone liable for an injury covered by this policy. We will not enforce our right against the person or organization named in the Schedule. (This agreement applies only to the extent that you perform work under a written contract that requires you to obtain this agreement from us.) You must maintain payroll records accurately segregating the remuneration of your employees while engaged in the work described in the Schedule.

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

SCHEDULE
Person or Organization Job Description
Any person or organization for whom you are required by written contract or agreement to obtain this waiver of rights from us
Docusign Envelope ID: 107B616B-B410-4FEB-A069-6143781EC832 413
DocID #34720v1

CITY OF RICHMOND

CONTRACT AMENDMENT
The parties to this Contract Amendment do mutually agree and promise as follows:

1. Parties. The parties to this Contract Amendment are the City of Richmond, a public body corporate and politic, and the following named Contractor:

Contractor Name:

Street Address:

City, State, Zip Code:

Contact Person:

Telephone: Email:

Business License No:

A California: corporation, limited liability corporation, general partnership, limited partnership, individual, non-profit corporation, individual dba as [specify:] _________________________________________ other [specify:] ___________________________________________________

2. Purpose. This Contract Amendment is being entered into to amend the following Contract between City and Contractor (list terms in effect on the date of initial Contract approval):

City Council Approval Date/City Manager Execution Date: ____________________________ Effective Date: ___________________; Termination Date: ____________________________ Payment Limit: ___________________.
[check box if applicable] The Contract was previously amended, as described in the amendment history attached to this Contract Amendment, and the terms and conditions of any amendments shall be deemed to be a part of the Contract.

3. Contract Provisions. The parties hereto agree to continue to abide by those terms and conditions of the Contract, including any amendments thereto, which are unaffected by this Contract Amendment, and which shall remain in full force and effect.

Department: City Project Manager:

City Project Manager E-mail: City Project Manager Phone No:

Vendor No: Contract No:

Description of Services:

Amendment No. ___ modifies the (check all that apply):

Term Payment Limit Service Plan
Complete the Amendment History page if this Amendment is the 2nd or subsequent amendment.

Human Resources Sharrone Taylor, Director of Human Resources [email protected] 510-620-6602 14372 Recruitment services as needed
1 GVP Ventures Inc. DBA: Bob Murray and Associates 1544 Eureka Road, Suite 180 Roseville, CA 95661 Valerie Gaeta Phillips, President 916-784-9080 [email protected] 4001 4547 July 1, 2025 July 1, 2025 June 30, 2026 34000.00 414
DocID #34720v1 Modified January 14, 2025

4. Amendment Provisions. This Contract Amendment is subject to the Amendment Provisions attached hereto, which are incorporated herein by reference, and which control over any conflicting provisions of the Contract.

5. City of Richmond Business License Active Status Maintained. Pursuant to Municipal Code Section

7.04.030, the Contractor must maintain its City of Richmond business license for this Contract Amendment to be deemed to be in effect.

6. Insurance Coverage Updated and Maintained. Pursuant to the Contract, the Contractor shall provide the City with updated insurance certificates, and the Contractor shall maintain insurance coverage, for this Contract Amendment to be deemed to be in effect.

7. Authority; Counterparts; Signatures. Each of the signatories hereto represents and warrants that he or she has the authority to execute this Contract Amendment for the Party on whose behalf he or she is executing this Contract Amendment. This Contract Amendment may be executed in one or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. The Parties may rely on electronic or scanned signatures as originals. Delivery of an executed signature page of this Contract Amendment by electronic format (including pdf) shall be the same as delivery of an original executed signature page.

CITY OF RICHMOND,
a municipal corporation
By: ________________________________
Title: ______________________________
Date Signed: ________________________
I hereby certify that this Amendment has been
approved by the City Council or executed by the
City Manager.

By: _______________________________
City Clerk
Approved as to form:

By: _______________________________
City Attorney
[CONTRACTOR NAME]
(*If applicable, the Corporation Chairperson of the
Board, President, or Vice-President should sign
below.)
By: ____________________________________
Title: __________________________________
Date Signed: ____________________________
(*If applicable, the Corporation Chief Financial Officer or Assistant Treasurer, or Secretary or Assistant
Secretary should sign below.)
By: ___________________________________
Title: __________________________________
*(NOTE: Pursuant to California Corporations
Code Section 313, if Contractor is a corporation or
nonprofit organization, this Contract (1) should be
signed by the Chairperson of the Board, President
or Vice-President and the Chief Financial Officer
or Assistant Treasurer, or Secretary or Assistant
Secretary; (2) should have both signatures
conform to designated representative groups
pursuant to Corporations Code Section 313.)
GVP Ventures Inc. DBA: Bob Murray and Associates
415
DocID #34720v1 Modified January 14, 2025

AMENDMENT PROVISIONS (AMENDMENT HISTORY)
If no prior amendments, skip to next page.

The first Contract Amendment was approved by City Council or executed by the City Manager on ______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The second Contract Amendment was approved by City Council or executed by the City Manager on _________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The third Contract Amendment was approved by City Council or executed by the City Manager on _______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fourth Contract Amendment was approved by City Council or executed by the City Manager on ________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The fifth Contract Amendment was approved by City Council or executed by the City Manager on ________________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
The sixth Contract Amendment was approved by City Council or executed by the City Manager on _______________________ for one or more of the following provisions (check those that apply):

Increased contract payment limit by $_________________ for a payment limit not to exceed $ _________________
Term Amendment (insert new termination date): ________________________ Service Plan
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AMENDMENT PROVISIONS (TERM, PAYMENT LIMIT AND/OR SERVICE PLAN) Check all that apply:

TERM

PAYMENT
LIMIT

SERVICE
PLAN
Paragraph 2 (Term) of the Contract is hereby amended to extend the Contract term. Paragraph 2 of the Contract is amended to read as follows:
"2. Term. The effective date of this Contract is
________________________________________________________ (Insert Contract Effective Date)
and it terminates
________________________________________________________. (Insert new Contract termination date)
unless sooner terminated as provided herein."
Paragraph 3 (Payment Limit) of the Contract is hereby amended to increase the payment limit by $__________________. Paragraph 3 of the Contract is amended to read as follows:
"3. Payment Limit. City's total payments to Contractor under this Contract shall not exceed $_____________________ including expenses."
“The City shall not pay for services that exceed the Contract Payment Limit without the prior written approval of the City Council or executed by the City Manager if the total Contract amount does not exceed $10,000 or without the prior approval of the City Council if the total Contract amount is over $10,000.” The Service Plan (Exhibit A) of the Contract is hereby amended to include the following tasks and/or services:
(Insert description of additional tasks/services. Use additional pages if necessary.) ■
June 30, 2026 December 31, 2026 ■ 30,000 $64,000
417

December 2, 2025
Human Resources
DATE: December 2, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager, Internal Services Sharrone Taylor, Director of Human Resources
Subject: Amendments to the Position Control List
FINANCIAL IMPACT: It is anticipated that positions will be filled by the end of the calendar year with an estimated remaining fiscal
impact for six months of approximately $1,010,351.

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City Council’s authorization is required to amend
staffing (position control list) and allocate funding as required.

RECOMMENDED ACTION: ADOPT a resolution to amend staffing and position control list and allocate the necessary salary, wages, and benefits as required – Human Resources Department
(Nickie Mastay/Sharrone Taylor 510-620-6602).

DISCUSSION
The City recognizes that adequate staffing plays a vital role in the effective operation of local government, significantly influencing service delivery, community engagement, and overall organizational efficiency. Therefore, we continue to invest in employee recruitment and development. This commitment is essential to maintaining a responsive and effective local government and to making the City of Richmond the employer of choice. The following positions represent strategic reallocations and additions designed to support our goal of meeting the goals and objectives established by the City Council and to enhance service delivery to our community.

AGENDA
REPORT
418

December 2, 2025

FIRE DEPARTMENT
The Fire Chief requests the addition of ten (10) temporary Firefighter positions by increasing the number of temporary positions. Currently, the Fire Department has one (1) Firefighter vacancy. As the department conducts internal promotions in higher ranks additional vacancies will occur. In addition, some firefighters may elect to retire in the coming months. As we embark on the background evaluation process and the Fire Academy scheduled for early 2026, the Fire Chief desires to place enough recruits through the academy to backfill future vacancies. As openings occur through attrition, the vacancies at the Firefighter level will be deactivated to maintain a total of 30 firefighters which is our current baseline.

The intention behind these temporary positions will help maintain the department's operational readiness, ensuring that community needs are effectively met. Once the new recruits transition into permanent roles, the temporary positions will be formally eliminated from the department's position control roster, streamlining the workforce while maintaining the necessary capacity to serve the community effectively.

Estimated Fiscal Impact
Classification Salary & Benefits at Six (6) Months
Add Temporary Firefighter (10) ~$1,024,814
*estimate based on step 1
CITY ATTORNEY’S OFFICE
The City Attorney’s Office is requesting the reallocation of a Paralegal vacancy to an Office Specialist position. By making this change, the office will be able to address a broader scope of operational needs. The Office Specialist will not only support the front office in its daily operations but will also play a key role in responding to Public Records Act requests, ensuring timely and accurate compliance. The specialized legal responsibilities previously handled by the Paralegal, such as court date scheduling, processing of writs, and other court-related tasks, will be distributed among the attorneys. This reallocation allows attorneys to directly oversee these functions, improving efficiency and legal oversight within the department.

Approving this position reallocation is essential because it aligns staffing resources with the current operational demands of the City Attorney’s Office. As the volume and complexity of administrative tasks and public records requests have increased, there is a need for flexible administrative support capable of adapting to varied responsibilities.

Furthermore, shifting specialized legal tasks to attorneys will ensure that these critical functions are executed with the highest legal standards, reducing the risk of errors and enhancing service to the public.
419

December 2, 2025
Estimated Fiscal Impact
Classification Salary & Benefits at Six Months
Delete Paralegal (1) ~($93,167)
Add Office Specialist (1) ~$64,953
Total Net Fiscal Impact ~($28,214)
*estimate based on step 3 in range

HUMAN RESOURCES DEPARTMENT
Human Resources is requesting the reallocation of an existing Human Resources Manager vacancy to a Risk Manager position. After conducting an exhaustive search for a Human Resources Manager to oversee Risk Management, it has become apparent that the needs of the City have evolved. The City currently faces heightened responsibilities, particularly in areas such as Insurance Compliance and the implementation of a comprehensive Workplace Violence Prevention Plan. Reallocating this vacancy to a Risk Manager will enable the City to focus recruitment on candidates with specialized expertise in risk assessment, mitigation, and regulatory compliance as well as general liability, worker’s compensation, and safety, including ADA compliance.

This transition will also allow the City to make recruitment competitive and reflective of the expanded scope and critical nature of the role.

Approving this position is crucial for the City to proactively address emerging risk management requirements. A dedicated Risk Manager will bring focused oversight and strategic direction to risk management initiatives, ensuring the City remains compliant with evolving laws and best practices. This change will safeguard the City’s assets, protect the City and employees, and foster a safer work environment, ultimately reducing potential liabilities and enhancing the City’s ability to serve the public effectively.

Estimated Fiscal Impact
Classification Salary & Benefits at
Six Months
Delete Human Resources Manager (1) ~$165,613
Add Risk Manager (1) ~$176,364
Net Total Fiscal Impact ~$13,751
*estimate based on mid-range/step 3
420

December 2, 2025
FISCAL IMPACT:

It is anticipated that positions will be filled by the end of the fiscal year, with an estimated remaining fiscal impact of approximately $1,010,351. Certain positions are difficult to fill, and as such, the recruitment period may be extended.

SUMMARY:

City staff recommends approval of the resolution amending the position control list and allocating funds, which will modify the position control list in the following manner:

Add the following positions:

Classification Department Unit
10 – Firefighters (temp) Fire Department IAFF Local 188 - Firefighters 1 – Risk Manager Human Resources IFPTE Local 21 – Executive Mgmt.
1 – Office Specialist City Attorney’s Office SEIU Local 1021- General Employees
Delete the following positions:

Classification Department Unit
1 – Human Resources Manager Human Resources IFPTE Local 21 MidManagement 1 – Paralegal City Attorney’s Office SEIU Local 1021 General Employees
DOCUMENTS ATTACHED:

Attachment 1 – Resolution Amending Position Control
421
RESOLUTION NO. _____

RESOLUTION OF THE COUNCIL OF THE CITY OF RICHMOND, CALIFORNIA AMENDING THE CITY’S POSITION CONTROL LIST
WHEREAS, pursuant to Article IV Section 1(b)(1) of the City Charter, the City Manager has the responsibility to manage all affairs of the City's operations, and appoint employees when necessary for the good service of the City; and WHEREAS, pursuant to City Resolution No. 148-20, the City Manager has the authority to make appropriate administrative changes to the City’s position control list; and WHEREAS, the Firefighter temporary positions will help maintain the department's operational readiness, ensuring that community needs are effectively met; and WHEREAS, when the new Firefighter recruits transition into permanent roles, the temporary positions will be formally eliminated from the department's position control roster, streamlining the workforce while maintaining the necessary capacity to serve the community effectively; and
WHEREAS, the City Manager has determined that certain amendments to the position control list are necessary to meet the operational needs of the City.

NOW THEREFORE BE IT RESOLVED, that the Richmond City Council authorizes the City Manager to modify the position control in order to meet the operational needs of the City; and
BE IT FURTHER RESOLVED, that, effective December 2, 2025, the City’s position control is hereby revised to add the following positions:

Classification Department Unit
10 – Firefighters (temp) Fire Department IAFF Local 188 - Firefighters 1 – Risk Manager Human Resources IFPTE Local 21 – Executive Mgmt.
1 – Office Specialist City Attorney’s Office SEIU Local 1021- General Employees
BE IT FURTHER RESOLVED, that, effective December 2, 2025, the City’s position control is hereby revised to delete the following positions:

Classification Department Unit
1 – Human Resources Manager Human Resources IFPTE Local 21 Mid-Management 1 – Paralegal City Attorney’s Office SEIU Local 1021 General Employees
422
-----------
I hereby certify that the foregoing Resolution was passed and adopted by the Council of the City of Richmond at a regular meeting thereof held by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
_____________________________

CLERK OF THE CITY OF RICHMOND
(SEAL)
Approved:
____________________
Mayor
Approved as to form:
____________________
City Attorney
423

December 2, 2025
Human Resources
DATE: December 2, 2025
TO: Mayor Martinez and Members of the City Council
FROM: Nickie Mastay, Deputy City Manager, Internal Services Sharrone Taylor, Director of Human Resources
Subject: Memorandum of Understanding between IFPTE Local 21 Mid-Management
FINANCIAL IMPACT: The estimated fiscal impact of the Memorandum of Understanding (MOU) for the International Federation of Professional and Technical Engineers (IFPTE) Local 21
Mid-Management for Fiscal Year 2025-26 is $1,829,878;
Fiscal Year 2026-27 is $1,890,820; Fiscal Year 2027-28
is $1,965,276 (Terms of agreement are July 1, 2025,
through June 30, 2028).

PREVIOUS COUNCIL
ACTION:

None.

STATEMENT OF THE
ISSUE:

The City’s Memorandum of Understanding (MOU) with
the International Federation of Professional and
Technical Engineers (IFPTE) Local 21 Mid-Management
Bargaining Unit expired on June 30, 2025. IFPTE Local
21 and the City have met and conferred in good faith
regarding a new MOU. On November 17, 2025, the
parties reached a Tentative Agreement which established a new MOU effective July 1, 2025, through June 30,
2028. The agreement has been ratified by the members
of IFPTE Local 21 Mid-Management. This agreement is
subject to final approval by the City Council.

AGENDA
REPORT
424

December 2, 2025
RECOMMENDED ACTION: ADOPT a resolution to APPROVE a successor Memorandum of Understanding (MOU) between the City
of Richmond and International Federation of Professional and Technical Engineers (IFPTE) Local 21 MidManagement for the term of July 1, 2025, to June 30,2028, and DIRECT the city manager or their designee
to update the publicly available salary schedule with the adopted wage increases during the term of the MOU –
Human Resources (Nickie Mastay/Sharrone Taylor 510-
620-6602).

DISCUSSION:

The Memorandum of Understanding (MOU) between the City of Richmond and IFPTE Local 21 Mid-Management expired on June 30, 2025. In February of 2025, City representatives and International Federation of Professional and Technical Engineers Local 21 (IFPTE Local 21) Mid-Management Bargaining Unit representatives began bargaining for a new Memorandum of Understanding (MOU). The City and IFPTE Local 21 met on multiple occasions in 2025 and reached a Tentative Agreement (TA) on November 17, 2025, to establish a new MOU, effective July 1, 2025, through June 30, 2028. Members of IFPTE Local 21 ratified the TA on November 20, 2025. The major components are delineated below.
 MOU Effective Dates: July 1, 2025, through June 30, 2028  Salary Adjustments:
o 5% base wage increase effective the pay period including July 1, 2025 o 5% base wage increase effective the pay period including July 1, 2026 o 5% base wage increase effective the pay period including July 1, 2027  Longevity Pay (new): Effective the first full pay period after City Council approves this MOU, employees shall receive longevity pay as follows:
o 1% of base pay upon completion of 10 years of service at the City o An additional 2% (total of 3%) upon completion of 15 years of service at the City
o An additional 2% (total of 5%) upon completion of 20 years of service at the City
 Professional Development: Effective the first full pay period after City Council approves this MOU, professional development will be increased to $1,250 per fiscal year.
 Vacation Sell-back: Effective the first full pay period after City Council approves this MOU, employees shall have the option to sell back 5 additional days (total of 10) per year.
 Establishes language regarding the implementation of Artificial Intelligence (AI) and a re-opener on the subject.
425

December 2, 2025
 Incorporates existing side letters granting Cesar Chavez and Juneteenth as holidays and increasing parental leave to four total weeks.  Various language changes in areas such as employee pay information, bereavement leave, family and medical care leave, etc.

IFPTE Local 21 and the City negotiated in good faith to establish new terms and conditions of employment that would be effective following the expiration of the IFPTE Local 21 prior MOU. Exhibit A – Memorandum of Understanding of Attachment 1 – Resolution details the new terms and conditions of employment that will be effective July 1, 2025, through June 30, 2028.

RECOMMENDATION:

The Human Resources Department requests that City Council adopt the resolution approving a successor MOU between the City of Richmond and IFPTE Local 21 MidManagement with effective dates of July 1, 2025, to June 30, 2028. City staff further recommends that the City Council direct the City Manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the MOU.

DOCUMENTS ATTACHED:

Attachment 1 – Resolution and Resolution Exhibit A – Memorandum of Understanding 426
RESOLUTION NO. ________

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF RICHMOND

APPROVING A MEMORANDUM OF UNDERSTANDING WITH THE CITY OF

RICHMOND AND MID-MANAGERS ASSOCIATION, REPRESENTED BY IFPTE, LOCAL 21
WHEREAS, the Mid-Managers Association is represented by the International Federation of Professional and Technical Engineers (IFPTE), Local 21; and WHEREAS, the City and IFPTE, Local 21 are required under the Meyers-MiliasBrown Act to meet and confer in good faith regarding wages, hours and other terms and conditions of employment; and
WHEREAS, the City and IFPTE, Local 21 having met and conferred in good faith reached a total tentative agreement on a successor collective bargaining agreement for the Mid-Managers Association; and
WHEREAS, the successor collective bargaining agreement has been ratified by the membership of IFPTE, Local 21 and the City Council is required to adopt the successor collective bargaining agreement.

NOW, THEREFORE, BE IT RESOLVED, by the Council of the City of Richmond adopts the collective bargaining agreement set forth in Exhibit A between the City of Richmond and the Mid-Managers Association represented by IFPTE, Local 21 and directs the City Manager or designee to update the publicly available salary schedule with the adopted wage increases during the term of the collective bargaining agreement. *****************************
427
I certify that the foregoing resolution was passed and adopted by the City Council of the City of Richmond at a _________ meeting held on _____________ by the following vote:

AYES:

NOES:

ABSTENTIONS:

ABSENT:
________________________________________
Clerk of the City of Richmond
(SEAL)
Approved:
_______________________________
Mayor
Approved as to form:
____________________________
City Attorney
428
13158086.1 RI424-123

MEMORANDUM OF UNDERSTANDING
between
The City of Richmond, California
and
The Mid-Management Bargaining Unit
International Federation of Professional and
Technical Engineers (IFPTE), Local 21
July 1, 2025 – June 30, 2028
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13158086.1 RI424-123

TABLE OF CONTENTS
City of Richmond and IFPTE Local 21, AFL-CIO
2025 – 2028 Memorandum of Understanding
ARTICLE 1 RECOGNITION .......................................................................................................1 ARTICLE 2 GENERAL PROVISIONS.....................................................................................1 ARTICLE 3 MANAGEMENT RIGHTS AND RESPONSIBILITIES..................................1 ARTICLE 4 UNION RIGHTS.....................................................................................................1 ACCESS TO NEW EMPLOYEES ..............................................................................................................1 STEWARDS ...........................................................................................................................................3 STEWARDS’ RELEASE TIME .................................................................................................................3 NEGOTIATING TEAM ............................................................................................................................4 BULLETIN BOARDS ..............................................................................................................................4 NOTICE OF INTENT TO CONTRACT OUT BARGAINING UNIT WORK ......................................................4 ARTIFICIAL INTELLIGENCE...................................................................................................................4 ARTICLE 5 DISCRIMINATION PROHIBITED...................................................................5 ARTICLE 6 UNION DUES..........................................................................................................5 DUES DEDUCTIONS ..............................................................................................................................5 INDEMNIFICATION................................................................................................................................6 ARTICLE 7 SALARIES................................................................................................................6 DIRECT PAY FOR SERVICES..................................................................................................................6 SALARY INCREASE...............................................................................................................................6 LONGEVITY PAY ..................................................................................................................................7 ACTING PAY ........................................................................................................................................8 DEFINITION OF CLASS ..........................................................................................................................9 USE OF CLASSIFICATION ......................................................................................................................9 SALARY DESIGNATIONS.......................................................................................................................9 ADVANCEMENTS AND PROMOTIONS ....................................................................................................9 EFFECT OF CERTAIN PERSONNEL ACTIONS UPON SALARIES..............................................................10 PROMOTION – EFFECT ON RATE OF COMPENSATION .........................................................................10 DEMOTION .........................................................................................................................................10 EFFECT OF LEAVE OF ABSENCE WITHOUT PAY UPON ANNIVERSARY DATE.....................................10 ELIGIBILITY FOR SALARY ADVANCEMENT.........................................................................................11 ARTICLE 8 INDIRECT PAY AND ALLOWANCES..............................................................11 RETIREMENT SYSTEM ........................................................................................................................11 INSURANCE ........................................................................................................................................12 CAFETERIA OPTION............................................................................................................................15 DENTAL PLAN....................................................................................................................................16 VISION PLAN......................................................................................................................................16 LIFE INSURANCE ................................................................................................................................16 430
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2025 – 2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO 13158086.1 RI424-123
DISABILITY INSURANCE.....................................................................................................................16 FLEXIBLE BENEFITS PLAN .................................................................................................................16 EMPLOYEE ASSISTANCE PROGRAM....................................................................................................17 ALLOWANCES ....................................................................................................................................18 CERTIFICATIONS ................................................................................................................................18 SAFETY SHOES...................................................................................................................................19 ARTICLE 9 LEAVES...................................................................................................................19 LEAVES OF ABSENCE WITHOUT PAY .................................................................................................19 BEREAVEMENT LEAVE.......................................................................................................................20 SICK LEAVE .......................................................................................................................................21 PARENTAL LEAVE..............................................................................................................................23 FAMILY AND MEDICAL CARE LEAVE.................................................................................................24 JURY DUTY ........................................................................................................................................24 MILITARY LEAVE...............................................................................................................................24 VACATION LEAVE..............................................................................................................................25 INJURY LEAVE PAYMENTS .................................................................................................................27 COURT APPEARANCES .......................................................................................................................29 ADMINISTRATIVE LEAVE ...................................................................................................................29 COMMUNICATIONS SHIFT SUPERVISOR ADMINISTRATIVE LEAVE......................................................29 HOLIDAYS..........................................................................................................................................29 PART-TIME PROVISIONS ....................................................................................................................30 ARTICLE 10 WORKING CONDITIONS ................................................................................31 MEAL PERIODS AND REST PERIODS ...................................................................................................31 WORKING HOURS ..............................................................................................................................31 ARTICLE 11 PERSONNEL PROVISIONS..............................................................................33 LAYOFF..............................................................................................................................................33 SEVERANCE PAY................................................................................................................................35 PROBATIONARY PERIOD.....................................................................................................................36 RESIGNATION.....................................................................................................................................37 TRANSFER..........................................................................................................................................38 REASSIGNMENT..................................................................................................................................38 NEPOTISM ..........................................................................................................................................39 PERSONNEL FILES ..............................................................................................................................39 ARTICLE 12 GRIEVANCES AND APPEALS...........................................................................40 GRIEVANCE PROCEDURE....................................................................................................................40 BINDING ARBITRATION......................................................................................................................41 ARTICLE 13 NO STRIKE............................................................................................................43 ARTICLE 14 FULL UNDERSTANDING .................................................................................43 ARTICLE 15 RETROACTIVITY................................................................................................43 431
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2025 – 2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO 13158086.1 RI424-123
ARTICLE 16 MISCELLANEOUS PROVISIONS...................................................................43 JOINT COMMUNICATIONS TEAM ........................................................................................................43 WEINGARTEN RIGHTS........................................................................................................................44 CATASTROPHIC LEAVE ......................................................................................................................44 DUE PROCESS RIGHTS IN DISCIPLINARY ACTIONS .............................................................................44 ARTICLE 17 SEPARABILITY OF PROVISIONS...................................................................45 ARTICLE 18 REPRESENTATION RIGHTS ...........................................................................45 SPECIFIC LIMITATIONS ON REPRESENTATION RIGHTS........................................................................45

DISQUALIFICATION OF UNION MEMBERS WORKING AS ASSISTANT DEPARTMENT HEADS, AND MEMBERS PARTICIPATING ON CITY BARGAINING TEAMS..................................................................46 VIOLATION OF THIS ARTICLE.............................................................................................................46 ARTICLE 19 TERM OF AGREEMENT ....................................................................................47 ATTACHMENT A. SALARIES AND CLASSIFICATIONS .......................................................49 ATTACHMENT B..............................................................................................................................52 ATTACHMENT C..............................................................................................................................55 ATTACHMENT D..............................................................................................................................56 ATTACHMENT E..............................................................................................................................57 ATTACHMENT F..............................................................................................................................58 ATTACHMENT G .............................................................................................................................60 432
1 2025 – 2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO 13158086.1 RI424-123

MEMORANDUM OF UNDERSTANDING
Between the

CITY OF RICHMOND
And the
International Federation of Professional and Technical Engineers, Local 21, AFL-CIO
2025-2028
ARTICLE 1 RECOGNITION

1. The City recognizes the International Federation of Professional and Technical Engineers, Local 21, AFL-CIO, (IFPTE, Local 21) as the sole and exclusive representative for those Bargaining Unit classifications listed in Attachment A.

ARTICLE 2 GENERAL PROVISIONS

2. The International Federation of Professional and Technical Engineers Local 21 shall be referred to herein as the "Union."
ARTICLE 3 MANAGEMENT RIGHTS AND RESPONSIBILITIES

3. The City retains, solely and exclusively, all the rights, powers and authority exercised or held prior to the execution of this Agreement, except as expressly limited by a specific provision of this Agreement. These rights include but are not limited to: manage and direct the City's business and personnel; manage, control and determine the mission of its departments, building facilities, and operations; assign, repair, inspect, and retrieve City property and leased space; create, change, combine or abolish jobs, policies, departments and facilities in whole or in part; direct the work force; increase or decrease the work force and determine the number of employees needed; hire, transfer, promote, and maintain the discipline and efficiency of its employees; establish work standards, schedules of operation and reasonable work load; and adopt rules of conduct (including acceptable dress standards as needed).

ARTICLE 4 UNION RIGHTS
Access to New Employees

4. City of Richmond shall provide the Union written notice of, and access to, new employee orientation/onboarding meetings and information, as set forth below. 433
2 2025 – 2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO 13158086.1 RI424-123
A. Written Statement for New Employees: Within one (1) week of the new employee’s start date, the Employer will provide a written statement to each new employee hired into a classification in any of the bargaining units represented by the Union stating the employee’s classification is represented by the Union and the name and contact information of a staff representative of the Union.

B. Notice: The Employer shall provide at least ten (10) business days’ written notice, by email to addresses that the Union shall provide to the Employer, of all new employee orientations and onboarding meetings, whether the orientation takes place in person, online or through any other medium in which Employer personnel advise one or more new employees of information regarding employment status, rights, benefits, duties, responsibilities, or any other employment-related matters. The notice provided to the Union will include the date, time, and location of the orientation/onboarding meeting(s).

C. Access: At all orientation/onboarding meetings as defined in part B above, the Union shall be afforded up to thirty (30) minutes to meet privately with all Local 21- represented new employees who are present, without Employer-personnel or any other persons present, to make a presentation about the Union. Up to two of the Union’s representatives may be bargaining unit members, and such bargaining unit members shall be granted paid release time sufficient to cover the Union’s presentation and travel time. The Union will provide the names of any employees who they wish to be released at least 48 hours in advance to the Human Resources Director.

D. Process for New Employees Whose Onboarding is One-on-One or Otherwise Not at a Group Meeting: To the extent that a new employee’s onboarding/orientation process is individualized for that new employee, and/or to the extent that a new employee for any reason does not within thirty (30) days of beginning work, attend a group orientation or onboarding meeting satisfying parts B and C above, the following alternate provisions shall apply:

1. The Employer shall notify the Union and the new employee of a proposed thirty (30) minute time slot, during normal working hours, for up to two Union representative to meet privately with (and provide materials and information to) the new employee, without Employer-personnel or any other persons present. Up to two of the Union’s representatives may be bargaining unit members, and such bargaining unit members shall be granted paid release time sufficient 434
3 2025 – 2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO 13158086.1 RI424-123
to cover the Union’s presentation and travel time.

2. The Union may notify the Employer that the proposed thirty (30)- minute time slot to meet for Union orientation is unworkable, and in such event propose an alternate time.

3. Attendance at the agreed on date, time, and location of the Union orientation is mandatory for new employee(s).

E. Information Exchange: Within thirty (30) days of hiring an employee, or promoting an employee into the bargaining unit, or an employee separating, or by the first pay period of the month following hire, promotion, or separation, the Employer will provide IFPTE Local 21 with the below listed information in a digital or other usable data format:

1. Name

2. Job Title

3. Department

4. Work Location

5. Telephone number(s) [work, home and personal cellular]

6. Personal email addresses on file

7. Home Address

8. Service Date

9. Date of hire, promotion, or separation

10. Work email address

11. Salary step

12. Hourly base wage
The City will also provide the Union with a list that includes all the data above for all employees in the bargaining unit once each quarter (July, October, January, April) in a digital or other usable data format (preferably in .csv format). The July report shall include each employee’s current pay differentials and/or specialty pays.

Stewards

5. The Union may designate up to ten (10) members as its stewards for the purpose of assisting other Union members in the resolution of grievances arising over the interpretation of the terms of this Memorandum of Understanding and/or rules, policies, and ordinances regulating wages, hours and working conditions.

Stewards’ Release Time
435
4 2025 – 2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO 13158086.1 RI424-123

6. The City shall afford said stewards reasonable time off during working hours without loss of compensation or other benefits when meeting with City representatives regarding grievances arising over the interpretation of rules, policies and ordinances regulating wages, hours and working conditions; provided, however, that said time is scheduled so as not to unduly interfere with work load and job requirements as determined by the Department Head or division head.

Negotiating Team

7. During negotiations for a successor to this Memorandum of Understanding, the Union may designate up to seven persons to meet and confer with the City's representatives.

Bulletin Boards

8. The Union shall have the right to have bulletin board space designated exclusively for its use.

Notice of Intent to Contract Out Bargaining Unit Work

9. The City will notify the Union at least forty-five (45) days in advance of any action proposed by the City to contract or subcontract work where such work is currently or customarily performed by any of the classifications represented herein. As used herein, the term “action” includes contracting with temporary agencies.

Notification shall be accompanied by a list of the affected positions, if any. If the Union wishes to meet with the City over the City’s proposed action, the Union will notify the City in writing within ten (10) days of receipt of the City’s notice. The Union will forward a copy of its notice to the appropriate Department Head.

Artificial Intelligence

10. Statement on AI. The Union and the City recognize the potential for AI tools and technology to improve working conditions and enhance public service delivery. At the same time, the parties recognize the City’s vital role as an employer in the regional economy, and the City values its human workforce and does not want AI to replace City employees. As such, the City agrees to provide the Union with at least 14 calendar days prior written notice of planned utilization of AI tools and technology that foreseeably may have an adverse effect on the terms and conditions of employment for bargaining unit members.

11. Limited Reopener. To further the parties’ continued discussions on AI in the workplace, upon the Union’s written request, the City agrees to meet and confer 436
5 2025 – 2028 MOU -- City of Richmond and IFPTE, Local 21, AFL-CIO 13158086.1 RI424-123
with the Union in June 2026, or another time mutually agreeable to the parties, on the emerging use of AI tools and technology at the City of Richmond and possible effects of such tools and technology on bargaining unit work. The Union agrees to provide all affirmative proposals to the City two (2) weeks prior to the first meeting.

ARTICLE 5 DISCRIMINATION PROHIBITED

12. There will be no discrimination against any employee because of race, color, age, physical or mental disability, religion, creed, sex, sexual orientation, national origin, lawful activities on behalf of the Union, lawful social activities not affecting or related to work performance, or for any other reason prohibited by law.

13. It is agreed that the City's Affirmative Action Plan is to be used as a reference to this section, but is not subject to the grievance or arbitration provisions of this Memorandum of Understanding.

ARTICLE 6 UNION DUES
Dues Deductions

14. Upon written certification by the Union that an employee has signed a union dues deduction authorization, the City will deduct the appropriate dues or fees from the employee’s pay, as established and as may be changed from time to time by IFPTE Local 21, and remit such dues or fees promptly to the Union. Deductions will continue, subject to the below subsection 12, unless the Union informs the City dues shall not be deducted by providing an updated written certification.

15. The employee's earnings must be regularly sufficient after other legal and required deductions are made to cover the amount of the appropriate Union dues. When an employee is in a non-pay status for an entire pay period, no withholding will be made to cover that pay period from future earnings nor will the employee deposit the amount with the City which would have been withheld if the member had been in pay status during that period. In the case of an employee who is in a non-pay status during only a part of the pay period, and the salary is not sufficient to cover the full withholding, no deductions shall be made. In this connection, all other legal and required deductions have priority over Union dues.

16. Member requests to change or cancel deductions must be made to the Union and not to the City. The City shall not resolve disputes between the Union and represented employees concerning Union Membership or deductions. The City shall direct member requests to cancel or change deductions to the Union and shall 437
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rely on information provided by the Union regarding whether deductions for a member were properly canceled or changed. The City will cease deductions at the end of the pay period following notification from the Union to the City to cease deductions, or at a later date as specified by the Union to coincide with the end of a pay period.

17. The City of Richmond has designated all employees in the Human Resources Department as confidential employees as that term is defined by the Meyers Milias Brown Act (MMBA), and that certain members of this bargaining unit assist in Labor Relations activities, including gathering and organizing documents, responding to request for information and preparing for bargaining, which includes providing feedback on the City’s bargaining proposals.

Indemnification

18. The Union shall indemnify and hold harmless the City, its officers and employees from and against any and all loss, damages, costs, expenses, claims, attorney's fees, demands, actions, suits and judgments and other proceedings arising out of any collection of said dues described above.

ARTICLE 7 SALARIES
Direct Pay for Services
Salary Adjustments

19. Effective the pay period including July 1, 2025, the City shall increase the monthly pay for all employees in the bargaining unit by 5.0% of the monthly pay rate in effect before such increase takes effect.

20. Effective the pay period including July 1, 2026, the City shall increase the monthly pay for all employees in the bargaining unit by 5.0% of the monthly pay rate in effect before such increase takes effect.

21. Effective the pay period including July 1, 2027, the City shall increase the monthly pay rate for all employees in the bargaining unit by 5.0% of the monthly pay rate in effect before such increase takes effect.

Salary Increase

22. First line management employees' salaries will maintain a fifteen percent (15%) differential over the base salary of the highest paid Local 1021 (or general) employee they supervise. A first line supervisor is an employee who does not 438
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have any subordinate supervisors working for him/her.

23. When an employee receiving the differential is no longer supervising a Local 1021 employee requiring the fifteen percent (15%) differential, the employee's salary will revert to the appropriate step of their classification.

24. Positions certified by the Human Resources Department as bilingual in Spanish and other City-approved languages other than English will receive $200.00 per month bilingual pay. An employee may be certified as bilingual for purposes of this article based on written and/or oral communication skills in City-approved languages other than English.

25. Library employees who work between the hours of 5:00 P.M. and 9:00 P.M. shall receive ten dollars ($10.00) per pay-period above their individual salary rate as additional compensation for those hours worked between 5:00 and 9:00 P.M. The ten-dollar differential shall be paid only for pay periods in which the employee works past 5:00 P.M.

26. When assigned to work five or more hours between the hours of 4:00 P.M. and 12:00 midnight, the Custodial Supervisor will receive an additional five percent (5%) above their individual salary rate. If assigned to work five or more hours between the hours of 12:00 midnight and 8:00 A.M., the Custodial Supervisor will receive an additional seven and a half percent (7½ %) above their individual salary rate.

27. The Construction and Maintenance Supervisor assigned to the Sewer Crew shall receive a five percent (5%) differential above their base pay.

Longevity Pay

28. Effective the first full pay period after Council approves this MOU, employees shall receive longevity pay as follows:

29. Upon completion of 10 years of permanent service at the City, an employee shall receive longevity pay in the amount of an additional 1.0% of base pay effective the first full pay period following their tenth anniversary date.

30. Upon completion of 15 years of permanent service at the City, an employee shall receive longevity pay in the amount of an additional 2.0% of base pay effective the first full pay period following their fifteenth anniversary date, increasing their total longevity pay to 3.0%.

31. Upon completion of 20 years of permanent service at the City, an employee shall 439
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receive longevity pay in the amount of an additional 2.0% of base pay effective the first full pay period following their twentieth anniversary date, increasing their total longevity pay to 5.0%.

Acting Pay

32. The Department Head must obtain official written approval through normal procedures, including a Personnel Action Form, when the Department Head intends to have a subordinate employee work temporarily in a higher paid classification. The Department Head must ensure that the employee who is to temporarily relieve in a higher paid classification must assume all or substantially all of the duties and responsibilities of the higher paid classification and fulfill those duties for a period of five days before the Department Head attempts to obtain approval for such appointment. Upon completion of the fifth day of an employee assuming substantially all of the duties and responsibilities of the higher classification, the employee will receive a five percent (5%) differential or the entry step in the higher range, whichever is greater, retroactively to the first day of acting in the higher position. If the employee’s anniversary date should occur during a period of acting in the higher position, the employee’s acting pay will be increased an additional five percent (5%) from said anniversary date. Such assignments shall be for a specific period of time, as indicated on the Personnel Action Form but not to exceed one year. Prior to an acting assignment reaching one year the Director of Human Resources will review the need for the position and determine whether an examination should be conducted to permanently fill the position, or the acting appointment should be terminated.

33. The Department Head shall not request approval of the appointment for temporary work in a higher paid classification if the subordinate employee will have some, but less than substantially all, of the duties and responsibilities of the higher paid classification. An employee who is properly appointed in accordance with the provisions of this section to work temporarily in a higher paid classification shall receive the proper job title and differential during only the period of time that the subordinate employee has all or substantially all of the duties and responsibilities of the higher paid classification. When acting as a Department Head or supervisor of a special staff office (such as Redevelopment Director) the person in the acting capacity will receive a ten percent (10%) salary differential.

34. City Manager’s Authority to Appoint In Acting Capacity. If a vacancy occurs in an Assistant Department Head, Division Head, or a similar administrative position and in the absence of an appropriate employment list, the City Manager may appoint a person meeting the minimum qualifications for the class, as determined by the Director of Human Resources, to a position in such a class in an 440
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acting capacity, such appointment to be designated "acting" followed by the appropriate class title.

35. Generally, an employee who is relieving an Assistant Department Head, Division Head, or a similar administrative employee, when the relieving employee is paid salary commensurate with their duties and their position description includes acting as Department Head, shall not be promoted temporarily to the higher paid classification in the same division or department. However, the City Manager, in their discretion, may approve such an appointment for temporary promotion at or near the beginning of relief, provided that the City Manager is satisfied that these two conditions are met: (1) the absence of the employee in the higher paid classification appears to be protracted, i.e., of 30 days or more duration and for purposes other than vacation leave; (2) the supervisor or administrator shall assume all or substantially all of the duties and responsibilities of the higher paid classification.

Definition of Class

36. A group of positions sufficiently similar with respect to their duties and responsibilities that: (a) the same descriptive title may be used to designate the positions allocated to the class; (b) the scope and level of duties and responsibilities are similar; (c) the same qualifications and tests of fitness may be required of all incumbents; and (d) the same salary rate or range can apply with equity under substantially the same working conditions.

Use of Classification

37. The listing of classifications by range number or by organization unit is not restrictive. Classifications of positions may be used in any organizational unit of the City government that is judged to be proper by the City Manager.

Salary Designations

38. The salaries herein established are on a monthly basis, except as where otherwise designated.

Advancements and Promotions

39. Salary advancements shall be made in conformance with the salary plan contained within this agreement and in conformance with the provisions of the City Charter and Personnel Rules as these relate to salary advancement and employee promotion.
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Effect of Certain Personnel Actions Upon Salaries

40. An employee occupying a position which is reallocated to another classification, the maximum salary for which is less than the maximum salary for the incumbent's present classification, shall continue to receive their present salary.

An employee occupying a position in a classification, the maximum salary rate for which is reduced, shall continue to receive their present salary. Such continuations of present salaries shall be designated as a "Y" rate. When an employee on a "Y" rate vacates their position, subsequent appointments to that position shall be made in accord with the salary ranges established by this agreement.

Promotion – Effect On Rate of Compensation

41. Whenever an employee is promoted to a higher class, they shall be entitled to receive in the new position the nearest higher monthly salary range which attaches to the higher class and is at least five percent (5%) higher than their previous salary.

Demotion

42. The rate of compensation to be paid in all cases of demotion, whether voluntary, disciplinary, for incompetence, or in lieu of layoff, shall be determined by the City Manager, based upon the recommendations of the Department Head and the Director of Human Resources.

Effect of Leave Of Absence Without Pay Upon Anniversary Date

43. An employee who has taken leave of absence without pay for a total of thirty (30) days or more within a service year shall have their anniversary date advanced by the number of days in excess of thirty (30) days.

44. A service year is the twelve-month period beginning when an employee is first hired, or on the day when an employee is promoted to a higher classification.

45. An employee’s service year does not change if the employee’s job is reclassified.

46. Step Increases and Vacation Accruals Affected by New Anniversary Date. When an employee’s anniversary date is advanced because of leaves of absence without pay, the employee shall receive future step increases based upon their new anniversary date. An employee’s rate of accrual of vacation will also be based on the new anniversary date.

47. Leave of absence for a period totaling less than 30 days without pay in the given 442
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service year shall have no effect upon the employee’s anniversary date.

Eligibility for Salary Advancement

48. Each year of satisfactory service normally shall make an employee eligible for consideration for salary advancement within the salary range of their classification. Annual advancement shall not be automatic but shall depend upon the completion of a satisfactory performance evaluation, approved by their Department Head.

49. If a unit employee’s performance evaluation is not completed and given to the employee within sixty (60) days after its “due date” and the employee is eligible for a step increase, the step increase shall be automatically granted.

50. Exceptionally meritorious service shall be considered adequate grounds for consideration for advancement even though such service is of less than one year’s duration. Nothing in this section shall be construed as limiting the authority of the City Manager to increase, make no change in, or reduce the salary of any employee in the Classified Service for good and sufficient reasons in accordance with Personnel Policies and procedures.

ARTICLE 8 INDIRECT PAY AND ALLOWANCES
Retirement System

51. Effective January 1, 2005, the City shall contribute on behalf of each employee, in classes covered by this agreement, one-half of the employee’s eight percent (8%) contribution to the Public Employees Retirement System (PERS). This Employer Paid Member Contribution (“EPMC”) shall be treated as special compensation under CalPERS “Pay and Report the Value of EPMC” provision. Employees shall be responsible for paying the remaining one-half of their contribution. The City will take appropriate steps to implement the provisions of Internal Revenue Code Section 414 (h)(2) relative to employee-paid PERS contributions.

52. Effective July 1, 2005, the City shall cease its contributions to the employee’s share of CalPERS cost and will cease reporting the value of “EPMC.” Employees shall be responsible for paying the full amount of their required PERS contribution.

Deferred Compensation

53. A Deferred Compensation Program as established by the City Council is available to all employees employed in regular or limited-term positions. Such 443
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programs are hereby incorporated by reference.

Insurance
Medical Plans
Employee Health Insurance Contribution

54. Effective the payroll covering the first of the month following adoption of the 2021-2025 MOU, the City amended the employee contribution toward health insurance from $125 per month to $50 per month.

Employee Retiree Health Insurance Pre-Funding Trust Contribution

55. Effective the first full pay period following City Council adoption of the 2021- 2025 MOU, the City amended employees’ retiree medical benefit pre-funding trust contributions from $100 per month to be determined by the second-step annual base wage for their current job classification. The contribution amounts are as follows:

56. Employees in job classifications with annual second-step base wages in the amount of $60,000 or less shall pay $50.00 per month.

57. Employees in job classifications with annual second-step base wages falling within the range of $60,001 and $80,000 shall pay $75.00 per month.

58. Employees in job classifications with annual second-step base wages in the amount of $80,001 or more shall pay $100.00 per month.

59. These payments shall occur as payroll deductions and shall be tax-free to the extent allowed by law.

60. Part-time employees in the bargaining unit shall make monthly retiree medical benefit pre-funding trust contributions on a pro-rata basis. As an example, this means that a part-time employee in a job classification with a second step making less than $60,000 per year who works a three-quarters time schedule (28.125 hours per week) would pay $37.50 per month to the trust.

61. The City contracts with the California Public Employees Retirement System (PERS) Health Benefits Program to provide medical insurance for all active employees, retirees and eligible survivors (including those in the City of Richmond General Pension Fund) of retirees. Eligibility of retirees and survivors of retirees to participate in this program shall be in accordance with the regulations 444
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promulgated by PERS. Unless prohibited by PERS or by law, the health plan coverage described herein shall apply to persons retired.

62. The City shall pay $20.00 per month to PERS on behalf of each active employee.

The City shall pay $2.00 per month on behalf of each eligible retired employee or eligible survivor of a retired employee who subscribes with PERS for coverage.

This amount on behalf of retirees or their eligible survivors shall be increased annually, at the minimum rate required by PERS regulations. In the event PERS requires an additional minimum employer payment for retirees in excess of $1.00 per month, the City and the Union will meet and confer regarding payment of such additional amounts during the term of this agreement.

63. Active employees benefit account: In addition to the contributions listed above, the City shall establish a benefits account for each active employee eligible for medical coverage who has enrolled in one of the PERS medical insurance plans offered by the City. All such employees shall receive monthly contributions from the City into their benefits account. Payment shall be sufficient to cover the premium of the Kaiser North medical plan less $20.00, or any other less expensive medical plan included in PERS. For employees with no dependents, the amount shall be at the single premium rate; for employees with one dependent, the amount shall be the two-party rate; and for employees with more than one dependent, the amount shall be the family rate. If any employee chooses a plan more expensive than the Kaiser North medical plan, the City contribution shall be no more than the Kaiser North premium, less $20.00, at the appropriate single, two-party or family rate, and the excess premium cost shall be paid by the employee. For the term of this Agreement only, the City shall pay any increased premiums in the Kaiser North medical plan or plans that are less expensive.

64. The City shall not treat the City contributions of $20.00 or the Employee Benefit Account as compensation subject to income tax withholding unless the Internal Revenue Service or the Franchise Tax board indicates that such contributions are taxable income subject to withholding. Each employee shall be solely and personally responsible for any federal, state, or local tax liability or penalty that may arise out of the implementation of this section.

65. Employees shall have the right to inform the City of an increase in their dependents at any time and have the amount contributed be adjusted accordingly, in accordance with PERS or the insurance carriers’ rules. Employees shall be required to inform the City of any reduction in dependents and a corresponding reduction in premium amounts contributed by the City shall be made.

66. Retired Employees: Effective November 5, 1999, a monthly payment of $244 shall be made to each retiree without dependents at the time of retirement or $364 if the 445
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retiree has one or more dependents, provided that the retiree meets the eligibility requirements below. When a retiree or dependent becomes eligible for Medicare benefits, the monthly payments made to each retiree shall be $202 and $304 respectively. Notwithstanding the above, when the medical insurance premium for the retiree or the retiree and their dependents is less than the appropriate amount designated above, then the City shall only be obligated to pay to the retiree an amount equal to 100% of the actual medical premium.

67. After the first year of this agreement, and on each succeeding anniversary, the monthly payment to the retirees in Article 8, paragraph 66 shall be reduced by $1.00 monthly until the monthly reduction reaches $20.00.

68. To be eligible for the benefits of this section, the retiree must (1) retire on or after the implementation of this section and within 120 days of separation from the City payroll, and (2) be enrolled in a PERS medical plan offered by the City at the time of separation and thereafter, and (3) meet the following service and age requirements:

Age 55+ 54 53 52 51 50
Full-time Service with City 10 12 14 16 18 20

69. The payment for retirees set forth above shall be made monthly from the date of retirement until the retiree ceases to participate in the PERS Medical program, with the exception that if the retiree goes from having one or more dependents to having no dependents, the amount shall be reduced from $364 to $244 or the corresponding decrease ($304-$202) if they are Medicare eligible. If the retiree fails to report the change in status to the City within 30 days of its occurrence, they shall be liable for refunding the excess amounts received.

70. If a retiree qualifying for benefits above is survived by a spouse who qualifies as an annuitant (i.e., is continuing to receive a pension from PERS or the City), said surviving spouse shall receive all the benefits described above and be subject to the same administrative procedures.

71. Any employee who retired on or after July 1, 2007, shall receive a monthly retiree medical contribution effective October 1, 2008 in the amount of $394 for employee only or $514 for employee plus one or more dependents. The City will increase its contribution by 5% each remaining year of the MOU. Effective January 1, 2009, the monthly retiree medical contribution will therefore be $414 for employee only or $540 for employee plus one or more dependents. Effective January 1, 2010, the monthly retiree medical contribution will therefore be $435 for employee only or $567 for employee plus one or more dependents. The annual 5% increase in the retiree medical reimbursement, and its application to retirees shall continue 446
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subject to negotiations between the parties, after the expiration of this MOU on June 30, 2010.

Cafeteria Option

72. Waiver/Opt Out of Medical Coverage. An employee who provides proof of alternate health insurance coverage which is Patient Protection and Affordable Care Act (ACA) compliant, may opt-out of the City’s medical insurance coverage.

An employee that opts-out of the City’s medical insurance coverage shall receive one hundred fifty dollars ($150.00) per month for employee-only health insurance coverage or two hundred dollars ($200.00) per month for employee plus one or more dependents health insurance coverage. This option is available upon initial employment and at the annual insurance benefits "open period.” In the event alternative coverage is lost, the City will allow immediate reinstatement to the City's health plan as described in the preceding paragraphs. Employees receiving the $150/$200 credit in lieu of benefits may apply the credit towards the IRS Section 125 Flexible Benefits Plan described in below, or receive the $150/$200 as a taxable addition to their salary.

For opt-out purposes, ACA-compliant alternate health insurance coverage means the employee and the employee’s tax family must (or will have) minimum essential coverage through another source other than coverage in the individual market, e.g. Covered California. This is explained more fully below, as are other requirements for opting-out.
a. The employee and the employee’s Tax Family must have (or will have) minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California); b. A Tax Family means all individuals for whom the employee reasonably expects to claim a personal exemption deduction for the taxable year(s) that cover the employee’s plan year for which the eligible opt-out arrangement applies; c. The employee must provide reasonable evidence of the alternative minimum essential coverage for the employee and their Tax Family for the applicable period. Reasonable evidence may include an attestation by the employee; d. The employee must provide the evidence/attestation every plan year; e. The employee must provide the evidence/attestation no earlier than a reasonable time before coverage starts (e.g. open enrollment). The evidence/attestation may also be provided within a reasonable time after the plan year starts; and
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f. The compensation for opting out cannot be made if the City knows or has reason to know that the employee or a member of the employee’s Tax Family does not have alternative minimum essential coverage.

Dental Plan

73. The City shall contribute the full premium toward group dental plan benefits for employees and dependents including $1,500 maximum towards dental benefits and a $2,000 maximum for orthodontics and adult orthodontic coverage.

74. Permanent part-time employees shall be entitled to participate in the dental plan provided that said employees, and not the City, will pay the premium charge for the dental plan.

Vision Plan

75. The City shall contribute the full premium for a no deductible group vision plan providing for eye exams and new lenses every twelve months and new frames every twenty-four months.

76. Permanent part-time employees working 20 hours or more a week are eligible for this benefit.

Life Insurance

77. The City shall provide a group life insurance program providing for term life insurance equal to two times the employees’ annual salary, to a maximum of two hundred and fifty thousand dollars ($250,000).

Disability Insurance

78. The City shall provide a Long Term Disability insurance program for full time classified employees. This program shall include payment of sixty percent (60%) of an employee's monthly salary for a maximum monthly benefit of $5,000 after a 30-day waiting period. Disability insurance payments shall not extend beyond age 65 for disabilities caused by accident, and for a period not to exceed five years for disabilities caused by illness, subject to the insurance carrier's limitations.

Flexible Benefits Plan

79. The City has established a Flexible Benefits Plan under the provisions of IRS Section 125. The Flexible Benefits Plan will be available to all bargaining unit 448
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employees.

80. Employees may use their own funds on a tax free basis to participate in the Flexible Benefits Plan.

81. Options available through the Plan are:

1. Medical Premiums

2. Dependent Care

3. Health Care Reimbursement
Any funds applied to options 1-3 would be tax-free.

Employee Assistance Program

82. The City and the Union recognize the value and need for counseling and assistance programs to help employees deal with problems such as alcohol or chemical dependency, divorce, stress, psychological concerns or other circumstances which can interfere with job performance and job satisfaction. Both parties view the EAP as a positive tool to help deal with these types of problems.

83. The EAP shall provide preventive materials and training as well as individual diagnosis, counseling and crisis intervention. The City will contract with an Employee Assistance Program to provide up to five counseling visits without cost to the employee, per fiscal year.

84. Eligibility. The EAP is available to all bargaining unit employees and their families.

85. Referrals. Referral procedures will be designed to facilitate (a) self-referrals, (b) management referrals, (c) union referrals, (d) medical referrals, and (e) family referrals. After seeing a particular individual, the program may refer the client to other agencies, services or facilities, when appropriate. The ultimate decision to accept assistance through the program shall be reserved to the individual employee, but management may refer employees to the program.

86. Confidentiality. In the case of management referrals, the City shall, upon request, be informed of employee attendance in the program and whether the employee completed the program successfully. All other information shall be strictly confidential and shall be released only when requested by the employee.

87. Job Security. Referral to or participation in the diagnosis or counseling services of the EAP will not jeopardize any employee’s job security or promotional 449
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opportunities.

88. Report and Evaluation. At least once every calendar year, the parties shall conduct a review of the EAP to evaluate utilization and potential areas of improvement.

89. Contractual Rights and Obligations. An employee participating in the program shall be expected to meet all contractual obligations and established work rules, unless waived by mutual agreement of the City and the Union. Said employee shall have full access to the grievance procedure and other contractual protection.

Allowances

90. Meal Allowance. A $10.25 meal allowance shall be afforded each employee, who works four hours or more beyond their normal workday. Only one meal allowance will be allowed for any continuous period worked.

91. Professional Development Package. Upon the submission of appropriate documentation to the City, employees represented by the Union shall be entitled to receive up to $750 per fiscal year for personal and professional development, to include computer hardware or software and health related items (e.g., club dues or athletic equipment). Effective the first full pay period after Council approves this MOU, an additional $500 reimbursement is available for employees represented by the Union to use in the 2025/2026 fiscal year. Effective July 1, 2026, employees represented by the Union shall be entitled to receive up to $1,250 per fiscal year. Any amounts not used by the end of the fiscal year, (June 30) shall not be carried to the succeeding fiscal year.

Certifications

92. Any Public Works Superintendent assigned in the Waste Water Division shall be entitled to an additional five percent (5%) in salary by possessing a valid Grade 5 Waste Water Treatment Plant Operation Certificate issued by the State of California.

93. The City will reimburse each employee in a professional engineering classification the cost of professional registration and licensing certificates.

94. The City will contribute up to $50 per year for each employee in a professional engineering classification toward annual professional association dues.

Professional associations for which this contribution will be made must be approved in advance by the Department Head.
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95. The City will reimburse each employee in a professional engineering classification in an amount not to exceed $30 for the purchase of an electronic calculator to be used by the employee in the performance of their work. The reimbursement shall be on a one time and non-repetitive basis.

96. Any parks superintendent, senior supervisor or supervisor who is professionally trained and holds a valid hazardous materials application certificate shall receive an additional five percent (5%) of base salary.

Safety Shoes

97. City agrees to reimburse employees up to three hundred dollars ($300) per calendar year to offset the cost of purchasing safety shoes. Parties agree that such reimbursement shall be related to those classes of employees who have need of safety shoes in the performance of their duties. Parties further agree that evidence of purchase must accompany requests for such reimbursement. Employees to whom the City provides safety shoe reimbursement shall be required to wear them in the course of their work.

ARTICLE 9 LEAVES
Leaves of Absence Without Pay

98. The City Manager may grant leaves of absence without pay for a period not to exceed one (1) year.

99. At the City Manager's sole discretion, they may approve a sabbatical for up to one year for employees represented by the Union to encourage professional or personal development for an employee with six or more years of City service.

Union and the City agree that the City shall only provide medical, dental and vision benefits during the sabbatical. Sabbatical is not a right but a privilege and is not an expected benefit for every employee.
100. No employee shall be granted a leave of absence without pay for a period in excess of three (3) days unless:

1. They make written request of their Department Head stating the reasons;

2. The Department Head recommends it;

3. The Director of Human Resources recommends favorable action to the City Manager; and
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4. The City Manager approves it.
101. A request for leave of absence without pay for a period of three (3) days or less may be granted to an employee by their Department Head. 102. Failure on the part of an employee to report promptly at the expiration of their leave may be considered a cause for disciplinary action or discharge. 103. An employee who has taken a leave of absence without pay for a total of thirty (30) days or more within a given service year shall have their anniversary date set back by the time in excess of the thirty 30 days. Leaves of absence without pay for a period totaling less than thirty 30 days in the given service year shall have no effect on the employee's anniversary date. This computation applies only to the anniversary date for determination of vacation leave accrual. In the case of the employee anniversary date for impending lay-off, all time taken as leave of absence without pay will be subtracted, in establishing the anniversary date. 104. The City Manager, upon recommendation of the Department Head and the Director of Human Resources, shall have the authority to grant leaves of absence with pay. The manner of and the condition for granting such leaves shall be prescribed by the City Manager, except that where a leave of absence with pay is to extend for a period of more than two (2) calendar weeks, it shall require specific approval of the City Council.
105. All employees are expected to be at work each day, or inform their supervisor of each day they will be absent. An unexcused absence of three consecutive days or more shall be deemed job abandonment and shall be an automatic resignation as of the last date on which the employee worked. The City will make the following attempts to contact such employees: first class mail; registered mail; and phone calls to their last known address and emergency contact person, if known. If the City receives no response and has not been contacted by the employee, the employee will be considered as having resigned.
106. If the employee or an authorized representative of the employee contacts the City Director of Human Resources within 15 calendar days of the date of resignation requesting reinstatement, the City will, on a case by case basis, review the circumstances of the employee's absence and decide whether or not to reinstate the employee within 15 working days. This provision in no way limits the discretion of the City to discipline an employee for his or her absence without leave.

Bereavement Leave
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107. Employees shall be eligible for bereavement leave under the provisions specified below. Use of leave under this article runs concurrent with leave under Administrative Policy 313.
108. Upon the death of an employee’s “family member” as that term is defined in this section, the employee shall have a right to take up to five (5) days of bereavement leave for each such death. The days of bereavement leave need not be consecutive.

The bereavement leave shall be completed within three months of the date of the death of the family member.
109. Up to four (4) workdays of bereavement leave shall be paid. The remainder of the five (5) days of bereavement leave shall be unpaid, except that an employee may use vacation, sick leave, or other paid leave that is otherwise available to the employee.
110. Usage of the foregoing provisions of this section shall be subject to the approval of the Department Head or designee or, City Manager or designee. 111. One (1) day of paid bereavement leave is available for relatives not meeting the definition of “family member” as defined in this section. These would include nieces, nephews, and cousins.
112. “Family member” is defined as spouse, child, stepchild, parent, step-parent, guardian, grandparent, grandchild, uncle, aunt, sibling, step-sibling, parent-inlaw, minors living as a member of the family, and domestic partners. 113. Domestic partners are two adults who have chosen to share their lives in an intimate and committed relationship of mutual caring, who live together, and who have agreed to be jointly responsible for basic living expenses incurred during the domestic partnership.
114. Absence by eligible employees due to the death of persons other than those specified in this Section shall be taken either in no-pay status or as vacation, administrative leave, or other paid leave that is otherwise available to the employee, except sick leave, in amounts needed.

Sick Leave
115. Accrual Rate. Each eligible employee shall accrue sick leave credits at the rate of one (1) day per month of service beginning thirty (30) calendar days immediately following original appointment. There shall be no limit on the number of sick leave days that an employee may accumulate.
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116. Accrual Rate for Other Than Full-Time Employees. Each employee working on an intermittent or part-time basis and who has worked 1,200 hours or more of the annually scheduled working hours in the preceding calendar year without a termination of employment, shall be entitled to a pro-rated sick leave based upon their date of employment, upon the number of calendar years in which service has been rendered and upon the further provision that employees who work a basic 40-hour work week and who have averaged 37-1/2 or more hours per week during the total scheduled work weeks per year shall be entitled to full sick leave provisions.
117. Each permanent part-time employee shall be entitled to pro-rated sick leave based upon their date of employment, upon the number of calendar years in which service has been rendered and upon the further provision that employees who work a basic 40 hour work week and who have averaged 37 1/2 or more hours per week during the total scheduled work weeks per year shall be entitled sick leave provisions.
118. A part-time worker who converts to full-time (without a break in service) carries forward any pro-rated sick leave they have accrued at the time of entry into fulltime work. 119. Exclusions from Sick Leave Provisions. All full-time and permanent part-time employees of the Classified Services shall be entitled to sick leave as specified in the preceding paragraphs except the following:
120. Employees who work on an intermittent or part-time basis and who have worked less than 1,200 hours in the preceding calendar year.
121. Payment for Unused Sick Leave. Each eligible employee who has used five (5) days or less of sick leave during the preceding calendar year may elect to receive pay for twenty-five percent (25%) of the sick leave earned during the preceding calendar year less the amount of such leave used during the same period. At the employee's option the payment for unused sick leave may be converted to equivalent vacation time. Employees shall express their preference by written request to the Director of Finance no later than January 15 each year, and payment will occur no later than February 15 each year. When an employee elects to receive payment in cash or vacation time, his/her sick leave balance shall be reduced by the amount paid off in cash or converted to vacation. Sick leave not converted to vacation or cash will remain on the employee’s credit. To be eligible for this provision, an employee must have been a full-time employee for two (2) years prior to the calendar year on which the pay for unused sick leave calculation is based.
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122. Conversion of Sick Leave to Pension Credits. Those employees who are members of the Public Employees Retirement System (PERS) and who retire from City employment shall be entitled to convert all unused sick leave credits to service credit for the purpose of calculating retirement benefits at the rate of .004 years of service for each unused day of sick leave in accordance with the provisions of Section 20862.8 of the California Government Code.
123. General Provisions. Each eligible employee may use sick leave to care for a member of his/her immediate household (spouse, child, domestic partner) and for a parent living outside the home who is incapacitated through illness or injury.

Such usage of sick leave shall be within the amount specified in the Accrual Rate subsection of these provisions. Sick leave properly may be used for the following or similar purposes: illness, non-job disability, dental care, diagnosis, and therapy when requested or ordered by competent medical-dental authority, and family illness or injury.
124. A doctor's certificate of disability, indicating the nature of the disability must be furnished on the request of the City Manager or Department Head and at such time thereafter during the same sick leave as the City Manager or Department Head shall deem necessary. In any event, a doctor's release to return to work shall be mandatory after seven (7) consecutive workdays of sick leave. 125. Each Department Head is responsible for insuring that these sick leave provisions are neither abused nor misused. This requirement shall include, but is not limited to, maintenance of simple, accurate written records, which are subject to audit. 126. Sick leave shall be used in no less than four hour periods. Time off for four hours or less will not be charged to employee’s sick leave.

Parental Leave
In the event of a birth or adoption of a child, parental leave is available as follows:
127. All new parents, shall be granted a leave of absence without pay for a period up to four months. An additional two months shall be granted to the birth parent with appropriate medical documentation. During this leave the City will continue to pay the premium for the PERS medical plan. During this leave the employee shall be entitled to full access to long term disability insurance, subject to the terms of the LTD policy.
128. All parents granted a leave of absence as described above, shall receive four (4) 455
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weeks of paid leave as part of their parental leave.

Family and Medical Care Leave
129. The City provides family and medical care leave pursuant to State and Federal law. For reference, City Policy addressing family and medical care leave (as of the effective date of this MOU) is attached to this MOU as Attachment G.

Jury Duty
130. A City employee ordered to jury duty during the employee’s regularly scheduled work hours has a right to full pay leave during actual jury services. The following shall apply:
131. All employees generally shall willingly accept ordered jury duty as one of the obligations upon all eligible citizens.
132. Employees shall properly inform the officials who control jury duty of such unusual factors in their City jobs, including workload, as the jury officials might judge to be adequate grounds for deferral of or excuse from jury duty. 133. Such leave may be based upon, but is not limited to, coroner, municipal court, county superior court, and federal jury duty.
134. Employees shall pay immediately to the City such amounts of money as they receive as per diem, but shall be entitled to keep such mileage payments as are made to them.
135. Each employee shall expeditiously report their probable absence for jury duty, and must report promptly the termination of active jury service. Employees whose shifts and days off are other than day shift Monday through Friday, shall be temporarily assigned day shift Monday through Friday for the duration of jury duty. Employees will be expected to give two weeks or more notice of their call for jury duty.

Military Leave
136. Military leave shall be granted in accordance with the provisions of California State Law. All employees entitled to and taking military leave shall give the Department Head the right within the limits of military necessity and regulations to determine when such leave shall be taken. When an employee is called for and serves extended active duty in the military (including annual reserve training), the City will pay the difference between the employee’s City pay and their extended 456
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active duty pay for a period of up to twelve months, if the employee's City pay is higher than the military pay. If the employee applies to the Public Employee Retirement System for PERS credit, and is approved, the City will make the necessary contributions as if the employee had been receiving full City paid salary while on extended active duty, for a period of up to twelve months. 137. No person shall be appointed permanently to a position from which another is on military leave, provided that nothing contained in this section shall prevent an employee originally appointed to a military leave vacancy from obtaining a permanent appointment to another position in the same class in the event a vacancy should occur through death, retirement, resignation, promotion, demotion, transfer or other action not related to military leave. 138. This section, Military Leave, shall not apply to any employee in a class covered by this Memorandum of Understanding, who was a City employee on July 1, 1981, and as of that date, was an active member of a reserve military unit.

Vacation Leave
139. Rate at Which Vacation Leave Shall Accrue for Full-Time Employees. Each employee working on a full-time basis shall accrue vacation at the rates specified below beginning with the date of original appointment.
140. The authorized annual vacation leave for employees shall be:

WORKING DAYS YEARS OF SERVICE
10 1-3
15 4-10
20 11-15
25 16-30
30 30 thereafter
141. Limitation on Vacation During First Year of Service. Each employee working full time in a regularly established continuing position in the Classified Service normally must have served one (1) year continuously in order to be eligible to take vacation leave. When unusual needs exist and after proper formal approval has been obtained, the employee, after six (6) months of continuous service, may be permitted to take accumulated vacation.
142. Other Limitations on Vacation Leave and Accumulation of Vacation Leave.

1. At any time during the year when three vacation periods are accrued, the employee will cease earning vacation until the employee has 457
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utilized vacation and their balance has fallen below the maximum accrual, shown below. Each time the three-year maximum accrual is reached, the employee shall stop accruing additional vacation. There will be no exceptions or waivers of the three annual vacation period accrual limit.

Years of Service Maximum Accrual
1-3 30 working days
4-10 45 working days
11-15 60 working days
16-30 75 working days
30+ 90 working days

2. No employee shall take more than the equivalent of two annual vacation periods in any one calendar year, except when vacation has been deferred at the request or order of the Department Head and approved by the City Manager, in the best interests of the City government and the employee.
143. Time at Which Vacation Shall be Taken. Vacation usage requests shall be made to the employee’s Department Head or designee. The times at which an employee shall take his/her vacation leave during the calendar year shall be determined by the Department Head or his or her designee with due regard for the wishes of the employee and particular regard for the needs of the service. 144. Effects of Holidays and Vacation Leave. In the event one or more municipal holidays fall within a vacation leave, such holidays shall not be charged as vacation leave and the vacation leave shall be extended accordingly. 145. The provisions of this section shall not apply to the incumbents of those positions in which holidays, due to the necessity of public health and safety, are normal working days.
146. Effect of Extending Military Leave on Vacation Leave. For the purpose of determining length of service, time spent on military leave from City service shall be counted as time spent in the service of the City.
147. Vacation Amounts at Termination of Active Employment. Following termination of active employment from whatever cause, the City shall pay to the employee or the estate such vacation as was due to the employee at termination or shall obtain reimbursement from the employee or estate for used vacation which was in excess of vacation due to the employee at termination by deduction from severance pay or otherwise.
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148. Vacation leave shall be used in no less than four-hour periods. Time off for four hours or less will not be charged to employee's vacation balance. 149. Reinstatement. Upon reinstatement or reemployment to the Classified Service, an employee's anniversary date, for the purpose of computing vacation rights, shall be the original appointment date less the time absent from the City payroll. 150. Credit for Prior Employment. Employees who occupy professional or managerial positions shall, upon approval by the City Manager, be granted up to ten years of service credit in determining rate of vacation accrual, for professional or managerial experience as specified in the job description of the position held with a prior employer(s).
151. Vacation Sell-Back. Annually, employees with at least two (2) years of full-time, regular service shall have the option to sell back up to five (5) work days of accumulated vacation time. Effective after Council approves this MOU, employees with at least two (2) years of full-time regular service shall have the option to sell back up to ten (10) work days of accumulated vacation time per calendar year.

Employees must irrevocably elect to sell back such leave by submitting a form provided by the City no later than November 15 prior to the year of the sell back, consistent with IRS rules. Payment of sold vacation time shall be made on the second payroll in December.

Injury Leave Payments
152. Any City employee, who is unable to work because of bodily injury or illness which occurs while they are acting within the course and scope of their employment, shall be paid their full salary up to a maximum of twenty-six (26) weeks, over a period not to exceed eighteen (18) months, from the date of injury, subject, however, to the following conditions:
153. If any employee exhausts their twenty-six (26) weeks of full pay as described above, and continues to be temporarily disabled, they will be paid the appropriate temporary disability as prescribed by the Workers’ Compensation code up to the maximum permitted.
154. When an employee returns to work or is medically determined to be permanent and stationary, or receives a disability retirement, the City's liability for temporary disability payments or salary continuation will be terminated. They may still be eligible for vocational rehabilitation maintenance.
155. During the time the employee is entitled to receive total temporary disability 459
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compensation payments, the City's liability is in accordance with the law but will not be greater than regular salary.
156. In the event that it is determined from competent medical evidence that an employee is no longer temporarily disabled, the City shall discontinue temporary disability payments or salary continuation. The employee may appeal this decision to the Workers’ Compensation Appeals Board.
157. When an employee is determined to be permanent and stationary, and it is determined from competent medical evidence that he/she is a qualified injured worker and unable to physically or mentally (psychologically) perform the full duties of their position, the employee has the option to immediately apply for a disability retirement, if eligible, or, if not eligible, to resign voluntarily. Failure to resign in such circumstance may result in termination from employment by the City in accordance with City policy. An employee who feels his/her rights are being violated due to their disability may file an internal complaint through the Human Resources Management Department utilizing the City's Americans with Disabilities Act complaint procedure and file for status under the Americans With Disabilities Act.
158. An employee absent on injury leave who is medically certified able to return to full duties shall return to work on the return-to-work date. Failure to do so may subject the employee to discipline.
159. During the time that an employee is disabled by reason of bodily injury or illness resulting from the course and scope of their employment, neither their vacation leave nor sick leave account shall be charged for the purpose of paying compensation leave benefits during said period. They may, with the approval of the Department Head, use vacation time, if needed. If a claim is delayed for any reason and the employee is disabled, they may use sick leave until there is a decision on whether the disability is work related.
160. A permanent employee absent from duty on paid injury leave under this Section 9 shall have such absence considered as "service" for purposes of computing rate of sick leave and vacation leave. This does not apply if an employee is no longer on salary continuation (off payroll) receiving temporary disability benefits. 161. A probationary employee will have their probationary period extended the same amount of time they are off work due to injury leave.
162. An employee who is medically certified to be a qualified injured worker and no longer able to perform the full duties of their position will continue to receive Worker's Compensation benefits provided by law, if applicable. 460
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163. In the event that an employee's injury or illness results from the carelessness or negligence of a third party, the City of Richmond will have the right of subrogation for reimbursement of salary and benefits paid by the City under the Self Insurance Program.
164. An employee may be seen by a doctor of their choice when injured on the job, if the employee has designated that doctor in writing with the Department of Human Resources Management prior to the injury. As permitted by State Law, the City may also require an injured employee to be evaluated by a City designated physician or specialist.

Court Appearances
165. Employees occasionally are required, by subpoena or otherwise, to be present at Court proceedings in connection with their City employment. Such Court appearances shall be in a full duty status. Employees are entitled, through normal administrative procedures, to payment by the City for out-of-pocket expenses. 166. Employees required, by subpoena or otherwise, to be present in Court not in connection with their City employment shall make such Court appearance either in no-pay status or on vacation time.

Administrative Leave
167. Employees represented by the Union shall be eligible to receive seven days of Administrative Leave each Fiscal Year. Administrative Leave must be used in full day increments and may not be cashed out or carried over the following year. 168. Administrative Leave will be available after six months employment pro-rated for newly hired employees who have worked less than a full fiscal year.

Administrative Leave will be pro-rated for those employees, but it still must be used in full day increments. After six months employment the employee will be credited with four days Administrative Leave and will receive one additional day for each remaining two months of the fiscal year they work.

Communications Shift Supervisor Administrative Leave
169. Communications Shift Supervisors will be granted two (2) administrative leave days each fiscal year beginning July 1. The two (2) days must be used by the end of each fiscal year, June 30, or the employee with forfeit them.

Holidays
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170. All regular, full-time classified employees shall be allowed a fully paid leave of absence on the following named holidays:

New Year’s Day January 1
Martin Luther King Jr. Birthday Third Monday in January Presidents’ Day Third Monday in February
Cesar Chavez Day March 31
Memorial Day Last Monday in May
Juneteenth June 19
Independence Day July 4
Labor Day First Monday in September
Admission Day September 9
Indigenous People’s Day Second Monday in October
Veteran's Day November 11
Thanksgiving Holidays Fourth Thursday in November
and the Friday following
Christmas Day December 25
171. In addition to the holidays listed in the preceding paragraph, each employee shall be granted five (5) days and two (2) hours paid floating holidays per calendar year which may be taken at any time during the calendar year subject to the approval of the employee's Department Head. Said holidays must be taken during each calendar year and may not be carried over from one calendar year to the next. To be eligible for such holiday, an employee must have been working for the City prior to September 1 of the calendar year.
172. When a holiday falls on Sunday, the Monday following shall be considered as a holiday. When a holiday falls on Saturday, the Friday preceding shall be considered as a holiday. When such holiday falls on a regular day off, the employee shall be entitled to an additional day off.

Part-Time Provisions
173. Employees appointed to any of the classes referred to herein and employed or working on a part-time basis shall be paid in proportion to the time worked. 174. For the purpose of calculating sick leave and vacation leave accruals for part-time personnel, any time compensated as sick leave or vacation leave shall be considered as time worked. Less than full time employees shall advance to higher levels of leave accrual rates when their cumulative hours worked, during years that qualify for the accrual of leave benefits, equals the time required for full time employees to advance to higher accrual rates.
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175. Vacation Leave and Sick Leave for employees who work half-time or more shall be set forth in appropriate sections of this agreement. 176. Part-time employees in the General Management Bargaining Unit will be allowed to carry over earned but unused sick leave and vacation credits from year to year within the vacation accrual maximums described in Article 9. 177. Permanent part-time employees who regularly work 20 or more hours weekly will be covered by the public employee retirement system in accordance with PERS provisions.
178. Permanent part-time employees who regularly work at least 20 hours, but less than 25 hours, weekly shall be covered by the PERS Medical Plan, in accordance with PERS Provisions. The City will contribute on behalf of such employees, the $20 monthly premium described in Article 8, paragraph 62. 179. Permanent part-time employees who regularly work 25 hours or more weekly shall receive the same medical plan benefits as full time employees.

Permanent part-time employees are eligible to participate in dental, vision, life insurance and LTD programs if plans allow. (See Article 8, paragraphs 73-78.) ARTICLE 10 WORKING CONDITIONS
Meal Periods and Rest Periods
180. Employees shall be assigned a one-half (1/2) or one (1) hour unpaid meal period each day within a two (2) hour period at midpoint of each shift, and a fifteen (15) minute paid rest period during the first half of the work shift and another fifteen (15) minute rest period during the second half of the work shift.

Working Hours
181. Departmental Working Hours. All offices of the City Government, except those for which special regulations shall be issued by the City Manager, shall be kept open each day except Saturday, Sunday, and holidays continuously from 8:30 A.M. until 5:00 P.M.
182. To assist in the orderly administration of the City Government, the following definitions shall be used:
183. The calendar week shall begin at 12:01 Sunday morning, and shall end at 12:00 463
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midnight Saturday.
184. The "work week" shall be the normal, total working hours within the calendar week for each City employee.
185. The "normal work day" for all regular, full-time employees shall be one fifth of the "work week" as established for the classification/department. 186. The City Manager shall have the obligation and the right, when the needs of the City service clearly require, to establish on a regular continuing basis, work days which are different from those herein defined in this section. 187. Length of Work Week. City employees generally shall have the following work weeks: general government employees at the Civic Center 37.5 hours, all other City employees 40 hours
188. Attendance. Employees shall be in attendance at their work in accordance with the rules governing hours of work, holidays, and leaves. All departments shall keep daily attendance records of employees which shall be reported on the payrolls. Absence without leave may be cause for disciplinary action.

Desk Audits
189. The policy and procedures governing desk audits related to work outside of an employee’s classification is set forth at Personnel Rule V, Section 4.8.

Work Volume Audit Pilot Program
190. Under this Pilot Program, an employee whose work regularly exceeds their normal workweek schedule by ten hours or more per week may request a work volume audit. The request must be in writing to Human Resources and must explain in detail their work volume and the employee’s concerns. The City is under no obligation to make any adjustments to the employee’s terms and conditions of employment as a result of the request, however, Human Resources will meet with the employee as soon as practicable, but no later than forty-five (45) days from the employee’s request, to discuss the employee’s work volume and concerns. If after meeting with the employee Human Resources determines the workload concerns should be discussed with the employee’s department, a meeting shall be scheduled with the employee, the employee’s supervisor or department director, Human Resources, and, if requested, the employee’s union representative to discuss ways to mitigate the work volume concerns. 191. The Work Volume Audit Program set forth in this section shall sunset on June 30, 464
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2028, and nothing in this Program precludes an employee from making a formal request for reclassification in accordance with Personnel Rule V, Section 4.8. 192. This section, Work Volume Audit Program, is not grievable.

ARTICLE 11 PERSONNEL PROVISIONS
Layoff
193. Seniority Defined. Seniority is defined as days of continuous accrued service ("length of service") within any classification with the City. For layoff purposes all time on Worker's Compensation and Military Leave shall be added to this computation.
194. Provisional or acting appointment to a classification shall not be construed as service in such classification unless such appointment was to a probationary or part-time status in that classification.
195. Whenever there is lack of work, lack of funds, substantive change in duties or organization, return of an employee from leave of absence, or other valid reasons requiring reduction of personnel in a department or division of the City government, the required layoffs shall be made, in job classifications set forth in the classification plan of the City of Richmond, by the City Manager or designee in accordance with the following procedures:
196. All possibilities for a transfer to a vacant position must be exhausted before notice of layoff is given.
197. Whenever layoff of one or more employees becomes necessary, as defined in Article XIII of the City Charter and this section, such layoff shall be made by seniority within classification on a City-wide basis when employees with permanent appointments in the class are involved.
198. Whenever the effective date of appointment to a classification is the same for two or more employees, the original date of hire as a probationary or permanent parttime employee shall be used to determine which employee has greater length of service within the classification. The employee with the earliest permanent hire date shall be considered to have seniority in the classification in this situation.

Whenever two (2) or more employees subject to layoff have the identical seniority, the order of layoff will be determined by lot, and the selection witnessed by a representative of the Union.
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199. At least three (3) weeks prior to the effective date of a proposed layoff, the Department Head shall notify the Director of Human Resources of the proposed action with the reason therefore. At least two weeks prior to the effective date of a proposed layoff, the Human Resources Director shall notify the affected employee and the Union of the proposed action. The City will notify the Union when it has made a firm decision to effect layoffs. Upon notification to the Union, the City and Union will meet without delay, provided that such meeting shall not result in delays in layoffs. All employees faced with such notice shall, in the absence of an active disciplinary action, be considered eligible for rehire. If disciplinary procedures are in progress for any such employee, said individual may be laid off, but must be accorded all employee rights to exhaust appropriate appeal processes prior to final implementation of the layoff. 200. An employee designated to be laid off may exercise “bumping" rights to a previously held classification provided that his/her seniority (date of hire) in that classification exceeds the seniority (date of hire) of at least one employee in the classification.
201. An employee who has been laid off to a lower class or a comparable class with a lower salary will receive the salary step in the lower range closest to, but not exceeding their salary, or exceeding the top step of the lower range. 202. No employee holding a permanent appointment in the class from which layoff is to be made shall be laid off unless all provisional, acting and probationary employees City wide in the affected classification have first been laid off. 203. In the event of layoff the City shall prepare a list of employees in each section of the City's classified service which are subject to layoff. Said list shall serve as the basis for placement on a reemployment list. Reemployment shall occur in the order of cumulative time served (date of hire) in the classification(s) in which the employee has established eligibility. The City will ensure that said list will be presented to the Union Board of Directors at least five (5) days prior to the first "meet and confer" session.
204. Employees who are rehired into a classification other than the one from which they were laid off shall have the right to be reinstated into their previous position for a period of three (3) years in the event that vacancies occur in the classification or new positions are created after they are rehired.
205. The Director of Human Resource or a designee shall create and cause to be maintained a list of comparable classifications if any, for every classification in the classified service. Employees subject to layoff who do not possess bumping rights will be considered for transfer to vacant positions outside the employees’ current 466
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classification but within the bargaining unit as set forth in the comparable classification list.
206. An employee may volunteer to be laid off and placed on a reemployment list on the basis of seniority and comparability of assignment. 207. Interested employees who are placed upon a reemployment list due to layoff and who elect to be available for temporary work shall be given preference for such work in their former department in the classification from which they were laid off. The election to be available for temporary work must be made at the time of layoff. Employees may decline to be available for temporary work or may decline such work itself without affecting any right held. In no instance shall an employee hired for temporary work serve in their position for a period to exceed 180 calendar days. If the City wishes to continue the employment services beyond the 180 day period, that employee shall be deemed to be recalled and returned to their previously held position with full time benefit and salary status. All employees hired in to temporary positions shall be paid at the level of compensation consistent with their classification and be given prorated benefits. 208. In the event an employee is offered and fails to accept a reassignment or transfer to a comparable position or a formerly held position in lieu of layoff, that employee shall be deemed to have been offered and declined such work and voluntarily terminated from the classified service. An employee in such a situation shall be removed from the reemployment list regardless of seniority. 209. No name shall be carried on a reemployment list for a period longer than two (2) years and the names of persons reemployed in a permanent position within the same classification shall upon reemployment be dropped from the list. A refusal to accept two (2) offers of reemployment within the same classification shall cause the name of the person to be dropped from the reemployment list. 210. The Director of Human Resource shall track seniority by classification whenever there is a reclassification and person remaining in the classified service who occupied the position so reclassified. A caveat in these circumstances is that the duties must have remained essentially the same and the previously held position has not been abolished. In any event, the individual must be considered eligible to occupy the reclassified position on the basis of comparability.

Severance Pay
211. A permanent management employee who is laid off due to reduction in force shall be entitled to severance pay in the amount of six (6) days of unused sick leave for each year of continuous service up to a maximum of thirty (30) days pay. Any such 467
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employee who is laid off and subsequently reemployed by the City shall only be entitled to receive severance pay for those work days during which the individual was not in employment status.
212. A permanent management employee who is laid off due to reduction in force shall be entitled to severance pay as follows: three (3) months salary continuation and six (6) months continuation of medical and related insurance at the level of City contribution agreed to in the Memorandum of Understanding. The City will meet with individual employees to attempt to reduce the impact of income tax liability resulting from severance payments.

Probationary Period
213. Purpose of the Probationary Period. The probationary period is a basic part of the employee selection process and shall be used for close observation of the probationary employee’s work and conduct, for securing the most effective adjustment of a probationary employee to their position, and for rejecting any probationary employee whose performance clearly does not meet the minimum standards of work production, conduct, fitness and development which are required.
214. Permanent employees who are in a new position due to reclassification of their position, or reorganization within the City are not subject to a new probationary period. A probationary employee whose classification is reclassified during their probation, will continue their original probationary period. A new probationary period will not begin due to a reclassification or reorganization. 215. Length of Probationary Period. All appointments made from eligible lists to permanent positions shall be subject to a probationary period. With the approval of the Director of Human Resources and the City Manager, continuous temporary service may be counted as part of the probationary period provided that the temporary service was in the same class and the same department to which the probationary appointment is made. Such probationary period shall be six months for employees who have been promoted from one position to another in the City service; however, this period may be extended up to an additional six months when that need has been demonstrated by the supervisor in probationary performance evaluations completed in accordance with procedures set forth in this section. The probationary period shall be one year for all initial appointments except that the Department Head may request that a probationary employee may be granted earned permanent status in less than one year for exceptional performance.
216. When a permanent employee is promoted to a classification in which a license or 468
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certificate of proficiency is required, the probationary period shall be one year in order to provide the appointee with ample opportunity to acquire such certification.
217. Rejection During Probationary Period. During the probationary period, any probationary employee may be rejected any time and for any reason which is not unlawful by the Department Head. Release of probationary employees is not subject to the grievance procedure.
218. Rejection of Probationary Employees Following Promotion. Any employee rejected during the probationary period following appointment to a higher classification shall be reinstated to the position from which they were appointed unless charges are filed and they are discharged in the manner provided in Article XIII of the Charter and the Personnel Rules.
219. Probationary Performance Reports. It shall be the duty of each Department Head during the probationary period of each probationary employee in their organization to investigate thoroughly the probationary employee’s adjustment, performance, and general acceptability to determine whether or not the probationary employee is fully qualified for permanent appointment. They shall be responsible for reports on the probationary employee’s performance and conduct at the completion of every three (3) calendar months during the probationary period, or more frequently if deemed desirable by the Department Head, such reports to be reviewed with the probationary employee by the rater.

The Department Head shall give a copy of the reports to the probationary employee.
220. The final probationary report on each probationary employee shall include the Department Head’s recommendation to the City Manager to either retain or reject the probationary employee. Such reports shall be upon forms prescribed by and submitted to the Director of Human Resources.
221. Effects of Leaves of Absence on Probationary Period. The probationary period of a given employee shall be extended by the time equal to the time they have been on a leave of absence other than sick leave, vacation, or holiday leave during their probationary period. If sick leave or compensation leave exceeds 30 consecutive days, the additional days off will extend the probation period.

Resignation
222. An employee wishing to leave the Classified Service in good standing shall file with their supervisor at least 14 days before leaving the service, a written resignation stating the effective date and reasons for resigning. The resignation 469
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shall be forwarded to the Director of Human Resources with a statement by the Department Head evaluating the services of the employee. 223. Once a written resignation is submitted to management, it can only be rescinded with the agreement of the City Manager; otherwise, it is automatically accepted. 224. Failure to comply with this section shall be entered on the employee's service record and may be cause for denying future employment with the City.

Transfer
225. All vacancies shall be posted on appropriate bulletin boards for at least 15 working days so that present City employees may request transfer. 226. Employees wishing to transfer within the City, must respond to position announcements in writing to the Human Resources Department. 227. There is a sixty (60) day “probationary period” for employees who transfer in the same class between departments. Either the employee or the City may decide that the employee should return to their former position and department during that probationary period.

Reassignment
228. A Department Head shall have the right to reassign any employee from one position to any other position in the same class in their department. Factors to be considered when determining respective job assignments for permanent employees will include seniority as well as training, past performance and experience. However, no employee shall be reassigned from one position to another position in the same class in a different department unless both department heads consent and the employee so requests in writing; providing that, in the best interests of the service and upon the recommendation of the Director of Human Resources , the City Manager may so reassign an employee whether or not they request it. An employee shall be given at least ten (10) working days advance notice of a reassignment, except in event of an emergency. 229. If the employee to be reassigned as defined in any of the situations above and the employee so desires, the employee can request mediation between themselves and their supervisor (the person who was responsible for making the decision to reassign the employee) and the Human Resources Director. The mediation must occur within seven (7) days of the employee’s request but said request must occur during the ten (10) business day period outlined above and is not intended to be used as a mechanism to extend the ten (10) business days that an employee can be 470
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reassigned by.
230. Reassignment shall not be used to bring about promotion, demotion, advancement, reduction, or for disciplinary reasons without having an opportunity to go through the necessary appeal process, e.g., Skelly meeting and grievance.

Nepotism
231. In order to avoid real or perceived favoritism, no employee (permanent, temporary, or seasonal) may be in a direct or indirect supervisorial position over a member of their immediate family nor may members of an immediate family report to the same supervisor. For purposes of this article, “immediate family” includes husband, wife, children, domestic partner, parents, grandparents, grandchildren, brother, or sister.
232. Where a work relationship as described in paragraph 231 exists within the City on or before June 23, 1997, the above provision will not be applied unless a problem is created by the immediate family relationship. A “problem” is the existence of a real or perceived act(s) of favoritism, unusual treatment, conflict of interest, unequal supervision, or unacceptable work behavior due to or related to the immediate family relationship which is not in the best interests of the morale, safety, health, security, or effectiveness, as determined by the City Manager. 233. In that event, the City will make every effort to remedy the situation as internal transfer opportunities occur without financial hardship to the employee(s). After every effort to remedy the situation has been made and the problem continues unabated, this provision in no way expands, diminishes, or in any way changes, alters, or modifies the existing authority of the City Manager to correct the problem.

Personnel Files
234. Employees may inspect their personnel files in the central Human Resources Department or their department.
235. An employee will be given a copy of any derogatory information placed in the personnel file of the central Human Resources Department or their department. 236. Any derogatory information placed in the department personnel file must be placed in the central personnel file with fifteen (15) days. 471
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ARTICLE 12 GRIEVANCES AND APPEALS
Grievance Procedure
237. Definition of a Grievance. A grievance is a claimed violation, misapplication, or misinterpretation of a specific provision of this agreement or of the Personnel Rules, which adversely affects the grievant except for the following: rejection from probation; performance evaluations, any exercise or lack of exercise of Management Rights (Article 3), any complaint for which another avenue of appeal exists, and any claim of violation of law including the requirement to meet and confer under the Meyers-Milias-Brown Act. (For a definition of grievances which may go to Binding Arbitration, see Article 12, paragraphs 246-247. Any other grievances may not use the Binding Arbitration step).
238. Union as Grievant. The Union may be the grievant only when multiple grievances of the same action(s) are made by identified unit members. 239. Time Limits/Designees. All days are calendar days. The employee and/or the Union must initiate a grievance as provided in Step 1 within fourteen (14) days of the occurrence of the dispute or fourteen (14) days from such time as the employee and/or the Union could have been aware of the problem. At each step, the City representatives shall have fourteen (14) days to respond to the grievance except at Step 3 wherein the City Manager shall have a reasonable period (not to exceed 30 days) in which to respond to the grievance. The employee and/or Union shall have fourteen (14) days from receiving notice of a rejected grievance to forward the grievance to the next higher step. These time limits may be extended by mutual written agreement by the parties. Failure of the employee to respond within the specified time limits, unless such are extended, shall dismiss and nullify the grievance. Failure of the City to observe such time limits, unless such are extended, shall cause the grievance to be moved to the next higher step. Wherever reference is made to "Department Head," "Human Resources Director," or "City Manager," such reference shall be deemed to include "or their designee". 240. Procedure: Step 1. The employee and/or the Union must present the grievance personally, in writing, to the Department Head which states: the grievant’s name; the grievant’s position; the date the grievance is filed; a factual account of the adverse action, including but not limited to, the names of the persons involved, the location of events, and the date and time of the adverse action; the specific Memorandum of Understanding provision or Personnel Rule violated; and the proposed remedy. This step is not intended to preclude open and frank discussions between the employee and their supervisor before a grievance is filed; however, the time limits will not be extended during this discussion period unless both parties agree in writing. The Department Head shall meet with the grievant 472
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and give a written answer to the grievance.
241. Step 2. If the grievance is not resolved at Step 1, the employee and/or the Union shall submit the grievance in writing to the Director of Human Resources. The Director of Human Resources shall meet with the grievant and/or the Union and give a written answer to the grievance. If the grievance is rejected, the Director of Human Resources shall give the grievant and/or the Union the reasons therefore in writing.
242. Step 3. If the grievance is not resolved at Step 2, the grievant and/or the Union may submit the grievance to the City Manager and a meeting with the City Manager may be requested with all designated parties to air the complaint. If the City Manager rejects the grievance, written notice of such rejection and the reasons therefore shall be given to the employee and/or the Union. 243. Step 4. Upon receipt of a written notice that the City Manager has rejected the grievance, the grievant and/or the Union shall have the right to present the matter to the Personnel Board under the Personnel Rule governing appeals and hearings or, where permitted, to present the matter to an arbitrator. See Article 12, Binding Arbitration, paragraphs 244-255.

Binding Arbitration
244. Binding arbitration is agreed to by the Union and its members with full knowledge that they are waiving their rights to a Personnel Board hearing as described in Personnel Rule XI, and in Article XIII Section 7(a) of the City Charter. Specifically, employees utilizing binding arbitration waive the right for a Personnel Board investigation, hearing, and recommendation to the City Manager. Appeals to Arbitration may be made only by the Union.
245. Applicability. This section applies only to employees covered by this agreement as described in Attachment A. (See Attachment B for Communications Shift Supervisors' procedure.) This procedure shall be applicable only in the following situations.
246. Disputes concerning disciplinary actions greater than five days suspension without pay, including disciplinary termination of employment, pay reductions equivalent to greater than five (5) days’ pay, and demotions. 247. Disputes over the agreement concerning interpretation and/or application of specific language in grievable sections of this Memorandum of Understanding for which no other avenue of redress exists may also be grieved to arbitration. Such request for arbitration must come only from the Union. In such circumstances, an 473
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arbitrator will decide how the specific requirement, condition, or provision of the agreement will be applied.
248. Time Lines. A written request for arbitration shall be served on the Director of Human Resources within fourteen (14) calendar days after the City Manager has delivered to the employee their decision on the disciplinary matter or contract interpretation/application issue. These time lines may be waived or extended only with the mutual written consent of both parties.
249. If the above time limitations are not met, the grievant or the Union will have waived all rights to arbitration or a hearing by the Personnel Board on the proposed discipline or contract interpretation/application issue. 250. Selection of an Arbitrator. An impartial arbitrator shall be selected jointly by the City and Union. Within fourteen (14) calendar days of the request for arbitration, the moving party will request of the California State Conciliation Service a list of five arbitrators. If the parties cannot mutually agree on an arbitrator, each party shall in turn cross off one name on the list; the first party to cross off a name shall be determined by a flip of a coin. The final name left on such list shall be the arbitrator. The arbitrator shall render a decision no later than 30 days after the arbitration hearing, unless otherwise agreed upon by the parties and the arbitrator.

Such decision shall be in conformance to the terms of this Memorandum of Understanding. Copies of the decision will be furnished to both parties. 251. Decision of the Arbitrator is Binding. The decision of the arbitrator shall be final and binding on the parties and on any affected employees covered by this agreement. Said decision shall be issued in writing and made in accordance with and in conformance to, the terms of this Memorandum of Understanding. 252. Fees and Expenses. The fees and expenses of the arbitrator and of a court reporter if used, shall be shared equally by the Union and the City. Each party, however, shall bear the cost of its own attorney's fees or other presentation costs including but not limited to preparation for the hearing and post-hearing briefs, if any. 253. Limitations on Arbitrator's Authority and Jurisdiction. No arbitrator shall entertain, hear, or decide any dispute unless such dispute involves an eligible employee in this represented unit and unless such dispute falls within the section above entitled Applicability.
254. Proposals to create, add to, or change this written agreement or addenda supplementary thereto shall not be arbitrable and no proposal to modify, amend, or terminate a negotiated agreement, nor any matter or subject arising out of or in 474
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connection with such proposal, may be referred to this process. Likewise, no grievance arising out of the exercise of the Management Rights section of this Memorandum of Understanding shall be submitted to this procedure. 255. No arbitrator shall have the power to amend or modify a negotiated agreement or addenda supplementary thereto or to establish any new terms or conditions of employment or to make any decision in violation of existing law. The arbitrators authority shall be limited only to the application and interpretation of the provisions of this written agreement. The arbitrator shall have no authority to base any decision on any past practice or custom which is inconsistent with any provision of this agreement, or to render an award on any action occurring before the effective date or after the stated termination date of this agreement.

ARTICLE 13 NO STRIKE
256. During the term of this Memorandum of Understanding, the Union shall not engage in any strike, work stoppage, work slowdown, or job action against the City; and the City shall not engage in any lockout of unit employees.

ARTICLE 14 FULL UNDERSTANDING
257. The Parties understand that the agreements set forth herein are final. No change or modifications shall be offered, urged, or otherwise presented by the Union or the City prior to June 30, 2028. However, nothing herein shall prevent the parties to this Memorandum of Understanding from meeting and conferring and making modifications herein by mutual consent.

ARTICLE 15 RETROACTIVITY
258. All provisions of this Memorandum of Understanding are effective upon ratification by the City Council, unless specifically noted as being effective upon an earlier date.

ARTICLE 16 MISCELLANEOUS PROVISIONS
Joint Communications Team
259. In order to encourage open communications, promote harmonious labor relations, and resolve matters of mutual concern, the parties agree to create a Joint Communications Team. The Team may consider using available mediation services from the California Mediation and Conciliation Service or the Federal Mediation and Conciliation Service or other service upon which the Team 475
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members mutually agree. This team shall be exclusive to the parties to this agreement. The team shall be governed by the following principles:
260. The team will meet quarterly or more often as mutually agreed to by the parties. 261. The agenda for each meeting will be decided five working days in advance of the negotiating sessions and will not substitute for negotiations. 262. The City will release at least two members from the bargaining unit for attendance at team meetings. Additional members may be released depending on the subject matter of the agenda item and prior agreement by the team members to do so.

Management will provide at least two members of the team.

Weingarten Rights
263. The U.S. Supreme Court has ruled that an employee is entitled to have a Union representative present during any investigatory interview which may result in discipline. This entitlement is referred to as an employee’s Weingarten Rights. 264. The employee must request that a Union representative be called into the meeting. 265. The employee must have a reasonable belief that discipline will result from the meeting.
266. The employee has the right to know the subject of the meeting and the right to consult a Union representative prior to the meeting to get advice. 267. The Union advises an employee not to refuse to attend a meeting if a steward is requested but denied. The Union suggests the employee attend the meeting and repeatedly insist upon the right to have a Union representative present. If this fails, the Union suggests that the employee not answer any questions and take notes.

Catastrophic Leave
268. The City’s Catastrophic Leave policy is attached hereto as Attachment C.

Due Process Rights in Disciplinary Actions
269. The following is an outline of the rights typically referred to as “Skelly Rights.” 270. If an employee is subject to a demotion, suspension, dismissal, or reduction in pay, the City shall provide the employee with a written notice stating the reason(s) for 476
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the disciplinary action is based, a listing of the alleged violations, a copy of any documents upon which management relied in proposing the action, a period of time between the notice and a date to respond to the charges at a disciplinary meeting with management known as a “Skelly” meeting. The employee may respond in writing or in person on that date.
271. Any employee who is subjected to a disciplinary hearing shall be entitled to have present a representative of the Union.
272. Appeals will be handled through the procedures in the City Charter or Article 12.

ARTICLE 17 SEPARABILITY OF PROVISIONS
273. In the event any provisions of this MOU are declared by a Court of competent jurisdiction to be illegal or unenforceable, such finding shall not affect any other provisions of this MOU, all of which other provisions shall remain in full force and effect.

ARTICLE 18 REPRESENTATION RIGHTS
Specific Limitations on Representation Rights
274. Affected Classes. The classes of Human Resources Analysts I and II, and , and Human Resources Analyst Senior in the Human Resources Department shall be subject to the following restrictions:
275. Maximum of Four Designated. The City may, at its discretion, designate up to four members of the above classes to actively assist the City during collective bargaining. Any individuals so designated shall be placed on "restricted status" during the period of "active" collective bargaining. Individuals may be designated to actively assist the City in the following units: (1) general employees (Local 1021); (2) fire employees (Local 188 and fire management); and (3) police employees (RPOA and police management). Only one individual shall be actively assigned per unit, although one individual may be assigned to actively assist in all management negotiations. No Union member shall be actively assigned to assist the City in this unit’s negotiations. If police and police management, or fire and fire management, are open simultaneously, only one of this unit’s managers will be responsible for active assistance in fire or police as the case may be. 276. Definition of Active Assistance. In order to be considered “actively assisting" the City during collective bargaining, said individual must be present during collective bargaining, or have direct knowledge of strategies and planning in 477
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regards to the assigned collective bargaining. The period of “active participation" shall commence no sooner than sixty (60) days prior to the commencement of formal negotiations and shall terminate upon finalization of negotiations between the City and the bargaining unit.
277. Nature of the Restriction. Any individuals who are in “restricted status" shall be excluded from any meetings or deliberations of the Union, its officers, agents, employees or members, which cover the topics of collective bargaining. In addition, confidential information acquired from collective bargaining shall not be disclosed to the Union, its officers, agents, employees, or members by said individuals.
278. Definition of Collective Bargaining. Collective bargaining, as defined herein, applies to formal contract negotiations, mid-contract term re-opener negotiations, or other mid-contract term negotiations provided said restricted employee' is present during the negotiations, is actively assisting City negotiators or has direct knowledge of strategies and planning in regard to the assigned negotiations. 279. Grievances and Discipline (Human Resources Staff). Union members of the Human Resources Department will not serve as Union representatives in grievance or disciplinary actions brought by this unit’s members.

Disqualification of Union Members Working as Assistant Department Heads, and Members Participating on City Bargaining Teams
280. Grievances and Discipline. Members of the Union who are employed as Assistant Department Heads shall be restricted from representing unit members in grievance or disciplinary proceedings in the Assistant Department Head's department. In such a case, the Assistant Department Head will keep confidential from the Union representatives any knowledge which they have acquired in the case, except that Union representatives shall be entitled to receive any information that they normally would be entitled to receive as a result of their certification as the bargaining representative.
281. Negotiations. Members of the Union who participate in City negotiations with other units and who acquire direct knowledge of City strategies and planning in those negotiations shall keep said information confidential from the Union.

Violation of This Article
282. Should the City determine that it believes the Union, or any restricted member or Assistant Department Head, has violated this Attachment, then the City shall provide the Union with written notice of the suspected violation. If the Union 478
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believes that the City has violated any provision of this Attachment, then the Union shall provide the City with written notice of the suspected violation. 283. Any dispute arising out of the interpretation or application of this Attachment shall be subject to the "meet and confer" provisions of the Meyers-Milias-Brown Act. If the dispute is not resolved by meeting and conferring, then either party may, upon written notice to the other request outside mediation through the California State Mediation and Conciliation Service.
284. If the City suspects any member of the Union who is a "restricted member" as defined by this Attachment, or an Assistant Department Head, has violated the restrictions of this Attachment, then the City is empowered to initiate disciplinary action against the member. Resolution of any such disciplinary action shall be subject to the appeal procedures of this Memorandum of Understanding. 285. The Union hereby waives its right to challenge the restrictions imposed by this Attachment on "restricted members" and on Assistant Department Heads during the term of this Memorandum of Understanding.

ARTICLE 19 TERM OF AGREEMENT
286. This Agreement shall become effective July 1, 2025, and shall continue in effect through June 30, 2028.

For the Union: For the City:

Sean Stalbaum Lisa S. Charbonneau
Chief Negotiator Chief Negotiator
Mid-Managers Assn., IFPTE Local 21 City of Richmond
Yvette Williams-Barr Nickie Mastay
President Deputy City Manager
Mid-Managers Assn., IFPTE Local 21 City of Richmond
479
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Kymberlyn Carson-Thrower LaShonda White
Vice President Deputy City Manager
Mid-Managers Assn., IFPTE Local 21 City of Richmond
Kymberly Carson-Thrower Sharrone Taylor
Bargaining Team Member Director of Human Resources
Mid-Managers Assn., IFPTE Local 21 City of Richmond
Eva Mann Catherine Selkirk
Bargaining Team Member Human Resources Manager
Mid-Managers Assn., IFPTE Local 21 City of Richmond
Michelle Milam
Bargaining Team Member
Mid-Managers Assn., IFPTE Local 21
Kimberly Porter
Bargaining Team Member
Mid-Managers Assn., IFPTE Local 21
Eric Tam
Bargaining Team Member
Mid-Managers Assn., IFPTE Local 21
480
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ATTACHMENT A. SALARIES AND CLASSIFICATIONS
City of Richmond
IFPTE Local 21 General Management Employees
Monthly Payroll Schedule
Effective June 30, 2025
Job Class Title Range Step 1 Step 2 Step 3 Step 4 Step 5 Accounting Manager M112 $12,601 $13,232 $13,893 $14,588 $15,318 Administrative Analyst M106 $7,138 $7,494 $7,869 $8,263 $8,676 Administrative Services Coordinator M107 $7,825 $8,216 $8,627 $9,058 $9,511 Arts And Culture Manager M111 $11,430 $12,001 $12,602 $13,232 $13,893 Assistant City Engineer M113 $13,909 $14,604 $15,335 $16,101 $16,906 Assisted Housing Manager M208 $8,588 $9,017 $9,468 $9,941 $10,438 Associate Admin Analyst M107 $7,825 $8,216 $8,627 $9,058 $9,511 Budget Administrator M112 $12,601 $13,232 $13,893 $14,588 $15,318 Budget Analyst I M106 $7,138 $7,494 $7,869 $8,263 $8,676 Budget Analyst II M108 $8,588 $9,017 $9,468 $9,941 $10,438 Building Inspector Supervisor M110 $10,379 $10,898 $11,443 $12,015 $12,616 Building Maintenance Supervisor M209 $9,436 $9,907 $10,403 $10,923 $11,469 Building Official M113 $13,909 $14,604 $15,335 $16,101 $16,906 Business Systems Analyst I M107 $7,825 $8,216 $8,627 $9,058 $9,511 Business Systems Analyst II M108 $8,588 $9,017 $9,468 $9,941 $10,438 Cable Television Manager M109 $9,436 $9,907 $10,403 $10,923 $11,469 Cable TV Engineering Coordinator 055D $7,509 $7,883 $8,240 $8,640 $9,076 Cable TV Programming Coordinator 055D $7,509 $7,883 $8,240 $8,640 $9,076 Capital Projects Manager M111 $11,430 $12,001 $12,602 $13,232 $13,893 CCTV Wireless & Systems Specialist M108 $8,588 $9,017 $9,468 $9,941 $10,438 Chief Accountant M110 $10,379 $10,898 $11,443 $12,015 $12,616 Chief Electrician M209 $9,436 $9,907 $10,403 $10,923 $11,469 Circulation Supervisor M108 $8,588 $9,017 $9,468 $9,941 $10,438 Code Enforcement Manager M112 $12,601 $13,232 $13,893 $14,588 $15,318 Communications Shift Supervisor M109 $9,436 $9,907 $10,403 $10,923 $11,469 Communications Center Manager M111 $11,430 $12,001 $12,602 $13,232 $13,893 Community Services Program Manager M108 $8,588 $9,017 $9,468 $9,941 $10,438 Contract Compliance Administrator M109 $9,436 $9,907 $10,403 $10,923 $11,469 Crime Analyst M108 $8,588 $9,017 $9,468 $9,941 $10,438
Crime Prevention Manager M110 $10,379 $10,898 $11,443 $12,015 $12,616 Custodial Maintenance Supervisor 052F $6,950 $7,285 $7,651 $8,022 $8,415 Deputy Building Official M111 $11,430 $12,001 $12,602 $13,232 $13,893 Development Project Manager I M109 $9,436 $9,907 $10,403 $10,923 $11,469 Development Project Manager II M111 $11,430 $12,001 $12,602 $13,232 $13,893 Economic Dev Administrator M112 $12,601 $13,232 $13,893 $14,588 $15,318 Economic Development Coordinator M107 $7,825 $8,216 $8,627 $9,058 $9,511 Emergency Services Analyst M106 $7,138 $7,494 $7,869 $8,263 $8,676 Emergency Services Manager M109 $9,436 $9,907 $10,403 $10,923 $11,469 Employee Benefits Analyst M108 $8,588 $9,017 $9,468 $9,941 $10,438 Environmental Manager M111 $11,430 $12,001 $12,602 $13,232 $13,893 Environmental Services Coordinator M107 $7,825 $8,216 $8,627 $9,058 $9,511 481
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Equipment Serv Superintendent M212 $12,601 $13,232 $13,893 $14,588 $15,318 Equipment Supervisor M208 $8,588 $9,017 $9,468 $9,941 $10,438 Executive Asst To The City Manager M108 $8,588 $9,017 $9,468 $9,941 $10,438 Finance Manager I M108 $8,588 $9,017 $9,468 $9,941 $10,438 Finance Manager II M111 $11,430 $12,001 $12,602 $13,232 $13,893 GIS Administrator M110 $10,379 $10,898 $11,443 $12,015 $12,616 Head Of Reference M107 $7,825 $8,216 $8,627 $9,058 $9,511 Housing Manager M113 $13,909 $14,604 $15,335 $16,101 $16,906 Housing Programs Analyst M108 $8,588 $9,017 $9,468 $9,941 $10,438 Housing Services Supervisor M110 $10,379 $10,898 $11,443 $12,015 $12,616 Human Resources Analyst I M107 $7,825 $8,216 $8,627 $9,058 $9,511 Human Resources Analyst II M108 $8,588 $9,017 $9,468 $9,941 $10,438 Human Resources Analyst Principal M110 $10,379 $10,898 $11,443 $12,015 $12,616 Human Resources Analyst Senior M109 $9,436 $9,907 $10,403 $10,923 $11,469 Human Resources Manager M113 $13,909 $14,604 $15,335 $16,101 $16,906 Industrial Building Inspector M110 $10,379 $10,898 $11,443 $12,015 $12,616 Information Technology Manager 071D $11,835 $12,426 $13,050 $13,702 $14,389 Information Technology Support Specialist I M105 $6,518 $6,844 $7,187 $7,546 $7,923 Information Technology Support Specialist II 055D $7,509 $7,883 $8,240 $8,640 $9,076 Infrastructure Administrator M109 $9,436 $9,907 $10,403 $10,923 $11,469 Law Office Supervisor M109 $9,436 $9,907 $10,403 $10,923 $11,469 Library Services Manager M111 $11,430 $12,001 $12,602 $13,232 $13,893 Literacy Program Manager 58 $7,878 $8,261 $8,649 $9,076 $9,514 Management Analyst M108 $8,588 $9,017 $9,468 $9,941 $10,438 Network & Systems Engineer M110 $10,379 $10,898 $11,443 $12,015 $12,616 Network & Systems Security Officer M113 $13,909 $14,604 $15,335 $16,101 $16,906 Network & Systems Specialist I M107 $7,825 $8,216 $8,627 $9,058 $9,511 Network & Systems Specialist II M109 $9,436 $9,907 $10,403 $10,923 $11,469 ONS Program Manager M112 $12,601 $13,232 $13,893 $14,588 $15,318 Paratransit Coordinator M108 $8,588 $9,017 $9,468 $9,941 $10,438 Parks Supervisor M208 $8,588 $9,017 $9,468 $9,941 $10,438 Parks & Landscape Superintendent M212 $12,601 $13,232 $13,893 $14,588 $15,318 Payroll Manager M110 $10,379 $10,898 $11,443 $12,015 $12,616 Plan Check Engineer M110 $10,379 $10,898 $11,443 $12,015 $12,616 Police Administrative Manager 070F $11,670 $12,253 $12,868 $13,534 $14,178 Police Records & Property Manager M110 $10,379 $10,898 $11,443 $12,015 $12,616 Port Marketing/Operations Manager M111 $11,430 $12,001 $12,602 $13,232 $13,893 Principal Planner M111 $11,430 $12,001 $12,602 $13,232 $13,893 Programmer Analyst I M107 $7,825 $8,216 $8,627 $9,058 $9,511 Programmer Analyst II M109 $9,436 $9,907 $10,403 $10,923 $11,469 Project Coordinator M110 $10,379 $10,898 $11,443 $12,015 $12,616 Public Safety Technology Supervisor M111 $11,430 $12,001 $12,602 $13,232 $13,893 Public Works Abatement Superintendent M212 $12,601 $13,232 $13,893 $14,588 $15,318 Public Works Inspector Supervisor M209 $9,436 $9,907 $10,403 $10,923 $11,469 PW Administrative Manager M110 $10,379 $10,898 $11,443 $12,015 $12,616 PW Facilities Maintenance Superintendent M212 $12,601 $13,232 $13,893 $14,588 $15,318 PW Streets Maintenance Superintendent M212 $12,601 $13,232 $13,893 $14,588 $15,318 Recreation Supervisor M107 $7,825 $8,216 $8,627 $9,058 $9,511 Rent Program Services Analyst I M107 $7,825 $8,216 $8,627 $9,058 $9,511 Rent Program Services Analyst II M108 $8,588 $9,017 $9,468 $9,941 $10,438 482
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Senior Accountant M109 $9,436 $9,907 $10,403 $10,923 $11,469 Senior Administrative Analyst M109 $9,436 $9,907 $10,403 $10,923 $11,469 Senior Budget Analyst M109 $9,436 $9,907 $10,403 $10,923 $11,469 Senior Buyer M109 $9,436 $9,907 $10,403 $10,923 $11,469 Senior Civil Engineer M112 $12,601 $13,232 $13,893 $14,588 $15,318 Senior Code Enforcement Officer M108 $8,588 $9,017 $9,468 $9,941 $10,438 Senior Development Project Manager M111 $11,430 $12,001 $12,602 $13,232 $13,893 Senior Management Analyst M110 $10,379 $10,898 $11,443 $12,015 $12,616 Senior Planner M110 $10,379 $10,898 $11,443 $12,015 $12,616 Senior Programmer Analyst M110 $10,379 $10,898 $11,443 $12,015 $12,616 Senior Property Manager M109 $9,436 $9,907 $10,403 $10,923 $11,469 Senior Transportation Planner M110 $10,379 $10,898 $11,443 $12,015 $12,616 Sr Business Assistance Officer M111 $11,430 $12,001 $12,602 $13,232 $13,893 Sr Employee Benefits Analyst M109 $9,436 $9,907 $10,403 $10,923 $11,469 Stationary Engineer Supervisor M208 $8,588 $9,017 $9,468 $9,941 $10,438 Streets Supervisor M209 $9,436 $9,907 $10,403 $10,923 $11,469 Systems Administrator M109 $9,436 $9,907 $10,403 $10,923 $11,469 Telecommunications Coordinator 64 $9,076 $9,514 $9,988 $10,488 $11,010 Web Coordinator 068E $9,577 $10,055 $10,557 $11,086 $11,640 Workforce Coordinator M107 $7,825 $8,216 $8,627 $9,058 $9,511 Workforce Program Manager M109 $9,436 $9,907 $10,403 $10,923 $11,469 Workforce Program Specialist M106 $7,138 $7,494 $7,869 $8,263 $8,676 483
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ATTACHMENT B
Special Provisions for Communications Shift Supervisors Sick Leave
Sick leave shall be used in no less than four hour periods. Time off for four hours or less will not be charged to employee’s sick leave.

Communications Shift Supervisors as hourly employees will charge their sick leave on their time sheets as each hour or portion of an hour is used.

Vacation Leave
Vacation leave shall be used in no less than four hour periods. Time off for four hours or less will not be charged to employees’ vacation balance.

Communications Shift Supervisors as hourly employees will charge their vacation leave on their time sheets as each hour or portion of an hour is used.

Communications Shift Supervisors will bid for vacation assignments based on seniority as follows. At the beginning of each calendar year, Communications Shift Supervisors will submit written vacation requests for the entire year to the Communications Supervisor. Assignments will be based on seniority within the class of Communications Shift Supervisor and its predecessor class, Senior Communications Dispatcher.

Administrative Leave
Due to their hourly status and eligibility for overtime, Communications Shift Supervisors are not eligible for Administrative leave.

Holidays
When a holiday falls on Sunday, the Monday following shall be considered as a holiday. When a holiday falls on Saturday, the Friday preceding shall be considered as a holiday. When such holiday falls on a regular day off, the employee shall be entitled to an additional day off.

In the case of Communications Shift Supervisors if staffing does not permit an alternate day off, the employee shall receive an additional day of pay.

Communications Shift Supervisors who work more than one shift on a holiday shall only receive credit for one holiday, but shall receive time and one half for all hours worked. For purposes of determining whether hours worked are on a holiday, a holiday is the 24 hour period of the day listed in 484
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this agreement, starting at 0000 hours and ending at 2400 hours.

Shift Differential
An employee who is regularly assigned to work five (5) or more hours between the hour of 4:00 p.m. and 12:00 midnight (swing shift) shall receive an additional five percent (5%) above their individual salary rate. An employee who is regularly assigned to work five (5) or more hours between the hours of 12:00 midnight and 8:00 a.m. (graveyard shift) shall receive an additional seven and one-half percent (7-1/2%) above their individual salary rate.

Employees working relief shifts (defined as shifts where an employee is required to change from days, swing, and graveyard on a regular basis, but not when such changes occur less frequently than once each six months) shall receive in addition to their regular compensation 7-1/2% when working graveyard, 5% when working swing, or 2-1/2% when working days.

Payment of these differentials shall be for swing or graveyard shifts actually worked except that an employee regularly assigned to a swing, graveyard or relief shift shall continue to receive the pay differential during approved leave of absence.

Shifts will generally be assigned and bid for by seniority.

Overtime
Rate of Compensation for Overtime Worked. As hourly employees, Communication Shift Supervisors who are required to work, during any one calendar week, in excess of either their normally scheduled work day or work week shall be compensated either by cash at the rate of one and one-half (1 1/2) times the amount of time worked as overtime, or by compensatory time off at the rate of one and one-half (1 1/2) times the amount of time worked as overtime, except where federal legislation regarding overtime compensation may preclude the exercise of this option.

Factors Which Govern Compensation for Overtime Worked. Each employee who has earned overtime compensation shall have the right to request either cash payment or compensatory time off. Employees will be allowed to accumulate up to eighty (80) hours of compensatory overtime.

All accumulated overtime shall be taken upon the approval of the Department Head.

Effect of Termination on Overtime. Each employee who resigns or is 485
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otherwise terminated shall be entitled to compensation for their accumulated overtime of record.

All overtime work shall be subject to prior approval of the City Manager or their designee.

Call Back Time
An employee called back to work shall be credited with a minimum amount of three hour's time at the overtime rate. "Call back" generally shall be based upon either a proper request by an authorized person (an authorized person may include: a communications dispatcher, supervisor, or the senior staff person on duty at the Waste Water Treatment Plant) to an employee prior to the time that employee normally would leave home for reporting to duty on that work day, or a proper request to an employee after that employee has completed the normally assigned duty hours of that work day and has left their job with the anticipation of being off duty until the next work day. Time which is worked as overtime within the provisions of this section and which exceeds the three hours shall be compensated under the general overtime provisions. Call back time shall not be credited to any employee for time worked during the normal workday for that employee.

The Police Department may assign duties to employees called back for an entire three hour period.

Certain Exceptions and Exclusions
Each employee who works under a seasonal, limited term, part-time or intermittent appointment shall be excluded from these provisions until the total hours actually worked by such employee in a calendar week exceeds the full work week as herein defined.
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ATTACHMENT C

SUMMARY OF CATASTROPHIC LEAVE POLICY, IMPLEMENTED BY
RESOLUTION NO. 159-92

1. In order to be eligible, an employee must be suffering from a severe illness or injury expected to incapacitate the employee for an extended period of time, or a similar illness or injury to spouse, dependent minor child, or parent. Employee has to have one year paid status and have exhausted all sick leave*, vacation, and compensatory leave. Cannot be used in conjunction with Workers’ Compensation or Long Term Disability benefits.

2. Employee’s Department Head must recommend leave to City Manager for their approval. Initial approval is for 327 hours, additional hours may be approved.

3. Other employees may donate in hourly increments from their vacation balances. In order to donate, the employee must be able to maintain at least a 37.5 hour vacation balance for him/herself.

4. Once approved, the employee’s Department Head, or designee, should circulate a memo to interested parties letting them know of the need for catastrophic leave. The back side of the memo should include the form an employee donor can fill out and submit to Finance.
* impossible to exhaust all sick leave on family member, as MOUs and ordinances limit the number of hours that can be used.
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ATTACHMENT D
Health and Welfare Benefits for Registered Domestic Partners The City agrees to provide medical, dental and vision plan insurance coverage to domestic partners of City employees as defined by Cal. Family Law Code Sec. 297, and who are registered accordingly with the Secretary of State.

Per letter exchange between City
(September 23, 2005) and Union
(September 28, 2005)
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ATTACHMENT E

CITYWIDE SERVICE QUALITY COMMITTEE
The parties recognize that the primary goal of the City and its employees is to provide quality and efficient public service to Richmond residents, businesses, and visitors.

Therefore, Local 21 and the City shall form a committee to work together in good faith to assess, monitor and improve service delivery for the residents of the City of Richmond.

The committee will include representatives of Local 21 and SEIU, and shall be broadly representative of the various City departments, and shall be chaired by the City Manager or designee. The committee shall meet regularly, at least once per quarter, to assess how well City services are delivered and to:
◊ review appropriate work and performance standards
◊ recommend revisions to such standards
◊ monitor productivity of work units, and
◊ recommend steps for improvement in productivity and service delivery The committee shall operate by consensus. A maximum of five representatives of Local 21 (two standing members and three subject matter experts) and five representatives of SEIU shall participate in the committee.

The committee shall issue a report on a semi-annual basis.

The City retains its prerogative to maintain and modify performance standards and individual performance.
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ATTACHMENT F
Side Letter Regarding Special Provisions for Systems Administrator, Network and Systems Specialist I/II and Public Safety Technology Supervisor (Assigned to the Police Department)
The following provisions apply solely to employees in the classifications listed below whom are regularly assigned to the Police Department:

The City and Local 21 have agreed that the following special provisions, consecutively numbered 1 8, will apply to the classifications of Systems Administrator, Network and Systems Specialist II, Network Systems Manager and Public Safety Technology Supervisor.

Special Provisions applicable to the classifications of Systems Administrator, Network and Systems Specialist I/II and Public Safety Technology Supervisor:

Sick Leave

1. As hourly employees, employees in these classifications will charge their sick leave on their time sheets as each hour or portion of an hour is used.

Vacation Leave

2. As hourly employees, employees in these classifications will charge their vacation leave on their time sheets as each hour or portion or an hour is used.

Administrative Leave

3. Due to their hourly status and eligibility for overtime, employees in these classifications will not be eligible for Administrative Leave as described in paragraphs 152 and 153 of the Memorandum of Understanding.

Overtime

4. Rate of Compensation for Overtime Worked. As hourly employees, employees in these classifications who are required to work, during any one calendar week, in excess of either their normally scheduled work day or work week shall be compensated by cash at the rate of one and one-half (1 ½) times the amount of time worked as overtime.
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5. Effect of Termination on Overtime. Each employee who resigns or is otherwise terminated shall be entitled to compensation for their accumulated overtime of record.

6. All overtime work shall be subject to prior approval of the Chief of Police or their designee.

Call Back Time

7. An employee called back to work shall be credited with a minimum amount of three hours’ time at the overtime rate. “Call back” generally shall be based upon either a proper request by an authorized person to an employee prior to the time that employee normally would leave home for reporting to duty on that work day, or a proper request to an employee after that employee has completed the normally assigned duty hours of that work day and has left their job with the anticipation of being off duty until the next work day. Time which is worked as overtime within the provisions of this section and which exceeds the three hours shall be compensated under the general overtime provisions. Call back time shall not be credited to any employee for time worked during the normal workday for that employee

8. The Police Department may assign duties to employees called back for an entire three hour period.
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ATTACHMENT G
Current City Administrative Policy 315 “Family, Medical, and Pregnancy Leave” Last revised April 2, 2025
I. Purpose
To define the City of Richmond’s policy and procedure with regard to family, medical, military caregiver, and pregnancy disability leave in accordance with State and Federal laws including Family and Medical Leave Act (FMLA), California Family Rights Act (CFRA), and pregnancy disability leave provisions of the California Fair Employment and Housing Act (FEHA).

II. Definitions
CFRA: The California Family Rights Act. The California-specific law that provides certain employees with up to twelve (12) weeks of unpaid, job-protected leave per year.

Child:

1. Under the FMLA, “child” means a child under the age of 18 years of age, or 18 years of age or older who is incapable of self-care because of a mental or physical disability. An employee’s child is one for whom the employee has actual day-today responsibility for care, and includes a biological, adopted, foster or step-child.

A child is “incapable of self-care” if they require active assistance or supervision to provide daily self-care in three or more of the activities of daily living or instrumental activities of daily living, such as caring for grooming and hygiene, bathing, dressing and eating, cooking, cleaning shopping, taking public transportation, paying bills, maintaining a residence, or using telephones and directories.

2. Under the CFRA, “child” means a child, including a child who is 18 years of age or older who is capable of self-care. An employee’s child means a biological, adopted, foster, step-child, legal ward, a child of a domestic partner, or a person to whom the employee stands in loco parentis.

Covered Active Duty: (1) in the case of a member of a regular component of the Armed Forces, duty during deployment of the member with the Armed Forces to a foreign country; or (2) in the case of a member of the reserve component of the Armed Forces, duty during the deployment of members of the Armed Forces to a foreign country under a call or order to active duty under certain specified provisions.

Covered Service Member: (1) a current member of the Armed Forces, including a member of the National Guard or Reserves, who is undergoing medical treatment, recuperation, or therapy, is otherwise in outpatient status, or is otherwise on the temporary disability retired list, for a serious injury or illness; or (2) a veteran who is undergoing 492
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medical treatment, recuperation, or therapy, for a serious injury or illness and who was a member of the Armed Forces, including a member of the National Guard or Reserves, at any time during the period of five years preceding the date on which the veteran undergoes that medical treatment, recuperation, or therapy.

Designated Person: means any individual related by blood or whose association with the employee is the equivalent of a family relationship. The designated person may be identified by the employee at the time the employee requests the leave. An employer may limit an employee to one designated person per 12-month period for family care and medical leave.

Domestic Partner: is another adult with whom the employee has chosen to share their life in an intimate and committed relationship of mutual caring and with whom the employee has filed a Declaration of Domestic Partnership with the Secretary of State, and who meets the criteria specified in California Family Code section 297. A legal union formed in another state that is substantially equivalent to the California domestic partnership is also sufficient.

Family member: (1) for FMLA leave means an employee’s child, parent, and spouse; (2) for CFRA leave means an employee’s child, parent, parent-in-law, spouse, domestic partner, grandchild, grandparent, and sibling.

FMLA: The Family and Medical Leave Act. The federal law that provides certain employees with up to 12 weeks of unpaid, job-protected leave per year.

Grandchild: means a child of the employee’s child.

Grandparent: means a parent of the employee’s parent.

Health Care Provider: means any of the following:

1. A doctor of medicine or osteopathy who is authorized to practice medicine or surgery in the State of California;

2. An individual duly licensed as a physician, surgeon, or osteopathic physician or surgeon in another state or jurisdiction, including another country, which directly treats or supervises treatment of a serious health condition;

3. A podiatrist, dentist, clinical psychologist, optometrist, or chiropractor (limited to treatment consisting of manual manipulation of the spine to correct a subluxation as demonstrated by x-ray to exist) authorized to practice in California and performing within the scope of their practice as defined under California State law;
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4. A nurse practitioner or nurse-midwife or a clinical social worker who is authorized to practice under California State law and who are performing within the scope of their practice as defined under California State law;

5. A Christian Science practitioner listed with the First Church of Christ, Scientist in Boston, Massachusetts; and

6. Any health care provider from whom an employer or group health plan’s benefits manager will accept certification of the existence of a serious health condition to substantiate a claim for benefits.

Military Caregiver Leave: Leave related to a seriously injured or ill servicemember or veteran under the FMLA/CFRA.

Next of Kin of a Covered Service Member: means the nearest blood relative other than the covered service member’s spouse, parent, son, or daughter, in the following order of priority: blood relatives who have been granted legal custody of the covered service member by court decree or statutory provisions, brothers and sisters, grandparents, aunts and uncles, and first cousins, unless the covered service member has specifically designated in writing another blood relative as their nearest blood relative for purposes of military caregiver leave under the FMLA.

Outpatient Status: means, with respect to a covered service member, the status of a member of the Armed Forces assigned to either: (1) a military medical treatment facility as an outpatient; or (2) a unit established for the purpose of providing command and control of members of the Armed Forces receiving medical care as outpatients.

Parent: means the biological parent of an employee or an individual who stands or stood in loco parentis (in place of a parent) to an employee when the employee was a child. This term does not include parents-in-law.

Parent-in-law: means the parent of a spouse or domestic partner of the employee.

PDL: Pregnancy Disability Leave. California protected leave for employees disabled by pregnancy, childbirth, or a related medical condition.

Qualifying Exigency: Leave related to the deployment of a military member under FMLA/CFRA.

Serious Health Condition: means an illness, injury impairment, or physical or mental condition that involves:

1. Inpatient Care in a hospital, hospice, or residential medical care facility, including any period of incapacity (e.g., inability to work or perform other regular daily activities due to the serious health condition, treatment involved, or recovery therefrom). A person is considered “inpatient” when a health care 494
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facility admits them to the facility with the expectation that they will remain at least overnight, even if it later develops that such person can be discharged or transferred to another facility, and does not actually remain overnight; or

2. Continuing treatment by a health care provider: A serious health condition involving continuing treatment by a health care provider includes any one or more of the following:
a. A period of incapacity (i.e., inability to work, or perform other regular daily activities) due to serious health condition of more than three consecutive calendar days; and
b. Any subsequent treatment or period of incapacity relating to the same condition, that also involves:
i. Treatment two or more times by a health care provider, by a nurse or physician’s assistant under direct supervision by a health care provider, or by a provider of health care services (e.g., a physical therapist) under orders of, or on referral by a health care provider; or
ii. Treatment by a health care provider on at least one occasion which results in a regimen of continuing treatment under the supervision of the health care provider. This includes, for example, a course of prescription medication or therapy requiring special equipment to resolve or alleviate the health condition. If the medication is over the counter, and can be initiated without a visit to a health care provider, it does not constitute a regimen of continuing treatment.

3. Any period of incapacity due to pregnancy or for prenatal care. Note that pregnancy is a “serious health condition” only under the FMLA. Under California law, an employee disabled by pregnancy is entitled to pregnancy leave.

4. Any period of incapacity or treatment for such incapacity due to a chronic serious health condition. A chronic serious health condition is one which:
a. Requires periodic visits for treatment by a health care provider, or by a nurse or physician’s assistant under direct supervision of a health care provider; b. Continues over an extended period of time (including recurring episodes of a single underlying condition); and
c. May cause episodic rather than a continuing period of incapacity (e.g., asthma, diabetes, epilepsy, etc.). Absences for such incapacity qualify for leave even if the absence lasts only one day.
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5. A period of incapacity that is permanent or long-term due to a condition for which treatment may not be effective. The employee or family member must be under the continuing supervision of, but need not be receiving active treatment by health care provider.

6. Any period of absence to receive multiple treatments (including any period of recovery therefrom) by a health care provider or by a provider of health care services under orders of, or on referral by, a health care provider, either for restorative surgery after an accident or other injury, or for a condition that would likely result in a period of incapacity of more than three consecutive calendar days in the absence of medical intervention or treatment.

Serious Injury or Illness: (1) in the case of a member of the Armed forces, including a member of the National Guard or reserves, means an injury or illness that a covered service member incurred in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by the service in the line of duty on active duty in the Armed Forces) and that may render the service member medically unfit to perform the duties of the member’s office, grade, rank, or rating; or (2) in the case of a veteran who was a member of the Armed Forces, including a member of the National Guard or Reserves, means an injury or illness that was incurred by the member in the line of duty on active duty in the Armed Forces (or existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces) and that manifested itself before or after the member became a veteran.

Sibling: means a person related to the employee by blood, adoption, or affinity through a common legal or biological parent.

Spouse: means one or two persons to a marriage, regardless of the sex of the persons, and for purposes of CFRA leave, includes a registered domestic partner as defined.

Single Rolling 12-Month Period: means a rolling 12-month period measured backward from the date leave is taken and continuous with each additional leave day taken. Also known as the rolling backward method, each time an employee takes FMLA leave, the remaining leave entitlement is any balance of the 12 weeks which has not been used during the previous 12-Month Period.

III. Policy
The City provides family and medical care leave (including military caregiver and pregnancy disability leave) for eligible employees as required by federal and state law.

Employees who misuse or abuse these leaves may be disciplined, up to and including termination. Employees who fraudulently obtain or use CFRA/FMLA/PDL are not protected by those laws’ job restoration or maintenance of health benefits provisions. 496
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IV. Eligibility and Entitlement
A. Family and Medical Leave
Eligible employees are entitled to an unpaid FMLA/CFRA leave of absence of up to twelve (12) work weeks in a single rolling 12-month period, for one (1) or more of the following reasons:

1. Leave because of a serious health condition that makes the employee unable to perform any one or more essential functions of their position;

2. The birth of the employee’s child or to care for the employee’s newborn;

3. The placement of a child with an employee in connection with the adoption or foster care of a child. Foster care must be by a formal agreement between the foster parent and the State, County, or licensed foster care placement agency;

4. Leave to care for a child, parent, or spouse who has a serious health condition; a. CFRA expands this leave to permit to care for a domestic partner, grandparent, grandchild, parent-in-law, sibling, or any Designated Person, who has a serious health condition. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA;

5. Leave for a variety of “qualifying exigencies” arising out of the fact that an employee’s spouse, son, daughter, or parent is on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation; a. CFRA expands this leave to employee’s domestic partner who is on active duty or call to active-duty status in the National Guard or Reserves in support of a contingency operation. Leave for this purpose does not apply to FMLA leave and will not run concurrently with leave under the FMLA.

An employee is eligible for FMLA/CFRA leave if the employee has been employed by the City for at least twelve (12) months; and the employee has been employed by the City for at least 1,250 hours during the 12-month period immediately preceding the commencement of the leave.

B. Military Caregiver Leave
Military caregiver leave is covered by FMLA. Eligible employees who are the spouse, son, daughter, parent, or “next of kin” of a covered service member of the U.S. Armed Forces shall be entitled to a combined total of twenty-six (26) weeks of unpaid leave to care for the servicemember who has a serious injury or illness: incurred in the line of duty while on active military duty; or that existed before the beginning of the member’s active duty and was aggravated by service in the line of duty on active duty in the Armed Forces.

This leave can run up to twenty-six (26) weeks of unpaid leave during a single 12-month period. If FMLA leave qualifies as both military caregiver leave and care for a family 497
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member with a serious health condition, the leave will be designated as military caregiver leave first.

The first twelve (12) weeks may run concurrently with CFRA if the family member is covered under both CFRA and FMLA.

C. Pregnancy Disability Leave
All employees, regardless of the length of service, are entitled to take an unpaid Pregnancy Disability Leave (PDL) of up to four (4) months during the period of time that their health care provider determines they are actually disabled by pregnancy, childbirth or a related medical condition. PDL may be taken before and after birth during any period of time the employee is physically unable to work because of the pregnancy or pregnancy-related condition. This includes time off needed for prenatal or postnatal care, severe morning sickness, doctor-ordered bed rest, gestational diabetes, pregnancy-induced hypertension, preeclampsia, childbirth, recovery from childbirth, loss or end of pregnancy, or any other related medical condition.

PDL may be used up to the number of hours the employee would normally work within four calendar months (one-third of a year or 17 1/3 weeks). For a full-time employee who works 37.5 hours per week, “four months” means 650 hours of leave entitlement, based on 37.5 hour per week times 17 1/3 weeks. An employee who works less than full-time will receive a pro rata or proportional amount of leave.

PDL may be taken consecutively or intermittently. All leave taken in connection with a specific pregnancy counts toward computing the four-month period. PDL may be modified as an employee’s changing medical condition dictates. [An employee affected by pregnancy, childbirth, or related medical condition may request a reasonable accommodation (for example, an adjustment or change to the work environment). Refer to AP 316 for information on reasonable accommodations.] D. Child Bonding
While PDL provides protected leave to eligible employees disabled by pregnancy, the CFRA separately provides protected leave to eligible employees to bond with a new child. CFRA provides eligible employees up to twelve (12) weeks within one (1) year of the child’s birth, adoption, or start of foster care for child bonding. Both parents are entitled to bonding leave.

If both married parents of a child, adoptee, or foster child are employed by the City and are entitled to bonding leave:

1. The aggregate number of workweeks of FMLA leave to which both may be entitled may be limited to twelve (12) workweeks during any 12-month period; and

2. Each married parent is entitled to take twelve (12) workweeks of CFRA leave during any 12-month period.
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As outlined in the applicable Memorandum of Understanding, all full-time employees granted a leave of absence as described above, shall receive four (4) weeks of paid parental leave.

Intermittent Leave or Reduced Leave Schedule
If an employee requests to use leave intermittently (a few days or hours at a time) or on a reduced leave schedule for their own serious health condition or to care for an immediate family member with serious health condition, the employee must provide medical certification that such leave is medically necessary. “Medically necessary” means there must be a medical need for the leave and that the leave can best be accomplished through an intermittent or reduced leave schedule. The City may require an employee who certifies the need for a reduced schedule or intermittent leave to temporarily transfer to an alternate position of equivalent pay and benefits that better accommodates the leave schedule.

V. Minimum Duration of Leave
A. Birth, Adoption, Foster care Placement of Child: If leave is requested for the birth, adoption or foster care placement of a child of the employee, leave must be concluded within one (1) year of the birth or placement of the child. In addition, the basic minimum duration of such leave is two (2) weeks. However, an employee is entitled to leave for one of these purposes (e.g., bonding with a newborn) for less than two (2) weeks duration on any two (2) occasions.

B. Serious Health Condition: If leave is requested to care for a child, parent, parent-inlaw, spouse, domestic partner, grandparent, grandchild, sibling or the employee themselves with serious health condition, there is no minimum amount of leave that must be taken. However, compliance with the notice and medical certification provisions in this policy is required.

VI. Compensation and Use of Concurrent Paid and Other Leaves Leave under FMLA, CFRA, and PDL are unpaid. In addition to any paid leaves provided under an applicable Memorandum of Understanding, employees must use all paid accrued leaves concurrently with family and medical care leaves as described below.

A. Use of Accrued Paid Leave
To remain in paid status, an employee who has been granted leave under this policy must concurrently use and exhaust all available and accrued paid leave in the following order:
• Employee’s own serious health condition: First sick leave, then vacation leave, then any and all other accrued paid time off.
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• Serious health condition of a family member: Employee may elect to use sick leave.

If an employee does not elect to use sick leave, the employee must use vacation leave, followed by any and all other accrued paid time off other than sick leave. • Birth of a child, to care for the newborn child, and/or for placement with the employee of a son or daughter for adoption or foster care: First vacation leave, then any and all other accrued paid time off other than sick leave. Thereafter, the employee may elect to use sick leave.
• Qualifying Exigency: Vacation leave, then any and all other accrued paid time off other than sick leave.
• Caring for a covered service member: Employee may elect to use sick leave. If employee does not elect to use sick leave, the employee must use vacation leave, followed by any and all other accrued paid time off other than sick leave. • Pregnancy Disability: First sick leave must be used and exhausted. Thereafter, the employee may elect to use vacation leave or any other accrued paid time off.

Exception: Employees are not required to use accrued paid time off during leave pursuant to a disability plan that pays a portion of the employee’s salary while on leave unless the employee agrees to use paid leave to cover the unpaid portion of the disability leave benefit.

Any leave used under this policy, where paid leave is also concurrently used, shall count toward the cap on leave entitlements.

If an employee requests to utilize accrued vacation leave or accrued paid time off without reference to a FMLA/CFRA/PDL qualifying purpose, the City may not ask the employee if the leave is for a qualifying purpose. However, if the City denies the employee’s request and the employee provides information that the requested time off is for a FMLA/CFRA/PDL qualifying purpose, the City may require the employee to exhaust accrued leave as described above.

B. Paid vs. Unpaid Leave
An employee on paid leave will continue to accrue sick leave and vacation leave at their normal rate. An employee on unpaid leave will not accrue leave.

C. Concurrent Leaves
Unless otherwise provided by law, if an employee takes a leave of absence for any purpose which also qualifies under the FMLA and CFRA, the City will designate that leave as running concurrently with the employee’s 12-week FMLA and/or CFRA leave entitlement. The only exception is for peace officers and firefighters who are on paid industrial injury leave.
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Military: FMLA leave taken due to a qualifying exigency will not run concurrently with leave under the CFRA. However, military caregiver leave taken to care for a family member or next of kin who is a covered service member will run concurrently with leave under the CFRA, unless the covered service member is a next of kin that is not considered a family member under the CFRA.

Pregnancy: FMLA will run concurrently with PDL. CFRA will not run concurrently with PDL.

Temporary Disability: A leave of absence taken pursuant to Workers' Compensation Law or a temporary disability benefit plan (State Disability Insurance or other) shall also be counted, to the extent that such leave of absence qualifies, as family and medical leave or pregnancy disability leave under this policy and related law. FMLA leave does not run concurrent with leave taken for peace officers and firefighters under Labor Code Section 4850.

VII. Benefits While on Leave
Whether the employee uses accruals to remain in paid status or is on unpaid leave pursuant to the leaves in this policy, the City will continue to provide any group health insurance coverage that was provided to the employee before the leave, under the same terms and conditions as if the employee continued actively working during the period for up to twelve (12) weeks for FMLA/CFRA leave (up to 26 weeks for military caregiver leave).

If the employee is disabled by pregnancy, coverage will continue up to four (4) months each leave year. If an employee disabled by pregnancy also uses leave under the CFRA for baby-bonding, the City will maintain their coverage while they are disabled by pregnancy (up to four months or 17 1/3 weeks) and during her CFRA leave (up to 12 weeks). For a full-time employee who works 37.5 hours per week, “four months” means 650 hours of leave entitlement, based on 37.5 hour per week times 17 1/3 weeks. An employee who works less than full-time will receive a pro rata or proportional amount of leave.

The employee will continue to be responsible for the employee share of medical coverage, if applicable. Failure to do so may result in loss of coverage. The City will cease to maintain the employee’s health coverage if an employee’s premium payment is more than thirty (30) days late. The City will notify the employee fifteen (15) days before coverage will cease. The employee is responsible for all health care coverage costs for absences or time away from work exceeding the leave entitlements of this policy.

While on unpaid leave pursuant to this policy, employees will continue to be covered by the City’s benefits plans that are not part of its group health plan (e.g., life, short-term, or long-term disability insurance, retirement and pension plans) for up to twelve (12) weeks each leave year to the same extent that coverage is provided while the employee is on the 501
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job.

If the employee fails to return to work after their leave entitlement has been exhausted or expires, the City will have the right to recover its share of health plan premiums for the entire leave period, unless the employee does not return because of the continuation, reoccurrence, or onset of a serious health condition of the employee or their family member which would entitle the employee to leave, or because of circumstances beyond the employee’s control.

Seniority: An employee retains employee status during any leave, herein, and is not a break in service for purposes of longevity or seniority under any collective bargaining agreement or employe benefit plan. An employee’s hire date and service date will not be adjusted as a result of leave authorized pursuant to this policy. The review date for performance and step/merit increases shall be subject to adjustment based on the applicable Memorandum of Understanding.

Union Dues: The employee is responsible for maintaining dues to the applicable employee association, if required.

VIII. Procedure for Requesting/Granting Leave
A. Notification
An employee is responsible to request family, medical, or pregnancy disability leave.

Although the City recognizes that emergencies arise which may require employees to request immediate leave, employees are required to give as much verbal or written notice as possible of their need for leave. If leave is foreseeable, at least thirty (30) days’ notice is required. In addition, if an employee knows that they will need leave in the future but does not know the exact day(s) (e.g., for the birth of a child or to take care of a newborn), the employee shall inform their supervisor as soon as possible that such leave will be needed. For foreseeable leave due to a qualifying exigency, an employee must provide verbal or written notice of the need for leave as soon as practicable, regardless of how far in advance such leave is foreseeable.

If thirty (30) days’ advance notice is not possible due to a change in circumstances or a medical emergency, notice must be given as soon as practicable.

B. Application and Certification
An employee requesting leave must complete a Request for Leave Application and return it to Human Resources at least thirty (30) days before the leave begins, when possible. In the case of an unforeseen event or incapacitation, notification must be made by the employee or the employee's authorized representative to Human Resources as soon as the need arises and no later than two (2) business days after leave has commenced. 502
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The Human Resources Department will send an eligibility notice to the employee within five (5) working days of receipt of the employee's request for family, medical, or pregnancy disability leave or within (5) working days of acquiring knowledge of the need for such leave. Once the eligibility notice is received. the employee must submit proper medical certification to the Human Resources Department before the leave begins in the case of a foreseeable event. In the case of an unforeseeable event, proper medical certification as described below must be submitted to Human Resources within fifteen (15) calendar days of receipt of eligibility notice. Failure of the employee to provide timely or incomplete medical certification may defer or even disqualify requests for FMLA leave.

Birth of a Child or Placement with Employee for Adoption or Foster Care: An application for leave for the birth, adoption, or foster care placement of a child must be accompanied by a birth certificate or other appropriate documentation.

Employee’s Own Serious Health Condition: An application for leave based on an employee’s own serious health condition must be accompanied by a Medical Certification Form completed by the applicable health care provider containing all of the following:

1. The date, if known, when the serious health condition commenced;

2. The probable duration of the condition; and

3. A statement that the employee is unable to work at all or is unable to perform any one or more of the essential functions of their position due to the condition.

Upon expiration of the time period the health care provider originally estimated that he employee needed for their own serious health condition, the employee must obtain recertification if additional leave is request.

Family Member Serious Health Condition: An application for leave based on the need to care for a family member (as defined) who has a serious health condition must be accompanied by a written certification from the health care provider of the family member requiring care that contains all of the following:

1. The date, if known, when the serious health condition commenced;

2. The probable duration of the condition;

3. An estimated amount of time that the health care provider believes the employee needs to care for the family member; and

4. A statement that the serious health condition warrants the participation of the employee to provide care during a period of treatment or supervision of the family member.1
1 The term “warrants the participation of the employee” includes, but is not limited to, providing psychological comfort and arranging third-party care for the covered family member, as well as directly providing or participating in the medical care.
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Upon expiration of the period the health care provider originally estimated that the employee needed to care for a covered family member, the employer must obtain recertification if additional leave is requested.

Service Member Serious Injury or Illness: An application for FMLA leave to care for a covered service member who is a child, spouse, parent, or “next of kin” of the employee must be accompanied by written certification from a health care provider regarding the injured service member’s serious injury or illness. The City will verify the certification as permitted by the FMLA regulations.

Qualifying Exigency: The first time an employee requests leave because of a qualifying exigency, the employee must provide their immediate supervisor with military orders, or other appropriate documentation issued by the military that indicates that the military member is on covered active duty or call to active-duty status in a foreign country, and the dates of the military member’s active-duty status. A copy of the new active-duty orders or similar documentation will be provided to the City if the need for leave because of a qualifying exigency arises out of a different active duty or call to active-duty status of the same or a different military member. The City will verify the certification as permitted by the FMLA and CFRA regulations.

Pregnancy Disability: An application for leave due to pregnancy disability must be accompanied by written certification from the attending physician stating:

1. The employee is disabled from working by pregnancy, childbirth, or a related medical condition;

2. The date when the employee became disable by pregnancy, childbirth, or related medical condition; and

3. The estimated duration or end date of the leave.

All medical information provided by the employee shall be maintained in a confidential manner by Human Resources and disclosed only to the extent necessary to process the request for leave and in conformance with law.

An employee must sufficiently explain the purpose of the leave so that Human Resources can determine whether it qualifies as family or medical leave or pregnancy disability leave. This explanation is necessary even if accrued paid leave (e.g. vacation or sick leave) shall be used concurrently with the otherwise unpaid leave under this policy. If necessary, any leave already taken may be retroactively designated as family and medical leave, pregnancy disability leave, or military caregiver leave. Human Resources shall process the leave request in consultation with the employee's supervisor and, if necessary, with the Department Head. Employees who take intermittent leave should make a reasonable effort to schedule such treatment to minimize disruption to the workplace.

IX. Director of Human Resources’ Review of an Employee’s Medical Certification for Employee’s Own Serious Health Condition
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An employee must provide a medical certification for their own serious health condition that is complete and sufficient to support the request for leave. A certification is incomplete if one or more of the applicable entries on the certification form have not been completed. A certification is insufficient if the information on the certification form is vague, ambiguous, or nonresponsive. If the certification is incomplete or insufficient, the Director of Human Resources or designee will give the employee written notice of the deficiencies and seven (7) days to cure, unless a longer period is necessary considering the employee’s diligent, good faith efforts to address the deficiencies.

After giving the employee an opportunity to cure any deficiencies, the Director of Human Resources or designee may contact the health care provider who provided the certification to clarify or authenticate the certification. “Authentication” means providing the health care provider with a copy of the certification form and requesting verification that the information on the form was completed or authorized by the provider who signed the form. “Clarification” means contacting the provider to understand the handwriting on the certification or to understand the meaning of the response. The Director of Human Resources or designee may not ask for additional information beyond that which is required on the certification form.

If the City has a good faith, objective reason to doubt the validity of a certification for the employee’s serious health condition, the City may require a medical opinion of a second health care provider chosen and paid for by the City. If the second opinion is different from the first, the City may require the opinion of a third provider jointly approved by the City and the employee but paid for by the City. The opinion of the third provider will be binding. The City must provide the employee with a copy of the second and third medical opinions, where applicable, without cost, upon the request of the employee.

X. Return to Work and Reinstatement
A. Periodic Reporting: Employees may be required to periodically report on their status and intent to return to work. This will avoid any delays to reinstatement when the employee is ready to return.

B. Release: Upon completion of leave due to the employee’s own serious health condition or because of pregnancy disability, the employee must provide the City with a written notice from the health care provider releasing the employee to return to work. Failure to provide such certification will result in denial of reinstatement.

C. Return to Work: An employee on leave is expected to return to work on the next workday following the last day of the approved leave period.

D. Date of Reinstatement: If a definite date of reinstatement has been agreed upon at the beginning of the leave, the employee will be reinstated on the date they return to work. If the return-to-work date differs from the original agreement, or if no agreement was made, the City must reinstate the employee within two (2) business 505
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days of being given notice that the employee intends to return, or as soon as reasonably possible thereafter to expedite the employee’s return to work.

E. Reinstatement to Same or Equivalent Position: Upon return, the employee will be reinstated to their original position, so long as it was not eliminated for a legitimate business reason during the employee’s leave. If the employee’s original position is no longer available, the employee will be assigned to an equivalent, open position with equivalent benefits and pay. Employees have no greater rights to reinstatement, benefits, and other conditions of employment than if the employee had been continuously employed during the FMLA/CFRA/PDL period.

F. Reinstatement of “Key Employees”: Under the FMLA only, the City may deny reinstatement to a “key” employee (e., an employee who is among the highest paid 10 percent of all employed by the City within 75 miles of the worksite) if such denial is necessary to prevent substantial and grievous economic injury to the operations of the City, and the employee is notified of the City’s intent to deny reinstatement on such basis at the time the employer determines that such injury would occur. Under the CFRA, the City may not deny reinstatement to a “key” employee during or upon the expiration of CFRA leave.

G. Disability: If upon return from leave an employee is unable to perform the essential functions of their job because of a physical or mental disability, the City will initiate an interactive process with the employee in order to identify a potential reasonable accommodation that will allow the employee to perform the essential functions of their job, in accordance with policy.

XI. Additional Leave
Employees who desire leave over and beyond family, medical, military caregiver, and pregnancy disability leave as defined in this policy may request leave of absence with pay using accrued leave, or leave of absence without pay, in accordance with the applicable Memorandum of Understanding.
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INDEX
Acting Pay ......................................................................................................................................................................8 Active employees benefit account ..............................................................................................................................13 Administrative Leave ...................................................................................................................................................29 Advancements...............................................................................................................................................................9 Allowances...................................................................................................................................................................18 Anniversary Date-Effect of LOA Without Pay ..............................................................................................................10 Attendance ..................................................................................................................................................................32 Bereavement Leave .....................................................................................................................................................20 Bilingual .........................................................................................................................................................................7 Binding Arbitration ......................................................................................................................................................41 Bulletin Boards...............................................................................................................................................................4 Cafeteria Option ..........................................................................................................................................................15 Certifications................................................................................................................................................................18 Construction and Maintenance Supervisor...................................................................................................................7 Contracting Out Bargaining Unit Work-Notice ..............................................................................................................4 Conversion of Sick Leave to Pension Credits...............................................................................................................23 Court Appearances......................................................................................................................................................29 Custodial Supervisor......................................................................................................................................................7 Definition of Class..........................................................................................................................................................9 Demotion.....................................................................................................................................................................10 Dental Plan ..................................................................................................................................................................16 Departmental Working Hours .....................................................................................................................................31 Direct Pay for Services...................................................................................................................................................6 Disability Insurance......................................................................................................................................................16 Discrimination Prohibited..............................................................................................................................................5 Dues Deductions............................................................................................................................................................5 Employee Assistance Program.....................................................................................................................................17 Family and Medical Care Leave ...................................................................................................................................24 First Line Management Employees Differential ............................................................................................................6 Flexible Benefits Plan...................................................................................................................................................16 Floating Holidays .........................................................................................................................................................30 Full Understanding ......................................................................................................................................................43 General Provisions.........................................................................................................................................................1 Grievance and Appeals................................................................................................................................................40 Grievance-Definition....................................................................................................................................................40 Grievance-Time Limits.................................................................................................................................................40 Holidays.......................................................................................................................................................................29 Immediate Family Definition .......................................................................................................................................21 Indemnification..............................................................................................................................................................6 Indirect Pay and Allowances........................................................................................................................................11 507
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Injury Leave Payments.................................................................................................................................................27 Insurance .....................................................................................................................................................................12 Jury Duty......................................................................................................................................................................24 Layoff...........................................................................................................................................................................33 Leaves.........................................................................................................................................................................19 Leaves of Absence Without Pay ..................................................................................................................................19 Leaves of Absences with Pay .......................................................................................................................................20 Length of Work Week..................................................................................................................................................32 Library Employees .........................................................................................................................................................7 Life Insurance...............................................................................................................................................................16 Maintenance of Membership........................................................................................................................................6 Management Rights ......................................................................................................................................................1 Meal Allowance ...........................................................................................................................................................18 Meal Periods................................................................................................................................................................31 Medical Plans...............................................................................................................................................................12 Military Leave ..............................................................................................................................................................24 Miscellaneous Provisions.............................................................................................................................................43 Negotiating Team ..........................................................................................................................................................4 Nepotism .....................................................................................................................................................................39 No Strike ......................................................................................................................................................................43 Parental Leave .............................................................................................................................................................23 Part-Time Provisions....................................................................................................................................................30 Payment for Unused Sick Leave...................................................................................................................................22 Personnel Files.............................................................................................................................................................39 Personnel Provisions....................................................................................................................................................33 Probationary Performance Reports.............................................................................................................................37 Probationary Period.....................................................................................................................................................36 Probationary Period-Effects of LOA.............................................................................................................................37 Probationary Period-Length ........................................................................................................................................36 Probationary Period-Purpose ......................................................................................................................................36 Professional Development Package ............................................................................................................................18 Promotion-Effect on Rate of Compensation ...............................................................................................................10 Reassignment ..............................................................................................................................................................38 Recognition....................................................................................................................................................................1 Rejection During Probationary Period.........................................................................................................................37 Representation Rights .................................................................................................................................................45 Resignation ..................................................................................................................................................................37 Rest Periods.................................................................................................................................................................31 Retired Employees.......................................................................................................................................................13 Retirement System ......................................................................................................................................................11 Retroactivity ................................................................................................................................................................43 Safety Shoes ................................................................................................................................................................19 Salaries...........................................................................................................................................................................6 Salary Advancement......................................................................................................................................................9 508
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Salary Designations........................................................................................................................................................9 Seniority Defined .........................................................................................................................................................33 Separability of Provisions ............................................................................................................................................45 Service Year .................................................................................................................................................................10 Severance Pay..............................................................................................................................................................35 Sick Leave.....................................................................................................................................................................21 Sick Leave Accrual Rate ...............................................................................................................................................21 Stewards........................................................................................................................................................................3 Stewards Release Time..................................................................................................................................................3 Term of Agreement .....................................................................................................................................................47 Transfer........................................................................................................................................................................38 Union Dues ....................................................................................................................................................................5 Union Rights ..................................................................................................................................................................1 Vacation Leave.............................................................................................................................................................25 Vacation Leave Accrual Rate........................................................................................................................................25 Vacation Sell-Back........................................................................................................................................................27 Vision Plan ...................................................................................................................................................................16 Weingarten Rights.......................................................................................................................................................44 Working Conditions.....................................................................................................................................................31 509