Agenda packet — City Council and Authorities Concurrent, December 5, 2023 (part 4 of 6)

“Provide a safe and reliable transportation network that serves all people and respects the environment” Travel Demand Analysis
With the enactment of Senate Bill (SB) 743, Caltrans is focused on maximizing efficient development patterns, innovative travel demand reduction strategies, and multimodal improvements. For more information on how Caltrans assesses Transportation Impact Studies, please review Caltrans’ Transportation Impact Study Guide (link).

The project VMT analysis and significance determination are undertaken in a manner consistent with the city’s adopted VMT policy. Per the IS/MND, this project is found to have a less than significant VMT impact, therefore working towards meeting the State’s VMT reduction goals.

Hydrology
If the project involves drainage work that flows into the State Drainage System, please provide a drainage design memo. The memo should show how the proposed drainage system flows on the plans. Drainage design memo should include pre- and post-project flows to the existing drainage system. Drainage Plan and Profile Sheets should include lengths, size, and types of new and existing pipes, inlets, outlets, and systems showing any utility conflicts. Include drainage details and profiles for connection to the existing drainage system. Assumptions and calculations used in designing the drainage system should be shown as well.

Multimodal Transportation Planning
Please review and include the reference to the Caltrans District 4 Pedestrian Plan (2021) and the Caltrans District 4 Bike Plan (2018) in the IS/MND. These two plans studied existing conditions for walking and biking along and across the State Transportation Network (STN) in the nine-county Bay Area and developed a list of location-based and prioritized needs.

Please note that any Complete Streets reference should be updated to reflect Caltrans Director’s Policy 37 (link) that highlights the importance of addressing the needs of non-motorists and prioritizing space-efficient forms of mobility, while also facilitating goods movement in a manner with the least environmental and social impacts. This supersedes Deputy Directive 64-R1, and further builds upon its goals of focusing on the movement of people and goods.

Construction-Related Impact
Potential impacts to Caltrans’ Right-of-Way (ROW) from project-related temporary access points should be analyzed. Mitigation for significant impacts due to construction and noise should be identified. Project work that requires movement of oversized or excessive load vehicles on State roadways requires a transportation permit that is issued by Caltrans. To apply, please visit Caltrans Transportation Permits (link).

Nimisha Agrawal, Senior Planner
July 28, 2023

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“Provide a safe and reliable transportation network that serves all people and respects the environment” Prior to construction, coordination may be required with Caltrans to develop a Transportation Management Plan (TMP) to reduce construction traffic impacts to the STN.

Lead Agency
As the Lead Agency, the city of Santa Clara is responsible for all project mitigation, including any needed improvements to the STN. The project’s fair share contribution, financing, scheduling, implementation responsibilities and lead agency monitoring should be fully discussed for all proposed mitigation measures.

Equitable Access
If any Caltrans facilities are impacted by the project, those facilities must meet American Disabilities Act (ADA) Standards after project completion. As well, the project must maintain bicycle and pedestrian access during construction. These access considerations support Caltrans’ equity mission to provide a safe, sustainable, and equitable transportation network for all users.

Encroachment Permit
Please be advised that any permanent work or temporary traffic control that encroaches onto Caltrans’ ROW requires a Caltrans-issued encroachment permit, including relocation of driveways and/or any tree removal work that requires the use of Caltrans’ ROW.

As part of the encroachment permit submittal process, you may be asked by the Office of Encroachment Permits to submit a completed encroachment permit application package, digital set of plans clearly delineating Caltrans’ ROW, digital copy of signed, dated and stamped (include stamp expiration date) traffic control plans, this comment letter, your response to the comment letter, and where applicable, the following items: new or amended Maintenance Agreement (MA), approved Design Standard Decision Document (DSDD), approved encroachment exception request, and/or airspace lease agreement. Your application package may be emailed to [email protected].

To obtain information about the most current encroachment permit process and to download the permit application, please visit Caltrans Encroachment Permits (link).

Nimisha Agrawal, Senior Planner
July 28, 2023

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Thank you again for including Caltrans in the environmental review process. Should you have any questions regarding this letter, please contact Marley Mathews “Provide a safe and reliable transportation network that serves all people and respects the environment” , LDR
Coordinator/Transportation Planner, via [email protected].

For future early coordination opportunities or project referrals, please contact LDR[email protected].

Sincerely,

YUNSHENG LUO
Acting District Branch Chief
Local Development Review
c: State Clearinghouse J
July 22, 2023
City of Santa Clara, Planning Division
Nimisha Agrawal, Senior Planner
1500 Warburton Avenue
Santa Clara, CA 95050
Fax 408-247-9857
Dear Mr. Agrawal,
I am writing to you as a concerned landlord of a property adjacent to 3378-3386 El Camino Real.

I am responding to a notice sent by the city regarding project title: 3378-3385 El Camino Rea! Residential Project, File PLN22-00304 and PLN23-00024. We are the owners of 3362 and 3368 El Camino Real in Santa Clara, CA 95051, APN 290-02-103. Our property is immediately to the east of 3378-3386 El Camino Real. We would like to express our concerns and possible negative implications of the development of Twenty two 3- story town homes, as proposed. The development may have a SIGNIFICANT impact of obstruction of our billboard signage with our leasing agreement with OUTFRONT Inc. We have had a 25+ year business relationship with OUTFRONT INC and its predecessor companies. This effect may have significant negative financial consequences with our leasing agreement.

Additionally, this project may also obstruct the signage from view from the streets of our current tenants, EURO AUTO SALES. We request a thorough inquiry, investigation, and due diligence that the proposed project will not have a negative effect on visual access to the billboard sign from the street level.

Thank you for your attention.

Sincerely yours,
~ ~ /
Guey Ming Hwang and Victor Hwang- Owners of 3362 and 3368 El Camino Real, APN 290-02-103 Contact: [email protected]. Cell Phone 925-457-4884
“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 4

OFFICE OF REGIONAL AND COMMUNITY PLANNING
P.O. BOX 23660, MS–10D | OAKLAND, CA 94623-0660
www.dot.ca.gov
July 28, 2023 SCH #: 2023060805
GTS #: 04-SCL-2023-01214
GTS ID: 30307
Co/Rt/Pm: SCL/82/13.94
Nimisha Agrawal, Senior Planner
City of Santa Clara
1500 Warburton Avenue
Santa Clara, CA 95050
Re: 3378-3386 El Camino Real Residential– Initial Study/Mitigated Negative Declaration (IS/MND)
Dear Nimisha Agrawal:

Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the 3378-3386 El Camino Real Residential. We are committed to ensuring that impacts to the State’s multimodal transportation system and to our natural environment are identified and mitigated to support a safe, sustainable, integrated and efficient transportation system.

The Local Development Review (LDR) Program reviews land use projects and plans to ensure consistency with our mission and state planning priorities. The following comments are based on our review of the June 2023 IS/MND.

Project Understanding
The project proposes to demolish the existing commercial building and construct 22 three-story townhouses where each townhouse would have a two-car garage.

Additional site features include bike parking and approximately 9,887 square feet of common open space.

The project site is located directly adjacent to State Route (SR)-82, within the Priority Development Area and Transit-Rich Area identified in Metropolitan Transportation Commission (MTC)’s Plan Bay Area 2050.

CALI FORN IA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVER NOR California Department of Transportation
Nimisha Agrawal, Senior Planner
July 28, 2023

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Nimisha Agrawal, Senior Planner
July 28, 2023

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To obtain information about the most current encroachment permit process and to download the permit application, please visit Caltrans Encroachment Permits (link).

Nimisha Agrawal, Senior Planner
July 28, 2023

Page 4 ends

For future early coordination opportunities or project referrals, please contact LDR[email protected].

Sincerely,

YUNSHENG LUO
Acting District Branch Chief
Local Development Review
c: State Clearinghouse J
Responses to Initial Study/MND Comments
3378-3386 El Camino Real ResidenƟal Project
August 2023
In ConsultaƟon with
Prepared by
3378-3386 El Camino Real Residential Project i Responses to Initial Study/MND Comments City of Santa Clara August 2023

TABLE OF CONTENTS
Section 1.0 Responses to Initial Study/Mitigated Negative Declaration Comments ........................1 Section 2.0 Draft Initial Study/Mitgated Negative Declaration Text Revisions...............................6 Attachment A: Initial Study Comment Letter
SECTION 1.0 RESPONSES TO INITIAL STUDY/MITIGATED

NEGATIVE DECLARATION COMMENTS
In accordance with CEQA Guidelines Section 15088, this document includes written responses to comments received by the City of Santa Clara on the Initial Study/Mitigated Negative Declaration (IS/MND). The IS/MND was circulated for 30 days from July 3, 2023 to August 2, 2023.

Comments are organized under headings containing the source of the letter and its date. The specific comments from each of the letter are presented with each response to that specific comment directly following. A copy of the letter is included in its entirety in Appendix A of this document. Comments received on the IS/MND are listed below.

Comment Letter and Commenter Page of Response
A. California Department of Transportation (July 28, 2023).................................................. 2 3378-3386 El Camino Real Residential Project 2 Responses to Initial Study/MND Comments City of Santa Clara August 2023
A. California Department of Transportation (July 28, 2023) Comment A.1: Thank you for including the California Department of Transportation (Caltrans) in the environmental review process for the 3378-3386 El Camino Real Residential. We are committed to ensuring that impacts to the State’s multimodal transportation system and to our natural environment are identified and mitigated to support a safe, sustainable, integrated and efficient transportation system.

Project Understanding
The project proposes to demolish the existing commercial building and construct 22 three-story townhouses where each townhouse would have a two-car garage. Additional site features include bike parking and approximately 9,887 square feet of common open space.

Travel Demand Analysis
With the enactment of Senate Bill (SB) 743, Caltrans is focused on maximizing efficient development patterns, innovative travel demand reduction strategies, and multimodal improvements.

For more information on how Caltrans assesses Transportation Impact Studies, please review Caltrans’ Transportation Impact Study Guide (link).

Response A.1: The commenter has correctly summarized the project and the determination of the project’s vehicle miles traveled (VMT) impact. This comment does not raise any issues about the adequacy of the IS/MND. Therefore, no further response is required.

Comment A.2: Hydrology
If the project involves drainage work that flows into the State Drainage System, please provide a drainage design memo. The memo should show how the proposed drainage system flows on the plans. Drainage design memo should include pre- and post-project flows to the existing drainage system. Drainage Plan and Profile Sheets should include lengths, size, and types of new and existing pipes, inlets, outlets, and systems showing any utility conflicts. Include drainage details and profiles for connection to the existing drainage system. Assumptions and calculations used in designing the drainage system should be shown as well.
3378-3386 El Camino Real Residential Project 3 Responses to Initial Study/MND Comments City of Santa Clara August 2023
Response A.2: The City of Santa Clara owns and maintains the municipal storm drainage system which serves the project site. The lines that serve the project site drain into tributaries and streams in the area and eventually to the San Francisco Bay.

As mentioned on page 141 of the IS/MND, the proposed project would be required to adhere to local, regional and statewide regulations pertaining to stormwater runoff during construction and operation. The plan set dated January 6, 2023, includes a utility plan sheet which shows the existing and proposed storm drain lines and stormwater control plan sheets which provide additional details of the proposed treatment control measures. This comment does not raise any issues about the adequacy of the IS/MND. Therefore, no further response is required.

Comment A.3: Multimodal Transportation Planning
Please review and include the reference to the Caltrans District 4 Pedestrian Plan (2021) and the Caltrans District 4 Bike Plan (2018) in the IS/MND. These two plans studied existing conditions for walking and biking along and across the State Transportation Network (STN) in the nine-county Bay Area and developed a list of location-based and prioritized needs.

Response A.3: The regulatory framework in Section 4.17 has been updated to include the Caltrans District 4 Pedestrian Plan and the Caltrans District Bike Plan (refer to Section 2.0 of this document for the text revisions. The IS/MND does not include references to complete streets. Therefore, this comment does not raise any issues about the adequacy of the IS/MND. No further response is required.

Comment A.4: Construction-Related Impact
Potential impacts to Caltrans’ Right-of-Way (ROW) from project-related temporary access points should be analyzed. Mitigation for significant impacts due to construction and noise should be identified. Project work that requires movement of oversized or excessive load vehicles on State roadways requires a transportation permit that is issued by Caltrans. To apply, please visit Caltrans Transportation Permits (link).

Prior to construction, coordination may be required with Caltrans to develop a Transportation Management Plan (TMP) to reduce construction traffic impacts to the STN.

Response A.4: The IS/MND includes an analysis of Air Quality, Noise, and Hazard and Hazardous Materials impacts associated with the proposed project. These impacts were found to be less than significant or were mitigated to a less than significant level with the incorporation of measures as identified in Sections 4.3, 4.9, and 4.13 of the IS/MND. The proposed project would be required to acquire all necessary permits from Caltrans to complete construction. Additionally, the proposed project will coordinate with Caltrans on the development of a TMP, if required. 3378-3386 El Camino Real Residential Project 4 Responses to Initial Study/MND Comments City of Santa Clara August 2023
Comment A.5: Lead Agency
As the Lead Agency, the city of Santa Clara is responsible for all project mitigation, including any needed improvements to the STN. The project’s fair share contribution, financing, scheduling, implementation responsibilities and lead agency monitoring should be fully discussed for all proposed mitigation measures.

Response A.5: The City of Santa Clara prepared a Mitigation Monitoring and Reporting Program (MMRP) which details all mitigation to be incorporated into the project, the timing of implementation, and the responsibility for oversight. The City is responsible for ensuring that all mitigation measures are adhered to. No impacts to the STN were identified.

Additionally, the proposed project would be required to comply with state and local regulations for ADA accessibility and maintain bicycle and pedestrian access during construction. This comment does not raise any issues about the adequacy of the IS/MND. Therefore, no further response is required.

Comment A.6: Encroachment Permit
Please be advised that any permanent work or temporary traffic control that encroaches onto Caltrans’ ROW requires a Caltrans-issued encroachment permit, including relocation of driveways and/or any tree removal work that requires the use of Caltrans’ ROW.

To obtain information about the most current encroachment permit process and to download the permit application, please visit Caltrans Encroachment Permits (link).

Thank you again for including Caltrans in the environmental review process. Should you have any questions regarding this letter, please contact Marley Mathews, LDR Coordinator/Transportation Planner, via [email protected].

For future early coordination opportunities or project referrals, please contact [email protected]. 3378-3386 El Camino Real Residential Project 5 Responses to Initial Study/MND Comments City of Santa Clara August 2023
Response A.6: The proposed project will comply with all applicable requirements for any work that encroaches onto Caltrans’ ROW. This comment does not raise any issues about the adequacy of the IS/MND. Therefore, no further response is required. 3378-3386 El Camino Real Residential Project 6 Responses to Initial Study/MND Comments City of Santa Clara August 2023
SECTION 2.0 DRAFT INITIAL STUDY/MITGATED NEGATIVE

DECLARATION TEXT REVISIONS
This section contains revisions to the text of the 3378-3386 El Camino Real Residential IS/MND dated June 2023. Revised or new language is underlined. All deletions are shown with a line through the text.

Section 4.1.1.2, The third paragraph will be REVISED as follows:

Page 13 ends

Immediately east of the site is a used car dealership. A one-story office is located on the dealership lot and is set back further from El Camino Real than the existing building on-site. A billboard is located on the dealership lotsite, adjacent to the property line shared with the project site. A two-story, multifamily apartment complex is located south of the project site. Refer to Photos 3 and 4. A full access driveway along El Camino Real (adjacent to the west boundary of the project site) provides access and parking to the apartment complex, in addition to the two-story commercial building located west of the site.

Similar to the existing commercial buildings along El Camino Real, the two-story building is set back from the roadway via sidewalks and a surface parking lot. The building is occupied by various businesses and entrances are located along the eastern building façade. West of this building is a mixed-use development currently under construction. Refer to Photos 5 and 6.

Section 4.17.1.1, A new subheading and paragraph will be ADDED under the State

Page 128 ends

Caltrans District 4 Bike Plan (2018)
The Caltrans District 4 Bike Plan (Bike Plan) was developed in cooperation with local and regional partners to ensure that the improvements to the State highway system complement proposals for local networks. The Bike Plan identifies infrastructure improvements that can enhance bicycle safety and mobility throughout District 4 and removes some of the barriers to bicycling in the region and prioritizes utilitarian bicycle travel to work, school, shopping, and other similar purposes, or to connect to transit.

Section 4.17.1.1, A new subheading and paragraph will be ADDED under the State

Page 128 ends

Caltrans District 4 Pedestrian Plan (2021)
The Caltrans District 4 Pedestrian Plan (Pedestrian Plan) identifies and prioritizes pedestrian needs along and across the State Highway 3378-3386 El Camino Real Residential Project 7 Responses to Initial Study/MND Comments City of Santa Clara August 2023
System. The Pedestrian Plan complements the Bike Plan and both documents promote alternatives to driving as a means to reduce congestion and GHGs. The Pedestrian Plan would be used by Caltrans staff, as well as regional and local agency partners, to address high priority needs along and across the State Transportation Network, which includes the State Highway System and all other multi-modal facilities owned and operated by Caltrans, including parallel paths, frontage roads, and other facilities not directly on a State Highway System mainline.

Attachment A: Initial Study Comment Letter
“Provide a safe and reliable transportation network that serves all people and respects the environment” DISTRICT 4

Project Understanding
The project proposes to demolish the existing commercial building and construct 22 three-story townhouses where each townhouse would have a two-car garage.

Additional site features include bike parking and approximately 9,887 square feet of common open space.

CALI FORN IA STATE TRANSPORTATION AGENCY GAVIN NEWSOM, GOVER NOR California Department of Transportation
Nimisha Agrawal, Senior Planner
July 28, 2023

Page 2 ends

Nimisha Agrawal, Senior Planner
July 28, 2023

Page 3 ends

To obtain information about the most current encroachment permit process and to download the permit application, please visit Caltrans Encroachment Permits (link).

Nimisha Agrawal, Senior Planner
July 28, 2023

Page 4 ends

For future early coordination opportunities or project referrals, please contact LDR[email protected].

Sincerely,

YUNSHENG LUO
Acting District Branch Chief
Local Development Review
c: State Clearinghouse J
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1414 Agenda Date: 12/5/2023

REPORT TO COUNCIL

SUBJECT
Authorize the City Manager to execute the Side Letter Agreements between the City of Santa Clara and the Public Safety Non-Sworn Employees Association that provides a Lateral Incentive Program for new Public Safety Dispatcher hires and a Retention Incentive Program for permanent Public Safety Dispatchers, and Adopt a Resolution Approving and Adopting an Updated Salary Plan for AsNeeded Positions

COUNCIL PILLAR
Enhance Community Engagement and Transparency

BACKGROUND
The City has experienced significant recruitment challenges for the position of Public Safety Dispatcher in the Police Department. Public agencies across the State are experiencing similar recruiting challenges. In the Fiscal Year 2023/24 Adopted Operating Budget, there are 21.0 budgeted Dispatcher positions (16.0 Public Safety Dispatcher and 5 Senior Public Safety Dispatcher positions). As of November 2023, the City has 6.0 Public Safety Dispatcher vacancies. The City is continuously recruiting for these positions. And while many applications are received, many applicants are screened out during the Police Department’s background process. The Communications Operations Manager position that manages and supervises the Communications Dispatch Center, is also currently vacant.

The City has taken several steps to ensure efficient supervision and operation of the Communications Dispatch Center during the current time. This includes temporarily assigning a Police Captain to oversee the Center, with added support from a Lieutenant and well as training Officers to support dispatch operations as time permits. Further, the City has implemented several efforts to attract candidates to apply for the Public Safety Dispatcher positions. This includes, but not limited to: increased emphasis on the benefits of working for the City and Police Department; updating the classification specifications by including more relevant evaluation tools; revamping and updating the new employee training program; and authorizing as-needed staff to help supplement full -time staff.

Since these efforts have been implemented, the City has hired three Public Safety Dispatchers with an 18-month probationary period. During this period, the employees go through a rigorous training program and are regularly evaluated to determine if they will be successful in the position.

In an effort to attract Lateral Dispatchers from other agencies who are already trained and experienced in Public Safety Dispatch Communications, the City and the Public Safety Non-Sworn City of Santa Clara Page 1 of 4 Printed on 12/1/2023
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23-1414 Agenda Date: 12/5/2023
Employees Association (Unit 10), reached a Side Letter Agreement to provide an Incentive Program for Lateral Dispatchers that are hired.

Since the permanent Dispatchers are currently working additional shifts to ensure staffing coverage for the 24/7 Communications Center, and in recognition of their commitment to the City, the City and Unit 10, reached a Side Letter Agreement to provide a retention bonus for permanent Public Safety Dispatchers over the next 3 years.

In addition, the City is currently recruiting As-Needed Per Diem Dispatchers for the Police Department to supplement the full-time staff, while the City continues to recruit for the full-time positions. In an effort to attract experienced Dispatchers to apply for part-time temporary work with the City, the City is also recommending the creation of the As-Needed classification for the Police Department at the rate of $75/hour.

DISCUSSION
The recommended action authorizes the City Manager to execute the Side Letter Agreements that will provide a Lateral Incentive Program for new hires and a Retention Program for permanent Public Safety Dispatchers. Additionally, the recommendation includes the addition of an As-Needed Per Diem Dispatcher classification in the Police Department.

The following is a summary of the notable provisions of the Side Letter Agreements, addition of the As-Needed Per Diem Dispatcher classification in the Police Department, and a complete copy of the Side Letter Agreements are attached.

Lateral Incentive Program
Effective December 5, 2023, Lateral new hires in the Public Safety Dispatcher II (Job Code 340), Public Safety Dispatcher III (Job Code 341), or Senior Public Safety Dispatcher (Job Code 725) classifications, shall be eligible for a recruitment incentive as follows:
· Recruitment Incentive of no more than $7,500 total, subject to applicable taxes, pursuant to the following time frames:
o $2,500 at hire
o $2,500 at completion of training
o $2,500 at completion of the probationary period
Retention Incentive Program
Effective December 5, 2023, permanent employees who are actively employed in the classifications of Public Safety Dispatcher I (Job Code 339), Public Safety Dispatcher II (Job Code 340), Public Safety Dispatcher III (Job Code 341), or Senior Public Safety Dispatcher (Job Code 725) (collectively “Qualifying Classifications”) on any of the following dates shall be eligible for the retention bonus program totaling no more than $8,000, subject to applicable taxes:
· December 5, 2023: $4,000
· The first day of the first full pay period in December 2024: $2,000 · The first day of the first full pay period in December 2025: $2,000 Employees may elect to have the Retention Incentive deposited as a Lump Sum payment deposited City of Santa Clara Page 2 of 4 Printed on 12/1/2023
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23-1414 Agenda Date: 12/5/2023
into their Deferred Compensation Account (subject to IRS maximum contribution limits). If the employee does not elect the deposit of the Lump Sum payment into their Deferred Compensation Account or if the money cannot be lawfully deposited, the one-time payment shall be issued. The lump sum payment is non-pensionable and will not be reported to CalPERS. The parties also agree that this payment is intended to be specific to the pay period in which it is paid and is to be considered part of the regular rate for the applicable pay period only.

As-Needed Public Safety Dispatcher Classification
Effective December 10, 2023, the classification of Per Diem Dispatcher (Citywide) (Job Code 617) shall be added to the As-Needed Salary Plan with an hourly rate of $75. Incumbents in this classification shall be hired to perform Dispatcher duties in the Communications Dispatch Center in the Police Department. The existing As-Needed classification of Per Diem Dispatcher (Job Code 618) shall be renamed to Per Diem Dispatcher (Stadium) (Job Code 618) and the hourly rate of $60 shall remain unchanged.

ENVIRONMENTAL REVIEW
The action being considered does not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15378(b)(5) in that it is a governmental organizational or administrative activity that will not result in direct or indirect changes in the environment.

FISCAL IMPACT
The cost of providing the Lateral Incentive Program totaling up to $7,500 per Lateral Dispatcher hire is anticipated to be funded by the existing Police Department budget. This cost would be spread across two fiscal years based on the training and probationary periods. It is not known how many lateral dispatchers will be hired; there are currently six dispatcher vacancies.

The cost of the Retention Incentive Program totaling up to $8,000 per permanent Public Safety Dispatcher will be funded by the existing Police Department’s budget. This cost will be spread across three fiscal years. Based on the currently filled 15.0 dispatcher positions, the cost is projected at $60,000 in FY 2023/24, $30,000 in FY 2024/25 and $30,000 in FY 2025/26.

It is difficult to determine the fiscal impact of hiring Per Diem Dispatcher (Citywide). The cost will be dependent upon the number of As-Needed positions that are authorized, and the number of hours that each incumbent is available to work on a weekly basis. These hours shall be limited to no more than 999 hours per person, per fiscal year.

Staff will continue to monitor the Police Department budget and bring forward a budget amendment at year-end, if necessary.

COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a City of Santa Clara Page 3 of 4 Printed on 12/1/2023
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23-1414 Agenda Date: 12/5/2023
Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Authorize the City Manager to execute the Side Letter Agreements between the City of Santa Clara and the Public Safety Non-Sworn Employees Association that provides a Lateral Incentive Program for new hires and a Retention Incentive Program for permanent Dispatchers on the terms presented and in a final form approved by the City Attorney, and

2. Adopt a Resolution Approving and Adopting an Updated Salary Plan for As-Needed Positions Reviewed by: Aracely Azevedo, Director of Human Resources Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Side Letter - Lateral Public Safety Dispatcher Incentive Program

2. Side Letter - Public Safety Dispatcher Retention Bonus Program

3. As-Needed Salary Plan eff 12-10-2023 (for Council 12-05-2023)

4. As-Needed Salary Plan Resolution
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SIDE LETTER AGREEMENT

BETWEEN

THE CITY OF SANTA CLARA
AND

THE PUBLIC SAFETY NON-SWORN EMPLOYEES ASSOCIATION
(UNIT 10)

LATERAL PUBLIC SAFETY DISPATCHER HIRING INCENTIVE PROGRAM The City and the Public Safety Non-Sworn Employees Association (Unit 10) agree to the following Lateral Public Safety Dispatcher Hiring Incentive Program:
1) Eligibility
a. Lateral new hires into the Public Safety Dispatcher II (Job Code 340), Public Safety Dispatcher Ill (Job Code 341 ), or Senior Public Safety Dispatcher (Job Code 725 classifications hired on or after the implementation of the Lateral Public Safety Dispatcher Hiring Incentive Program shall be eligible for the recruitment incentive described in Section 2 below.
b. A lateral hire is someone hired into the City as a Public Safety Dispatcher II (Job Code 340), Public Safety Dispatcher Ill (Job Code 341), or Senior Public Safety Dispatcher (Job Code 725) classifications who has experience working in a Public Safety Dispatcher position or classification with another agency, and was considered a permanent employee in a Public Safety Dispatcher position or classification with another agency.
c. Current employees in the classifications of Public Safety Dispatcher II (Job Code 340), Public Safety Dispatcher Ill (Job Code 341 ), or Senior Public Safety Dispatcher (Job Code 725) classifications are ineligible for the Incentive Program.
2) Recruitment Incentive
a. A lateral hire is eligible to receive a recruitment incentive of no more than $7,500 total, subject to applicable taxes, pursuant to the following time frames:
i. $2,500 at hire to be paid on the paycheck associated with the first full pay period after the lateral hire starts working for the City.

Unit 10 Side Letter Agreement - Public Safety Dispatcher Lateral Incentive Program October 2, 2023

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ii. $2,500 at the completion of training as a Public Safety Dispatcher II (Job Code 340), Public Safety Dispatcher Ill (Job Code 341 ), or Senior Public Safety Dispatcher (Job Code 725) to be paid on the paycheck associated with the first full pay period after the lateral hire has completed training as determined by the City.
iii. $2,500 at the completion of the lateral hire's probationary period as a Public Safety Dispatcher II (Job Code 340), Public Safety Dispatcher Ill (Job Code 341), or Senior Public Safety Dispatcher (Job Code 725) to be paid on the paycheck associated with the first full pay period after the lateral hire has passed their probationary period.
3) This Side Letter Agreement shall not establish precedent for future agreements and shall not be construed or implied to obligate the City or Unit 10 to enter into any similar agreements in the future.
4) This Side Letter Agreement shall become effective when signed by all parties below and upon approval by City Council.

FOR THE CITY: FOR UNIT 10:
r Date
President, Unit 10
10/17/23
Aracely Azevedo Date
Director of Human Resources
As-Needed Salary Plan
Effective 12/10/2023
Approved 12/05/2023
Job Code Description Minimum Hourly Rate Maximum Hourly Rate 349 TEMPORARY EMPLOYEE $ 17.20 $ 214.06
362 CROSSING GUARD $ 17.20 $ 24.00
100 EMERGENCY MEDICAL TECHNICIAN $ 17.20 $ 20.19
501 INSTRUCTOR/LIFEGUARD $ 17.20 $ 25.31
502 LABORER $ 17.20 $ 24.85
524 LAW CLERK I $ 17.20 $ 20.16
523 LAW CLERK II $ 19.61 $ 23.84
542 LIBRARY PAGE $ 17.20 $ -
537 LIBRARY TECHNOLOGY AIDE $ 17.20 $ -
608 NUTRITION MEAL SERVER $ 17.20 $ 20.81
609 NUTRITION SITE MANAGER $ 19.53 $ 24.71
865 OFFICE CLERK I $ 29.18 $ 35.50
870 OFFICE CLERK II $ 32.15 $ 39.21
617 PER DIEM DISPATCHER (CITYWIDE) $ 75.00 $ -
618 PER DIEM DISPATCHER (STADIUM) $ 60.00 $ -
619 PER DIEM POLICE OFFICER $ 75.00 $ -
666 POOL MANAGER $ 21.02 $ 27.84
606 RECORDS ASSISTANT $ 17.20 $ 18.41
699 RECREATION INSTRUCTOR $ 17.20 $ 30.91
681 RECREATION LEADER I $ 17.20 $ 21.56
682 RECREATION LEADER II $ 18.36 $ 23.91
683 RECREATION LEADER III $ 20.65 $ 27.57
698 RECREATION OFFICE ASSISTANT $ 17.20 $ 21.56
684 RECREATION PROGRAM COORDINATOR $ 21.69 $ 32.33
686 RECREATION SPECIALIST $ 18.86 $ 27.57
756 SR LIBRARY PAGE $ 17.22 $ 20.96
497 STUDEN INTERN I $ 17.20 $ 18.72
498 STUDEN INTERN II $ 20.15 $ 24.50
504 STUDEN INTERN III $ 23.17 $ 28.18
848 TRAFFIC CONTROL SPECIAL EVENTS $ 25.00 $ -
, City of j Santa Clara The Center of What's Possible
Resolution/ As-Needed Salary Plan eff 12-10-2023 (for Council 12-05-2023) Page 1 of 2 Rev: 11/22/17
RESOLUTION NO. 23- _____

A RESOLUTION OF THE CITY OF SANTA CLARA, CALIFORNIA

TO ADOPT THE AMENDED AS-NEEDED SALARY PLAN FOR

VARIOUS POSITIONS WITH AN APPROVAL DATE OF
DECEMBER 5, 2023
BE IT RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

WHEREAS, the City of Santa Clara contracts with CalPERS to provide retirement benefits; WHEREAS, to comply with the California Code Regulations section 570.5, the City of Santa Clara shall among other things, have pay scheduled approved and adopted by the City Council; and indicate an effective date and date of any revisions; and, WHEREAS, as required by the California Code Regulations section 570.5 and as mandated by CalPERS, the City Council deems it to be in the best interests of the City to adopt the Amended As-needed Salary Plan for City of Santa Clara classifications when there are salary modifications to existing classifications, and when new classifications are created and salary ranges need to be established, with an approval date of December 5, 2023.

NOW THEREFORE, BE IT FURTHER RESOLVED BY THE CITY OF SANTA CLARA AS FOLLOWS:

1. That the City hereby adopts the Amended As-needed Salary Plan for various City of Santa Clara As-needed positions.
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Resolution/ As-Needed Salary Plan eff 12-10-2023 (for Council 12-05-2023) Page 2 of 2 Rev: 11/22/17

2. Effective date. In accordance with the California Code Regulations section 570.5 and to comply with CalPERS, the salary schedule for various as-needed positions shall be effective December 10, 2023 and adopted with an approval date of December 5, 2023.

I HEREBY CERTIFY THE FOREGOING TO BE A TRUE COPY OF A RESOLUTION PASSED

AND ADOPTED BY THE CITY OF SANTA CLARA, CALIFORNIA, AT A REGULAR MEETING THEREOF HELD ON THE ____ DAY OF ____, 2023, BY THE FOLLOWING VOTE:

AYES: COUNCILORS:

NOES: COUNCILORS:

ABSENT: COUNCILORS:

ABSTAINED: COUNCILORS:

ATTEST: ______________________________

NORA PIMENTEL, MMC

ASSISTANT CITY CLERK

CITY OF SANTA CLARA
Attachments incorporated by reference:

1. As-Needed Salary Plan eff 12-10-2023 (for Council 12-05-2023)

SIDE LETTER AGREEMENT

BETWEEN

THE CITY OF SANTA CLARA
AND

THE PUBLIC SAFETY NON-SWORN EMPLOYEES ASSOCIATION
(UNIT 10)

PUBLIC SAFETY DISPATCHER RETENTION BONUS PROGRAM
The Police Department Communications Dispatch Center has experienced significant staffing shortages in 2023. The City has been and continues to actively recruit for Public Safety Dispatcher positions. While the City has been successful in filling some of the vacant positions in this Division of the Police Department, vacancies still exist.

In recognition of the permanent Public Safety Dispatchers continuing employment with the City of Santa Clara and working overtime in the Police Department Communication Dispatch Center that is operational 24/7, the City and the Public Safety Non-Sworn Employees Association (Unit 10) agree to the following Public Safety Dispatcher Retention Bonus Program:
1) Eligibility
a. Permanent employees who are actively employed in the classifications of Public Safety Dispatcher I (Job Code 339), Public Safety Dispatcher II (Job Code 340), Public Safety Dispatcher Ill (Job Code 341 ), or Senior Public Safety Dispatcher (Job Code 725) (collectively "Qualifying Classifications") on any of the following dates shall be eligible for the retention bonus program:
i. December 5, 2023
ii. The first day of the first full pay period in December 2024 iii. The first day of the first full pay period in December 2025 2) Retention Bonus Program
a. Permanent Dispatchers employed in one of the Qualifying Classifications listed above on the dates listed below shall be eligible to receive a Retention Bonus totaling no more than $8,000, subject to applicable taxes and/or withholding, pursuant to the following time frames:
i. Permanent employees actively employed in one of the Qualifying Classifications on December 5, 2023, shall receive a one-time lump sum Unit 10 Side Letter Agreement- Public Safety Dispatcher Retention Bonus Program November 17, 2023

Page 2 of 3 ends

payment of $4,000, to be included in a separate check and issued on December 15, 2023. Employees may elect to have the $4,000 Lump Sum payment deposited into their Deferred Compensation Account (subject to IRS maximum contribution limits). Employees shall be required to complete and submit a One-Time Election Form no later than December 6, 2023, to make this election. If the employee does not elect to deposit the Lump Sum Payment into their Deferred Compensation Account or if the money cannot be lawfully deposited, the one-time payment shall be issued. The Parties intend and understand that this lump sum payment is non-pensionable and will not be reported to CalPERS. The parties also agree that this payment is intended to be specific to the pay period in which it is paid and is to be considered part of the regular rate for this pay period only.
ii. Permanent employees actively employed in one of the Qualifying Classifications on the first day of the first full pay period in December 2024, shall receive a one-time lump sum payment of $2,000, to be included in a separate check and issued on the pay date for completion of the first full pay period in December 2024. Employees may elect to have the $2,000 Lump Sum payment deposited into their Deferred Compensation Account (subject to IRS maximum contribution limits). Employees shall be required to complete and submit a OneTime Election Form no later than the first day of the full pay period of December 2024, to make this election. If the employee does not elect to deposit the Lump Sum Payment into their Deferred Compensation Account or if the money cannot be lawfully deposited, the one-time payment shall be issued. The Parties intend and understand that this lump sum payment is non-pensionable and will not be reported to CalPERS. The parties also agree that this payment is intended to be specific to the pay period in which it is paid and is to be considered part of the regular rate for this pay period only.
iii. Permanent employees actively employed in one of the Qualifying Classifications on the first day of the first full pay period in December 2025, shall receive a one-time lump sum payment of $2,000, to be included in a separate check and issued on the pay date for completion of the first full pay period in December 2025. Employees may elect to have the $2,000 Lump Sum payment deposited into their Deferred Compensation Account (subject to IRS maximum contribution limits). Employees shall be required to complete and submit a OneTime Election Form no later than the first day of the full pay period of December 2025, to make this election. If the employee does not elect to deposit the Lump Sum Payment into their Deferred Compensation Account or if the money cannot be lawfully deposited, the one-time payment shall be· issued. The Parties intend and understand that this lump sum payment is non-pensionable and will not be reported to Unit 10 Side Letter Agreement - Public Safety Dispatcher Retention Bonus Program November 17, 2023

Page 3 of 3 ends

CalPERS. The parties also agree that this payment is intended to be specific to the pay period in which it is paid and is to be considered part of the regular rate for this pay period only.
3) This Side Letter Agreement shall not establish precedent for future agreements and shall not be construed or implied to obligate the City or Unit 10 to enter into any similar agreements in the future.
4) This Side Letter Agreement shall become effective when signed by all parties below and upon approval by City Council.

FOR THE CITY: FOR UNIT 10:
~ 11/7..0 /-c,1 ~ ----'---'-D_a_,_t_e __
City Manager
Date
~ ~ 11/1,7/.µ;2.~
Aracely Azevedo Date
Director of Human Resources
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1313 Agenda Date: 12/5/2023

REPORT TO COUNCIL

SUBJECT
Authorize the City Manager to Negotiate and Execute an Agreement for Services with Nalco Company, LLC, to Provide Water Treatment Services to Silicon Valley Power

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
The City of Santa Clara’s electric utility, Silicon Valley Power (SVP), administers a comprehensive water treatment program at the Donald Von Raesfeld (DVR) and Cogeneration #1 (Cogen) power plants. This program helps SVP (1) comply with safety and environmental requirements, (2) maximize power plant reliability and availability, and (3) extend the life of the power plant equipment by preventing corrosion.

In support of its water treatment program, SVP utilizes a third-party service provider to perform water quality tests, chemical delivery, inventory management, and onsite/offsite laboratory analysis. The contract with the current service provider is set to expire on December 31, 2023.

DISCUSSION
Pursuant to City Code Section 2.105.140(c), a formal Request for Proposals (RFP) was conducted, with the award recommendation based on “best value.”
An RFP for Water Treatment Support Services was published on the City’s e-procurement system on May 31, 2023. The proposed scope of work included: performance of water quality tests, chemical delivery, inventory management, and onsite/offsite laboratory analysis. Two proposals were received by the June 30, 2023, closing date, from the following firms:
· ChemTreat, Inc.
· Nalco Company, LLC (Nalco)
The proposals were independently evaluated by a three-member evaluation panel against the criteria and weights published in the RFP. Nalco was selected as the overall best value based on cost and experience with similar facilities, and other factors.

The maximum compensation in the proposed agreement is $1,200,000 over a five-year term starting on January 1, 2024, and ending on December 31, 2028, with five one-year options to extend the agreements to December 31, 2033. Rates for labor and materials are established in the agreements and subject to reasonable annual increase. Any rate increases are subject to approval by the City and must be substantiated by the contractor to the satisfaction of the City.

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23-1313 Agenda Date: 12/5/2023

ENVIRONMENTAL REVIEW
Staff recommends that the City Council determine that the actions being considered are exempt from the California Environmental Quality Act (“CEQA”) pursuant section 15301 of Title 14 of the California Code of Regulations as the services involve maintenance and repair of existing facilities and mechanical equipment.

FISCAL IMPACT
The maximum compensation under the proposed Agreements Nalco is $1,200,000 over the five-year term. Sufficient funds are available in the FY 2023/24 and FY 2024/25 Biennial Operating Budget in the Electric Utility Fund Generation and Pumping Expense allocation for the asset requiring products or services.

Funds required for this agreement in future years will be included in proposed budgets for the corresponding years.

COORDINATION
This report has been coordinated with the Finance Department and the City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, or by email to: [email protected] <mailto:[email protected]>.

RECOMMENDATION

1. Determine that the proposed actions are exempt from CEQA pursuant to Section 15301 (Existing Facilities) of Title 14 of the California Code of Regulations;

2. Authorize the City Manager to negotiate and execute an Agreement for Services with Nalco Company, LLC, to provide water treatment services for the period of January 1, 2024, through December 31, 2028, on the terms presented, with a maximum compensation not to exceed $1,200,000 funded by the Electric Utility Fund, subject to the appropriation of funds and the review and approval as to form by the City Attorney; and

3. Authorize the City Manager to take any actions as necessary to implement and administer the Agreement and negotiate and execute amendments to the Agreement to (a) exercise up to five one-year options to extend the term through December 31, 2033, (b) adjust rates to account for market conditions or labor agreement requirements, and (c) add or delete services including increases to the maximum compensation for a total amount not to exceed $2,500,000 for a tenyear period, subject to the appropriation of funds and the review and approval as to form by the City Attorney.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager
City of Santa Clara Page 2 of 2 Printed on 12/1/2023
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City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1320 Agenda Date: 12/5/2023

REPORT TO COUNCIL

SUBJECT
Action on a Request for a Special Permit to Allow Temporary Modular Trailers for the Acura Car Dealership at 4747 Stevens Creek Boulevard for Nine Months

COUNCIL PILLAR
Promote and Enhance Economic, Housing and Transportation Development

BACKGROUND
The applicant, Nina Raey, requests a Special Permit pursuant to Zoning Code Section 18.60.030 to allow installation of two temporary modular trailers for a period of nine months at the Acura car dealership located at 4747 Stevens Creek Boulevard. The purpose of the trailers is to provide a temporary office and restrooms for Acura employees to utilize during the remodel of the main dealership building.

The property is zoned Commercial Thoroughfare (CT). However, City Code Section 18.60.030 allows issuance of a Special Permit by the City Council in non-industrial zones for any temporary use not otherwise regulated within the Zoning Code.

DISCUSSION
The Acura car dealership will soon commence work on a renovation that will take several months to complete and displace some operations and employees. In order to provide accommodations for the displaced operations and employees, the dealership proposes temporary facilities that will consist of a pre-manufactured 60 foot by 36 foot office trailer and a 48 foot by 12 foot restroom trailer, located in the north parking lot of the subject property. There are 175 existing parking spaces in the parking lot, 30 of which will be utilized for the temporary office and restroom trailers; therefore 145 parking spaces will remain on-site for customer parking, employee parking, service parking, display parking and possible construction activity staging. There will be 24 employees working at this temporary modular facility at any given time throughout working hours. The hours of operation will be from 7:00 a.m. to 6:00 p.m., Monday through Saturday. The temporary trailers will be on-site for nine months with the start date pending approval of the Special Permit. The proposed Permit (Attachment #3) includes conditions that restrict the activities to those as described here to minimize the potential for land use impacts.

Granting of a Special Permit requires the City Council to make certain findings consistent with City Code Section 18.60.030 (c). The proposed temporary use, with limited duration and operations proposed, is not anticipated to adversely impact the surrounding land uses in that the events will occur over a limited time period and will be subject to conditions which reduce potential negative impacts, including a condition of approval that the use be conducted in a manner that does not create a public or private nuisance. The Special Permit is subject to revocation should a problem arise.

City of Santa Clara Page 1 of 2 Printed on 12/1/2023
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23-1320 Agenda Date: 12/5/2023

ENVIRONMENTAL REVIEW
The action being considered is categorically exempt from formal environmental review under the California Environmental Quality Act (“CEQA”) pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”) as it consists of “minor temporary use of land having negligible or no permanent effects on the environment, including carnivals, sales of Christmas trees, etc.”

FISCAL IMPACT
There is no cost to the City other than administrative staff time and expense.

COORDINATION
This report has been coordinated with the City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>. or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Determine the issuance of the Special Permit to be categorically exempt from environmental review pursuant to CEQA Guidelines section 15304(e) (Class 4 - “Minor Alterations to Land”); and

2. Approve the request of a Special Permit to allow for a temporary office trailer at 4747 Stevens Creek Boulevard for nine months, subject to conditions, based upon the findings set forth in the Special Permit.

Reviewed by: Andrew Crabtree, Director of Community Development Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. 4747 Stevens Creek Boulevard Written Project Description

2. Development Plans

3. 4747 Stevens Creek Boulevard Special Permit
City of Santa Clara Page 2 of 2 Printed on 12/1/2023
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Written Project Description and Scope of Work
Project: Acura Stevens Creek Temp Trailers
Project Address: 4747 Stevens Creek Blvd
Owner: Stevens Creek Enterprise, LLC
Contractor: United Contractors
Type of event:
● Temporary facility for Acura employees to utilize during the remodel of the main dealership.

The facility will consist of a pre-manufactured office trailer 60’x36’ and a restroom trailer 48’x12’. The trailers will sit at the (E) North parking lot of the property. See trailer plan for layout. Trailers to be in use during normal business hours. Hours are Monday thru Saturday 7am-6pm.

There are 24 employees working at this temporary modular facility at any given time throughout working hours. 175 parking spaces are existing, 30 are being removed with 145 remaining. 88 spaces are required leaving a surplus of 86 spaces.

Duration:
● Start date pending approval. Trailers to be on site for (9) months or roughly 270 days.

Scope of Work (setup & cleanup details):
● Trailers are pre-manufactured and only need minimal work for setup/installation. Scope will include trailer dropoff, leveling & anchoring, connecting / waterproofing (3) 60’x12’ modular units, ADA ramping, temporary electrical sub panel feeding trailer panels.

Removal consists of disassembling of temp electrical, ramping and modular units.

Event Contacts:
● Contractor; United Contractors, Inc
○ EJ Vitta (PM); (909) 614-3030
○ Chris Madrid (Site Contact); (408) 417-4746
● City Consultant; RSI Group
○ Nina Raey; (714) 227-5223
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SHEET NUMBER:REVISION: DATE:CHECKED BY:ISSUE:DRAWN BY:PROJECT NO.:

DATE:

PROJECT INFORMATION:CLIENT:CONSULTANT:

SHEET TITLE:

DISCLAIMER:
200 SW 1ST AVENUE, 14TH FL
FORT LAUDERDALE, FL 33301
954-769-4356

SITE PLAN
DATE PRINTED 4 MAY 2022
| LAST SAVED:5/8/23 8:40 AM BY POWELLC1 | DWG BY: $ | FILE LOCATION:C:\Users\Powellc1\OneDrive - AutoNation\00 Projects\Acura Stevens Creek\Acura Stevens Creek_Site_Trailers_5-8-23B.dwg |

ACURA STEVENS CREEK

TRAILERS & TEMP
4747 STEVENS CREEK BLVD.

SANTA CLARA, CA 95051

THIS SCHEMATIC DESIGN IS INTENDED FOR CONCEPTUAL
PURPOSES ONLY. INSTALLATION OF ANY EQUIPMENT OR

CONSTRUCTION DONE WITHOUT PRIOR VERIFICATION
FROM THE APPROPRIATE PARTIES WILL BE DONE AT SAIDPARTY'S OWN RISK. AUTONATION AND IT'S ASSOCIATES

WILL NOT BE HELD LIABLE FOR WORK DONE FROM THIS
SCHEMATIC DESIGN.
200 SW 1ST AVENUE, 14TH FLOOR
FORT LAUDERDALE, FL 33301
954-769-4356
A100

CLIFF POWELL
1 1/32" = 1'-0"

PROPOSED SITE PLAN
1/16" = 1'-0"

CUSTOMER

PARKING

CUSTOMER

PARKING
1 2
48x30 S 48x30 S
48x30 S
7 8
9 10
11 12

SVC ADV
5|6

SVC ADV
1|2

SVC ADV
3|4 48x30 S 48x30 S
48x30 S 48x30 S
48x30 S 48x30 S
CRAIG
AVA
KEAGAN
AVA
KEAGAN

A B B A
66x30 S
66x30 S
3'-0" 3'-0"

A B A B

C D C D
66x30 S
66x30 S
66x30 S
66x30 S
3 48x30 S
4 48x30 S
5 6
48x30 S
3'-0"
3'-6"
66x30 S
BF
T
B A
FFFF
B A

FFFFFF FF

D C D C
4'-3"
72x30 S
3'-0"
48' x 12' Restroom Trailer
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rb.14'-10 1/8" A.F.F. SHIPPING HGT. w/ PLUMBING VENTS
l 14'-6 1 /4" BUILDING HGT. n
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ELEVATION B
4" LP TRIM
ELEVATION C COLOR: TO ~TCH BODY

EXTERIOR PAINT

TO BE SEMI-GLOSS

DEALER SIGNS TO

BE INSTALLED

AT PLANT
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C OLOR: SILVER POINT
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ENGINEER'S SEAL

SHEET NUMBER
5 ,l:IIT ~---rr ~-r?"!TI] l m::r} rm r ~1:IITrCTIJ"--, 7Elf ~-mn Ji I I
I 3•. 4• l&'·'!l" MAX PIER I
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MAX r .. ~r,i,,
EXISTING A.C.

PAvEHENT
J_mJ~~u~,:~~~J~[EJ]_l ~ .~~~_mJJ
- - - -- - - 12 REQ'D IN EACI-! D IRECTION 9C:4.a, 11<4' • 1'-r (24 TOT Al) l:3)2x12x:30"
P.T.PADS
~SvERM: EAATH ~-
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:.!><12><24'
P.T. PAD
(EXTERIOR
61DEWALL)
CON5TRlJCTION NOTE5,
c.) 5 ITECLAM d.) 6FECTI'UL REepc,NSE COEl'f'ICIENT5
eJ 81:leHIC DESIGN CATE(:oORY,
t.) 0ASIC 5El8HIC FOl'<CE

RESISTING SYSTEM
g .) DESIGN 6ASE SI-IEAR, :~~ffi~~-=;;rr~ J.! ANAL T 5I5 PROCEDURE U8ED, I<.) REDUNDANCY FACTOR USED
,~.
'II'
S. •l~<llitlg (~A5CE T-16
f;!1f3L £CTI~ 12J~B)
:t,'l•0.b8"
L~ FF-!AMEDWALL EalJIYALENT L ATERAL
~ANALTSIS

2.J ALL WOFl:K 81-lALL CCtf'O!QH TO :l<ll22 cec AND/OR LOCAL eLJ ILDING CODES ~~A~~sr~:~r,.::~ ;;°e.M,~~~~I~'
~ 1~: IF
A56U'1f>TICN5, THEN ACUMEN. EHC.IN.EERll'I:,, MJ8T eE NOTIFIED IH'-tEDIATEL T

4.) ~.k~~e:~tR'i:!.l ~L ON
ALL L~R N CONTACT Wln-lOR Wln-llN S' a' SOIL TOSE Fl-f:SE.RVATIVE ~TED ALL FASTENER& U8ED IN FCU>IDATION HUST eE C~ICN RESISTANT ""-'M" MAIN~IL
:=I~ ~ARITY.

EXISTING A.C. PAVEMENT
(2' MIN TI-IICIC:t,lf:SSJ
(TRAN&vEReE
~ANCl<ORJ
NOre
l l t ~ NOT TO EXCEEO, 4'-4"
0 l D NOT TO EXCEECl HA><IH.111 LNWPPORTED LEH::.TH
SPECIF-IED IN MODULAR HAN..FACTURE'5 IN.5TALLATICN
IN5TRIJCTION5
NOre
U 4 AXLES 5I-IOII.N FOR EXAMPLE, AC"IUAL elJILDING6 MY
1-!AvE HORE OR LE55.

V
,; MAXIMUM SPAN HAT ~ 2U.T IN EXCESelYE DEFLECTION
IN Ti-IE CI-IA5SIS HAIN RAIL TO eTlffEN FLOOR. f<EHOYE
AX!.E/SFRINGS l ADD ADDITIOOAL P IER&. (INTERIOR
COLUMN
"""""""' CROM DRIVE EARTI-I ANCI-IOR
c+-IA551S l ____ ,....~24"
0EAl1 [-:;; ~ MAX @DETAIL IFIER !IPACINCi AT 4 FJ ~ . 11<4• • r.q AXLE A66EMeLY A~A6) '""""""""""""'" PERPENDICW..AR: TOCMA&616)
'a.J !'iKIRTW ( IF IJ5ED) ~ T 6E !,ELF !UF'f'ORTn-t:. AND MAY NOT ~R ANY LOAD ~->
co~SION l<l:Sl5TANT HEe+-1 WITH OPENIN::..S OF 114 INc+-1. ltJ IF 8KJRTING re U8ED. AN ACCEM OPENlt-1:,, WITH DIHENelONe NOT LEM THAN le' ><24 " 514ALL i,e: PMYIDED WITH HASP ANO LOCK
IV HEIGHT CF FINle+-IED FLOOR A00VE GRADE 51-!AJ.L NOT EXCEED 44' .

13.) AU. lltlLITT!RAMP/STAIR DESlc.N AND SITEi\JTILITT~N:;. DESIG,N 6T OT+-!ERS.

14.! AL.J.. EARTH~ SI-I.ALL 1-!AvE A TOLE~E Cf' W D~5
(vERTICAl.1. T J.IORIZCNT AU. T )
~.J EARTH AN~ TO e;E HANUFACTUREO e;T 'AeE5CO' OR A~D EQUAL (STATE CF CALIFOl-:NIA PLAN Af"Fl,:OVAL NIJH6ER -I0i&CJ 16,.! EARTI-I AN~ TIE S~P M.JeT TO ANSI STD. •A2:l6.I
TT.> STEEL PIERS TO SE HAtt.FACTURED SY '5EDCO' OR Af'FROYED EQJAL (P IER DESIGN CAPAC-ITT TO 8E ' """' UNU::55 NOTED)
l&J l}.j£ MANUl"ACTU!'i:ER'5 IN5~I0N5 ~ T STRICTL T ADI-IERED TO UJI.IEN INSTALL ING PIEl'eS, EARTl-1 AN~. TIE 5~P5, ETC.
l'!l.) 11-!ESE DRAIJ)IN:;.5 MAT NOT eE USED FOR el.l lLDIN:;.5 WITH ANT CF Ti-IE ~~~F~~~~~15;;:~~1T'H.!ti::IOR UJALLS. STUCCO
:.!O.) n-1I5 DESIGN IN NOT INTENDED FOR lJ5E IN FLO:::O HAZARD AREAS 1V MODULAR 0UILDN:;. TO 0E CALIFOF,t,IIA 1-iCD ~D CCM"IERCIAL COACI-I. @DETAIL Fl ec,,IU, I" • l'4" (TYPICAL PIER.)
( AL TEFINATE &TRAP TO
CMA&616 cet+IECTION6)
CI-IAS6IS

ENDHEHBER
A5'r11HETRIC P IER
(4rt)0Cl'IC.:,,PACITTJ
CTTP 4 J
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Sf>READER
(3) ,~12><30'
P.T.PADe
(END COLIJl"'N

OUPPORTJ
Cl-!Aeel5
HAIN RAIL ~
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DATE BY
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 
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 
 

COMPLETE ACCESS

A DIVISION OF INTEGRATED STAIR

SYSTEMS
 
    
4747 Stevens Creek
Blvd,
Santa Clara,
California 95051, US
 
  

  
 
 
NOTE: THIS SHEET SHOWS THE GENERAL SITE CONDITIONS. REFERTO THE NEXT SHEET FOR THE ASSEMBLY REQUIREMENTS   20'-0" 7'-0"
10'-4"
5'-2"
15'-0"
14'-0"
5'-2"
7'-0"
UP
UP
234086.23
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07/26/2023
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3 4
 
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
 
   

 
 

COMPLETE ACCESS

A DIVISION OF INTEGRATED STAIR

SYSTEMS
 
    
4747 Stevens Creek
Blvd,
Santa Clara,
California 95051, US
 

  
 
   
    
1)
2)
3)
4)
5)
6)
7)
8)
9)
1)
2)
3)
4)
5)
6)
7)
8)
RAMP SHALL HAVE A RUNNING SLOPE NOT STEEPER THAN 1 in 12 AND SHALL HAVE A SLIPRESISTANT WALKING SURFACE SECURELY ATTACHED TO STRUCTURE.

THE MAXIMUM VERTICAL RISE OF RAMP RUN SHALL BE 30" (1143MM) MAXIMUM BETWEENLANDINGS THE SLOPE PERPENDICULAR TO THE DIRECTION OF TRAVEL AND THE SLOPE ON LANDINGS SHALLNOT BE STEEPER THAN ONE UNIT VERTICAL IN 48 UNITS HORIZONTAL WHEN CHANGES IN DIRECTION OF TRAVEL OCCUR AT LANDINGS BETWEEN RAMP RUNS, THELANDINGS SHALL BE 60" WIDE BY 72" (1524MM x 1829MM) IN THE DIRECTION OF TRAVEL FROMTHE UPPER RAMP RUN.

MANEUVERING CLEARANCE ON PULL SIDE OF EXTERIOR DOOR WHEN OPENING ON TO PLATFORM SHALL BE 42" (1066MM) FOR LATCH APPROACH AND 36" (920MM) FOR HINGE APPROACH WITH 60"(1542MM) LANDING IN FRONT OF DOOR BALUSTERS ARE INDEPENDENTLY DESIGNED FOR A CONCENTRATE LOAD OF 200# (0.9kN) STEPS, RAMPS AND PLATFORMS SHALL BE DESIGNED FOR 100 PSF (4.8 kPA) LIVE LOAD, 300 LBSCONCENTRATED LOAD AND, BE DESIGNED SO WATER DOES NOT ACCUMULATE ON WALKING

SURFACE
A LANDING MAY BE OMITTED AT THE BOTTOM OF AN EXTERIOR STEP OR RAMP PROVIDED THATTHERE IS NO GATE, DOOR, OR PERMANENT OBSTRUCTION WITHIN THE LESSER WIDTH OF THESTAIR OR RAMP OR 44” MINIMUM BY 72” IN LENGTH.

TOP OF HANDRAILS SHALL BE MOUNTED BETWEEN 34" (864MM) AND 38" (965MM) ABOVE THE WALKING SURFACE.

CLEARANCE BETWEEN RAIL AND WALL SHALL BE A MINIMUM OF 1 1/2" (38MM) GUARD RAILS SHALL BE DESIGNED FOR A CONCENTRATED LOAD OF 200# (0.9kN) APPLIED AT ANYPOINT AND ANY DIRECTION ALONG THE RAIL OR A UNIFORM LOAD OF 50#/L.F. (0.7kN) APPLIEDHORIZONTALLY TO THE GUARD HEIGHT HANDRAILS WITH CIRCULAR CROSS SECTION SHALL HAVE A MINIMUM OUTSIDE DIMENSION OF1-1/4" (31.75MM) AND NOT GREATER THAN 2" (50MM). HANDRAIL-GRIPPING SURFACES SHALL BECONTINUOUS WITHOUT INTERRUPTION BY NEWEL POSTS OR OTHER OBSTRUCTIONS. GRIPPINGSURFACE SHALL BE UNINTERRUPTED BY POSTS OR OTHER CONSTRUCTION ELEMENTS OROBSTRUCTIONS.

HANDRAILS SHALL NOT ROTATE IN THEIR FITTINGS.

ENDS OF HANDRAILS SHALL RETURN SMOOTHLY TO FLOOR, WALL OR POST 1)
2)
3)4)
5)
6)
7)
8)
ALL STEPS SHALL HAVE A UNIFORM RISER HEIGHT AND TREAD WIDTH. TREADS SHALL NOT BE LESSTHAN 11" (279MM) DEPTH AND 7" (178MM) HIGH AND HAVE A MINIMUM WIDTH OF 48" TREAD NOSING SHALL NOT BE ABRUPT OR HAVE A RADIANCE OF MORE THAN 1/2". BOTTOM OFNOSING SHALL BE VERTICAL OR HAVE AN ANGLE NOT MORE THAN 30 DEGREES FROM HORIZONTALPROJECTION AND SHALL NOT EXTEND MORE THAN 1-1/4" (32MM) OVER STEP BELOW IT.

THERE SHALL BE NO VARIATION EXCEEDING 3/8" (9.2MM) DEPTH OF ADJACENT TREADS OR INHEIGHT OF ADJACENT RISERS AND A TOLERANCE BETWEEN LARGEST AND SMALLEST TREAD SHALLNOT EXCEED 3/8" (9MM) IN ANY FLIGHT OPEN RISERS ARE NOT PERMITTED.

OUTDOOR STAIRS AND THEIR LANDINGS SHALL BE DESIGNED SO THAT WATER WILL NOTACCUMULATE ON THE WALKING SURFACE STEPS, RAMPS AND PLATFORMS SHALL BE DESIGNED FOR 100 psf (4.8kPA) LIVE LOAD AND 300 LBSCONCENTRATED LOAD.

WALKING SURFACE SHALL BE OF SLIP RESISTANT MATERIAL SECURELY ATTACHED TO STRUCTURE.

MANEUVERING CLEARANCE ON PULL SIDE OF EXTERIOR DOOR SHALL BE 24" (610MM) WITH 60"(1524MM) LANDING IN FRONT OF DOOR NOTES NOT AUTHORED BY CODY K.

REFERENCE: CBC 2022
DESIGN LOADS:

LIVE LOAD:

HANDRAIL IMPACT:HANDRAIL DIST. LOAD:SNOW LOAD:
100 PSF (4.8 kPa)
200 LBS (0.9 kN)
50 PLF (0.7 kN/m)
30 PSF (1.44 kPa) (min.)

ROUND STEEL TUBE

GALVANIZED SQUARE STEEL TUBE

ALUMINUM DIAMOND PL SHEETALUMINUM SHEETALUMINUM TUBE / EXTRUSIONS ASTM A847ASTM A500 GR. C
3003-H22
5052-H34
6061-T6
6005
Fy= 50 KSI (345 MPa)
Ftu=27 KSI (185 MPa): Fcy=21 KSI (114 MPa)

MATERIALS
6063
Fy= 50 KSI (345 MPa)
Ftu=34 KSI (235 MPa): Fcy=24 KSI (165 MPa)
Ftu=38 KSI (260 MPa): Fcy=35 KSI (240 MPa)
WELDSWELDING SHALL BE IN ACCORDANCE WITH AWS D.1.1-04 USING E70XX ELECTRODES FOR STEELAND AWS A5.10 FOR ALUMINUM, USING ALMIGWELD ER4043 ALUMINUM STEEL CONNECTIONS: CARBON STEEL BOLTS SHALL BE GRADE 5 ZINC PLATED, HOTDIPPED GALVANIZED TO ASTM A153 OR ELECTROGALVANIZED TO ASTM B63.3 A490 BOLTS SHALL NOT BE USED.

FASTENERS SHALL BE LUBRICATED TO ELIMINATE GALLING

ALL STEEL MEMBERS IN CONTACT WITH ALUMINUM SHALL BE ZINC COATED AND DEBURRED TOELIMINATE GALVANIC REACTION RAMP HANDRAILS SHALL BE CONTINUOUS ALONG BOTH SIDES OF RAMP. HANDRAILS SHALL BEPARALLEL WITH THE SURFACE. AT RAMPS WHERE HANDRAIL ARE NOT CONTINUOUS BETWEEN RUNSTHE HANDRAIL SHALL EXTEND HORIZONTALLY 12" (301MM) MINIMUM OVER THE UPPER AND LOWERPLATFORMS Ftu=38 KSI (260 MPa): Fcy=35 KSI (240 MPa)
RAMP SHALL HAVE A MINIMUM CLEAR WIDTH OF 44" WITH NO OBSTRUCTIONS STAIR HANDRAILS SHALL EXTEND HORIZONTALLY AT LEAST 12" (305MM) BEYOND THE BOTTOMRISER. CLEAR SPACE BETWEEN THE WALL OR OTHER SURFACES SHALL BE A MINIMUM 1-1/2"(38MM). HANDRAILS SHALL RETURN TO A WALL

ALUMINUM TUBE / EXTRUSIONS

ALUMINUM TUBE / EXTRUSIONS
 
HANDRAIL GRIPPING SURFACES AND ANY SURFACES ADJACENT TO THEM SHALL BE FREE OF SHARPOR ABRASIVE ELEMENTS AND SHALL HAVE ROUNDED EDGES. (CBC, SEC. 11B-505.8). HANDRAILSSHALL NOT ROTATE WITHIN THEIR FITTINGS. (CBC, SEC.11B-505.9). 9)
10) NO FIELD WELDING
ANCHORAGE TO FOUNDATION SHALL BE THE SCOPE AND RESPONSIBILITY OF THE RAMP INSTALLERAND SHALL MEET ALL LOCAL BUILDING CODE REQUIREMENTS AS ESTABLISHED BY THE LOCALJURISTICTION. 10)
WIND DESIGN CRITERIA: Vult = 115MPH, EXPOSURE = C
234086.23
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 
   

 
 

COMPLETE ACCESS

A DIVISION OF INTEGRATED STAIR

SYSTEMS
 
    
4747 Stevens Creek
Blvd,
Santa Clara,
California 95051, US
 

  
 
5'-2"
7'-0"
Landing
5'-0"
7'-0"
Switchback
  
5'-2"
10'-4"
5'-0" 5'-0" 5'-0" 5'-0"
5'-2"
44" betweenhandrails
  
2 
 
   

NOTERAMPS CAN BE INSTALLED IN BOTH DIRECTIONS
3'-0"
42"
5'-0" 5'-0" 5'-0" 7'-0"
5'-0"
5'-0" 5'-0" 5'-0" 5'-0"
30' MAX 30' MAX

INTERMEDIATE REST

PLATFORM
30' MAX
30' MAX
SLOPE 1:12
SLOPE 1:12
SLOPE 1:12
4" O.C. MAX

LANDING
1'-0" FLAT
5'-0" 5'-0" 5'-0" 5'-0" 5'-0" 5'-0" 7'-0"

RAMP SECTION RAMP SECTION RAMP SECTION RAMP SECTION RAMP SECTION LANDING RAMP WEDGE 44" BETWEENHANDRAILS
   


EVENLY SPACED
RAMPS WITHOUT RESTING PLATFORMS CAN BE CONFIGURED FROM 10' TO 30'

BUILDING ACCESS

BUILDING ACCESS
5 A4
5 A4
5 A4 5
A4
5 A4
5 A4
5 A4
3 A5
3 A5
3 A5
3 A4
3 A4
3 A4
6 A4
6 A4 7
A4
7 A4
7 A4
4 A4
4 A4
4 A4
1 A6
1 A6
2 A4
US PATENT # 7240388-B2
 
1 A6
5'-0" 5'-0"

RAMP SECTION RAMP SECTION RAMP SECTION RAMP SECTION RAMP SECTION RAMP SECTION RAMP WEDGE

RAMP WEDGE

LANDING

RAMP SECTION RAMP SECTION RAMP SECTION

RAMP SECTION RAMP SECTION RAMP SECTION
12" min. Horiz.
for Handrail
 
 

   
12" min. Horiz.
for Handrail 1' Flat
1' Flat
12" min. Horiz.
for Handrail
12" min. Horiz.
for Handrail
12" min. Horiz.
for Handrail
5'-2"
234086.23
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1 2
3 4
5 6
7 8
1"
12"


 
  

 
   

 
 

COMPLETE ACCESS

A DIVISION OF INTEGRATED STAIR

SYSTEMS
 
    
4747 Stevens Creek
Blvd,
Santa Clara,
California 95051, US
 
 

  
 
   
 
       
 
   
   
    
2" X 18"

ALUM SQ SLIDING

POST POCKET
SEE: 3 / A4
42"
4" O.C. MAX
5'-2"
7'-0" OR 5'-2" FOR DECKING
4"
MAX
5"


50"
 


  
 

   
  
  

    
  
12"
 

  
  
  
  

 P  
  
 

  
 
  
 
    
 
 


 

 
 
     

 
 
   
   
42"
  

 

  
 
 
 
 
  
    
  
5"
10'-4"
7'-0"
5'-2"
 
 
        

  
4" O.C. MAX
  

   

   
  
 
   
  
    
  

42"
P  
 
 
   see: 1 / A4

 
 
 
see: 1 /A4
P  
  
 
   
50"

   
   
  
 3 / A5
    
 
  


4 A4
   
  
   
4 A4
6 A4
   
  
   
 
 
 
see: 1 /A4
3 A4
5 A4
3 A4
      see: 1 / A4
4 A4
   
  
   
        
5 A4
DOWN

LEVEL / REST

PLATFORM
3 A4
2 A5
3 A4
2 A4
   
  
   
   see: 1 / A4
   
  
   
        
        
    
or
    
   
  
     
   
  
  
 

 

 

   
  

LEVEL / REST

PLATFORM
78"
60" Min
   see: 1 / A4
 











12" min.Horiz.for Handrail
12" min.Horiz.for Handrail
12" min.Horiz.for Handrail
12" min.Horiz.for Handrail
12" min.Horiz.for Handrail
12" min.Horiz.for Handrail
PROVIDE A 2" WIDE
MIN. CONTRASTING

STRIPE AT THE EDGE OF

THE TREADS
(CBC 11B-504.4.1)
12" min.
12" min.Horiz.for Handrail
12" MIN.
12" min. Horiz. for Handrail
12" min. Horiz. for Handrail
min.
 

 
  
    
    
 

 
 
234086.23
6 &,9 , /
12&(;3

<
( 6,21$/
(1*,1(
(
5 2) 35 '(5(7
,6
*
(5
&$/ , ) 51 , 2) (7 $7 $ 6 2
0$+$))(< -$ <(/, 5
2023
07/26/2023
6 &,9 , /
12&(;3

<
( 6,21$/
(1*,1(
(
5 2) 35 '(5(7
,6
*
(5
&$/ , ) 51 , 2) (7 $7 $ 6 2
0$+$))(< -$ <(/, 5
2023
07/26/2023
8-..
________,,,,,,,
1 2 3 4
5 6 7 8
 


 
  

 
   

 
 

COMPLETE ACCESS

A DIVISION OF INTEGRATED STAIR

SYSTEMS
 
    
4747 Stevens Creek
Blvd,
Santa Clara,
California 95051, US
 

  
 
                    
 
    
  
 
   

  
  
  
    

 
 
   
1 1/2"MIN

JOIST PER PLAN

DIAMOND PLATEDECK

1.6" SQ. X 0.15" ALUM. OR1.5" SQ 14GA GALV. STEELSLIDING POSTINSIDE POCKET 2" X 2" X 0.150"
ALUM. ANGLE

RAIL POST
SLEEVE
5/8" [M16]

ASTM ZINC

PLATED BOLT
 
 
114"X 18"
ALUM. SQ. TOP RAIL
2" SQ. X 18"
ALUM. SQ. RAIL
POST SLEEVE 5
8" [M16]
ZINC SQ. NUT.


 
  
   
   
  
   
 
   
  
   
     
     / SPECIAL CHANNEL            
1/8 1-2
     
5"
3/4"
    
     
  
1/8
1/8 1.5-161/8 1.5-16
 
1/8 1.5-161/8 1.5-16
1/8 1-2
 
 



 
1/8 1.5-16
 
1/8
    
1/8
   
 
1/8 TYP.
 
 
   
 

SPECIAL CHANNEL
2"X0.188" [51X4.8] SQ.ALUM. POCKET
5/8" [M16]
SQ. NUT
1-1/4"X1/8"ALUM. (6066-T6) SQ. TOPHORIZONTAL RAIL
5/8" [M16] BOLT 42"
30" MIN

WALKING

SURFACE
4"X4"X1/4"ALUM. BASE PLATE
20" MAX
1 1/4" x 1 1/4"SPECIAL CHANNELINSIDE SLIDING POST

1.6" SQ X 0.15" ALUM OR1.5" SQ X, 14GA GALV. STEELSLIDING POSTINSIDE POCKET

1.6" SQ X 0.15" ALUM OR1.5" SQ X, 14GA GALV. STEELSLIDING POSTINSIDE POCKET       
3/16
6 A4

7 A4
    
  


1.25 1.25
.188 .656
.125

ALUMINUM EXTRUSION

SPECIAL CHANNEL
/ LEG CHANNEL
 
1 1/4" x 1 1/4"SPECIAL CHANNELINSIDE SLIDING POST
5/8" [M16]SQ. NUT

WALKINGSURFACE
2"X0.188" [51X4.8] SQ.

ALUM. POCKET
5/8" [M16]SQ. NUT
4"X4"X1/4"ALUM. BASE PLATE
5/8" [M16] BOLT
5/8" [M16] BOLT
 

      
            2"X2"X0.150" or4"X2"X0.150"ALUM. ANGLE BOTTOMRAIL TOE GUARDW/ 1/8"X2" FILLET WELDTO RAIL POST SLEEVE 234086.23
6 &,9 , /
12&(;3

<
( 6,21$/
(1*,1(
(
5 2) 35 '(5(7
,6
*
(5
&$/ , ) 51 , 2) (7 $7 $ 6 2
0$+$))(< -$ <(/, 5
2023
07/26/2023
6 &,9 , /
12&(;3

<
( 6,21$/
(1*,1(
(
5 2) 35 '(5(7
,6
*
(5
&$/ , ) 51 , 2) (7 $7 $ 6 2
0$+$))(< -$ <(/, 5
2023
07/26/2023
111 °
~ ---------
j
_L
1 2
4 3
 
  

 
   

 
 

COMPLETE ACCESS

A DIVISION OF INTEGRATED STAIR

SYSTEMS
 
    
4747 Stevens Creek
Blvd,
Santa Clara,
California 95051, US
 
 
 
  
 

0.10"
1 0
1 /4
"
3/4"
1/8
  
     
  
     
    
   
 
    
     
  
 
   
    
  
  
   
  
 
1 1/2" MIN    
  
























   
  
   
  
     
  
    
 
12"
" MAX 7
 
  
  
     4" O.C. MAX
  P 
 

  
 
   

       
 

1/8 1/2
   
  
     
  
    
  
 

5'-2"   
    
2'-0"

EXTENSION
48"
5'-2" BETWEEN HANDRAILS 4'-6"
  
   
    
  
SEE: 6 / A4
42"
36"
1 1/4" x 1 1/4"

SPECIAL CHANNEL

INSIDE SLIDING POST
1 1/4" x 1 1/4"SPECIAL CHANNELINSIDE SLIDING POST
3 A5
1 A5
   
  
   
   
  
   
3 A4
7 A4
7 A4
     
2 A5
     
 
12" min.
12" min. Horiz.for Handrail
PROVIDE A 2" WIDE
MIN. CONTRASTING

STRIPE AT THE EDGE OF

THE TREADS
(CBC 11B-504.4.1)
    
24 1/2"
234086.23
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07/26/2023
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 
  

 
   

 
 

COMPLETE ACCESS

A DIVISION OF INTEGRATED STAIR

SYSTEMS
 
    
4747 Stevens Creek
Blvd,
Santa Clara,
California 95051, US
 



  
 
1/8 1/8
     
 
     
  
   
  
  

             
 
      
 
 
 
  

    
 
 
  
 
  
             
   
 
 
     
     
Asphalt Layer
     
234086.23
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2023
07/26/2023
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07/26/2023
 
  

 
   

 
 

A DIVISION OF INTEGRATED STAIR

COMPLETE ACCESS

SYSTEMS
 
    
4747 Stevens Creek Blvd,
Santa Clara,
California 95051, US

 
 
 
 
TO THE NEXT SHEET FOR THE ASSEMBLY REQUIRMENTSNOTE: THIS SHEET SHOWS THE GENERAL SITE CONDITIONS. REFER   234086.23
6 &,9 , /
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(
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0$+$)
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2023
07/26/2023
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07/26/2023
 
  

 
   

 
 

COMPLETE ACCESS

A DIVISION OF INTEGRATED STAIR

SYSTEMS
 
    
4747 Stevens Creek Blvd,
Santa Clara,
California 95051, US
 

 
 
 
1 2 3
 
         
  
 
               
             
 
 
 
 

                  1)
   
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                                                                                                                             
        
                1)
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  
                                                                                                                                                
                                                     
                                         
   
       
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 
  

 
   

 
 

COMPLETE ACCESS

A DIVISION OF INTEGRATED STAIR

SYSTEMS
 
    
4747 Stevens Creek Blvd,
Santa Clara,
California 95051, US
 
 

 
 
 
1 2 3
4 5 6
7 8
10 9 11 12

 



































                       
              



 


 
  
  
   
42"




  
  
   

7.875"
typ
12"
   

 
 
 
60"
12"
40"
2' to 7'
  
                     
    
    
   
  
  
  
  
  
    
  

 

             
7 A2
9 A2
 

                     
      
 


   
    
      
 

 
  
 
 
   

  
  


    
   

  
 
  
 

   
 

  
  
 

  
  
  
 
  
  
 
 

 
 
 
 
      \       

 
 

  
  

 
 

 
 
 

 
















































 
 

 
 

8 A2
    
 
   
    
 

 
 
  
    
   

  
                

36.50"
234086.23
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&$/ , ) 51 , 2) (7 $7 $ 6 2
0$+$))(< -$ <(/, 5
2023
07/26/2023
~--==~
I
_l
l
1 11
• 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0
• 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0
0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 •
• 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 •
0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0
• 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 • 0
0 • 0 • 0 • 0 • 0 • 0 • 0 • 0 •
• 0 • 0 • 0 • 0 • 0 • 0 • 0 •
0 • 0 • 0 • 0 • 0 • 0 • 0 •
• 0 • 0 • 0 • 0 • 0 • 0 •
0 • 0 • 0 • 0 • 0 • 0
0 0 o
 
  

 
   

 
 

COMPLETE ACCESS

A DIVISION OF INTEGRATED STAIR

SYSTEMS
 
    
4747 Stevens Creek Blvd,
Santa Clara,
California 95051, US
 
 

 
 
 
1/8 1/8
1 23 4
5 6
7 8
9 10
11 12
13 14
15 16 17 18

 

 

1 1/4" X 1 1/4"

ALUMINUM SPECIAL

LEG CHANNEL
4"X4"X 1/4"ALUMINUM BASE PLATE

PAVED OR

UNPAVED
GROUND
(2) 2 X 10. 12" LONG(OR LARGER) P.T.PAD CENTERED TOCOLUMN POST        

SPECIAL CHANNEL
4" X 4" X 14" ALUM. BASE
PLATE W/ (1) 12"P X 3" LAG

SCREW CENTERED ON PAD
1" TYP

PAVED OR

UNPAVED
GROUND

SPECIAL CHANNEL
4" X 4" X 1/4" ALUM. BASEPLATE W/ (1) 1/2"P X 3" LAG

SCREW CENTERED ON PAD
(2) 2 X 10. 16" LONG(OR LARGER) P.T.PAD CENTERED TOCOLUMN POST 1" TYP
.125
.656
.188

1.25 1.25
  
40" or 60"
                              
    
      
       
     
           
      
 
   
  
 

 
  
 

 
 

 
      
      
   
   
 
 
 
 
 
     
 
   
 
 
5 A3
5 A3
7 A3
7 A3
9 A3
9 A3
   
  
 
  
 
  
 

  

 
  

 






























  

 



 
 
  

 
   

     
   
  
  
  
  


  


 

 















1.60 1.60
.120
.150

 
 
      

  
 


  
 
  
 
 

      
            
 
 
 
  

  
   
 
 
      
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File: PLN23-00488
Location: 4747 Stevens Creek Boulevard, located north of Stevens Creek Boulevard (APN: 296-21-010)
Applicant: Nina Raey
Owner: Stevens Creek Motors, Inc.

Request: Temporary Modular Trailers for Acura Car Dealership General Plan Designation: Regional Commercial
Zoning Designation: Thoroughfare Commercial
Environmental Determination: Categorically Exempt per Section 15304 of CEQA, minor alterations to land
FACTS
The Director of Community Development finds that the following are the relevant facts regarding this proposed project:

1. The project site has a Regional Commercial General Plan land use designation.

2. The project site is zoned Thoroughfare Commercial (CT) and is located at 4747 Stevens Creek Boulevard, in the City of Santa Clara.

3. Surrounding land uses within the vicinity of the project site are commercial and residential uses.

4. The Acura Dealership will soon commence a renovation project that will displace some operations and employees. To transition the displaced operations and employees, the project proposes a temporary facility, which will consist of a pre-manufactured 60 feet by 36 feet office trailer and a 48 feet by 12 feet restroom trailer located in the North parking lot and requires a Special Permit pursuant to the Zoning Ordinance. The temporary office trailer will be on-site for nine months. The hours of operation will be from 7:00 a.m.-6:00 p.m., Monday through Saturday.

5. Parking is available on the property to serve the business and customers.

6. The project site is owned by Stevens Creek Motors, Inc. and the applicant is Nina Raey.

7. The project submittal includes a Planning application, site plan, and written project description from applicant that are attached to, and part of, this Special Permit.

SPECIAL PERMIT
Planning Division
Andrew Crabtree, Director of Community Development
Special Permit – 4747 Stevens Creek Boulevard
File: PLN23-00488
December 5, 2023

Page 2 of 3 ends

FINDINGS
The Director of Community Development finds that based on an analysis of the facts presented above, that:
(1) The facility, under the circumstances of the particular case, is essential or desirable to the public convenience or welfare in that:
 The Special Permit will allow Acura Car Dealership to continue operations during the remodel of the main dealership.
(2) The facility will not be detrimental to the health or safety of the persons residing in the neighborhood in that:
 The proposed trailer is temporary and small in scale. Sufficient parking will still be available on-site. The temporary use is not expected to create a significant increase in traffic or parking in the area.
(3) The facility will not be detrimental to the property or improvements in the neighborhood in that:
 The proposed trailer is temporary and does not involve permanent changes or improvements to the property or surrounding neighborhood. (4) The facility will not impair the integrity or character of the zoning district in that:
 The proposed trailer is temporary and subject to conditions to preserve the integrity of the zoning district in which the property is located
(5) The facility will not create a significant increase in the traffic to and from the premises or in the on-street parking within five hundred (500) feet in that:
 Traffic and parking from the proposed use are not expected to negatively impact the surrounding area.

Special Permit – 4747 Stevens Creek Boulevard
File: PLN23-00488
December 5, 2023

Page 3 of 3 ends

APPROVED SUBJECT TO THE FOLLOWING CONDITIONS:

1. Special Permit shall be valid for nine months;

2. Hours of Operation: Monday through Saturday from 7:00 a.m. to 6:00 p.m.;

3. The applicant shall comply with all Zoning Ordinance regulations regarding temporary and permanent structures;

4. The applicant shall obtain and comply with all applicable Santa Clara Building Division and/or Fire Department directives, permits, and requirements, including but not limited to temporary electrical and tent permits;

5. No other structures shall be erected in conjunction with this Special Permit;

6. The applicant shall obtain temporary sign permits for all temporary signs;

7. There shall be no “searchlight” beams, streamers, or roof-mounted balloons;

8. Upon conclusion of the temporary use, the parking lot shall be cleaned and returned to its prior condition;

9. The use shall operate in a manner that does not create a public or private nuisance; and

10. This Special Permit is subject to revocation by the Planning Division for violation of any of its conditions of approval.

Approved:
_____________________________ Dated: December 5, 2023
Andrew Crabtree
Director of Community Development
I:\PLANNING\2023\Project Files Active\PLN23-00488 4747 Stevens Creek Blvd (Special Permit)\4747 Stevens Creek Boulevard Special Permit.doc City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1312 Agenda Date: 12/5/2023

REPORT TO COUNCIL

SUBJECT
Action on Software License Agreement with ZE PowerGroup Authorizing Increase to Maximum Compensation, Authorizing City Manager to Negotiate and Execute Amendments, and Ratifying Prior Payments

COUNCIL PILLAR
Deliver and Enhance High Quality Efficient Services and Infrastructure

BACKGROUND
In 2016, the City entered into an agreement with ZE PowerGroup for the purchase of an end-to-end solution designed for collecting data, performing complex analysis, automating business processes, and integrating with third party systems. ZE PowerGroup’s software, called ZEMA software, increases accessibility, productivity and accuracy for energy scheduling, settlements, metering, and reporting. The ZEMA software allows Silicon Valley Power (SVP) to centralize various tools, programs, and systems under one platform, enabling the creation of near real-time reports that include energy market prices, electric load/generation, and gas prices. This allows staff to make better informed decisions and analyze the performance of power generation assets. ZE PowerGroup was originally selected through a competitive process, but the agreement was not Council-approved because the value of the agreement, as known in the first year, was below the requisite threshold for Council approval. Because the agreement automatically renews annually, after the first year, this agreement should have been submitted to City Council for authorization.

DISCUSSION
This report requests two authorizations as follows:

Ratification of Agreement Exceeding $250,000
The initial term of the agreement with ZE PowerGroup commenced in 2016 and has been renewed annually, with a maximum compensation of $80,000 for the first year. During a recent contract review, staff identified that the total payments made under the contract since its inception have exceeded $150,000 (the staff level authorization at the time the agreement was executed in 2016).

According to Section 2.105.300(a) of the Santa Clara City Code, contracts with a value exceeding $250,000 over a five-year period require approval by the City Council. As a result, staff is seeking City Council ratification of the payments made to ZE PowerGroup after the first year totaling $638,917.54 (total payments of $718,917.54 less $80,000 within staff approval threshold).

To avoid this similar situation in the future, in addition to ongoing internal review of any new agreements submitted for execution to assure long term costs and required authorizations are known, staff is regularly reviewing existing agreements and ongoing payments.

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23-1312 Agenda Date: 12/5/2023
Authorization for Continued Use of the ZEMA Software
The ZEMA software has been critical to SVP’s management of multiple generation resources. This tool is utilized across multiple business units of SVP to benchmark asset performance, provide meter validation, aid in compliance reporting to various state agencies, and budget forecasting, to name a few. Therefore, as part of this report, staff is seeking authorization to renew the agreement annually through June 30, 2030, authorize the City Manager to negotiate and execute future amendments to add/delete services required to support the system, and increase the maximum approved compensation to $1,600,000, subject to the appropriation of funds and approval by the City Attorney as to form. SVP expects to continue using this software product (via automatic annual renewal) through fiscal year 2030, and the request for approval reflects the cost associated with that period of time. The breakdown is provided in Table 1 below.

Table 1
Description Total
Actual Total Payments (2017-2023) $ 718,917.54
Estimated Total Payments (2024-2030)* $ 680,976.16
Contingency $ 200,106.30
Not-to-Exceed Maximum Compensation (including
amendments or price escalation exceeding 3% annually)
$1,600,000.00
*Since the agreement was executed in 2016, the fee has increased annually, pursuant to the price escalation term in the agreement. This has typically been 3% but has been higher. The current annual fee is $102,210.88. Assuming a 3% annual increase, the estimated total payment for FY 2024-2030 is $680.976.16. Staff recommends additional authorization as a contingency in case there are future years where the annual increase is higher than 3% or in the event that an amendment is negotiated for additional services or products.

ENVIRONMENTAL REVIEW
The actions being considered do not constitute a “project” within the meaning of the California Environmental Quality Act (“CEQA”) pursuant to section 15060(c)(2) of Title 14 of the California Code of Regulations as it will not result in a direct or reasonably foreseeable indirect physical change in the environment as the proposed actions involve the extension of an existing software agreement to facilitate certain administrative actions, such as, energy scheduling, settlements, metering, and reporting.

FISCAL IMPACT
The total cost of this Agreement was $718,917.54 over the eight-year period from 2016 to 2023.

Staff recommends authorization for an additional $818,082.46 for an additional six-year period through FY 2029/30 for a total maximum compensation of $1,600,000. Sufficient funds are available in Electric Utility Fund in the FY 2023/24 Adopted Operating budget SVP Risk and Settlements program.

Funding for future years will be included in future proposed operating budgets through the budget process.

COORDINATION
This report has been coordinated with the Finance Department and City Attorney’s Office.

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23-1312 Agenda Date: 12/5/2023

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]> or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION

1. Authorize that the maximum compensation of the ZE PowerGroup and Silicon Valley Power Software License Agreement-Subscription Model (Agreement) be increased to a not to exceed amount of $1,600,000 through FY 2029/30, subject to budget appropriations;

2. Authorize the City Manager to negotiate and execute amendments to the Agreement to add or delete services as may be required by the City subject to the maximum compensation limit and the review and approval as to form by the City Attorney; and

3. Ratify prior City payments to ZE PowerGroup in an amount of $638,917.54 for ZEMA Software and subscription services provided pursuant to the Agreement, funded by Silicon Valley Power operating funds.

Reviewed by: Manuel Pineda, Chief Electric Utility Officer Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. ZE PowerGroup Software License Agreement-Subscription Model City of Santa Clara Page 3 of 3 Printed on 12/1/2023
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(1) ZE PowerGroup Inc.
-and-
(2) Silicon Valley Power
Software License Agreement-Subscription Model
Table of Contents
Definitions................................................................................................................................................................4 Part 1 - License Agreement.................................................................................................................................... 6

1. Grant of Rights............................................................................................................................................ 6

2. Charges and Payments...............................................................................................................................6

3. Proprietary Rights....................................................................................................................................... 7

4. Proper Usage............................................................................................................................................. 7

5. Confidentiality..............................................................................................................................................8

6. Termination..................................................................................................................................................8

7. Representations, Undertakings and Warranties.........................................................................................8

8. Indemnity.....................................................................................................................................................9

9. Liability........................................................................................................................................................ 9

10. Assignment............................................................................................................................................10

11. Governing Law and Jurisdiction............................................................................................................10 Part 2 - Schedules.................................................................................................................................................13 Schedule A - Software License.........................................................................................................................13 Schedule B - Additional Licensing Options.......................................................................................................14 Schedule C - Schedule of Support Fees.......................................................................................................... 15 Schedule D - Training Details............................................................................................................................ 16 Schedule E - Support Agreement..................................................................................................................... 17

1. Support Services.......................................................................................................................................17

2. Service Level Agreement..........................................................................................................................17

Page 2 of 18 ends

Software Agreement-Subscription Model
Effective Date: October__, 2016
THIS SOFTWARE AGREEMENT (the "Agreement") is made and entered into as of the Effective Date written above BETWEEN:

Introduction:
(A) Licensor wishes to grant Licensee with the following for Licensee's business purposes and as provided for in the Agreement:
(1) Subscription-based access to use the software
(B) This Agreement is divided into the following parts:
(1) Definitions: contains definitions for words and phrases that are applicable throughout all parts of the Agreement below
(2) Part 1: "License Agreement" contains the terms and conditions relating to software license (3) Part 2: "Schedules" contains additional terms relating to the use of and fees for the software license Software Agreement - Subscription Model

Page 3 of 18 ends

Party: Licensor
Name:
............. __ ~ ----
Address:

ZE PowerGroup Inc. .. ····-----1• . ---·---·-.. --··. ... . ....................... . ; 130-5920 No. 2 Road
Richmond, BC V7C 4R9
I Canada
Incorporation: British Columbia
City of Santa Clara dba Silicon Valley Power , ___ .,.,_ .. , ................ _, ______ .... _.,_, _____ .. ·--· - .. , .. ···•·•-·-·· .,.,._., .. ' ···•·--~--.. --.... , .. __ ,, ·-·----~ ........... -. 1500 Warburton Avenue
Santa Clara
California 95050
California
Definitions
In this Agreement, each word or phrase listed below has the meaning designated. All definitions below apply throughout the Agreement.

Anniversary Date means the anniversary of the first day of the Annual Year Annual Year means each consecutive 12-month period commencing on the subscription access to the Software Application means each module within the Software
Authorized User(s) means regular and contract employee(s) of Licensee that have a business need to use the Software for the business purposes of Licensee
Bug means a defect or an unintended property of the Software that gives rise to the program failing to function pursuant to the Software's then-stated documentation and functionality Confidential Information means all information of a confidential or proprietary nature relating to the business, prospects or activities of the party in question, including, but not limited to, trade secrets, intellectual property, customer and prospect lists, trade names, or other proprietary information, which is given to, generated by, or otherwise comes into the possession of the other party in the course of negotiation or performance of the Agreement and the terms of the Agreement
Data means any and all data inputted or imported into or generated from the ZEMA Database and the Software that is collected or generated on behalf of Licensee
Data Processor or Processor means the collection of a single electronic source file that is then imported to a target destination in the ZEMA Database
Dispute means any difference of interpretation or legal dispute arising out of or in connection with the Agreement or services provided
Index means the inflation rate most recently published by Statistics Canada (CPI) Law means all laws (including the common law), statutes, and regulations which are legally-binding and which are applicable to the Agreement and to any activities of the parties undertaken pursuant or in relation to the Agreement
License Agreement means the agreement outlining the terms and conditions for licensing the Software and is included as Part 1 - License Agreement of the Agreement License Fee means the fee associated with the subscription-based access to use the Software, as provided for in Part 2 - Schedules of the Agreement; the License Fee listed is in United States dollars Resolution means a remediation of the Software (inclusive of changing the underlying Source Code if required) Definitions

Page 4 of 18 ends

Schedule means a schedule that is included in the Agreement Software is the subject of the Agreement and commercially referred to as ZEMA which is defined in Schedule A - Software License of Part 2 - Schedules of the Agreement, plus any and all Updates provided through Schedule E - Support Agreement
Source Code means human readable computer programming code ZEMA Database means the targeted database in which the licensed Data Processors input Data into Definitions

Page 5 of 18 ends

Part 1 - License Agreement
THIS LICENSE AGREEMENT is made on and entered into as of the Effective Date, as defined on page 3 of this Agreement;
WHEREAS Licensee and Licensor enter into this License Agreement pursuant to which Licensee acquires from Licensor the right to use the Software described herein;
IN CONSIDERATION of the mutual covenants and undertakings contained herein, and intending to be legally bound, the parties agree as follows:

1. Grant of Rights

1.1 License Rights: Pursuant to the payment terms provided in this License Agreement, and subject to the terms and conditions of the Agreement, Licensor shall provide Licensee with subscription access to use the Software: (i) entitling Licensee to use the Software in the furtherance of its business purpose, and (ii) entitling Authorized User(s) to access and use the Software. Licensee shall pay the applicable License Fee and comply with any use restrictions set forth in the Agreement. Licensee acknowledges that Licensor has the right to license, lease or sell the Software to other users.

1.2 Initial Term: The term of this License Agreement shall begin on the effective date, subject to the provisions for termination set forth herein, shall be for an "Initial Term" of One (1) Year. Thereafter, it is at Licensee's option each Annual Year whether to subscribe to the Software.

1.3 Renewal: After the Initial Term, this License Agreement shall automatically terminate unless renewed by mutual agreement based on written notification received at least 10 days in advance of the termination date for additional terms by the Licensee.

2. Charges and Payments

2.1 License Fee payment terms: The annual License Fee payable by Licensee to Licensor for the nonexclusive right to a subscription based access to use the Software is set forth in Schedule A - Software License of Part 2 - Schedules.

2.2 Customization or increased functionality: If Licensee licenses Applications, Authorized Users, Data Processors, or makes customizations over and above Schedule A - Software License of Part 2 - Schedules, the applicable license fees shall be invoiced separately in accordance with Schedules B and C of Part 2 - Schedules.

2.3 Interest on late payment: Licensee shall pay interest on any undisputed overdue amount, if such late payment is not cured within 30-days' notice from Licensor of late payment, from due date until payment is made in full at one point five percent (1.5%) per annum over the Bank of Canada rate.

2.4 Disputed invoices: If Licensee disputes any sum included in a valid invoice issued by Licensor, it shall notify Licensor of the Dispute and the amount to which it relates. Licensee shall be obliged to pay any undisputed balance of the invoice in accordance with the terms herein. If resolution of any Dispute results in Licensee agreeing to make payment to Licensor, Licensor shall invoice the agreed amount to Licensee and Licensee shall be obliged to pay the invoice in accordance with the terms herein.
(1) License Agreement

Page 6 of 18 ends

2.5 Payment of invoices: Subject to clause 2.4, Licensor shall pay all invoices within thirty (30) days of receiving a correct invoice.

2.6 Taxes and duties: Licensee shall pay all applicable taxes and duties arising out of the Agreement with the exception of any taxes levied on Licensor's personal property, net income or gross income.

2.7 Non-Refundable: All fees are non-refundable except as provided in the Agreement.

3. Proprietary Rights

3.1 Proprietary rights to the Software: Licensor is deemed to own the intellectual property rights in or to the Software; and nothing in the Agreement is construed to convey to Licensee any intellectual property rights in or to the Software other than the rights set forth in the Agreement and the applicable Schedules. Modifications and customizations: All modifications and customizations to the Software made by Licensor are the sole property of Licensor and Licensor maintains full proprietary rights over such modifications and customizations.

4. Proper Usage

4.1 Software usage: Licensee agrees that it shall only use the Software in the form in which it was supplied and/or updated by Licensor in accordance with the terms and conditions of the Agreement. Usage of the Software that can result in competition with Licensor's development activities is not intended or permitted.

4.2 Data providers: Licensee shall be responsible for ensuring that Licensor, acting on behalf of Licensee, has the right to set up and configure Data Processors to access and collect Data from any non-public data source sites requiring a separate subscription with Licensee, with indemnity protection to Licensor from any third party claim to the contrary. Licensee acknowledges that it bears the full cost of acquiring data that is paid by Licensee directly to the data providers. Licensor's role is to provide software to house and manage data; it is not a reseller of data. Licensee shall be fully responsible for any violations of its data licensing agreements and must maintain licenses to the same extent to which Licensee is using the data through Licensor.

4.3 Proof of subscription: Licensee may be required to provide Licensor with login information for access to data providers. Licensor shall keep the information confidential and only use it to download data on Licensee's behalf in accordance with the terms of agreement between Licensee and the respective third party.

4.4 Continuity: The failure of either party in one or more instances to insist on strict adherence to any of the provisions in the Agreement shall not be construed as a waiver or relinquishment of the right to assert or rely upon such term or provision on any occasion. The headings are for convenience only and shall not affect the meaning of the Agreement.

4.5 Authorized User(s): Licensee shall provide Licensor with the name(s) of the Authorized User(s) in advance. Licensee shall notify Licensor in writing should Licensee wishes to change the Authorized User(s) or of any departure(s) of the Authorized User(s) in order for Licensor to grant access to other users. Each Authorized User(s) must agree and abide to the terms and conditions of the Agreement.

4.6 Unauthorized access: Licensee shall use all reasonable measures to ensure that it does not allow unauthorized access to the Software.
(1) License Agreement

Page 7 of 18 ends

5. Confidentiality

5.1 Duty to preserve confidentiality: Each party shall keep confidential all Confidential Information of the other party which comes into its possession or control or is learned, shall not copy or disclose the Confidential Information in whole or in party to any third party, nor permit access to it by any third party, in each case without prior written consent of the other party except as permitted by clause

5.2. 5.2 Rights of disclosure: Each party shall be permitted to divulge the Confidential Information of the other party if required by law, regulation or judicial order provided that the disclosing party provides the other party reasonable notice and opportunity to protect its interest

5.3 Exceptions to Confidential Information: Notwithstanding the above, the term Confidential Information does not include information that: (i) is in the public domain at the time of disclosure; (ii) was in the possession of or demonstrably known by a party prior to its receipt from the other; (iii) is independently developed by a party without the use of any Confidential Information provided by the other; or (iv) becomes known to a party from a source other than the other party without breach of the first party's obligations under the Agreement.

5.4 Internal distribution: Except as otherwise stated in the Agreement, Licensee shall not permit any of its employees, contractors or consultants to communicate (orally, in writing, electronically, or otherwise), redistribute, or furnish all or any portion of the Software to any person for any reason except the Authorized User(s). Licensee shall be permitted to reasonably distribute outputs from the Software per the terms of the Agreement.

6. Termination

6.1 Termination for material breach: Either party, by written notice, may terminate this License Agreement upon material breach, such as failure to abide by the terms set forth in Section 7, failure to develop data processors in a reasonable amount of time, or breaking confidentiality terms as outlined in Section 5 herein, whereby the breach has remained uncured after thirty (30) days' written notice by the non-breaching party.

6.2 Licensee termination on notice: After the Initial Term as set forth in clause 1.2 of this License Agreement, Licensee may terminate the License Agreement by providing three (3) months' written notice prior to the next Anniversary Date.

6.3 Effect of termination: Termination of the License Agreement shall terminate the subscription-based access to the Software.

6.4 Confidentiality upon termination: Upon termination of this License Agreement, all confidentiality provisions within this License Agreement shall survive such termination and both parties shall keep confidential the terms of the Agreement and all matter relating to the Software except as otherwise provided herein. The parties may only by mutual written consent relax the confidentiality requirements. Licensee shall have the right to provide copies of the Agreement to its attorneys, accountants and regulators and in response to any subpoenas or other judicial requests.

7. Representations, Undertakings and Warranties

7.1 Mutual representation and warranty: Each party represents and warrants to the other that it has full power and capacity to execute, deliver, and perform its obligations under the Agreement. (1) License Agreement

Page 8 of 18 ends

7.2 Additional Licensor representations, warranties and undertakings: In addition to clause 7.1, Licensor warrants, represents and undertakes to Licensee that:
(i) it owns the copyright and all other intellectual proprietary rights in and to the Software; (ii) it has the right to develop the Software and to license the Software to Licensee; (iii) the Software does not infringe any copyright or other intellectual proprietary right of any person; and
(iv) the Software shall be in good working order, developed in accordance with industry standards and capable of performing the intended functions.

7.3 Exclusion of statutory warranties: Except as expressly stated in the Agreement, all warranties implied by statute, common law or otherwise are excluded to the extent permitted by Law.

7.4 Other representations or warranties: Except as specifically provided in the Agreement, Licensee acknowledges that there are no other representations or warranties relating to the Software or the Agreement, whether expressed or implied.

8. Indemnity

8.1 Licensor indemnity: Licensor shall at all times defend, indemnify and hold harmless Licensee and Licensee's directors, officers, and employees from and against any and all claims, causes of action, damages, expenses, and costs (including but not limited to reasonable attorney and expert fees) arising from any and all claims or allegations that the Software infringes a third party intellectual property rights, including, but not limited to, patents, copyrights, and trade secrets.

8.2 Hold Harmless/lndemnification: To the extent permitted by law, Contractor agrees to protect, defend, hold harmless and indemnify City, its City Council, commissions, officers, employees, volunteers and agents from and against any claim, injury, liability, loss, cost, and/or expense or damage, including ail costs and reasonable attorney's fees in providing a defense to any claim arising therefrom, for which City shall become liable arising from Contractor's negligent, reckless or wrongful acts, errors, or omissions with respect to or in any way connected with the Services performed by Contractor pursuant to this Agreement.

9. Liability

9.1 Limitation of liability: EXCEPT FOR CLAIMS OF INFRINGEMENT PURSUANT TO CLAUSE 8 - INDEMITY AND TO THE EXTENT OTHERWISE EXPRESSLY PROVIDED IN THIS CLAUSE 9 - LIABILITY, NEITHER PARTY

IS LIABLE UNDER THE AGREEMENT TO THE OTHER PARTY (INCLUDING ANY PERSON OR ENTITY

CLAIMING THROUGH THE OTHER PARTY) FOR THE OTHER PARTY'S LOST PROFITS OR SPECIAL,

INCIDENTAL, INDIRECT, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING OUT OF OR IN ANY

MANNER IN CONNECTION WITH THIS AGREEMENT OR ITS SUBJECT MATTER, REGARDLESS OF THE

FORM OF ACTION AND WHETHER OR NOT THE NON-CLAIMING PARTY HAS BEEN INFORMED OF, OR OTHERWISE MIGHT HAVE ANTICIPATED, THE POSSIBILITY OF SUCH DAMAGES. THE LIMITATIONS SET FORTH IN THIS CLAUSE 9.1 OR ELSEWHERE IN THE AGREEMENT DO NOT APPLY TO OR TAKE INTO ACCOUNT DAMAGES RESULTING FROM:

9.1.1 FOR PERSONAL INJURY, DEATH OR DAMAGE TO PHYSICAL PROPERTY CAUSED BY ITS NEGLIGENCE OR WILLFUL MISCONDUCT;

9.1.2 FOR BREACH OF A THIRD PARTY'S INTELLECTUAL PROPERTY RIGHTS; (1) License Agreement

Page 9 of 18 ends

9.1.3 FOR BREACH OF CLAUSE 5 - CONFIDENTIALITY

9.2 Licensor's aggregate liability: Except for clause 8 - Indemnity and damages resulting from clauses

9.1.1, 9.1.2, and 9.1.3 above, Licensor's maximum aggregate liability to Licensee in any event shall be limited to the sum of then current term's License Fee of the Software as set out in the Agreement.

9.3 Effects from output of Software: Licensor shall not be liable for any outcomes resulting from decisions made based on outputs from the Software.

9.4 Data integrity: Licensor shall not be responsible for the integrity of the Data provided by the data providers. Licensor serves to provide software to download, house and make Data available to Licensee.

10. Assignment

10.1 Binding nature: The Agreement shall be binding on Licensor and Licensee and their respective successors and permitted assigns.

10.2 Rights to Assign: Both parties acknowledge that the other party may assign its rights hereunder to any other company controlled by the other party or its principals, subject to the assigned party honoring the terms of the Agreement and providing equivalent support.

11. Governing Law and Jurisdiction
This Agreement, and any disputes arising out of or in connection with it or its subject matter or formation (including non-contractual disputes or claims) shall be governed and construed at all times in accordance with the laws of California and, all disputes arising hereunder shall be heard in a court of California.

12. Insurance Requirements
During the term of this Agreement, Contractor shall provide and maintain in full force and effect, at no cost to City insurance policies with respect to employees and vehicles assigned to this Software Agreement under this Agreement with coverage amounts, required endorsements, certificates of insurance, and coverage verification as defined below.

A. Commercial General Liability (CGL), with policy limits not less than $1,000,000 for each occurrence covering bodily injury and property damage;

1. CGL Primary Insurance Endorsement; and

2. This CGL policy shall include an endorsement which adds the City of Santa Clara, its Council, employees, and officers as additional insureds. (1) License Agreement

Page 10 of 18 ends

B. Business Automotive Liability (BAL), with policy limits not less than $1,000,000; and C. Workers' Compensation and Employers' Liability with policy limits of California statutory limits.

All insurance certificates, endorsements, coverage verifications and other items required pursuant to this Agreement shall be mailed directly to the City's insurance compliance representative as follows:

EBIX Inc.

City of Santa Clara Electric Department
P. O. Box 100085 - S2 or 1 Ebix Way
Duluth, GA 30096 John's Creek, GA 30097
Telephone number: 951-766-2280
Fax number: 770-325-0409
Email address: ctsantaclara@ebix. com
This Agreement may be executed in counterparts, each of which shall be deemed to be an original, but both of which shall constitute one and the same instrument; and, the Parties agree that signatures on this Agreement, including those transmitted by facsimile, shall be sufficient to bind the Parties.

IN WITNESS WHEREOF, the parties hereto, each by a duly authorized representative, have executed this License Agreement as of the Effective Date.

ZE PowerGroup Inc. City of Santa Clara dba Silicon Valley Power (1) License Agreement

Page 11 of 18 ends

Name: RICHARD E. NOSKY, JR.

Title: City Attorney ---.............. ____ . , • ••••--•~------- O••""NNN-oo,o.,,,,o~0--••---•0•0 Date: I
-~y: --···--- .J .... ~---···-· .. •·· ....... _. ___ ..... ···-······---·L~~~-~!:
(1) License Agreement

Page 12 of 18 ends

··Name·:·
--·--·-·
Title:
................ J c=-··-----··- .. r······ ------··-·•···-.........

Date:

Part 2 - Schedules
Schedule A - Software License
License Fee
The following table sets forth the License Fee for the Applications licensed in this Agreement:

Additional Terms and Conditions:
*Commencing on the first Anniversary Date, the License Fee above is subject to annual escalation at a rate of 3% with each renewal as long as the Index is below 5%. Should the Index equal or exceed 5%, the escalation rate shall be equal to that of the Index. *The Software licensed under this Agreement has been bundled together and contains package discounts. Therefore, any disaggregation may not be possible or the cost after disaggregation shall be recalculated based on fees prevailing at time of disaggregation.

License Fee Payment Schedule
The License Fee shall be payable as stated below:

1. Upon the Effective Date of the Agreement, Licensee shall be invoiced to pay 100% of the License Fee ($80,000.00). (2) Schedules

Page 13 of 18 ends

License Description Annual License Fee (USO)
Market Analyzer .. . --····-····· ................ -~-- Data Direct Excel Add-In Dashboard
Training (Schedule D)
60 Data Processors
60 Reports
30 Authorized Users
Total
.... ----········•·• .. ,-
$80,000.00
$80,000.00
Schedule B - Additional Licensing Options
Below are fees for additional licensing options listed in United States dollars. The fees stated herein, commencing on the first Anniversary Date, are subject to annual escalation of 3% if the Index is below 5% and that of the Index otherwise. For any additional options below licensed, Licensee shall be obligated to license that additional option for the remainder of the Initial Term, payable each Annual Year. The first Annual Year of licensing shall be pro rata for the remainder of the Annual Year in which the option was licensed.

Additional Applications
The table below outlines the annual License Fee for the following optional Applications not licensed as part of the Agreement:

Additional Authorized Users
The table outlines the annual License Fee for additional Authorized Users:

Additional Data Processors
The fee for each additional Data Processor is $1,000.00, which includes both access to the data and all implementation set-up. Licensor reserves the right to exclude sources of significant complexity or data volume. (2) Schedules

Page 14 of 18 ends

Appl1cat1on Description ~ License Fee (USD)
Web Services Service layer that supports the programmatic extraction of data and ZEMA queries
Number of Users License Fee (USD)
Users 31-40
Users 41- SO
Users 51 +
Individual User1
$9,000.00 per user
$4,200.00 per user
$2,400.00 per user
$15,000.00
Schedule C - Schedule of Support Fees
1AII fees listed are in USD and, commencing on the first Anniversary Date, subject to annual escalation of 3% with each renewal if the Index is below 5% and that of the Index otherwise.
(2) Schedules

Page 15 of 18 ends

Item Hourly Rate (USD}1 Daily Rate (USD) 1 Other Comments Ons1te Training N.A.

Consulting Fees $185.00
Software Development
, and Customization i ; ··-.. .. ..... , ______ ........... ~ .... .. $185.00 I
I
Expenses N.A.
$5,000.00 · Fee is for 2 days on-site training not
inclusive of travel expenses.
$1,480.00 1
I
$1,480.00 I Licensor shall charge expenses incurred
N.A. · without any markup. Licensor shall obtain
authorization from Licensee before incurring
any charges on behalf of Licensee I
Schedule D - Training Details
The following outlines the initial training provided as part of this Agreement. Additional training, if required, shall be charged in accordance with Schedule C - Schedule of Support Fees.

Duration
4 x 2-hour live, teacher hosted, web-based training
Training Overview
• Basic ZEMA training for business end-users
Training Coverage
ZEMA Overview
• Provide background to end-users on how ZEMA is getting data from the market to them and how the Market Analyzer and Data Direct Excel applications are interdependent Market Analyzer
• Licensor shall provide training to end-users on how to:

Find and retrieve data
Create, save, and retrieve data queries
Use formulas and series options for simple/complex queries Use table formatting and graphing options
Share analysis with colleagues
Get data from ZEMA to Excel
Data Direct Excel
• Licensor shall provide training to end-users on how to:

Ensure the add-in is configured correctly
Retrieve raw reports and saved queries
Configure output settings and refresh rates
Additional Note:

1. Web-based training shall be provided over several sessions to accommodate availabilities of attendees

2. The trainer shall be available by phone or email for further consultation outside of training sessions

3. User manuals are provided within the Applications

4. Training curriculum may be customized for the Licensee's different user groups (2) Schedules

Page 16 of 18 ends

Schedule E - Support Agreement
THIS SUPPORT AGREEMENT is incorporated into and made part of the License Agreement WHEREAS Licensee and Licensor have entered into a License Agreement pursuant to which Licensee has acquired from Licensor the right to use the Software described therein; IN CONSIDERATION of the mutual covenants and undertakings contained herein, and intending to be legally bound, the parties agree as follows.

1. Support Services

1.1 Support: Licensor shall provide advice and guidance on the use of the Software, and assist with problem resolution. Support staff shall be available by telephone or help desk system on a 24-hour basis.

1.2 Updates: Licensor may from time to time provide the following "Updates" to the Software:
i. Updates to application functionality/usability
ii. Updates to data interfaces/source data to accommodate common format changes made by data source providers;
iii. Enhancements to improve performance and/or speed
iv. General enhancements, corrections, updates, releases, patches, upgrades, new versions, new features, new documentation, etc.

1.3 Processors: In addition to all other Support Services listed herein, for clarity, Licensor's standard Support Services includes support and Updates to the Data Processors' functionality and if an Update is needed to a Data Processor's code/functionality based on changes to the source site so that the Data Processor will remain up to date to continuously pull updated data from the source site.

2. Service Level Agreement

2.1 Bug: Should Licensee encounter a problem or Bug with the Software that requires help from Licensor, Licensee must provide detailed reporting to Licensor describing the circumstances surrounding the problem, effects of the problem, sample data, system and program messages, and screen, file or history print-outs where appropriate.

2.2 System Uptime: Licensor warrants that is shall meet 99% availability uptime, excluding planned outages due to system maintenance, of the Subscription Services on an annual basis.

2.3 Time Frames: Licensor shall provide a response and/or Resolution within the following time frames after the receipt of a reported Bug. The time commences once Licensor has received a reported Bug.

Licensor, in its reasonably exercised discretion, shall determine the severity of the Bug based on the information provided by and in consultation with Licensee. (2) Schedules

Page 17 of 18 ends

1A workaround may reduce the criticality level of the ticket where appropriate

2.4 Misuse or tampering: Should the Bug be demonstrated to be caused by the misuse of or tampering with the Software by Licensee or by other software, Licensor's obligation to remedy the Bug shall be limited.
(2) Schedules

Page 18 of 18 ends

Criticality I Description I Initial I arget f\esolut1on/ Blocker
Critical
i
High
t-" .. ,_ ..... ,, I Normal
i
I Low
l ...
1 : Response Time Workaround T1me 1
; Software is not functioning - Licensee is experiencing a problem resulting in severe loss of service which prevents essential business functions. Licensor is expected to work continuously on a Resolution until the problem is resolved of criticality is I lowered.
j Software is not functioning - Licensee is experiencing a problem likely to cause severe loss of service which may prevent essential business functions on a PROD 1 environment. No reasonable workaround currently exists.

I Software Is not functioning- Licensee is experiencing a'problem impacting th'e I · operation of the Software which is not expected to adversely impact Licensee's ! business operations in the short term.
1 hour
2 hours
12 hours
4 hours
24 hours
72 hours
; Licensee is experiencing·a-problei;;:.~;~-sing minor loss of function~'iity. This ma'y' ,, __ 24_h_o_ur-s -- .... ---··-·1:·2 we-ek-s ·-- I include feature requests.
· Licensee is experiencing a problem which causes user inconvenience but can be tolerated. This may include general requests for information which are not time ... J s~~sitive.
72 hours Future Release
City of Santa Clara
Agenda Report
1500 Warburton Avenue
Santa Clara, CA 95050
santaclaraca.gov
@SantaClaraCity
23-1401 Agenda Date: 12/5/2023

REPORT TO COUNCIL

SUBJECT
Approve and Authorize the City Manager to execute the 2024-2025 Memorandum of Understanding Between the City of Santa Clara and the Unclassified Police Management Association (“Unit 9A”) that incorporates the terms of the Tentative Agreement.

COUNCIL PILLAR
Enhance Community Engagement and Transparency.

BACKGROUND
The Memorandum of Understanding (hereafter, “MOU”) between the City of Santa Clara and the Unclassified Police Management Association (hereafter, “Unit 9A”) is scheduled to expire on December 31, 2023.

The City and Unit 9A began formal negotiations on a successor MOU in approximately July 2023. In October 2023, the parties reached a Tentative Agreement on the terms of a successor MOU which was ratified by Unit 9A membership.

DISCUSSION
The recommended action authorizes the City Manager to execute a successor MOU with a term of January 1, 2024, through December 31, 2025, that incorporates the terms of the Tentative Agreement reached between both parties. The following is a summary of the notable provisions of the Tentative Agreement; a complete copy of the Tentative Agreement is attached.

Term:

January 1, 2024 - December 31, 2025 (2 years)
Wages:

Effective December 24, 2023 (the first pay period of calendar year 2024):
§ The minimum salary of the Police Captain (Job Code 138) classification shall be increased by approximately seven percent (7.0%). This will result in incumbents receiving an approximate seven percent (7.0%) general wage increase. The maximum salary of the classification shall remain unchanged.

The minimum salary of the Police Captain (Job Code 138) classification is being adjusted upward to address the compaction that exists between the maximum salary range and special pays of the next lower level classification of Police Lieutenant (Job Code 645) and the bottom of the salary range of the Police Captain. The Police Lieutenant is the highest classification represented by the Santa Clara Police Officers Association (Unit 2) whose successor MOU included wage increases and adjustments to various pays for represented classifications. This resulted in the top salary step (Step 7) of a Police Lieutenant being higher than the minimum salary range for the Police Captain, which resulted in some compaction between the two classifications; it should be noted that Unit 9A classifications do not receive some of the special pays that Unit 2 classifications receive. The seven percent (7%) increase City of Santa Clara Page 1 of 4 Printed on 12/1/2023
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23-1401 Agenda Date: 12/5/2023
to the minimum salary of the Police Captain classification is intended to address the compaction issue. § The minimum salary of the Assistant Police Chief (Job Code 027) classification shall be increased by approximately four percent (4.0%). Incumbents will not receive a general wage increase. The maximum salary of the classification shall remain unchanged.

Effective the first pay period of calendar year 2025:
§ The salary range of the Police Captain (Job Code 138) classification shall be increased by approximately four percent (4%). This will result in incumbents receiving an approximate four percent (4%) general wage increase. The maximum salary of the classification will increase accordingly. § The salary range of the Assistant Police Chief (Job Code 027) classification shall be increased by approximately four percent (4.0%). Incumbents will receive a two percent (2%) general wage increase.

The maximum salary of the classification will increase accordingly.

The salary range is being adjusted by 4% to ensure that at least a 5% differential exists from the maximum salary of the Police Captain classification and maximum salary of the Assistant Police Chief classification.

One-Time Non-Pensionable Discretionary Cash Payment:

In recognition of, and to help secure the employees' speedy ratification of this MOU, the City has exercised its discretion to provide a one-time discretionary cash payment of $5,000 for employees in the Police Captain (Job Code 138) classification and $2,500 for employees in the Assistant Police Chief (Job Code 027) classification (pro-rated for part-time employees) following Council approval of this MOU. The Parties intend and understand that this lump sum payment is non-pensionable and will not be reported to CalPERS. An employee must be employed in a classification specified above at the time the one-time discretionary cash payment is made to receive the payment.

Merit Increase:

Employees in the Assistant Police Chief (Job Code 027) classification shall be ineligible for a merit increase in calendar year 2024.

POST Certification Incentive Pay:

Effective December 24, 2023 (the first pay period for calendar year 2024), employees in Unit 9A shall be eligible for 3.75% of base pay for the Supervisory Peace Officer Standards and Training (or “POST”) Certification, and an additional 3.75% of base for the Management POST Certification, for a maximum of 7.5% of base pay. Currently, employees receive 2.5% of base pay for Intermediate POST Certification and additional

2.5% (for a total of 5.0%) for the Advanced POST Certification. This change will increase the maximum POST Certification Incentive Pay from 5.0% to 7.5% of base pay. Employees will receive an additional 2.5% POST Certification pay, if they meet the requirements.

Vacation Accrual:

Employees in the classification of Assistant Police Chief (Job Code 027) as of October 30, 2023, may elect to freeze the value of their Temporary Supplemental Vacation Accrual Hours at the employee’s rate of pay as of October 30, 2023. Employees who have opted to file such an election (including a release of claims) may use either Temporary Supplemental Vacation Accrual Hours or accrued vacation for time off. Upon the employee’s retirement or other separation from City service, all Temporary Supplemental Vacation Accrual Hours will be cashed out at the employee’s rate of pay in effect as of October 30, 2023.

Healthcare:

Effective January 1, 2024, the City will pay 100% of the premium of the lowest priced Kaiser (Region 1) plan for employees in Unit 9A enrolled at the Employee Only and Employee Plus One levels, and 90% of the City of Santa Clara Page 2 of 4 Printed on 12/1/2023
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23-1401 Agenda Date: 12/5/2023
for employees in Unit 9A enrolled at the Employee Only and Employee Plus One levels, and 90% of the premium of the lowest priced Kaiser (Region 1) plan for employees in Unit 9A enrolled in the Employee Plus Two or More level. Employees who select a plan whose premium exceeds the City contribution described above will be responsible for the difference. Employees will not receive any portion of the City’s contribution as cash or any other taxable benefit.

Current employees hired with the City on or before December 31, 2023, who choose not to enroll in a City health plan and meets the requirements set forth in the MOU shall continue to receive a cash-in-lieu amount equal to $835.66/month, while employees hired or rehired on or after January 1, 2024, shall receive a cash-inlieu amount of $250/month.

FISCAL IMPACT
The City regularly budgets the total compensation cost for its current employees and integrates known and projected cost increases from MOUs in the City’s annual budget. The ten-year forecast also incorporates the projected labor costs. The costs of this MOU are within budget authority approved by the City Council through the negotiation process, and these changes will be incorporated into the FY 2024/25 budget and the next tenyear forecast. No budget amendment is recommended at this time as these costs are anticipated to be funded within the existing appropriations. Staff will continue to monitor the Police Department budget throughout the year and determine if a budget amendment is necessary by year-end.

The chart below reflects the estimated changes in costs in the General Fund as well as all funds over the term of the MOU.

Estimated Costs
Item Description Estimated GF Cost/
(Savings)
Estimated All Funds
Cost/(Savings)
Wages (2024) 7% (Police Captain
Only)
$79K $79K
Wages (2025) 4% (Police Captain)
2% (Assistant Police
Chief)
$67K $67K
One-Time NonPensionable
Discretionary Cash
Payment (2023)
$5,000 per Police
Captain $2,500 per
Assistant Police Chief
$20K $20K
POST Certification
Incentive Pay (January
2024)

7.5% (up from 5.0%) $109K $109K
The costs associated with the changes to healthcare cannot be determined at this time as the City cannot predict enrollment behavior, especially with the change to the City paying 90% of the lowest priced Kaiser (Region 1) premium for employees who enroll in Employee Plus Two or More level and the change to the health in-lieu amount.

COORDINATION
City of Santa Clara Page 3 of 4 Printed on 12/1/2023
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23-1401 Agenda Date: 12/5/2023
This report has been coordinated with the Finance Department and City Attorney’s Office.

PUBLIC CONTACT
Public contact was made by posting the Council agenda on the City’s official-notice bulletin board outside City Hall Council Chambers. A complete agenda packet is available on the City’s website and in the City Clerk’s Office at least 72 hours prior to a Regular Meeting and 24 hours prior to a Special Meeting. A hard copy of any agenda report may be requested by contacting the City Clerk’s Office at (408) 615-2220, email [email protected] <mailto:[email protected]>, or at the public information desk at any City of Santa Clara public library.

RECOMMENDATION
Authorize the City Manager to execute the 2024-2025 Memorandum of Understanding Between the City of Santa Clara and the Unclassified Police Management Association (“Unit 9A”) that incorporates the terms of the Tentative Agreement.

Reviewed by: Aracely Azevedo, Director of Human Resources Approved by: Jovan D. Grogan, City Manager

ATTACHMENTS

1. Tentative Agreement Between the City and Unit 9A dated October 20, 2023

2. City and Unit 9A Memorandum of Understanding 2024-2025 in Track

3. City and Unit 9A Memorandum of Understanding 2024-2025

4. Unclassified Salary Plan eff 12-24-2023 (for Council 12-5-2023) - 9A City of Santa Clara Page 4 of 4 Printed on 12/1/2023
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CITY OF SANTA CLARA – UNCLASSIFIED POLICE MANAGEMENT ASSOCIATION (UNIT 9A) 2023 NEGOTIATIONS
TENTATIVE AGREEMENT**
City of Santa Clara
October 20, 2023

Page 1 of 2 ends

TERM
 January 1, 2024, through December 31, 2025
WAGES
Summary:
 Effective December 24, 2023 (the first pay period of calendar year 2024):
o The minimum salary of the Police Captain (Job Code 138) classification shall be increased by approximately seven percent (7.0%). This will result in incumbents receiving an approximate seven percent (7.0%) general wage increase. o The minimum salary of the Assistant Police Chief (Job Code 027) classification shall be increased by approximately four percent (4.0%). Incumbents will not receive a general wage increase.
 Effective the first pay period of calendar year 2025:
o The salary range of the Police Captain (Job Code 138) classification shall be increased by approximately four percent (4%). This will result in incumbents receiving an approximate four percent (4%) general wage increase.
o The salary range of the Assistant Police Chief (Job Code 027) classification shall be increased by approximately four percent (4.0%). Incumbents will receive a two percent (2%) general wage increase.

See attached.

LUMP SUM
Summary:
 Effective the first pay period following ratification and approval from the City Council, and in recognition of, and to help secure the employees' speedy ratification of this MOU, the City has exercised its discretion to provide a one-time discretionary cash payment for regular employees (pro-rated for part-time employees) as follows:
o $5,000 for employees in the Police Captain (Job Code 138) classification at the time of disbursement of the one-time discretionary cash payment. o $2,500 for employees in the Assistant Police Chief (Job Code 027) classification at the time of disbursement of the one-time discretionary cash payment.

See attached.

CITY OF SANTA CLARA – UNCLASSIFIED POLICE MANAGEMENT ASSOCIATION (UNIT 9A) 2023 NEGOTIATIONS
TENTATIVE AGREEMENT**
City of Santa Clara
October 20, 2023

Page 2 of 2 ends

MERIT INCREASE
Summary:
 Freeze for Assistant Police Chief (Job Code 027) for 2024.

See attached.

POST
 As proposed in City’s Package Proposal A. See attached.

VACATION
 See attached.

HEALTHCARE
 As proposed in City’s Package Proposal A. See attached.

LIGHT BODY ARMOR
 As proposed in City’s Package Proposal A. See attached. ** THIS AGREEMENT IS CONSIDERED TENTATIVE AND SHALL NOT BE CONSIDERED

FINAL OR BINDING UNTIL RATIFIED BY ASSOCIATION MEMBERS AND APPROVED BY CITY COUNCIL. THIS DOCUMENT SETS FORTH THE FULL AGREEMENTS OF THE PARTIES REACHED DURING THESE NEGOTIATIONS. ANYTHING NOT INCLUDED IN THE DOCUMENT IS NOT PART OF THE TENTATIVE AGREEMENT.

FOR THE CITY: FOR THE UNION:
__________________________________ __________________________________ Aracely Azevedo Date Wahid Kazem Date
Director of Human Resources Assistant Chief of Police
__________________________________ __________________________________ Charles Sakai Date Saskia Lagergren Date
Labor Consultant Police Captain
__________________________________
Marco Mercado Date
Assistant Director of Human Resources
10/22/23
10/22/2023
10/23/23
10/23/23
~~ 10/23/23
~cu-
2023 CITY OF SANTA CLARA – UNCLASSIFIED POLICE MANAGEMENT ASSOCIATION (UNIT 9A)

NEGOTIATIONS
City of Santa Clara

Page 1 of 2 ends

CITY and Unit 9A Negotiations – Wages
Proposed Language:1

1. WAGES
A. Effective December 23, 2018, for persons employed by the City on the date the City Council approved this MOU, salaries for represented classifications will be increased by the same percentage as applied to Unit 2 employees for the 12/2016 — 12/2017 MOU year. Salaries for represented classifications will also be increased by the same percentage as applies to Unit 2 employees for the 12/2019 — 12/2020 MOU year and for the 12/2020 — 12/2021 MOU year, except as noted below.Wage Increases 1) Effective December 27, 2020, all salary ranges in classifications assigned to Unit 9A shall remain status quo.December 24, 2023 (the first pay period of calendar year 2024):
a. Effective the first pay period of calendar year 2022, all salary ranges in classifications assigned to Unit 9A shall remain status quo.The minimum salary of the Police Captain (Job Code 138) classification shall be increased by approximately seven percent (7.0%). Any employee whose current salary is less than the minimum salary will have their salary adjusted to the minimum salary for Police Captain (Job Code 138). For example, an This will result in employee at the bottom of s in the Police Captain (Job Code 138) classification as of December 24, 2023 will , receiveing an approximate seven percent (7.0%) general wage increase.
2)b. The minimum salary of the Assistant Police Chief (Job Code 027) classification shall be increased by approximately four percent (4.0%). The salary of employees in the Assistant Police Chief (Job Code 027) classification as of December 24, 2023, shall remain status quo.
2) Effective the first pay period of calendar year 2025:
a. The salary range of the Police Captain (Job Code 138) classification shall be increased by approximately four percent (4.0%). This will result in employees in the Police Captain (Job Code 138) classification as of the first pay period of calendar year 2025, receiving an approximate four percent (47.0%) general wage increase.
b. The salary range of the Assistant Police Chief (Job Code 027) classification shall be increased by approximately four percent (4.0%). However, Employees in the Assistant Police Chief (Job Code 027) classification as of the first pay period of calendar year 2025, shall receive an approximate two percent (2.0%) general wage increase.
3) In recognition of, and to help secure the employees' speedy ratification of this MOU, the City Council has exercised its discretion to provide a one-time discretionary cash payment as described below for regular employees (pro-rated for part-time 1 The proposed language is subject to review and approval by the City Attorney’s Office 2023 CITY OF SANTA CLARA – UNCLASSIFIED POLICE MANAGEMENT ASSOCIATION (UNIT 9A)

NEGOTIATIONS
City of Santa Clara

Page 2 of 2 ends

employees) in the bargaining unit at the time of disbursement following Council approval of this MOU. The Parties intend and understand that this lump sum payment is non-pensionable and will not be reported to CalPERS. a. $5,000 to employees in the Police Captain (Job Code 138) classification. b. $2,500 to employees in the Assistant Police Chief (Job Code 027) classification.

This one-time discretionary cash payment shall only be paid to employees who meet the following criteria:

Employees who were employed in a classification assigned to the bargaining unit at the time of the disbursement, which is estimated to occur after the first pay period after Council approval of MOU. The one-time discretionary cash payment shall be paid on a day after the first full pay period after Council approval of this MOU. 3) Effective the first pay period of calendar year 2023, all salary ranges in classifications assigned to Unit 9A shall receive an approximate 4.7% general wage increase. This is in recognition of the general wage increase that was scheduled to be received in December 27, 2020four percent (.0).
2023 CITY OF SANTA CLARA – UNCLASSIFIED POLICE MANAGEMENT ASSOCIATION (UNIT 9A)

NEGOTIATIONS
City of Santa Clara

Page 1 of 2 ends

CITY and Unit 9A Negotiations – Merit Increase
Proposed Language:1

24. MERIT PAY/SALARY ADJUSTMENT PROGRAM
Merit pay adjustments as provided for in the Personnel and Salary Resolution are, and will continue to be available during the term of this MOU when and if approved by the applicable Department Head and the City Manager, subject to Section 24.G24.F below. The Merit Pay Adjustment system shall include the following elements:

A. Each Unit 9A employee shall receive an annual evaluation.

B. Annual consideration of merit pay adjustments, subject to Section 24.G24.F below, with an affirmative decision by the applicable Department Head shall be required each year following the annual evaluation.

C. Merit pay adjustments shall range from 0 to 5%, subject to Section 24.G24.F below.

D. In 2017, employees are eligible for a merit pay adjustment based on an evaluation prepared by February 2, 2017, which date will be their merit pay anniversary each year going forward.

1) Notwithstanding D. above, for employees that have been employed a full year as of February 2, 2017, they will be eligible on their actual anniversary date, which shall also be their merit pay anniversary date thereafter.
2) Notwithstanding D. above, for employees that receive a merit increase between January 1, 2016 and February 2, 2017, the date of their last merit increase shall be their new merit pay anniversary date.
3) If a Department Head has not completed an evaluation in time for a merit adjustment by an employee’s anniversary date (February 2, 2017 for most employees), the applicable merit pay adjustment once determined shall be made retroactive to the first full pay period following the anniversary date (and to February 2, 2017 for those persons whose anniversary date is February 2, 2017).

E.D. Subject to Section 24.G24.F below, the City shall not suspend or freeze consideration of merit pay adjustments for Unit 9A employees unless step increases are suspended or frozen for all bargaining units that utilize a step system.

F.E. The City and Unit 9A may, by mutually agreement, meet to discuss potential changes to the merit pay system and/or movement toward a step pay system more like other bargaining units.

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until the third rating period after January 1, 2021, and after the employee had skipped two (2) consecutive rating periods where they did not receive a merit increase. 1) Employees hired or rehired or promoted on or after January 1, 2021, and until on or before December 31, 2022, into positions in classifications assigned to Unit 9A shall be ineligible for a merit increase for the first two (2) consecutive rating periods. This means that an employee hired or rehired or promoted between January 1, 2021, and December 31, 2022, will not be eligible for a merit increase until the employee’s third rating period with the city after the employee was hired or rehired or promoted into positions in classifications assigned to Unit 9A.
(a) A current active City employee promoted from another bargaining unit into a position in a classification assigned to Unit 9A between January 1, 2021, and December 31, 2022, shall be ineligible for a merit increase until the employee’s third rating period form the effective date of the promotion. (b) A current active City employee holding a position in a classification assigned to Unit 9A as of the effective date of this agreement who is promoted into or accepts another position in Unit 9A between January 1, 2021, and December 31, 2022, shall be ineligible for a merit increase unless the employee has skipped two (2) consecutive rating periods where they did not receive a merit increase since January 1, 2021.
2) Employees in the Assistant Police Chief (Job Code 027) classification as of January 1, 2024, shall be ineligible for a merit increase in calendar year 2024. Employees in the Assistant Police Chief (Job Code 027) classification shall not be eligible for a merit increase until the employee’s rating period ending in calendar year 2025.

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CITY and Unit 9A Negotiations – POST
Proposed Language:1

13. PEACE OFFICER STANDARDS AND TRAINING (POST) CERTIFICATE A. Employees are eligible for up to a maximum of 7.5% of base pay as follows:
1) Supervisory POST Certification. Effective December 24, 2023 (the first pay period of calendar year 2024), employees that have achieved Intermediate the Supervisory POST certification shall receive 2.5%3.75% of base pay for this certification.
2) Management POST Certification. Effective December 24, 2023 (the first pay period of calendar year 2024), employees Employees that have achieved Advanced the Management POST certification shall receive an additional

2.5% (for a total of 5.0%)3.75% of base pay for this certification.

B. To be eligible, and receive payment, employees must either provide proof from POST of the Intermediate Supervisory or Advanced Management POST certificate or get written confirmation and approval from the Police Chief (or designee) that the requirements for certification have been successfully completed. POST Certificate Pay shall be included on the Salary Adjustment Form as a mandatory allocation. 1 The proposed language is subject to review and approval by the City Attorney’s Office 2023 CITY OF SANTA CLARA – UNCLASSIFIED POLICE MANAGEMENT ASSOCIATION (UNIT 9A)

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CITY and Unit 9A Negotiations – Vacation
Proposed Language:1

7. VACATION ACCRUAL
A. Represented employees will accrue vacation, calculated to four decimal points for accuracy, as follows:

COMPLETED YEARS OF SERVICE ACCRUAL RATE
1 through 9 years 120 hours
10 through 15 years 160 hours
16 through 20 years 176 hours
21 or more years 192 hours
B. On or before the last business day before December 25th each calendar year, an employee may make in writing on an “Irrevocable Vacation Cash-Out Election Form” to be provided by the City an irrevocable vacation cash-out election for up to two cash-outs of vacation the following calendar year. To be effective, the employee’s written notice must be received by the Director of Human Resources or designee no later than the last business day before December 25th of the calendar year before the calendar year in which the employee wishes to cash-out vacation. The amount of vacation requested to be cashed out in the following calendar year may not exceed a total of eighty (80) hours, which number of vacation hours must have been earned in the following calendar year before it may be cashed out, and requires a sufficient balance of available accrued vacation. It is understood that an employee using vacation shall always use vacation earned in prior years first before using vacation earned in the current year. The date options available on the Election form provided by the City for the up to two cash-outs shall be the first full pay period in April, July, October or December.

This provision shall have no effect on an employee’s right to cash out all his or her accrued vacation at the time of the employee’s separation/retirement from City employment.

C. Maximum Vacation Accrual Limit – Maximum vacation accrual which may be credited to an employee at the end of the pay period which includes December 31 shall be 450 hours. 1) Effective December 27, 2020 (the first pay period of calendar year 2021), and subject to Section 7.E below, the Maximum Vacation Accrual Limit shall be increased to 480 hours. Employees shall not be allowed to accrue vacation above the Maximum Vacation Accrual Limit.

D. In lieu of receiving a vacation-leave cash payout at retirement, the Association may vote to roll accrued vacation leave hours (except for any hours in the Temporary 1 The proposed language is subject to review and approval by the City Attorney’s Office 2023 CITY OF SANTA CLARA – UNCLASSIFIED POLICE MANAGEMENT ASSOCIATION (UNIT 9A)

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Supplemental Vacation Accrual balance) into the employee's Voluntary Employee Beneficiary Association (VEBA) account, subject to Association compliance with Federal rules associated with employee contributions of vacation leave to their VEBA accounts.

E. Effective December 27, 2020 (the first pay period of calendar year 2021), the Maximum Vacation Accrual Limit as described in Section 7.C above shall be temporarily suspended for two (2) years until the end of the last pay period of calendar year 2022. Employees may continue to accrue vacation above the Maximum Vacation Accrual Limit until December 24, 2022 (the last pay period of calendar year 2022). 1) Effective December 25, 2022 (the first pay period of calendar year 2023), employees shall not be allowed to accrue vacation above the Maximum Vacation Accrual Limit of 480 hours.

F.E. Temporary Supplemental Vacation Accrual – Effective December 25, 2022 (the first pay period of calendar year 2023), employees holding positions in classifications assigned to Unit 9A shall be eligible for the Temporary Supplemental Vacation Accrual.

The Temporary Supplemental Vacation Accrual is a separate vacation balance subject to the following:
1) Effective December 25, 2022, the temporary suspension of the maximum vacation accrual limit ended and all unused accrued vacation hours above 400 hours as of December 24, 2022 (the last pay period of calendar year 2022) shall bewere placed in the Temporary Supplemental Vacation Accrual balance. (a) The following is only an example of the Temporary Supplemental Vacation Accrual described above, and any figures are for illustration purposes only and assumes the employee does not use vacation. . Issue Hours
Vacation Balance as of the last pay period of
calendar year 2022
500
Hours to be placed in Temporary Supplemental
Vacation Accrual
100
Vacation Balance as of the first pay period of
calendar year 2023
400
Hours that can be accrued in calendar year 2023 80
Hours that can be accrued above the Maximum
Vacation Accrual Limit of 480 hours
0 2) The Temporary Supplemental Vacation Accrual balance may not be increased. 3) Subject to supervisory approval, any Temporary Supplemental Vacation Accrual shall be available for use to the employee until the Temporary Supplemental Vacation Accrual balance has been exhausted.
4) If an employee leaves or retires from City service, any unused Temporary Supplemental Vacation Accrual hours shall not be subject to the terms of Section 7.D above. Any accrued but unused Temporary Supplemental Vacation Accrual hours will 2023 CITY OF SANTA CLARA – UNCLASSIFIED POLICE MANAGEMENT ASSOCIATION (UNIT 9A)

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be cashed out upon the employee’s retirement or other separation from City service, subject to Section 7.E.5 below. If permitted by the City’s deferred compensation plan and applicable law, the separating employee may elect to contribute all or a portion of their accrued but unused Temporary Supplemental Vacation Accrual hours to their deferred compensation account by submitting a written request no later than 30 days prior to their separation from City service.
5) An employee must first use their Temporary Supplemental Vacation Accrual for any vacation leave taken until the Temporary Supplemental Vacation Accrual balance has been exhausted, subject to supervisory approval.

Employees who have opted to file such an election (including a release of claims) may use either Temporary Supplemental Vacation Accrual Hours or accrued vacation for time off. Upon the employee’s retirement or other separation from City service, all Temporary Supplemental Vacation Accrual Hours will be cashed out at the employee’s rate of pay as of October 30, 2023.
6) An employee (except employees who are in the Assistant Police Chief (Job Code 027) classification who have filed an election under Section 7.E.5 as of October 30, 2023) may not be on unpaid status until the Temporary Supplemental Vacation Accrual balance has been exhausted and must use their Temporary Supplemental Vacation Accrual until the Temporary Supplemental Vacation Accrual balance has been exhausted, with the exception of any formal disciplinary action pursuant to the City’s Civil Service Rules.

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CITY and Unit 9A Negotiations – Healthcare
Proposed Language:1

2. HEALTH INSURANCE PREMIUMS
A. Health Flex Contribution
Effective January 1, 2019, the City will offer employees a Health Flex Contribution of $136.00/month to put toward the payment of a City offered health plan. The $136.00/month applies for 2019, and this amount shall be modified each calendar year using the Rate of Pay Safe Harbor (based on the lowest base pay of any full-time employee covered by this MOU) to ensure the City's offered coverage is "affordable." Employees who enroll in a City health plan for which the premium amount is more than $835.66/month shall receive an Additional Health Flex Contribution. The Additional Health Flex Contribution, when added to the Health Flex Contribution described in the prior paragraph and the Regular Flex Contribution described herein, shall equal $200 per month over the Kaiser employee only premium amount for the applicable year. (For 2019, this is an additional $134.36/month to these individuals, since $200 over the Kaiser employee only amount in 2019 is $970.02/month.)
Employees may not receive all or any portion of the health Flex Contribution or Additional Health Flex Contribution as cash or any other taxable benefit, and must apply the Health Flex Contribution to City-offered health benefits. Employees who do not enroll in Cityoffered health benefits will not receive any of the health Flex Contribution. It is understood and agreed that a portion of the Health Flex Contribution described in this subsection is the City's contribution of the statutorily required minimum contribution under the Public Employees Medical and Hospital Care Act (PEMHCA) (e.g. $133 in 2018), which is the City`s designated PEMHCA amount.

The City currently contracts with the California Public Employees' Retirement System (CalPERS) for the purpose of providing medical insurance benefits for active employees and their eligible dependents, eligible retired employees, and eligible survivors of retired employees. Eligibility of a dependent to participate in this program shall be in accordance with the terms of the Public Employees’ Medical and Hospital Care Act (PEMHCA).

Eligibility of retired employees and survivors of retired employees to participate in this program shall be in accordance with those provisions of the PEMHCA providing for participation by “annuitants.”
The City’s employer contribution towards medical insurance benefits for each eligible employee shall be the minimum contribution amount required by Government Code Section 22892. Contributions provided under this Section are required only to the extent mandated by the PEMHCA.

Because CalPERS may change carriers and plans, the City shall not be required to provide a specific insurance coverage and shall only be required to provide those benefits as described in this Section so long as the City contracts for benefits with CalPERS for medical insurance benefits.
1 The proposed language is subject to review and approval by the City Attorney’s Office. 2023 CITY OF SANTA CLARA – UNCLASSIFIED POLICE MANAGEMENT ASSOCIATION (UNIT 9A)

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Pursuant to the PEMHCA, the City will provide each eligible annuitant, as defined by the PEMHCA, with an employer contribution towards medical insurance benefits that is equal to the PEMHCA minimum contribution provided to an active employee under this Section.

B. REGULAR FLEX CONTRIBUTION Definitions. For purposes of this section:
1) Effective January 1, 2019, the City will provide a Regular Flex Contribution equal to $835.66/month less the Health Flex Contribution (thus, for 2019, the Regular Flex Contribution will be $699.66/month). Employees may use the Regular Flex Contribution to pay for health benefits offered under the City's Section 125 plan or may opt to receive any or all of the Regular Flex Contribution as taxable cash. An employee will receive a Regular Flex Contribution whether or not he/she enrolls in City-offered health benefits and notwithstanding the provisions of Section 37.E, below“Full-time employee” refers to an employee whose regular schedule is at least 30 hours per week.
2) For employees who enroll in City health and whose benefits exceed the total of the City's health Flex and Regular Flex Contributions to them, the balance of the health premium shall be paid by a salary deduction from the pay of the individual employee“Full-time position” refers to a position in a classification, whether vacant or not vacant, whose regular schedule is at least 30 hours per week.

C. CASH IN LIEU Health Insurance Contributions
1) Effective January 1, 2019, employees who choose not to enroll in a City health plan, and meet the requirements set forth below shall receive a Cash in Lieu amount equal to $835.66/month minus the Regular Flex Contribution (for 2018,the Cash in Lieu amount thus is $136/month). Effective January 1, 2024, the City shall make a monthly contribution to the City’s flexible benefit plan which, taken together with the mandatory PEMHCA contribution, equals one hundred percent (100%) of the premium for the lowest priced Kaiser (Region 1) plan for unit members enrolled at the employee and employee plus one levels; and ninety percent (90%) of the premium for the lowest priced Kaiser (Region 1) plan for unit members enrolled at the employee plus two or more level. If the employee enrolls in a plan whose premium exceeds the City contribution, the employee shall pay the difference between the total cost of the selected plan and the City’s contribution via salary deduction. In no event shall the City’s contributions pursuant to the provisions of this Section, and any statutorily required minimum contribution under the PEMHCA as determined by CalPERS in each calendar year, exceed one hundred percent (100%) of the premium cost of the lowest price Kaiser (Region 1) plan at the employee and employee plus one level, or ninety percent (90%) of the premium for the lowest priced Kaiser (Region 1) plan at the employee plus two or more level, in which the employee is enrolled.

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a. Effective January 1, 2024, a full-time employee hired on or before December 31, 2023, into a full-time position with the City, and who chooses not to enroll in a City health plan and meets the requirements set forth below in in this subsection shall receive a Cash in Lieu amount equal to $835.66/month paid out on the first pay period of the month.
b. A full-time employee hired or rehired on or after January 1, 2024, and who chooses not to enroll in a City health plan and meets the requirements set forth below shall receive a Cash in Lieu amount equal to $250/month paid out on the first pay period of the month.
c. Requirements: In order to receive Cash in Lieu of health coverage, an employee must sign and submit a form attesting that the employee and the employee’s Tax Family have the Alternative Required Coverage for the Opt Out Period.
(1) Tax Family means all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt out applies.
(2) Alternative Required Coverage required means minimum essential coverage through another source (other than coverage in the individual market, whether or not obtained through Covered California).
(3) Opt Out Period means the plan year to which the opt out arrangement applies.
(4) An employee must provide the attestation and proof of Alternative Required Coverage every plan year at open enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive cash Cash in lieuLieu.
(5) The Cash in Lieu payment cannot be made and the city will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family member does not have such
alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.
(6) An employee who opts out of City-offered health benefits, but cannot provide the attestation, will not receive the cash in Lieu contribution described in this subsection.
a.d. For employees whose regular work schedules are 30 or more hours per week but less than 40 hours per week, the Cash in Lieu amount shall be prorated as described in Section E below.

D. FLEXIBLE SPENDING ACCOUNT (IRS SECTION 125 PLAN)
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The City has established a Flexible Spending Account benefit (IRS Section 125 Plan) for employees, which provides accounts in which employees may contribute pre-tax dollars for dependent care and unreimbursed medical expenses. This Plan will follow the regulations outlined by the Internal Revenue Service. Detailed information will be available in the Summary Plan Document. This plan is voluntary and participating employees will make pre-tax salary reduction elections to fund the plan.

E. Proration of Benefits
For employees whose regular work schedules are 30 or more hours per week but less than 40 hours per week, benefits shall be prorated based on the employee’s full-time equivalent (FTE) level.
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CITY and Unit 9A Negotiations – Light Body Armor
Proposed Language:1

28. LIGHT BODY ARMOR
All currently issued light body armor and vest carriers shall be replaced at City expense five (5) years from the date of issue.

New or replacement body armor shall be a minimum of a Threat Level #3A classification and shall be replaced by the City upon the expiration of the manufacturer's warranty for that unmodified dealer issued unit. Any represented employee may purchase a vest of his/her choice provided that it meets or exceeds the City's warranty and protection requirement; however, the employee must bear the difference in cost between the allocation provided and determined by the City and the actual cost of the vest of his/her choice. All body armor issued to represented employees shall be new and custom fitted to the individual officer. The City will also provide and replace vest carriers consistent with Departmental standards. Unit members may purchase vest carriers of their own choice so long as they meet the Department’s minimum standards; however, the employee must pay the difference in cost between the actual cost of the vest carrier and Departmental allocation for vest carriers.

Body armor and vest carriers damaged in the course and scope of employment shall be replaced immediately if determined to be unserviceable, or otherwise requiring replacement in the opinion of the Department. Body armor and vest carriers damaged by misuse or gross negligence shall be replaced subject to a pro rata formula based upon the manufacturer's warranty (e.g., if a vest is damaged by misuse after 3 years, the Department will pay 60% (3/5) of the Departmental allocation towards a replacement vest and the employee will be responsible for the remainder of the replacement cost).

All body armor and vest carriers, regardless of the purchaser, shall remain the property of the City.

The employee is required to wear this equipment whenever he/she is performing general law enforcement duties outside the Police Administration Building and in uniform. 1 The proposed language is subject to review and approval by the City Attorney’s Office

MEMORANDUM OF

UNDERSTANDING
between

CITY OF SANTA CLARA
and

UNCLASSIFIED POLICE MANAGEMENT
ASSOCIATION UNIT #9A
DECEMBER 23, 2018JANUARY 1, 2024 –
DECEMBER 31, 20232025
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 2 -

MEMORANDUM OF UNDERSTANDING
between

CITY OF SANTA CLARA
and
UNCLASSIFIED POLICE MANAGEMENT EMPLOYEES, UNIT #9A
DECEMBER 23, 2018JANUARY 1, 2024 — DECEMBER 31, 20232025 Table of Contents

1. WAGES .................................................................................................................... 4

2. HEALTH INSURANCE PREMIUMS .................................................................. 66665

3. DENTAL INSURANCE ....................................................................................... 9997

4. VISION INSURANCE ......................................................................................... 9997

5. DEFERRED COMPENSATION ........................................................................ 99987

6. HOLIDAY PAY ........................................................................................... 10101087

7. VACATION ACCRUAL ................................................................................. 1010108

8. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE .................... 1313131110

9. BEREAVEMENT LEAVE ....................................................................... 1414141211

10. VOLUNTARY TIME OFF ........................................................................... 14141412

11. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA) ....... 1515151312

12. RETIREE MEDICAL REIMBURSEMENT BENEFIT .................................... 15151513

13. PEACE OFFICER STANDARDS AND TRAINING (POST) CERTIFICATE 1616161413

14. UNIFORM ALLOWANCE ....................................................................... 1616161413

15. PDA/SMART PHONE STIPEND ............................................................ 1616161413

16. STADIUM DETAIL ...................................................................................... 17171714

17. MANAGEMENT LEAVE PROGRAM .......................................................... 17171714

18. EMERGENCY PAID LEAVE POOL ............................................................ 18181815

19. ALTERNATE WORK SCHEDULE (NINE-EIGHTY SCHEDULE) ....... 1919191716

20. FLEXIBLE SPENDING PLAN, INTERNAL REVENUE CODE, SECTION 125 19191917

21. DOMESTIC PARTNERS ............................................................................ 20202017

22. CHEMICAL TESTING ............................................................................. 2020201817

23. EMPLOYEE ASSISTANCE PROGRAM ..................................................... 21212119

24. MERIT PAY/SALARY ADJUSTMENT PROGRAM ..................................... 21212119

25. ASSOCIATION DUES DEDUCTION ...................................................... 2323232120

26. PAY PERIODS........................................................................................... 24242421

27. NEXT MOU NEGOTIATIONS ................................................................. 2424242221 APPENDIX A: PDA/SMART PHONE STIPEND INFORMATION ................. 2727272423

I - ___ _
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
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Alphabetical Table of Contents
ALTERNATE WORK SCHEDULE (NINE-EIGHTY SCHEDULE) .................................. 17 APPENDIX A: PDA/SMART PHONE STIPEND INFORMATION .................................. 23 ASSOCIATION DUES DEDUCTION ............................................................................ 20 BEREAVEMENT LEAVE .............................................................................................. 11 CHEMICAL TESTING .................................................................................................. 17 DENTAL INSURANCE………………………………………………………………………….7
DEFERRED COMPENSATION………………………………………………………………..7
DOMESTIC PARTNERS .............................................................................................. 17 EMERGENCY PAID LEAVE POOL .............................................................................. 15 EMPLOYEE ASSISTANCE PROGRAM ....................................................................... 19 FLEXIBLE SPENDING PLAN, INTERNAL REVENUE CODE, SECTION 125 .............. 17 HEALTH INSURANCE PREMIUMS ............................................................................... 5 HOLIDAY PAY ............................................................................................................... 7 MANAGEMENT LEAVE PROGRAM ............................................................................ 14 MERIT PAY/SALARY ADJUSTMENT PROGRAM ....................................................... 19 NEXT MOU NEGOTIATIONS ....................................................................................... 21 PAY PERIODS ............................................................................................................. 21 PDA/SMART PHONE STIPEND .................................................................................. 14 PEACE OFFICER STANDARDS AND TRAINING (POST) CERTIFICATE .................. 13 RETIREE MEDICAL REIMBURSEMENT BENEFIT ..................................................... 13 SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE ............................................ 10 STADIUM DETAIL ........................................................................................................ 14 TOTAL COMPENSATION .............................................................................................. 4 UNIFORM ALLOWANCE……………………………………………………………………...13
VACATION ACCRUAL ................................................................................................... 8 VISION INSURANCE…………………………………………………………………………...7
VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA) ............................. 12 VOLUNTARY TIMEOFF………………………………………………………………………12
WAGES…………………………………………………………………………………………..4
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MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
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MEMORANDUM OF UNDERSTANDING
between

CITY OF SANTA CLARA
and
UNCLASSIFIED POLICE MANAGEMENT EMPLOYEES, UNIT #9A
DECEMBER 23, 2018JANUARY 1, 2024 — DECEMBER 31, 20232025 In accordance with the provisions of Section 18 of the City of Santa Clara Resolution #2979, entitled "Employer-Employee Relations," this Memorandum of Understanding (MOU) constitutes the results of discussions between the City Management Staff and certain Unclassified Police Management Employees (Unit 9A) of the City of Santa Clara on all matters within the scope of representation from December 23, 2018January 1, 2024 through December 31, 20232025.

The salary of employees in the Assistant Police Chief (Job Code 027) classification as of December 24, 2023, shall remain status quo. 2) Effective the first pay period of calendar year 20222025:, all salary ranges in classifications assigned to Unit 9A shall remain status quo. a. The salary range of the Police Captain (Job Code 138) classification shall be increased by approximately four percent (4.0%). This will result in employees in the Police Captain (Job Code 138) classification as of the first pay period of calendar year 2025, receiving an approximate four percent (4.0%) general wage increase.

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 5 -
2)b. The salary range of the Assistant Police Chief (Job Code 027) classification shall be increased by approximately four percent (4.0%).

However, employees in the Assistant Police Chief (Job Code 027) classification as of the first pay period of calendar year 2025, shall receive an approximate two percent (2.0%) general wage increase 3) Effective the first pay period of calendar year 2023, all salary ranges in classifications assigned to Unit 9A shall receive an approximate 4.7% general wage increase. This is in recognition of the general wage increase that was scheduled to be received in December 27, 2020In recognition of, and to help secure the employees' speedy ratification of this MOU, the City Council has exercised its discretion to provide a one-time discretionary cash payment as described below for regular employees (pro-rated for part-time employees) in the bargaining unit at the time of disbursement following Council approval of this MOU. The Parties intend and understand that this lump sum payment is non-pensionable and will not be reported to CalPERS.
a. $5,000 to employees in the Police Captain (Job Code 138) classification. b. $2,500 to employees in the Assistant Police Chief (Job Code 027) classification.

This one-time discretionary cash payment shall only be paid to employees who meet the following criteria:
3) Employees who were employed in a classification assigned to the bargaining unit at the time of the disbursement, which is estimated to occur after the first pay period after Council approval of MOU. The one-time discretionary cash payment shall be paid on a day after the first full pay period after Council approval of this MOU.

B. It is recognized by both parties to this agreement that it is their mutual responsibility to independently verify, to the extent possible, the accuracy of the information upon which total compensation adjustments are made. Should it be discovered by either party that adjustments) to salary and fringe benefits are based on erroneous information or has been erroneously computed, the necessary corrective action will be taken as soon as practical after the discovery and notice of the error has been given. It is the mutual responsibility of both parties to report any suspected error immediately upon discovery to the other party. However, the period for which there will be a right to recover any monies which are either overpaid by the City or underpaid to the employee shall be limited to an adjustment period of up to 90 calendar days from the date the error was first reported to the other party. The corrective action will be taken even in circumstances where the error may bridge successive MOUs, but the recovery will still be limited to amounts owed or owing during the prior 90 calendar days. The 90 calendar day period will begin upon the date of written notification by personal service upon the other party.

Right of recovery by the City of overpayment shall be limited to recovery over the same time period as the overpayment was made. Said repayment will begin with the next paycheck following final determination of the amount to be repaid.

Underpayment to the employee shall be made by the City in a lump sum of the I - ___ _
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 6 -
amount owed on the next regular paycheck following final determination of the amount to be paid.

C. During the term of this Agreement, the parties agree that the MOU will reopen on the issue of wages if the following occurs:

Effective December 27, 2020, the parties agree to meet and confer over wages in the event the City reaches agreement on a new general wage increase to be effective during Calendar Year 2022 with the Police Officers Association (Unit 2) as part of an agreement on a successor Memorandum of Understanding (MOU). For purposes of this section, “general wage increase” means a wage increase applicable to all members of the bargaining unit (not a subset). Additionally, the parties agree that this section shall not apply to any general wage increases applicable to miscellaneous bargaining units.

2. HEALTH INSURANCE PREMIUMS
A. The City currently contracts with the California Public Employees' Retirement System (CalPERS) for the purpose of providing medical insurance benefits for active employees and their eligible dependents, eligible retired employees, and eligible survivors of retired employees. Eligibility of a dependent to participate in this program shall be in accordance with the terms of the Public Employees’ Medical and Hospital Care Act (PEMHCA). Eligibility of retired employees and survivors of retired employees to participate in this program shall be in accordance with those provisions of the PEMHCA providing for participation by “annuitants.” The City’s employer contribution towards medical insurance benefits for each eligible employee shall be the minimum contribution amount required by Government Code Section 22892. Contributions provided under this Section are required only to the extent mandated by the PEMHCA.

A. Health Flex Contribution
Effective January 1, 2019, the City will offer employees a Health Flex Contribution of $136.00/month to put toward the payment of a City offered health plan. The $136.00/month applies for 2019, and this amount shall be modified each calendar year using the Rate of Pay Safe Harbor (based on the lowest base pay of any fulltime employee covered by this MOU) to ensure the City's offered coverage is "affordable."
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than $835.66/month shall receive an Additional Health Flex Contribution. The Additional Health Flex Contribution, when added to the Health Flex Contribution described in the prior paragraph and the Regular Flex Contribution described herein, shall equal $200 per month over the Kaiser employee only premium amount for the applicable year. (For 2019, this is an additional $134.36/month to these individuals, since $200 over the Kaiser employee only amount in 2019 is $970.02/month.) Employees may not receive all or any portion of the health Flex Contribution or Additional Health Flex Contribution as cash or any other taxable benefit, and must apply the Health Flex Contribution to City-offered health benefits. Employees who do not enroll in City-offered health benefits will not receive any of the health Flex Contribution. It is understood and agreed that a portion of the Health Flex Contribution described in this subsection is the City's contribution of the statutorily required minimum contribution under the Public Employees Medical and Hospital Care Act (PEMHCA) (e.g. $133 in 2018), which is the City`s designated PEMHCA amount.

B. Definitions. For purposes of this section:REGULAR FLEX CONTRIBUTION 1) “Full-time employee” refers to an employee whose regular schedule is at least 30 hours per weekEffective January 1, 2019, the City will provide a Regular Flex Contribution equal to $835.66/month less the Health Flex Contribution (thus, for 2019, the Regular Flex Contribution will be $699.66/month). Employees may use the Regular Flex Contribution to pay for health benefits offered under the City's Section 125 plan or may opt to receive any or all of the Regular Flex Contribution as taxable cash. An employee will receive a Regular Flex Contribution whether or not he/she enrolls in City-offered health benefits and notwithstanding the provisions of Section 37.E, below.
2) “Full-time position” refers to a position in a classification, whether vacant or not vacant, whose regular schedule is at least 30 hours per weekFor employees who enroll in City health and whose benefits exceed the total of the City's health Flex and Regular Flex Contributions to them, the balance of the health premium shall be paid by a salary deduction from the pay of the individual employee.

C. CASH IN LIEU Health Insurance Contributions
1) Effective January 1, 2024, the City shall make a monthly contribution to the City’s flexible benefit plan which, taken together with the mandatory PEMHCA contribution, equals one hundred percent (100%) of the premium for the lowest priced Kaiser (Region 1) plan for unit members enrolled at the employee and employee plus one levels; and ninety percent (90%) of the premium for the lowest priced Kaiser (Region 1) plan for unit members enrolled at the employee plus two or more level. If the employee enrolls in a plan whose premium exceeds the City contribution, the employee shall pay the difference between the total cost of the selected plan and the City’s contribution via salary deduction. In no event shall the City’s contributions pursuant to the provisions of this Section, and any statutorily required minimum contribution under the PEMHCA as determined by CalPERS in each calendar year, exceed one hundred percent (100%) of the premium cost of the lowest price Kaiser (Region 1) plan at the employee and employee plus one level, or ninety percent (90%) of the premium I - ___ _
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for the lowest priced Kaiser (Region 1) plan at the employee plus two or more level, in which the employee is enrolledEffective January 1, 2019, employees who choose not to enroll in a City health plan, and meet the requirements set forth below shall receive a Cash in Lieu amount equal to $835.66/month minus the Regular Flex Contribution (for 2018,the Cash in Lieu amount thus is $136/month).

There shall be no option to receive all or any portion of the City’s Contribution as cash or any other taxable benefit.
2) In order to receive Cash in Lieu of health coverage, an employee must sign a form attesting that the employee and the employee's Tax Family have the Alternative Required Coverage for the Opt Out Period.
a. Effective January 1, 2024, a full-time employee hired on or before December 31, 2023, into a full-time position with the City, and who chooses not to enroll in a City health plan and meets the requirements set forth below in in this subsection shall receive a Cash in Lieu amount equal to $835.66/month paid out on the first pay period of the month. b. A full-time employee hired or rehired on or after January 1, 2024, and who chooses not to enroll in a City health plan and meets the requirements set forth below shall receive a Cash in Lieu amount equal to $250/month paid out on the first pay period of the month.
c. Requirements: In order to receive Cash in Lieu of health coverage, an employee must sign and submit a form attesting that the employee and the employee’s Tax Family have the Alternative Required Coverage for the Opt Out Period.
(1) Tax Family means all individuals for whom the
employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt out applies.
(2) Alternative Required Coverage required means
minimum essential coverage through another source (other than coverage in the individual market, whether or not
obtained through Covered California).
(3) Opt Out Period means the plan year to which the opt out arrangement applies.
(4) An employee must provide the attestation and proof of Alternative Required Coverage every plan year at open
enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive cash Cash in lieuLieu.
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know that the employee or a Tax Family member does not
have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.
(6) An employee who opts out of City-offered health benefits, but cannot provide the attestation, will not receive the cash in Lieu contribution described in this subsection.
d. For employees whose regular work schedules are 30 or more hours per week but less than 40 hours per week, the Cash in Lieu amount shall be prorated as described in Section E below
D. FLEXIBLE SPENDING ACCOUNT (IRS SECTION 125 PLAN)
The City has established a Flexible Spending Account benefit (IRS Section 125 Plan) for employees, which provides accounts in which employees may contribute pre-tax dollars for dependent care and un reimbursed medical expenses. This Plan will follow the regulations outlined by the Internal Revenue Service. Detailed information will be available in the Summary Plan Document. This plan is voluntary and participating employees will make pre-tax salary reduction elections to fund the plan.

3. DENTAL INSURANCE
The City will pay toward dental insurance premiums an amount equal to the lowest cost employee only premium amount among the dental plans offered by the City. All employees are required to enroll in a dental plan.

4. VISION INSURANCE
For persons enrolled in the City's VSP vision plan, the City will pay toward vision insurance premiums an amount equal to the lowest cost employee only vision premium. Participation is voluntary. Employees that do not choose to enroll in a vision plan are not entitled to the benefit of City contributions to vision premiums described in this paragraph.

5. DEFERRED COMPENSATION

Effective beginning the first full pay period following City Council approval of this MOU, theThe City shall contribute $150 per month to a deferred compensation plan on behalf of each represented employee.

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6. HOLIDAY PAY
A. The City will observe the following thirteen (13) dates (or days) as City holidays and City offices will be closed in observance of those holidays. Represented employees will be entitled to eight (8) hours of paid time off in observation for each of the holidays listed:
 New Year's Day (January 1),
 Martin Luther King, Jr. Day (3rd Monday in January),
 President's Day (31d Monday in February),
 Spring Holiday (observed on Good Friday),
 Memorial Day (last Monday in May),
 Independence Day (July 4),
 Labor Day (1st Monday in September),
 Admission Day (September 9),
 Columbus Day (2 Monday in October),
 Veteran's Day (November 11),
 Thanksgiving Day (4th Thursday in November),
 Friday after Thanksgiving, and
 Christmas Day (December 25).

Holidays which fall on a specific date and which fall on Saturday are observed the preceding Friday. Holidays which fall on a specific date and which fall on Sunday are observed the following Monday.

The City and Unit 9A previously agreed to represented employees giving up 104 hours of holiday pay in exchange for a corresponding and equivalent 5% salary increase. The salary ranges for represented employees were adjusted so that they were placed back at the same percent of control point they were at prior to the transition of holiday pay to salary. The number of annual paid holidays included on the Salary Adjustment Form will be 13 days (computed at the eight hour per day pay rate).

7. VACATION ACCRUAL
A. Represented employees will accrue vacation, calculated to four decimal points for accuracy, as follows:

COMPLETED YEARS OF SERVICE ACCRUAL RATE
1 through 9 years 120 hours
10 through 15 years 160 hours
16 through 20 years 176 hours
21 or more years 192 hours
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B. On or before the last business day before December 25th each calendar year, an employee may make in writing on an “Irrevocable Vacation Cash-Out Election Form” to be provided by the City an irrevocable vacation cash-out election for up to two cash-outs of vacation the following calendar year. To be effective, the employee’s written notice must be received by the Director of Human Resources or designee no later than the last business day before December 25th of the calendar year before the calendar year in which the employee wishes to cash-out vacation. The amount of vacation requested to be cashed out in the following calendar year may not exceed a total of eighty (80) hours, which number of vacation hours must have been earned in the following calendar year before it may be cashed out, and requires a sufficient balance of available accrued vacation. It is understood that an employee using vacation shall always use vacation earned in prior years first before using vacation earned in the current year. The date options available on the Election form provided by the City for the up to two cash-outs shall be the first full pay period in April, July, October or December.

This provision shall have no effect on an employee’s right to cash out all his or her accrued vacation at the time of the employee’s separation/retirement from City employment.

C. Maximum Vacation Accrual Limit – Maximum vacation accrual which may be credited to an employee at the end of the pay period which includes December 31 shall be 450 hours.

1)C. Effective December 27, 2020 (the first pay period of calendar year 2021), and subject to Section 7.E below, the Maximum Vacation Accrual Limit shall be increased to 480 hours. Employees shall not be allowed to accrue vacation above the Maximum Vacation Accrual Limit.

D. In lieu of receiving a vacation-leave cash payout at retirement, the Association may vote to roll accrued vacation leave hours (except for any hours in the Temporary Supplemental Vacation Accrual balance) into the employee's Voluntary Employee Beneficiary Association (VEBA) account, subject to Association compliance with Federal rules associated with employee contributions of vacation leave to their VEBA accounts.

E. Effective December 27, 2020 (the first pay period of calendar year 2021), the Maximum Vacation Accrual Limit as described in Section 7.C above shall be temporarily suspended for two (2) years until the end of the last pay period of calendar year 2022. Employees may continue to accrue vacation above the Maximum Vacation Accrual Limit until December 24, 2022 (the last pay period of calendar year 2022).
1) Effective December 25, 2022 (the first pay period of calendar year 2023), employees shall not be allowed to accrue vacation above the Maximum Vacation Accrual Limit of 480 hours.

F.E. Temporary Supplemental Vacation Accrual – Effective December 25, 2022 (the first pay period of calendar year 2023), employees holding positions in I - ___ _
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classifications assigned to Unit 9A shall be eligible for the Temporary Supplemental Vacation Accrual. The Temporary Supplemental Vacation Accrual is a separate vacation balance subject to the following:
1) Effective December 25, 2022, the temporary suspension of the Maximum Vacation Accrual Limit ended and all unused accrued vacation hours above 400 hours as of December 24, 2022 (the last pay period of calendar year 2022) shall be were placed in the Temporary Supplemental Vacation Accrual balance. (a) The following is only an example of the Temporary Supplemental Vacation Accrual described above, and any figures are for illustration purposes only and assumes the employee does not use vacation.
. Issue Hours
Vacation Balance as of the last pay period of
calendar year 2022 500
Hours to be placed in Temporary Supplemental
Vacation Accrual 100
Vacation Balance as of the first pay period of
calendar year 2023
400
Hours that can be accrued in calendar year 2023 80
Hours that can be accrued above the Maximum
Vacation Accrual Limit of 480 hours
0 2) The Temporary Supplemental Vacation Accrual balance may not be increased. 3) Subject to supervisory approval, any Temporary Supplemental Vacation Accrual shall be available for use to the employee until the Temporary Supplemental Vacation Accrual balance has been exhausted.
4) If an employee leaves or retires from City service, any unused Temporary Supplemental Vacation Accrual hours shall not be subject to the terms of Section

7.D above. Any accrued but unused Temporary Supplemental Vacation Accrual hours will be cashed out upon the employee’s retirement or other separation from City service, subject to Section 7.E.5 below. If permitted by the City’s deferred compensation plan and applicable law, the separating employee may elect to contribute all or a portion of their accrued but unused Temporary Supplemental Vacation Accrual hours to their deferred compensation account by submitting a written request no later than 30 days prior to their separation from City service. 5) An employee must first use their Temporary Supplemental Vacation Accrual for any vacation leave taken until the Temporary Supplemental Vacation Accrual balance has been exhausted, subject to supervisory approval.

However, employees in the classification of Assistant Police Chief (Job Code 027) as of October 30, 2023 may elect to freeze the value of their Temporary Supplemental Vacation Accrual Hours at the employee’s rate of pay as of October 30, 2023. Employees who have opted to file such an election (including a release of claims) may use either Temporary Supplemental Vacation Accrual Hours or MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
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accrued vacation for time off. Upon the employee’s retirement or other separation from City service, all Temporary Supplemental Vacation Accrual Hours will be cashed out at the employee’s rate of pay as of October 30, 2023. 6) An employee (except employees who are in the Assistant Police Chief (Job Code 027) classification who have filed an election under Section 7.E.5 as of October 30, 2023) must use their Temporary Supplemental Vacation Accrual for any leave of absence until the Temporary Supplemental Vacation Accrual balance has been exhausted subject to any requirement that sick leave be utilized first. 7) An employee may not be on unpaid status until the Temporary Supplemental Vacation Accrual balance has been exhausted and must use their Temporary Supplemental Vacation Accrual until the Temporary Supplemental Vacation Accrual balance has been exhausted, with the exception of any formal disciplinary action pursuant to the City’s Civil Service Rules.

8. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE
A. SICK LEAVE
1) Employees shall accrue ninety-six (96) hours of sick leave per year of regular City employment. Sick leave shall accrue in equal amounts each pay period.

Employees shall not accrue sick leave while they are on unpaid status. 2) Use of sick leave will be under the same terms and conditions as are now in place. Vacation and Management Leave may be used to supplement sick leave as available and with Department Head approval.
3) In lieu of receiving a sick-leave cash payout at retirement, the Association may vote to roll the sick leave cash payout into the employee's Voluntary Employee Beneficiary Association (VEBA) account, subject to Association compliance with Federal rules associated with employee contributions of sick leave to their VEBA accounts.

B. FAMILY SICK LEAVE
1) Not more than fifty-six (56) hours of sick leave within one calendar year shall be granted to any employee for the care or attendance upon members of his/her immediate family, unless the use of additional leave is approved by the City Manager or designee. "Immediate family" is defined as spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, first cousin, parent by marriage, step-parent, step-child, grandparent by marriage, son-in-law, daughter-in-law, sibling by marriage, foster parent, domestic partner, anyone residing with employee, or anyone dependent on the employee for care.

C. PERSONAL LEAVE
1) Each calendar year, an employee is entitled to use thirty-two (32) hours of accrued sick leave as Personal Leave, provided he/she has sufficient sick leave balance available.

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2) Personal Leave is intended to provide the employee with paid time off to attend to legitimate personal business that may arise from time to time during the year. Personal Leave may be used to supplement sick leave as required. 3) The employee has an obligation to provide as much notice as possible so as to allow for proper scheduling by the department.
4) Providing that the minimal requirements of proper notification have been met, the use of Personal Leave should not be denied.
5) The adoption of this program does not modify the existing ability of the employee to exchange up to 96 hours of accrued sick leave for up to 48 hours of vacation, based upon two (2) hours of sick leave for one (1) hour of vacation as provided and defined in the Personnel and Salary Resolution.

9. BEREAVEMENT LEAVE
A. The City will provide employees with a paid bereavement leave benefit to attend to the customary obligations arising from the death of a member of an employee's immediate family, as defined in this Section 8(A). Employees are eligible to receive up to forty (40) hours of bereavement leave in the event of the death of a parent (including step, adoptive and in-law), child (including step, adoptive and inlaw), sibling (including step, adoptive and in-law), spouse or domestic partner; up to three (3) work days (regardless of shift assigned) of bereavement leave in the event of the death of a grandparent (including step, adoptive and in-law), grandchild (including step, adoptive and in-law), aunt (including step, adoptive and in-law) or uncle (including step, adoptive and in-law); and up to one (1) work day (regardless of shift assigned) of bereavement leave in the event of the death of their own or a step, adoptive, or in-law great-grandparent, great-aunt, great-uncle, great-grandchild, niece, nephew, or first cousin.

B. The bereavement leave benefit is based on each death occurrence and is not charged through the total compensation model.

C. Up to five (5) work days of additional bereavement leave may be charged to an employee's sick leave balance with City Manager approval.

D. At the request of the City, the employee will provide verification.

10. VOLUNTARY TIME OFF
Employees may request voluntary unpaid time off under the following conditions:

A. Approval of a work schedule that does not adversely impact the operations of the department or other employees in the work unit with the approval of the Department Head and the City Manager.

B. No impact on either sick leave or vacation accrual if sufficient hours are worked in a pay period to entitle the employee to his/her regular accrual rate for either benefit.

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C. No reduction of insurance premium payment or refund as long as sufficient hours are worked to allow for full payment of the premium for an employee working a full time work schedule. If the number of hours worked is less than the number required for full payment of premiums or refunds, the premium or refund payments will be reduced in proportion to the hours required to gain full credit.

D. Voluntary time off may be taken without the employee first using all of his/her accrued leave.

E. Employee may cancel his/her participation in the program with a notice time agreed upon at the time of the granting of the request, which will be sufficient to allow the department head to accommodate the request.

F. Cancellation of the employee's participation in the program will be at the discretion of the Department Head with the approval of the City Manager.

11. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA)
The City has established a Voluntary Employee Beneficiary Association (VEBA) trust under Internal Revenue Code Section 501(c)(9) for the purpose of providing a City-wide defined contribution post retirement medical benefit for employees hired prior to December 21, 2003. Specific information regarding the Plan is referenced in the Plan Document.

The City has established a Voluntary Employee Beneficiary Association (VEBA) trust under Internal Revenue Code Section 501(c)(9) for the purpose of providing a City-wide defined contribution post retirement medical benefit for employees hired prior to December 21, 2003. Specific information regarding the Plan is referenced in the Plan Document.

VEBA is a tax-exempt trust account formed under Internal Revenue Code Section 501(c)(9) designed to accumulate assets to fund the future payment of qualified medical expenses (including specified insurance premiums). At retirement, participants may withdraw the accumulated plan benefits to pay for medical insurance premiums and will not be taxed under current state and federal law. Withdrawals cannot be made for nonmedical purposes.

Effective beginning December 16, 2007, the City began contributing $50 per month to employees’ VEBA trust accounts. Effective December 23, 2019, the City shall contributebegan contributing $100 per month to the employees’ VEBA trust accounts.

Per the city’s contract with VEBA, VEBA’s consulting fee will be deducted from plan participant’s accounts.

12. RETIREE MEDICAL REIMBURSEMENT BENEFIT
The Retiree Medical Benefit shall provide each employee who retires from the City with a CalPERS retirement with at least ten (10) years of regular City service with a reimbursement for unreimbursed single retiree health insurance premium, beginning with the first full month after retirement from City service and ending with the last full month before the retiree's sixty-fifth (65th) birthday. Starting with the month in which the retiree turns age sixty-five (65), the reimbursement will be for unreimbursed Medicare single I - ___ _
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retiree supplemental insurance premium or unreimbursed single retiree insurance premium. For premiums paid in calendar year 2017 that will be reimbursed in calendar year 2018, the City will reimburse an amount up to $352 per month, including the PEMHCA minimum, for unreimbursed single retiree health insurance premium or up to $211 per month, including the PEMHCA minimum, for unreimbursed Medicare single retiree supplemental insurance premium or single retiree health insurance premium. The amount of the City reimbursement will be adjusted once each year by the percentage change from October to October in the San Francisco-Oakland-San Jose urban wage earners and clerical workers (W) consumer price index from the prior year, but in no event will be increased more than 3.5%. Beginning in 2004, the City will fund this benefit with an amount to be determined by an actuary.

Each retiree will be required to submit proof of medical coverage to the City each year.

The City will pay the reimbursement in a lump sum payment quarterly.

13. PEACE OFFICER STANDARDS AND TRAINING (POST) CERTIFICATE A. Employees are eligible for up to a maximum of 7.5% of base pay as follows:
1) Supervisory POST Certification. Effective December 24, 2023 (the first pay period of calendar year 2024), employees that have achieved Intermediate the Supervisory POST certification shall receive 2.5%3.75% of base pay for this certification.
2) Management POST Certification. Effective December 24, 2023 (the first pay period of calendar year 2024), Employees employees that have achieved Advanced the Management POST certification shall receive an additional 2.5% (for a total of 5.0%)3.75% of base pay for this certification.

14. UNIFORM ALLOWANCE
The City will provide a uniform allowance of $600 per year. Effective December 27, 2020 (the first pay period of the calendar year) the uniform allowance will be paid on the first two (2) pay periods of every month.

15. PDA/SMART PHONE STIPEND
The City will agree to provide an $80 per month PDA/smart phone stipend to those employees who wish to receive it instead of receiving and using a City issued PDA/phone.

Effective December 27, 2020 (the first pay period of calendar year 2021), the PDA/smart phone stipend shall be paid on the first two (2) pay periods of every month. Employees choosing to participate in this program will be responsible for securing their own PDA/Smart Phone, and providing the applicable telephone number to the Police Department, and to Human Resources. (See Appendix A.)
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16. STADIUM DETAIL
Police Management employees will be paid at 1.5 times the Step 5 Lieutenant salary rate for hours performing Stadium Detail special event work outside an employee's regular schedule, and which amounts shall be reimbursed to the City by the Stadium Authority. Such pay and detail shall be limited to those events where the Chief of Police concludes that the presence and work of Police Management personnel is required.

Effective the first full pay period following City Council approval of this MOU, the pay amount will increase to 1.5 times the Step 7 Lieutenant salary rate.

17. MANAGEMENT LEAVE PROGRAM
The Management Leave Program is as follows:

A. Effective January 1 of each year, represented employees will be credited with 120 hours of Management Leave.

B. New hires or employees promoted into Unit 9A between January 1 and June 30 will be credited with 120 hours of Management Leave. New hires or employees promoted into Unit 9A between July 1 and December 31 will be credited with 60 hours of Management Leave.

C. Use of Management Leave is subject to approval by the City Manager or his/her designee. Such use shall be approved unless staffing or other conflicts prohibit such approval.

D. Management Leave is not charged through the Salary Adjustment Form.

E.D. Management Leave may not be converted to cash or other paid time off.

F.E. Unused Management Leave may be carried over from one calendar year to the next; however, an employee may never have more than a balance of 180 hours of management leave, subject to Section 17.FE.1-3 below. (Thus, and for example, an employee that already has 180 hours of management leave on January 1 would not receive any further management leave. An employee that already has 100 hours of management leave on January 1 would “only” receive an additional 80 hours. An employee with 60 or fewer hours of banked management leave on January 1 would receive 120 hours.
1) For calendar year 2021, an employee may have up to a balance of 240 hours of management leave.
2) For calendar year 2022, an employee may have up to a balance of 240 hours of management leave.
3) For calendar year, 2023, an employee may have up to a balance of 240 hours of management leave.
4) Effective the first pay period of calendar year 2024, the terms of Section 17.F above shall apply, and an employee may have no more than a balance of 180 hours of management leave.

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18. EMERGENCY PAID LEAVE POOL
A. ADMINISTRATION
Administration of this program shall be provided by a three (3) member Emergency Paid Leave Board (Board) consisting of two (2) members of the Unit 9A Board and the City Director of Human Resources (or designee). Determination of eligibility to use the vacation established in this Emergency Paid Leave pool will be by majority vote of this board. An adverse decision of this board may be appealed to the Association Board of Directors and their determination shall be final.

B. METHOD OF DONATION
1) Contribution of vacation or CTO will be computed at the member's base hourly rate of pay (excluding premium or specialty pay).
2) Contribution may be made from earned vacation, CTO or cash only. Conversion of Sick Leave to Vacation for purposes of donation to this pool will be immediately credited to the pool without the ninety (90) day waiting period. 3) In a case where it has become known that an employee has been seriously injured or has a life-threatening illness and is in need of assistance from the Emergency Paid Leave Pool, contributions from accrued Sick Leave, bypassing vacation conversion, computed at the contributing employee's base hourly rate of pay (excluding premium or specialty pay) may be made for the benefit of that specific employee who has the need.
4) Employee may authorize the City to automatically convert vacation that should be accrued to the employee to the pool when the employee's vacation accrual has reached the maximum allowed.
5) Funds contributed to the Emergency Paid Leave Pool will be placed in an interest bearing Trust Fund. The Trust Fund will be accumulated in total dollars. No record of number of hours contributed to the Pool will be maintained. An employee making a donation to the Pool will not have a vested right to the amount donated.

The Finance Department will report the status of the fund on a calendar quarter basis to the Association.
6) Employees may contribute earned vacation, CTO or cash to the Emergency Paid Leave Pools of other City bargaining groups.

C. USE OF POOL
Employee must have a verified emergency need for time off to request Emergency Paid Leave from the pool. Non-medical emergencies shall be verified by certification acceptable to the Board and shall include the anticipated duration of the emergency.

Medical emergencies for the employee or dependent shall be verified by a doctor's certification and shall include the anticipated duration of the medical emergency. An employee's initial request to use leave for a medical emergency shall be made to the City's Director of Human Resources (or designee). The Director of Human Resources (or designee) shall make an initial determination regarding whether the employee's I - ___ _
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request to use Emergency Paid Leave is for a verified medical emergency. The Director of Human Resources (or designee) shall notify the rest of the Board of the name of the individual making the request, the date of the request and whether or not the individual's request qualified as a verified medical emergency need under this section. 1) Employee must have exhausted appropriate paid leave (sick leave including eligible conversion to vacation, vacation or CTO) prior to becoming eligible to request Emergency Paid Leave benefits from the pool. Employee will be notified by the Personnel Department when they first become eligible to request emergency leave benefits from the pool.
2) The maximum time available from the pool (subject to the assets of the pool) will be 160 hours (two [2] pay periods) for Emergency Paid Leave benefits due to the illness or injury of the employee or the maximum allowable accrual of vacation for emergency needs of the family of the employee. 3) An additional 160 hours (two pay periods) will be made available in extreme circumstances if an employee has a medical emergency. The decision to grant or deny a request for an additional 160 hours will be made by a majority vote of the Employees' Association Board Members.
4) Emergency Paid Leave will be deducted from the pool based upon the employee's base hourly rate of pay (excluding premium or specialty pay). 5) Emergency Paid Leave hours will be made available for use in the pay period following approval by the Board.
6) Use of Emergency Paid Leave from the pool will be treated in the same manner as use of regular vacation. The employee will continue to accrue sick leave, vacation, insurance coverage and other benefits in the same manner as he/she would if using regularly credited vacation.
7) Emergency Paid Leave that has been credited to the employee and has not been used when the emergency has terminated will be reinstated to the pool.

Vacation, sick leave and other benefits that have accrued to the employee will remain in the employee's account.

19. ALTERNATE WORK SCHEDULE (NINE-EIGHTY SCHEDULE)
Unit 9A employees shall be eligible to work a 9/80 alternate work schedule according to the conditions, criteria, and requirements set forth in City Manager's Directive 71.

Requests to work a 9/80 schedule shall be made through or by the Chief of Police to the City Manager. The City Manager must approve the schedule and the City Manager or Chief of Police may terminate the schedule at any time.

20. FLEXIBLE SPENDING PLAN, INTERNAL REVENUE CODE, SECTION 125 The City will make available a Flexible Spending Plan under the Internal Revenue Code Section 125 for employees. Employees may contribute pre-tax (federal, state, FICA, Medicare) dollars for dependent care and qualified un-reimbursed medical expenses. This Plan will follow the regulations outlined by the Internal Revenue Code.

I - ___ _
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 20 -
Detailed information will be available in the Summary Plan Document.

The City will pay the administrative expenses for the plan. This Plan is voluntary and participating employees will pay the monthly participation cost. The monthly participation cost will be considered pre-tax, as defined above, under Internal Revenue Code Section 106. Participating employees will be provided with an Employee Plan Summary and regular statements regarding the status of their flexible spending accounts.

21. DOMESTIC PARTNERS
The City shall make all benefit programs available to employees, dependents and domestic partners, subject to the requirements of each benefit provider.

22. CHEMICAL TESTING
It is the policy of the City of Santa Clara, the Santa Clara Police Department and the Association to provide and maintain a drug and alcohol free work environment for all employees. The above parties recognize and agree that the duties, responsibilities and actions of a police officer may expose the City, the Department and its employees to possible civil or criminal liabilities in the area of drug and alcohol use. In order to address the above concerns, all parties agree as follows:

It will be the responsibility of any represented employee to comply with the Santa Clara Police Department policy on drug and alcohol use, and pursuant thereto, to submit to a blood test as appropriate and chosen by the involved employee, when ordered by the Chief of Police or his/her designee. A breath test may be chosen only if alcohol use is suspected. All chemical testing shall be administered in a medically approved manner and as soon as practical after being ordered, but no later than six (6) hours after the incident, in the case of A, B, C, or D listed below, whether the employee is on-duty or off-duty at the time of the occurrence whenever any of the following occur:

A. Any incident in which a firearm is discharged by an employee, acting under color of authority, and death or serious injury is likely to occur. Furthermore, unless the death or serious injury of another occurs, this section will not apply to incidents in which a firearm is discharged accidentally, as a warning shot, or at a dangerous or suffering animal. For the purpose of this section, the use of an extended range impact weapon is not defined as a firearm discharge unless used as deadly force.

B. Any intentional use of any other deadly or dangerous weapon by an Officer, or an intentional act on the part of an Officer, which proximately causes the death or, or injury likely to produce death to another.

C. Any traffic accident involving an employee operating a City-owned vehicle which results in death of another or any traffic accident involving an employee operating a City-owned vehicle which results in an injury likely to produce death to another and the employee appears to be the proximate cause of the accident.

D. Any incident where the Chief of Police or his/her designee has a reasonable belief based upon objective symptoms that an employee is in violation of the departmental policy on drug or alcohol use. The verbal order to submit to a chemical test(s) shall I - ___ _
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 21 -
set forth the reasons for the test(s) and shall be followed at the time the test is administered by a written statement of the order.

E. Any reasonable incident where the Chief of Police or his/her designee develops reasonable suspicion that an employee has used illegal drugs. Reasonable suspicion will be defined as that quantity of proof or evidence that is more than a hunch, but less that probable cause and must be based on objective and articulable facts sufficient to lead a reasonable, prudent supervisor to suspect that an employee has used illegal drugs.

The following examples, alone or in combination, may constitute reasonable suspicion:
1) A pattern of documented abnormal or erratic behavior that indicates potential drug use;
2) Direct observation of drug or alcohol use by a reliable and credible source; 3) Corroborated information provided by a reliable and credible source that an employee has engaged in illegal drug use, the identity of which source shall be available to the employee and the association.

F. Employees being assigned to, or being rotated out of specific assignments shall be subject to drug testing at the beginning and at the end of such assignments. These assignments include the Specialized Crimes Action Team (SCAT), Santa Clara County Special Enforcement Team (SCCSET), the Administrative Narcotics Investigator, and the Drug Enforcement Agency (DEA) task force.

Demands for drug or alcohol analysis by supervisors which are determined to be malicious will not be tolerated and may subject the directing individual to disciplinary action.
"Designee" is defined as any sworn Santa Clara Police Officer with the rank of Assistant Chief, Captain, Lieutenant or Sergeant.

In the event any portion of the Chemical Testing policy herein described in this MOU is in conflict with any non-negotiated policy, procedure, manual or directive, including the Police Operations Manual, the provisions of this MOU shall prevail.

Nothing is this section shall prevent any represented employee from voluntarily requesting or providing a chemical sample if deemed appropriate by the employee.

23. EMPLOYEE ASSISTANCE PROGRAM
The City agrees to provide a confidential Employee Assistance Program to be funded outside of Total Compensation.

24. MERIT PAY/SALARY ADJUSTMENT PROGRAM
Merit pay adjustments as provided for in the Personnel and Salary Resolution are, and will continue to be available during the term of this MOU when and if approved by the I - ___ _
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 22 -
applicable Department Head and the City Manager, subject to Section 24.G F below.

The Merit Pay Adjustment system shall include the following elements:

A. Each Unit 9A employee shall receive an annual evaluation.

B. Annual consideration of merit pay adjustments, subject to Section 24.G F below, with an affirmative decision by the applicable Department Head shall be required each year following the annual evaluation.

C. Merit pay adjustments shall range from 0 to 5%, subject to Section 24.G F below.

D. In 2017, employees are eligible for a merit pay adjustment based on an evaluation prepared by February 2, 2017, which date will be their merit pay anniversary each year going forward.

1) Notwithstanding D. above, for employees that have been employed a full year as of February 2, 2017, they will be eligible on their actual anniversary date, which shall also be their merit pay anniversary date thereafter. 2) Notwithstanding D. above, for employees that receive a merit increase between January 1, 2016 and February 2, 2017, the date of their last merit increase shall be their new merit pay anniversary date. 3) If a Department Head has not completed an evaluation in time for a merit adjustment by an employee’s anniversary date (February 2, 2017 for most employees), the applicable merit pay adjustment once determined shall be made retroactive to the first full pay period following the anniversary date (and to February 2, 2017 for those persons whose anniversary date is February 2, 2017).

E.D. Subject to Section 24.G F below, the City shall not suspend or freeze consideration of merit pay adjustments for Unit 9A employees unless step increases are suspended or frozen for all bargaining units that utilize a step system.

F.E. The City and Unit 9A may, by mutually agreement, meet to discuss potential changes to the merit pay system and/or movement toward a step pay system more like other bargaining units.

G.F. Effective January 1, 2021, employees holding positions in classifications assigned to Unit 9A shall be ineligible for a merit increase for the next two (2) consecutive rating periods. This means that an employee in Unit 9A shall not be eligible for a merit increase until the third rating period after January 1, 2021, and after the employee had skipped two (2) consecutive rating periods where they did not receive a merit increase.
1) Employees hired or rehired or promoted on or after January 1, 2021, and until on or before December 31, 2022, into positions in classifications assigned to Unit 9A shall be ineligible for a merit increase for the first two (2) consecutive rating periods. This means that an employee hired or rehired or promoted between January 1, 2021, and December 31, 2022, will not be eligible for a merit increase until the employee’s third rating period with the city after the MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 23 -
employee was hired or rehired or promoted into positions in classifications assigned to Unit 9A.
(a) A current active City employee promoted from another bargaining unit into a position in a classification assigned to Unit 9A between January 1, 2021, and December 31, 2022, shall be ineligible for a merit increase until the employee’s third rating period form the effective date of the promotion.
(b) A current active City employee holding a position in a classification assigned to Unit 9A as of the effective date of this agreement who is promoted into or accepts another position in Unit 9A between January 1, 2021, and December 31, 2022, shall be ineligible for a merit increase unless the employee has skipped two (2) consecutive rating periods where they did not receive a merit increase since January 1, 2021. 2) Employees in the Assistant Police Chief (Job Code 027) classification as of January 1, 2024, shall be ineligible for a merit increase in calendar year 2024.

Employees in the Assistant Police Chief (Job Code 027) classification shall not be eligible for a merit increase until the employee’s rating period ending in calendar year 2025.

25. ASSOCIATION DUES DEDUCTION
All employees within the bargaining unit may voluntarily join the Police Management Association and pay dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the organization (hereinafter "payroll deductions") as determined by the Police Management Association. It shall be the responsibility of the Police Management Association to maintain a record of employees who have given their written consent to join and pay dues to the Police Management Association. The Police Management Association shall certify to the City the identity of such members and the amount of such payroll deductions to be deducted.

The City agrees to deduct the periodic payroll deductions from the paycheck of each employee who voluntarily executes a valid authorization form as certified by the Police Management Association, or pursuant to an authorization form tendered to the City by either the Police Management Association or the employee. All sums deducted by the City shall be remitted to the Police Management Association in an expedient manner and at the intervals requested by the Police Management Association (i.e., no more than seven (7) calendar days after the deduction), together with a list of names of each employee for whom a deduction was made.

If an employee member in the bargaining unit desires to revoke, cancel or change prior dues deduction authorization, the City shall direct the employee member to the Police Management Association. Any such dues deduction revocation, cancellation and/or change shall only be effective when submitted by the Police Management Association directly to the City and is subject to the terms and conditions as set forth in the original payroll deduction/authorization.

Notification will be provided to the City's Payroll Division. Any change, cancellation or deduction request received by the City prior to the 15th of the month will be processed I - ___ _
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 24 -
the first full pay period of the following month. Change, cancellation and deduction requests received by the City on or after the 15th of the month will be processed the second full pay period of the following month.

The Police Management Association shall indemnify and hold the City and its agents and employees harmless from any cost, expense, fee or liability resulting from any claims, demands, lawsuits, or any other action arising from the operation of this Section.

The City shall promptly provide the Police Management Association with notice of any such claim, demand, lawsuit, or any other similar action arising from the operation of this Section.

26. PAY PERIODS
Allowances/payments or accrual rates that are an agreed upon amount per month or year but are paid for administrative purposes in incremental amounts each pay period, shall be the same total amount per year in years in which there are 27 instead of 26 pay periods. This clarification is not intended to and would not modify anyone's salary/pay rate.

27. LIGHT BODY ARMOR
All currently issued light body armor and vest carriers shall be replaced at City expense five (5) years from the date of issue.

All body armor and vest carriers, regardless of the purchaser, shall remain the property of the City.

The employee is required to wear this equipment whenever he/she is performing general law enforcement duties outside the Police Administration Building and in uniform.

I - ___ _
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 25 -

27.28. NEXT MOU NEGOTIATIONS
Unit #9A will submit its proposals for a new MOU for the term commencing at the expiration of this MOU no later than November 1, 20232025.

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 26 -

FOR THE CITY OF SANTA CLARA FOR THE CITY OF SANTA CLARA

UNCLASSIFIED POLICE

APPROVED: APPROVED AS TO FORM:
\
_________________________________ _________________________________ Deanna J. SantanaJōvan D. Grogan Glen Googins
City Manager City Attorney
Date: ______________ Date: ______________
APPROVED BY THE CITY COUNCIL ON:

ATTEST:

City Clerk Date
I - ___ _
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 27 -
APPENDIX A: PDA/SMART PHONE STIPEND INFORMATION
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 28 -
Cell Phone Stlp-end Program for Unit 9 - Miiscellaneous Unclassified Managerneot Ernployees April 11, 2014
Peige 2
sitmdfons. lfa Unit 9 emp O)'e..e Jn1rlicipnting in the stipend program e. periences o lost, stolen or damaged cell phone, his expecled that the employ,ee will active]y seek lo have the dev ice replac-ecl or t-e1mired in a 1·eas:onable period oflirne in order to remain eJigiblc or the monlhly stipend (refor o C D 116 for odditional requken ents ifa phone is losl. or stolen). The stipend progl'lUll is focusoo only o the Uni19' employee's per~on,al cell phon or snmrlphone, and not to other c,ell phones that m • ghl: be inchlded \l 1der ;;i s.hared or family plan diat !he employee may have willi a service prov.i le·.

Jf 1he Unit 9 employee changes their ooll pltone nurnbef' for ~ny reason, the Human Resources Depintmcnt must be nolUied in the ne-xl work week oftbe n w cell phone numb r, lf an employee recelving a cell phone sijpend ,chooses to 110 longer use a person.ii c-cll phone for any 11e~son I e Human Re-sou1'Ces. Depa11ment should be noitificd i.mmedia1ely, and Hie stipend will be dis.continued in the uext- ~pplicablc pay per.loci .

The stip nd fa 1>.aid at a nne of 40 er pay perlod (wJ1h no pa~n ent 011 two of l\\reJlty-si:.: pay periods amumlly). A Unit 9 e.mpfoye-e stmtrng employment or lermim.1ti11g employment .in the middle of any month wiU receive one-half of the mo lhly slipend ( 40). Tho s.1ipend will commence iu the first applicable pay peJiod .filer the Unit 9 empfoyee's request has been received, revi,ewed and approved by the Human Resources Department. The essential review crite1fa 11t-e that 1he employee ·s a membei- ofU11it 9 fiscelltmeous M1magernent Employees' Association.,. and that the employee has subrnilted a valid cell phone nrumbe1· as requested. The stipend is consid red income to 1h.e emp1oyee and is subject to paymlI withholding.

C:MD ll6: Use of City R. om'<:Es/Non-Co-ofide 1tiul Nnture ofinfo1•m11 liio1 031 City Eq Ii1u11ent:

This CMD addresses key issues rofated to the ownership and usage of oell phone devices, aud should ,always be rt-ad and understood ·o conJ1mc ion with this stipend policy. While ii is generally the ease thait (;all l'ecOJ!ds for o pe1-sonally owned phone are not st bject to public records .requests, fue l.aw iu tbis. area csm and does clmnge. CMD 116 advises thiit empfoye s adhere to Ci1y policies. rela1ed to public records 1md email retention. Th(: Ctty Auorncy's Office should be ,cousulted for advice at1d/or l'esolution ofpub.lic records concerns.

City-bsiuecl eU Plt one Progt•am: A Unit 9 e.JJup!oyee con choose to have a City-owned cell phone issued lo them in lieu of a monthly stipend. Undc1' this progn1m, the ]ufon:nalion T eclmology Deparilmenl hfls responsibility for the seiecl:ion of ceH plione devices and ce I phone service p11oviders. The Cily then maintains a re..cor-d ,of an eit.1ployee;s cell phone number and usage iutornmdon. Activity on Ciity-owned cdl phones ·s acces.sible as a publ:ic n,cord. A Unit 9 empforee catmot have a Cil-y-issiied phone and a :stip n,d. One or che omer must be selected. If you crunerltl; have a i!y•jliStled cell pho.ne and wi:sh to pm'l'icipllte in the ipend program, you wHl need o acquire a personal ceH phone rmd servfoe p.lan aind then lum in your City-issued cdl phone. Part ofthe mliomde for this program is to d:ecreas:e the numhernfCity supplied/City suppo ·led celJ phones lhrough the use of a stipend pt-ogram. itrfurmaljon technology ~-ystom$.. ll'you do not desil'e lo connect to the City's email system, then any ceU phone 01· ~-vice jJrov1der could be selected.

To be eligible for the nKH1th!y stipend, the Unil 9 employee must provide the Ht.iman Resoiusccs Depal'lme11t with an a.c.tive cen phone numbet. IE is expected thm the employee wi]I respond lo work-rclated aH:s and most crjtka , actively monitor theii· phone during City ernergency MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 29 -
I - ___ _
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 30 -
· ... -~-;.. •a . , -~·:-;_ . .- . -1martPhone I .,.-~ ~ ~ •.:...:l,. ..,::-~ :::::~-~ ~ -.: .... ",.:: .. .. .,. . . - _: ~ . • ... • - - • l •.••· .. ~ ' '
- ... . -'--• _ .... ..... ◄ - - . . --
._ · -Setup Protes~( •. ~ . .i· -~ ...

The purpose of this Ouk:k R.e:feren-c ls to asslsit you 111 sarnng yo r AndroW phooe lo receive Cily of
Sant@ Clara emall ..

1. Cmnplebi !he SmarlPl'lone Aufoorizalion form and
return to I e Help Desk.

2. If YQ\J have CQntact Ct" oolendar items on your
Android phone, you may lose them Hr you <:llooga
to sync with Outlook's contacts a dlar Ci!i!endair .

Back up your Android pholile so you can reslore
lheJn if neces.sary.

3. Add you Clty emaM aocoun to your Ar1drold phol"!e.,
·Acfc(1enia1i" A69::t~(:: . . ;-; . -· -:- . ·.- .·: ... : ·---:..-::. ·. -., :•:
1 . Go to Setthigs and choose Acex1unts.

2. Choose Add A.eeournt, lhen Corporate, Sync.

3. Complet,e the fl'.al<ls as follo\vs (They m y not
appear lo Is exact or<! r, >
Domalrn\Username: City or £/eolrl.c tor SVP
Employoos'.\uooroome.

Pitnword: You, curr :nt nelwortl pass.word
Check Use secu :e oorot~t~on box-,
Emaill Addiross:

Your dly email addr s&,
Server: .lmai!.santadaraca.gov.

Onc:e you se1 yo r City email account. yotJ I be
required to, enter a 4 digit passoode. You wi!ll be re ired to cmter tirnis passoode- to m lock your scra n if your phone ie ,...-:used for 5 mln~ba1s. This 1im!! can b©
nc:r cased I.JP to t5 nllm.1tes.

To chang~ 1ha peisscode,

1. Go to- Settl gs then choose Location 8. Securlty.
3, Choose Change sc11 c-n lock, lhen IP N.
• Enter a now PIN.

Warnfng1: You . mol turo off the, Erase Data feature. If you have 8 failed passoode allernpts, the data ~ ll be
erased from YoiJr pho -.
:\;'"· ~- -·•· -~:--.;-·-~---~:.- . -. = ,.:, ,· 7 .. .,_ ';' ·-;; . '":' · ... -.-· . ... ~~:'.: ~}: .' •r·c,~~~\S1! screen ~ock)~-~!P~:!.

To increit<Se lhe sere _ lock timeout,

1. Go o S-eltlngs Uian choose loeatlion & Se:curU.y.

2.. Choos S&ew'llty L<idc Tirner.

3. Increase d18 t1m8.

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 31 -
The purpose, of~ is Quick R_e erence is to assist you ir'I Sietting up your iPhone to reoeive Cily of Semla. C!aira em ·.

1. Co~plete Smal1Pllton,e Aulhorl:zatlo:n form al1d
u ll lo •he IHelp Desk,
:2. f'you have conlacl or cale:ndar ilem:s Oil your
iPhone, you rnay tase tha,m· If you choose to sync
with, Ouitlloollc1s, oonfacts and/or Caleiidtir. Back up yciur iPhone u-slng m.1 es so yoti can restore I em U
noll'CeS'aary.
3, Add you City email accowt to yo.1,11r iPho~e.
1 , Choose Settl n.g,s from the iPlione menu.
2, Choos,e Mail, Cot1ta'<:ts,
Calend'air,

3. Choose .Add Acccmnt, lh-er'I
~icroeoft E~ch:a1nge.
4, Complete the fields ,....,...,==--.::;;=-- --=
as t:O!ll\o,ws:

Email. yo ,r email
' address.

Domain: Cily ,or Efectrlo
for SVP Employe.es
Usemame; Yoor netli'i ort::
login id.

Password: Your current
network password

5. CltckNext
The SC~EIJI to tha ligbJ
appears with Sotvor field
added. Ji should be:
im:ail:sanlaclaraca.gov.

6. Choos to turn Oil
Mall Contacts, a.mil
or C-a.k111dars.
l'IQI" ' -
•~: ~r• J. ~ ~-,. -:,~ •
Co.main Ciiy

1. Choo:se SetU1tigs frQJll U1s iPhorie menti.

2. Choose General!, 1hetl Pass.code L<:Jci<,

3._ From here you ca: clie.nge Y"OUi' passoocie, chang€1 ·oow q1.1lck~ lil1 pas.sooo'e is required,. and whether or not y-0u Y1ant SMS Preview (lext messagtng
pre,.uew) to be on,
War ing: You cannot turn off' ttie Eraae D-ala teattJl'fe. If you ha-ve e railed passc.od atbemp s, the, dala will be erased rr.om your phone.
; Change Jl'll!SIU,l)cfc 1
~ ~/L\7~:~- . -:ur.1 fl n,cq~IJ~~ll~~~ lmmoolatal\l > Jcf r ~. ·~. ·;. ~· > •r,.:-:--_:=~·;:.....S!:f.:·-: ·"..!
, . H
',-.-,~~~~ ,,l
'" -~~~~~~ ~ d i . Ji
' ~~~~~~~...,......,.,.~1 · -tn
.,.. . _ \-~~ ,f:~.trtC~.rh

1. C oos:e Done.

6. Afl,er you choose O:N for C acls or Ca ·ndars, )l'OU wil[ be prompted to d ~L or add yo'Ur klcal (i:Ph¢ne)
contacts Io ,QuUook.

9. Yo wm be re Ir d to eriter a
4 i;J,igi Passcode. You wiM be
p.r()n'lp~ to, enter your
paas.ooda, if you leaw, your
iPhone "die for 5 mit11.1!.es.
1/281:2010
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 32 -
The purpose ,of lhls Quick Rsferanoo Is. to assist yoo In setfng LIP yourWitldows Moh1te de\lioe to receive
aty of Senta Clara ema .

1. Complete the Smar!F'hone Authorization form arid
return to Ute Help Desik.

2. Se up your phone 1o sync wilh lhe City's Exchange
Serve:r using ActlveSync. · · ·-. - - - --
sefup' Exch~nge Ser~t- '. • •, •,-:.: .: • • ,- .._,• l '• :, • ';'" ', • ~ • •, :•, • I

1. From the Programs merru, choose AotiveSync,

2. If it is the first time you have used yo r Wiooows
Mobile pho11e, yoo will be shown the· ro[ owing
prompt:

To sync wfJJi a desk/op computer; fnstaN
Activ&Sync on your computer end lh8n connect
lhls dev.lce.

JI yaur comp·any supports synai119 diretlty
wilh Its Exchange Setv6r yw C<'III m..w.?
)'OUf dtwJc-,9 to sync with It.

C cl\ the set up your device to syn-c with It l'nk.

Tri/.s- wlll sJ&t tire process for oo.tlll'eCUllg your d.a,vlce lo the City's 9)(Change s9,ver.

Note; The City supports syncing directly wit/1 I.ts
Excha119e Sgrver. The City do.es NOT support
syncing witli a desktop computer.

If you have already syI1Md your devi'.le to another
s.ourca, choose Menu, Add Server Souro&.

3. In lhe Server addteas tletd, type
lmall,san,taclafac:a,g,ov, ·
, 4-. C!lecl<. lhe box for This server re.quires an,
oncrypted (SSL) «itllnllctlon ..

5. Click N'ext
Qufok Ra!arence 4.3
tloil; 1 lltfb!l>UlJIIO ti·YWw.tlrikWtb M!eis ,erm ~"61. @I 11'i:! rer¥ - reQj[tel&iMY)tll:~d (551,1
(M'l<>:-lliiil

6. Complele lhe riafds as fol ows:

Usorname: Yoor ne(work login id.

Pas,eword: Ywr IMIMWk pas-swore.

Dornarn: C/ly or Electric ror SVP empJoyees.

7. c rick !he Save passwo:rd check box.

Dom : I Olly
~ 5.IYe ~IIHW~lll'd------~
(~rtrell fo!' automatlr ~y.nc)
Adv,mc~d... . I

8. Choose Noxt.

9. Check the boxes next to th~ data you woutd like to
syF1Chroniz~ wiU1 ymn City's Outlaal( acoounl.

10. arck Finish.
1ot2212009
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 33 -
iam.llNISTRAllVE OODE CMll UMBER 1115
an FMNI GER'S IDJREC111JE-l'IBO&EDUBE
suaJ:re1 :

Pl!IRPD1S'E:

IPD:UCV AS Till CIIY.,O· NED
IDR ISSUED DEVICES:

U:SE lliJF Cll'!f RESOURCES, N 9 INON-OONFIIJElNTIA l NA lURE Of [NIFIOR ,rnaN O:N CffY rnmr ENT

11. The ~riirlarry IHJrpose nf t!h'is DMD is; to ·nfo:tn11 a1II mplo'feeS !)at City equip11R:1d andl S](Stfflls, aoo Di . wor · loeallions, as: defined herein, are~ :so~ ~ i,ertr of llhe City, and \"1itih a fo~ nrinor noted eu:epblm5, are to be usedl for City ibiUS1iness only_ Yhis; ~ lie,• applies to City-cwnetll and i-ssued devices and the mse of Cilv netwollk or syswnis 5'i ng Ciw - 11 vnedi and 1pwilte deYioes, indu:ding bat oot rnited to Soartiphooes.

2. Aoother pu~pose: of llhis l:JdD ~ to inro:rn a Ditv era,pln ees. t hat plii•,ate or 1personal d:ocu11ents, writlm aes:sa~s., electiooic mess:aQes, f udlruno te t 11es~~ ena 15, etc. , materials, inforniallion, or file:s p1ared in or on IJrty equipnsem are oot pmra,te or confiden~ial aoo H,av be re'IIN!:'l'lleGi to a.scertai'I 'lli•f-.e l!hel sueh COl!I[llllllie.a!Jjons constiirute Cit~• oosms. As sach, era p10'j'ee5 :soould oo•1 have· any e.xpec:t.iti of !llllWilC'\" or mnfidemiil'liW in an oif these eiraimtanees. This &MD does not awlv to the confidenti'illi of i;iers.onnel :records 11aint:ained b., li1le Htnan Bes:ources Dep:artnient or t he Finanre Oepariraent or the cmliden1ialrt'l' of !oos:iness and related! items wilihin· l!he departr:1em wl'leiie tfle enployee works,.

Cii eq~ipnient aoo: S)'SteOIS and C:i:t'I' rvork lnc:;atoons;, are tne s:o.1e property of ·llhe ~ity and, wi:th miner ei:ce:p~irms las no.tea belo in hen No.. 4 1mder SwpeNisttr and IJeparble t H'ead Responsibjlity a~ Acilionl. are to he ~ for Cit business onfy _
Cily enrployees are· ihereb'!' inforaed tnat pri,,ate OF personal docmems, M i~ten irness,a.i,es. electlllflic 11essages fmdudi11g• le-:tt ,n ssa,ges. erniailiS,, etc:.1, 11a,tena~ infomnaition or files, placed in or on C:ity eqw~ent are not prmrate ,or coofid'entiat Eniplo1rees should nut haw an'( e·i:pect:atio:n of pri 1a C'J' or oonftde.otia[t, 11 in any of
these, oi rrai11S1aoces_
o 01cler to, aiml'uct City usiBess, indludmg irespo,ndifl!W to titre needs of eitii~ens and staff, Cit n.inaoment aoo Ditv m ;pl'oyees. wnen direc~ed. m,ay need lo1 access Oity v.-o:rk locations ,and eqllipnien1 of ,mv eni;plo~·ee 'l'iho is absem oF una\1ailable. Aoce.ss to the work loc:a~ions and equipmenl may also be neces.sar:y I~ I af fi
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 34 -
PDUC1il' AS TliJ PRU! 'iliiE
D!EVil.CES\:

GMD U 8ER H 6
fur pur1poses of 111n11ito -IIQ enployee WlllOC perfornance and aind11u:t_ Under e:x,1s1 11g ,r.o n:s10 af the f.1. v, line Oily reserves ·liJe rniQl'l1 to 111 nitm title ~ of Cit eq QOent ·for ;an~ l"e'4tSon, indud'mg llhe· rniQ t t.G1 rei.1ier , audit andl disdo:se, .a~ niid.ler:s 5ellit av.er mr ~toreirli in Ci1ty loeal!icms or re~11~inent s stffl:s to ,ensurre that uses arre in aioplianee wiili a~ laws mcl1.1dinu aipyright f,lrWs an~ City pm'licie,s,, induding lhe IDity ;Code of Ethics & Val'ues_
On11y Cit',' approvedi a d audK!ri:2tdl SRartpnone de11rres ar1e 1pen:nined to ,access an•t C'"11y rewrod: or s~•st.eas:_ The awrn1.1ed list of de1J:ices: i:s n aimamed by 11forn:nilliion Tec'boolog, IITI and li:sredl an tfue S:rn,a:r~pnone Access Au:dwriza.tiim follll :fm liTll1 a,va '!able frnn I HelpB'esklA. o,ser m , amaects: 10 Cit netli\lGIOCS via an author~ S111alilpoone de\1ice or ser1,1ioe 111u,n emit! re ba1 alt eoTaJJOnents of bisiher mreles:s airuiectio rma-11 as:
seaire as nis.tibe1 network a!IX!l¼S_ .All S:111ii1rtpbones andl ai:ooecticms 101 anv Dnv ne:two:rk or S1(5tentis .:9.hal lbe used to conduct C'it•,' :sines:. arnl u ilized appropi:iinely. r~onsibl,. and etltricall•,•- All au oo:rized rR 'ilft:p one d'e\iice and! ser11i&e users sha I,. without excep1io.n, use· seai re remte a:ccess pro&edures.

Enfoircemnt ol this pro11isioo w·il be by de'Llii:e passwords in ammllaooe, with ·fue Cily'.s P'assword trolicy _
Plfio:r to initial ure o:r ~nn.ecti'on 101 Cit~• net1Noriks: o:r s1•stens, auth01iizedl S.rnial"q)hone rile!.'ires:, :sohMre al'ld relatedi sef\'Lces 11u:s be r,emi:stered witfu IT.

Ci1 mployees, contractors, or "as reeded~ staU in 1pos:sessilm of an ,au hruized Srnartl:)bone de\tice, :sha I oo,t g a e· 11Gomcatiions of an~ kmd to toe .devire.. its. software andl'or ~R!·ce trni,t Jla',' pmentrall•i' COl'l'!ProRise the imtegrity cf Ci new rks or systm:s, without the e:tjpress :•riltea appro•:.all of IT_ This, iodude:s, but is oot lirnited ro, split tunner rig, □ a l lhoninm, non-s1:andardl hard' vare or seairil)' ronfvuratiom, eic.

Users are· ad'~ised that ~~licaMe iafll1 related to poblic 1recordls na~ reqo- ,e drie 1;1roduc1io:n of cel!tai reamh. on priNte delliires~ Users: are advised ro .adhere 101 Cit OMD's relatedl to publi1:: recOTcls and re111.aill re'lention to a:,mid me, po1entiii1J t!fi: db:s□ re of inron1aillion fron ihe- prrirare de1il'.ioes, parilieurarl~ tho~ w:se:1s 1hat reeeil.ie a stipend for p111i11a1e ~evices...
rth res,pect to: P'liblic Safe1 . IOflicer.s;,, i:t LS i ~ended that this C Ill be, re.idl lO!Jelher v,itih the, Public Safety Officers Prncedura1 Bi I of Rim ts_ 1~2of llli
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
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omNmONS:

RE SPD NS,JB,!UTV :

Df.partra.ent He.adli &
Supenrisnrs
CMD UMBER 116
'"City eq1.1ipge£1l .and systms, ,andl Cit~• work locations" is def~ herein ·10 include, but oot he Inned 10, !he: follIJ wing ire111s whetl'ieu Ibey be owr:ied, bollght, used paid for, leased, borrn red( or gi\oell to areas and! the City: Wml:. :,ipaces;, dem , lockeJs, Oit•11 rehides and eq11iprnent, co11jlllllef andl 'Uideo eq JJRe t. prinreJs_. eopiers, supplies. telephones,. n obile· data temi fa;, f;u n~hines,. radios, m a~,. text 11m:ages, other nail and ,electw jc nessammg1 s:eri,ioes, vo:ioe 11al andl !rden1et selJiices las asS!iPJned, includi~ dt.a1t.s, newsvroops, ,and Internet enaill, or ,an•1• files
"O"rtv bu5-r.ess" ioolutles, but iis; not fimitedl toJ amductmg the b~ine~ of the IJrty c'f S,anl.a1 Clar.11 illllrl! mmitorinl!l er11ploy,ee •1ork perforRanre and oooouet. -off-Ou, toe·" includes enrployee ~ine before, arid .atteJ work sflift, ltmch !or neal l]eriodl hre~ , and .~pproved, 11 aca~ionlo~r ileaYe tne_ "S11a11phnn,e" me'ilm a 111•1Jbile, n,mdheld device with adv.meed realures rike e-na~ and :nrernel cal)lilbilities_
ACT.ION

1. Authori~e isooial'iCe .andd'.isaiu:rai!je n i~e, of Oity equipm.nt, worl! lloeat ions., and .Sna<rn111h one de11ic:es_ A:PJlro !:I!: 1replij:c:enent lrl llos.1; s1olen or danage,il Cit•t-Oll\ll'letl de\lices. HeiiJlijcenie:nt Q!Sts ·will be ch,ngedl to the· user's • nnie:nt; w·hicfil i!5 then ires:pon.:9ihle for lllandr ~ reirabul'recl'lent of City fuml& i1h said user_ Repl.iceD'lelll aml Ma interaarice aiiSts far an 1f persoll!il'lowned del.iiic:es: are ·ine sole responsibilit•~ of tfue mployee_ 2_ Unde,standr that the C'ity'.s seairity soitlll'are fur the lmeme'I 11av rearrd for 11anagenent ure the Internet addres:s or site visited by the el"IJl'lo'l'ee and keep record o'i ,my netllilotik activiity in which the erll:Jllo•;.ee tranmiits or rerei11.es. am kind 11 f file; 1he· lilelenon of a1 n essage or file lrm , sor1e electronic .systera-:s n.i,y not fulJv. ·e m ale the niessa.r,e fro111 1lhe S','sten .

J_ lhdustandl that "an 111.1riiiing containog inforn.a1Jion relia ted to the condlilct of the 1pl!lblic's bu~s. pcepal'ed~ m111ned, use.di or retamed by any stal.e or lac.a] aiJe.BCV reg'il rdless ot 't&!i lt4 1 fom or ciiaracie~is.-ric:s" ,IJG01<1ennent ,Cod~ Sec6on 625i21 arn1 under so111-e cil'a!Dsta.ReeS., oon11unicati0Dli sent by en.a 'I. 1n be subject to disiclosure under be Puhlic Recoods Act or llitig'il1tiooi

4. Notwithstanding natem:nu. ii tne· CMIJ to the, oonttarv, OQ;:clsiional IJlfie or City eqllipoen by an enplo,i,-ee• durin11 off-duty time, ii.e_, WPinv o:f a personal letrer d'uri119 !he lune~ periocl, o:r use of a, t•phone for urgent reasons lsee ,CM l!I 7,8 •, 11.a,y he g1a11rerli h1111 bnle to tirne at the· discreti11m o.f ,il!ld upon l!he l~Jof6
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
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Alli Enp[o,yeesi\U~s
apll)Jov.-i'I or t he le1;1artnent Head.

5. fo adl11i1m, wses. bv laity m !)'.lo ees, da ing on-duty tine af ~ecifii.. Cit equi1;1ment n il abo allowed where cef1.i1·11 fees fur use ,of ms requipaent iha!l'e been,estilhlished !i.e., 11ir.-1c1I aJ;pyjng, or use of a fax n.rchine,, et1tJ

6. IMilnagers and u1ieniioor:s wtw, are ;atdlhiorired to senu: ilS of ioell'S o·f a professiooal society am:L'or ,n;sociation ill aoco:rd'iiru::e, nlh 8'MD 49, ,andl wbo ba ·ie auttlollired use o;f Cit. 1reS4lillraes m .acoord'ii ce with tbe, provisions of 1hot DMIIlt sbm:ild mn ha!l'e expectallions of prillilcy or CC1 nfidentic1 1ly of infoa ation or files. pjij,eedl on Cil 1eq11itnent.

7.. Beoollle irifon1ed1 and earnp'lv with be pc1licie:s of hi5 CMD.

8. li)o, oot use City equipraem, worik localiion:s., or aatnorued aocess la Cit netwo:rh or sv.ste:ra,s iraprnperli•t- l'nprnper m;ei inelade:s .,my· per.s.ooal Ilise foli ooowenie:1ue or prnfiit, playing of 1:1.aaes, or 0se 1o convey derogatori , defa1utory,. o:hsame, or 01hen! ,ise inappropriate actillms or n e.ssa~s or ilfl\' infoa ation unrelitl!.ed to City hu:iiine.ss-, fen:omil 111 .. il [packages. r ca1:,alo111s .shoo!~ not e receilred or $t t u:sina i11 n 11nicipa1 address.

9. brnplo .•ees shall take reasonable neast1res 101 .Sil.fegu.ud Oity lf)ro,pertv ilnd .srystens to pr.e"11ent ios.s or dilllil!!Je. n die even'! an i' City-mwned or issued devire or prilrai!el, -11wnedl S1urtphore is lost r sto'leo, or the ocoorreRCe o'f ,anv inci:den1 or sas-pec1ed incident of 1rJlalllltorimli ilt.ees:s and: o:r disclosure of Cny reso rces, the u~r st.an imnu:di-;rtdr repcut sacb to hislhetr :s.uperv;ism and the IT Hel'p .liJe~ Sen.rice wi I be inm1ediately terirD1inated. lll~s should in111ediate1~, rrepnrt to lhisJber super'lioor aooi tbe IT Hel'p Des~ iif the c1ev· . is; reoovered. IT will worik witb the 1:1sa ro res1ore sa"ioe as cklv iliS po;;.sillle.

10. The provisions of tliis DMD also ,ilppiv to mplo:~lll:e use oif oo:n.Qiti1 issued[ equipRelll. and .systms DlfOUIJbt into wo ' localliiml5 andl used for IDify buS<iress. Enployees uti izmg non ~ilt'is:suedi eq,uipraem assa111e 1re:iiponsiibilitv for flbe liepil ii or 1replaceaent of s0eb etlJ,uiJ:oe t, · 0011a1ding1 ,Snli1J1lp'hones.
11 L lflfo1fiirig in 11his D is · nte ' d to, or sha'II be ,oon51rued as iltfecting ~be duty and oMgatio:n of Oiity erap:lov.ees to, lililmt in the confi~ trafitv ,af Cit dm::urneots and infomil1tion wnich the. ere·p'lo~-ae bas acce:ss to tbliOUlln bis or lher ,empl'o n e11t with the Cit . It is also oo.t imendedi to oor s'lla11 it be construed as gra <ting ,ac,ress 1.0 1non-'Cit'i' eraplo•rees 10 01herwise confiide11tiall C'il doaiments and infon1ation.

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 37 -
IT liJepartRent:

CMD, U B!ER 11 6
12 .. Iii111plo e~ s~ Id understand tlilat I.he !City's -secmit'j' sohw.ire for llhie lmemet.. , rec.om for r1 a ffllffl:nt s:e dre lnterret address or 5:ite viited b•i' the enplovee and ~ a record of an~• nen-iork aeti~iil in which !!he eniplov,ee wanli111i1:s or receii.res anv kind of liiles. Any 1reconif.is transnitted or reeeii.1ed are r~ rded aoo 1 stored in an archive file; dele'lion of a 11ess:age or lile fnn some eleclrnriic sysrenis n il! not ful)v e~ninale· the· 111es:s.ige fmrn1 the S1/' stet111.
:J.. Ul'Nlerstand t~at •ar1v wrilliflQ ronitainiiu infQlil]lidiion r~ .ted to t~e E@Jlduct of tre blic's lousiness, 1JI1re,pa181~. owned, usedi or retained by any stale or locall ageocv regarclress of phy~icall foDI or dlaract.eris"lies.. f1Go11errne.nt :Code See-iion 625,21 and nde, sonwe cilQJnsta rme-s, connunications se.lll by eraa~, 111ay be stJbjectto disdosure uruk r die f'1hlic Heco:rd:s Ac · orlitig:,a,tion.

14. IS11plb ees smmld understand 1iha1 the 1City'.s: network aHows M'anal'lffllent to ,access eni~ pas.swords;_ Upon request enlflloyees 5'1ha'll1 prno;,ide· tneir !iVfilffl:S pas-s\llO'nils fo their lllei:i.ir1Dlent !Head to allow acice:ss to .ii liles and !iVfilffl:S in the, eopl'o:yee'.s absenre or as ne,;i,uired. llocliieirs, desks, lii~:s or olher securedi C'ity equ:ipoent, sv:stenis, or work ooa1io:ns, ru also l,e accessed b: the Cit~.
1'5. 'Ein1JI11b es ™m not kno ·rigty use, Cit',' eq inent or syste:111~ or C'ity wad:. focatiom, fo downfo.id OJ di&tribute Jrirated ooh •rare or d<1,ta, cm 1o 'llio!ate Penal ,Code, Sec-lion 502, a.p;plic.lb:le: Fed'eral ~v,s:,. Citv po66ies;, rules; and 1egtJla1ions., including the· City's. Code of ~rhics & Values. lnployees .~ all at use lhe Cit,(:s ef!luipoent, s'j'stens or wol!J: locations: to disrupt or destrov ·iihe Cit';" s pro11rn syster1s. oor sha I llhev ,al:ten lfl't to lf15able: any .seculiitv s rsten.
ifi. Viiolia.tion of 1h:is IJ!IOlicv, through direct action on tne part of 1he ,eniplo, ee, or tltrou!Jh carelessness or negli~nee, 11ay re:sul,t in fon1 al d'°1Sci.Jll'lina r,' actiori, Ufl 1.0 and mcl1:1din;i1 temii tion.
1}. Unit 9 eniJ>:hl'rees: slhouldl ndeutand 1hat Snarqihooe de,;ices tihey o tain 1lrr 11 h the, ass,istanre of ,an aU0111rance progran are amsidered personal devji::es and a:re und:er 'Ile ownership of toe, ,ern·pla'j'ee. AU servioe, rHintenance, and replacaent oosts are the respons.!ibility of ·IJhe •mf)f.o,yee.

8. 'IT 1reser!i'eS tne· liigat to terminate witnalilt notice any autooriizedl .Sn1arlpfume device, reruice aoo access to City network or svs.1en that n a',' re:slill:t in a paterdial seairit'i' nis~ to City network systerls, data, ll.$elS, reside!rls and, or o~i)er City assets amfl rescmJCeS.
t9. IT re5eflle5 the 1rigbt to perlorm1 a 1re:m:ote 'fl,Jlle of a u~ 1\; S111 arf:phone. l!"'.19~!i:of 1II
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (December 2018 – December 2023January 1, 2024 – December 31, 2025))
- 38 -
CMD UMBER 116
erasin!l]r all data, and oontents, if there is a 1reamnable !belief that 1he, device has bees} ainpronisea aM.lor poses a; potential seeurity risk to Cttv net 1111orn'k:
sy'Stens, diata, us:e1s, residents and/or ollller City asset:. allllli resources.

20. IT Iii,\ I pr.011id'e lili!lira,al SUIJIIC]rt for p:riva~el'y-ownedl approverll arnil authorized Saaf11ph orie de,'i!ires. This support is rirailed to basic doanenlation to ena'hle the 11:ser to oonrect the de-.1ice t:o Cit\' netwmks aoo sv.sreratS, andi bas,ic troublesiooolling to detel'Oine, if afll( comection probm,s are on tile Cit',' s,ide or o!Jeiide of dre Oity's irorrtrnl. A I additio I teebnical and 'hillciion questioJlSl\jssues shaU be 1he, respon-sibifoty of tf:ie user. llues3Jions regaroing this OMO n a be addresserli to d.e O"rty's .lil"rec1orof Hurn.an Resources.

Closs Befe1ence:
,CMD J - Overnigh1 Use of City Vehicles
t MD J l -T ransac1Jiof1, of Pe~or.ial Business ll ri !ll Working HowliS ,CMD ,(g, - Me11mhip i Professilmal Sociefies and :m1iii'ilitions CMO JS- Personal Use of Cit•~ Telepbones
Citi~ Code of Ethics & !lalues Auac1nent 10 DMlli 61, Gifts & hawrs to tridi-.iidual:.I

MEMORANDUM OF

UNDERSTANDING
between

CITY OF SANTA CLARA
and

UNCLASSIFIED POLICE MANAGEMENT
ASSOCIATION UNIT #9A
JANUARY 1, 2024 – DECEMBER 31, 2025
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
- 2 -

MEMORANDUM OF UNDERSTANDING
between

CITY OF SANTA CLARA
and
UNCLASSIFIED POLICE MANAGEMENT EMPLOYEES, UNIT #9A
JANUARY 1, 2024 — DECEMBER 31, 2025
Table of Contents

1. WAGES.................................................................................................................... 4

2. HEALTH INSURANCE PREMIUMS.......................................................................... 5

3. DENTAL INSURANCE ............................................................................................. 8

4. VISION INSURANCE............................................................................................... 8

5. DEFERRED COMPENSATION................................................................................ 8

6. HOLIDAY PAY ......................................................................................................... 8

7. VACATION ACCRUAL............................................................................................. 9

8. SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE .................................... 11

9. BEREAVEMENT LEAVE....................................................................................... 12

10. VOLUNTARY TIME OFF....................................................................................... 13

11. VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA)....................... 13

12. RETIREE MEDICAL REIMBURSEMENT BENEFIT................................................ 14

13. PEACE OFFICER STANDARDS AND TRAINING (POST) CERTIFICATE ............ 14

14. UNIFORM ALLOWANCE ....................................................................................... 14

15. PDA/SMART PHONE STIPEND ............................................................................ 15

16. STADIUM DETAIL.................................................................................................. 15

17. MANAGEMENT LEAVE PROGRAM ...................................................................... 15

18. EMERGENCY PAID LEAVE POOL ........................................................................ 16

19. ALTERNATE WORK SCHEDULE (NINE-EIGHTY SCHEDULE) ....................... 17

20. FLEXIBLE SPENDING PLAN, INTERNAL REVENUE CODE, SECTION 125 ... 18

21. DOMESTIC PARTNERS........................................................................................ 18

22. CHEMICAL TESTING............................................................................................. 18

23. EMPLOYEE ASSISTANCE PROGRAM ................................................................. 20

24. MERIT PAY/SALARY ADJUSTMENT PROGRAM................................................. 20

25. ASSOCIATION DUES DEDUCTION...................................................................... 21

26. PAY PERIODS....................................................................................................... 22

27. NEXT MOU NEGOTIATIONS................................................................................. 22 APPENDIX A: PDA/SMART PHONE STIPEND INFORMATION ................................. 24

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
- 3 -
Alphabetical Table of Contents
ALTERNATE WORK SCHEDULE (NINE-EIGHTY SCHEDULE)..................................17 APPENDIX A: PDA/SMART PHONE STIPEND INFORMATION..................................23 ASSOCIATION DUES DEDUCTION............................................................................20 BEREAVEMENT LEAVE..............................................................................................11 CHEMICAL TESTING ..................................................................................................17 DENTAL INSURANCE………………………………………………………………………….7
DEFERRED COMPENSATION………………………………………………………………..7
DOMESTIC PARTNERS..............................................................................................17 EMERGENCY PAID LEAVE POOL..............................................................................15 EMPLOYEE ASSISTANCE PROGRAM.......................................................................19 FLEXIBLE SPENDING PLAN, INTERNAL REVENUE CODE, SECTION 125..............17 HEALTH INSURANCE PREMIUMS ............................................................................... 5 HOLIDAY PAY ............................................................................................................... 7 MANAGEMENT LEAVE PROGRAM............................................................................14 MERIT PAY/SALARY ADJUSTMENT PROGRAM .......................................................19 NEXT MOU NEGOTIATIONS.......................................................................................21 PAY PERIODS.............................................................................................................21 PDA/SMART PHONE STIPEND ..................................................................................14 PEACE OFFICER STANDARDS AND TRAINING (POST) CERTIFICATE ..................13 RETIREE MEDICAL REIMBURSEMENT BENEFIT.....................................................13 SICK LEAVE/FAMILY SICK LEAVE/PERSONAL LEAVE ............................................10 STADIUM DETAIL........................................................................................................14 TOTAL COMPENSATION.............................................................................................. 4 UNIFORM ALLOWANCE……………………………………………………………………...13
VACATION ACCRUAL................................................................................................... 8 VISION INSURANCE…………………………………………………………………………...7
VOLUNTARY EMPLOYEE BENEFICIARY ASSOCIATION (VEBA).............................12 VOLUNTARY TIMEOFF………………………………………………………………………12
WAGES…………………………………………………………………………………………..4
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
- 4 -

MEMORANDUM OF UNDERSTANDING
between

CITY OF SANTA CLARA
and
UNCLASSIFIED POLICE MANAGEMENT EMPLOYEES, UNIT #9A
JANUARY 1, 2024 — DECEMBER 31, 2025
In accordance with the provisions of Section 18 of the City of Santa Clara Resolution #2979, entitled "Employer-Employee Relations," this Memorandum of Understanding (MOU) constitutes the results of discussions between the City Management Staff and certain Unclassified Police Management Employees (Unit 9A) of the City of Santa Clara on all matters within the scope of representation from January 1, 2024 through December 31, 2025.

1. WAGES
A. Wage Increases.
1) Effective December 24, 2023:
a. The minimum salary of the Police Captain (Job Code 138) classification shall be increased by approximately seven percent (7.0%). Any employee whose current salary is less than the minimum salary will have their salary adjusted to the minimum salary for Police Captain (Job Code 138). For example, an employee at the bottom of the Police Captain (Job Code 138) classification as of December 24, 2023 will receive an approximate seven percent (7.0%) general wage increase. b. The minimum salary of the Assistant Police Chief (Job Code 027) classification shall be increased by approximately four percent (4.0%).

The salary of employees in the Assistant Police Chief (Job Code 027) classification as of December 24, 2023, shall remain status quo. 2) Effective the first pay period of calendar year 2025:
a. The salary range of the Police Captain (Job Code 138) classification shall be increased by approximately four percent (4.0%). This will result in employees in the Police Captain (Job Code 138) classification as of the first pay period of calendar year 2025, receiving an approximate four percent (4.0%) general wage increase.
b. The salary range of the Assistant Police Chief (Job Code 027) classification shall be increased by approximately four percent (4.0%).

However, employees in the Assistant Police Chief (Job Code 027) classification as of the first pay period of calendar year 2025, shall receive an approximate two percent (2.0%) general wage increase 3) In recognition of, and to help secure the employees' speedy ratification of this MOU, the City Council has exercised its discretion to provide a one-time discretionary cash payment as described below for regular employees (prorated for part-time employees) in the bargaining unit at the time of disbursement MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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following Council approval of this MOU. The Parties intend and understand that this lump sum payment is non-pensionable and will not be reported to CalPERS.
a. $5,000 to employees in the Police Captain (Job Code 138) classification. b. $2,500 to employees in the Assistant Police Chief (Job Code 027) classification.

This one-time discretionary cash payment shall only be paid to employees who meet the following criteria:

Underpayment to the employee shall be made by the City in a lump sum of the amount owed on the next regular paycheck following final determination of the amount to be paid.

2. HEALTH INSURANCE PREMIUMS
A. The City currently contracts with the California Public Employees' Retirement System (CalPERS) for the purpose of providing medical insurance benefits for active employees and their eligible dependents, eligible retired employees, and eligible survivors of retired employees. Eligibility of a dependent to participate in this program shall be in accordance with the terms of the Public Employees’ Medical and Hospital Care Act (PEMHCA). Eligibility of retired employees and survivors of retired employees to participate in this program shall be in accordance with those provisions of the PEMHCA providing for participation by “annuitants.” MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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The City’s employer contribution towards medical insurance benefits for each eligible employee shall be the minimum contribution amount required by Government Code Section 22892. Contributions provided under this Section are required only to the extent mandated by the PEMHCA.

B. Definitions. For purposes of this section:
1) “Full-time employee” refers to an employee whose regular schedule is at least 30 hours per week.
2) “Full-time position” refers to a position in a classification, whether vacant or not vacant, whose regular schedule is at least 30 hours per week.

C. Health Insurance Contributions
1) Effective January 1, 2024, the City shall make a monthly contribution to the City’s flexible benefit plan which, taken together with the mandatory PEMHCA contribution, equals one hundred percent (100%) of the premium for the lowest priced Kaiser (Region 1) plan for unit members enrolled at the employee and employee plus one levels; and ninety percent (90%) of the premium for the lowest priced Kaiser (Region 1) plan for unit members enrolled at the employee plus two or more level. If the employee enrolls in a plan whose premium exceeds the City contribution, the employee shall pay the difference between the total cost of the selected plan and the City’s contribution via salary deduction. In no event shall the City’s contributions pursuant to the provisions of this Section, and any statutorily required minimum contribution under the PEMHCA as determined by CalPERS in each calendar year, exceed one hundred percent (100%) of the premium cost of the lowest price Kaiser (Region 1) plan at the employee and employee plus one level, or ninety percent (90%) of the premium for the lowest priced Kaiser (Region 1) plan at the employee plus two or more level, in which the employee is enrolled.

There shall be no option to receive all or any portion of the City’s Contribution as cash or any other taxable benefit.
2) Cash in Lieu
a. Effective January 1, 2024, a full-time employee hired on or before December 31, 2023, into a full-time position with the City, and who chooses not to enroll in a City health plan and meets the requirements MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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set forth below in in this subsection shall receive a Cash in Lieu amount equal to $835.66/month paid out on the first pay period of the month. b. A full-time employee hired or rehired on or after January 1, 2024, and who chooses not to enroll in a City health plan and meets the requirements set forth below shall receive a Cash in Lieu amount equal to $250/month paid out on the first pay period of the month.
c. Requirements: In order to receive Cash in Lieu of health coverage, an employee must sign and submit a form attesting that the employee and the employee’s Tax Family have the Alternative Required Coverage for the Opt Out Period.
(1) Tax Family means all individuals for whom the employee intends to claim a personal exemption deduction for the taxable year or years that begin or end in or with the City's plan year to which the opt out applies.
(2) Alternative Required Coverage required means minimum essential coverage through another source (other than
coverage in the individual market, whether or not obtained through Covered California).
(3) Opt Out Period means the plan year to which the opt out arrangement applies.
(4) An employee must provide the attestation and proof of Alternative Required Coverage every plan year at open
enrollment or within 30 days after the start of the plan year for each plan year the employee would like to receive Cash in Lieu.
(5) The Cash in Lieu payment cannot be made and the city will not in fact make payment if the City knows or has reason to know that the employee or a Tax Family member does not
have such alternative coverage, or if the conditions in this paragraph are not otherwise satisfied.
(6) An employee who opts out of City-offered health benefits, but cannot provide the attestation, will not receive the cash in Lieu contribution described in this subsection.
d. For employees whose regular work schedules are 30 or more hours per week but less than 40 hours per week, the Cash in Lieu amount shall be prorated as described in Section E below
D. FLEXIBLE SPENDING ACCOUNT (IRS SECTION 125 PLAN)
The City has established a Flexible Spending Account benefit (IRS Section 125 Plan) for employees, which provides accounts in which employees may contribute pre-tax dollars for dependent care and un reimbursed medical expenses. This Plan MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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will follow the regulations outlined by the Internal Revenue Service. Detailed information will be available in the Summary Plan Document. This plan is voluntary and participating employees will make pre-tax salary reduction elections to fund the plan.

5. DEFERRED COMPENSATION

The City shall contribute $150 per month to a deferred compensation plan on behalf of each represented employee.

6. HOLIDAY PAY
A. The City will observe the following thirteen (13) dates (or days) as City holidays and City offices will be closed in observance of those holidays. Represented employees will be entitled to eight (8) hours of paid time off in observation for each of the holidays listed:
• New Year's Day (January 1),
• Martin Luther King, Jr. Day (3rd Monday in January),
• President's Day (31d Monday in February),
• Spring Holiday (observed on Good Friday),
• Memorial Day (last Monday in May),
• Independence Day (July 4),
• Labor Day (1st Monday in September),
• Admission Day (September 9),
• Columbus Day (2 Monday in October),
• Veteran's Day (November 11),
• Thanksgiving Day (4th Thursday in November),
• Friday after Thanksgiving, and
• Christmas Day (December 25).

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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Holidays which fall on a specific date and which fall on Saturday are observed the preceding Friday. Holidays which fall on a specific date and which fall on Sunday are observed the following Monday.

7. VACATION ACCRUAL
A. Represented employees will accrue vacation, calculated to four decimal points for accuracy, as follows:

This provision shall have no effect on an employee’s right to cash out all his or her accrued vacation at the time of the employee’s separation/retirement from City employment.

C. Maximum Vacation Accrual Limit –Effective December 27, 2020 (the first pay period of calendar year 2021), the Maximum Vacation Accrual Limit shall be 480 hours.

Employees shall not be allowed to accrue vacation above the Maximum Vacation Accrual Limit.

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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D. In lieu of receiving a vacation-leave cash payout at retirement, the Association may vote to roll accrued vacation leave hours (except for any hours in the Temporary Supplemental Vacation Accrual balance) into the employee's Voluntary Employee Beneficiary Association (VEBA) account, subject to Association compliance with Federal rules associated with employee contributions of vacation leave to their VEBA accounts.

E. Temporary Supplemental Vacation Accrual – Effective December 25, 2022 (the first pay period of calendar year 2023), employees holding positions in classifications assigned to Unit 9A shall be eligible for the Temporary Supplemental Vacation Accrual. The Temporary Supplemental Vacation Accrual is a separate vacation balance subject to the following:
1) Effective December 25, 2022, the temporary suspension of the Maximum Vacation Accrual Limit ended and all unused accrued vacation hours above 400 hours as of December 24, 2022 (the last pay period of calendar year 2022) were placed in the Temporary Supplemental Vacation Accrual balance. (a) The following is only an example of the Temporary Supplemental Vacation Accrual described above, and any figures are for illustration purposes only and assumes the employee does not use vacation.
. Issue Hours
Vacation Balance as of the last pay period of
calendar year 2022 500
Hours placed in Temporary Supplemental
Vacation Accrual 100
Vacation Balance as of the first pay period of
calendar year 2023
400
Hours that can be accrued in calendar year 2023 80
Hours that can be accrued above the Maximum
Vacation Accrual Limit of 480 hours
0 2) The Temporary Supplemental Vacation Accrual balance may not be increased. 3) Subject to supervisory approval, any Temporary Supplemental Vacation Accrual shall be available for use to the employee until the Temporary Supplemental Vacation Accrual balance has been exhausted.
4) If an employee leaves or retires from City service, any unused Temporary Supplemental Vacation Accrual hours shall not be subject to the terms of Section

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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5) An employee must first use their Temporary Supplemental Vacation Accrual for any vacation leave taken until the Temporary Supplemental Vacation Accrual balance has been exhausted, subject to supervisory approval.

However, employees in the classification of Assistant Police Chief (Job Code 027) as of October 30, 2023 may elect to freeze the value of their Temporary Supplemental Vacation Accrual Hours at the employee’s rate of pay as of October 30, 2023. Employees who have opted to file such an election (including a release of claims) may use either Temporary Supplemental Vacation Accrual Hours or accrued vacation for time off. Upon the employee’s retirement or other separation from City service, all Temporary Supplemental Vacation Accrual Hours will be cashed out at the employee’s rate of pay as of October 30, 2023. 6) An employee (except employees who are in the Assistant Police Chief (Job Code 027) classification who have filed an election under Section 7.E.5 as of October 30, 2023) must use their Temporary Supplemental Vacation Accrual for any leave of absence until the Temporary Supplemental Vacation Accrual balance has been exhausted subject to any requirement that sick leave be utilized first. 7) An employee may not be on unpaid status until the Temporary Supplemental Vacation Accrual balance has been exhausted and must use their Temporary Supplemental Vacation Accrual until the Temporary Supplemental Vacation Accrual balance has been exhausted, with the exception of any formal disciplinary action pursuant to the City’s Civil Service Rules.

B. FAMILY SICK LEAVE
1) Not more than fifty-six (56) hours of sick leave within one calendar year shall be granted to any employee for the care or attendance upon members of his/her immediate family, unless the use of additional leave is approved by the City Manager or designee. "Immediate family" is defined as spouse, parent, child, sibling, grandparent, grandchild, aunt, uncle, niece, nephew, first cousin, parent by marriage, step-parent, step-child, grandparent by MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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marriage, son-in-law, daughter-in-law, sibling by marriage, foster parent, domestic partner, anyone residing with employee, or anyone dependent on the employee for care.

C. PERSONAL LEAVE
1) Each calendar year, an employee is entitled to use thirty-two (32) hours of accrued sick leave as Personal Leave, provided he/she has sufficient sick leave balance available.
2) Personal Leave is intended to provide the employee with paid time off to attend to legitimate personal business that may arise from time to time during the year. Personal Leave may be used to supplement sick leave as required. 3) The employee has an obligation to provide as much notice as possible so as to allow for proper scheduling by the department.
4) Providing that the minimal requirements of proper notification have been met, the use of Personal Leave should not be denied.
5) The adoption of this program does not modify the existing ability of the employee to exchange up to 96 hours of accrued sick leave for up to 48 hours of vacation, based upon two (2) hours of sick leave for one (1) hour of vacation as provided and defined in the Personnel and Salary Resolution.

B. The bereavement leave benefit is based on each death occurrence and is not charged through the total compensation model.

C. Up to five (5) work days of additional bereavement leave may be charged to an employee's sick leave balance with City Manager approval.

D. At the request of the City, the employee will provide verification.

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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10. VOLUNTARY TIME OFF
Employees may request voluntary unpaid time off under the following conditions:

A. Approval of a work schedule that does not adversely impact the operations of the department or other employees in the work unit with the approval of the Department Head and the City Manager.

B. No impact on either sick leave or vacation accrual if sufficient hours are worked in a pay period to entitle the employee to his/her regular accrual rate for either benefit.

C. No reduction of insurance premium payment or refund as long as sufficient hours are worked to allow for full payment of the premium for an employee working a full time work schedule. If the number of hours worked is less than the number required for full payment of premiums or refunds, the premium or refund payments will be reduced in proportion to the hours required to gain full credit.

D. Voluntary time off may be taken without the employee first using all of his/her accrued leave.

F. Cancellation of the employee's participation in the program will be at the discretion of the Department Head with the approval of the City Manager.

Effective beginning December 16, 2007, the City began contributing $50 per month to employees’ VEBA trust accounts. Effective December 23, 2019, the City began contributing $100 per month to the employees’ VEBA trust accounts. Per the city’s MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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contract with VEBA, VEBA’s consulting fee will be deducted from plan participant’s accounts.

12. RETIREE MEDICAL REIMBURSEMENT BENEFIT
The Retiree Medical Benefit shall provide each employee who retires from the City with a CalPERS retirement with at least ten (10) years of regular City service with a reimbursement for unreimbursed single retiree health insurance premium, beginning with the first full month after retirement from City service and ending with the last full month before the retiree's sixty-fifth (65th) birthday. Starting with the month in which the retiree turns age sixty-five (65), the reimbursement will be for unreimbursed Medicare single retiree supplemental insurance premium or unreimbursed single retiree insurance premium. For premiums paid in calendar year 2017 that will be reimbursed in calendar year 2018, the City will reimburse an amount up to $352 per month, including the PEMHCA minimum, for unreimbursed single retiree health insurance premium or up to $211 per month, including the PEMHCA minimum, for unreimbursed Medicare single retiree supplemental insurance premium or single retiree health insurance premium. The amount of the City reimbursement will be adjusted once each year by the percentage change from October to October in the San Francisco-Oakland-San Jose urban wage earners and clerical workers (W) consumer price index from the prior year, but in no event will be increased more than 3.5%. Beginning in 2004, the City will fund this benefit with an amount to be determined by an actuary.

Each retiree will be required to submit proof of medical coverage to the City each year.

The City will pay the reimbursement in a lump sum payment quarterly.

13. PEACE OFFICER STANDARDS AND TRAINING (POST) CERTIFICATE A. Employees are eligible for up to a maximum of 7.5% of base pay as follows:
1) Supervisory POST Certification. Effective December 24, 2023 (the first pay period of calendar year 2024), employees that have achieved the Supervisory POST certification shall receive 3.75% of base pay for this certification. 2) Management POST Certification. Effective December 24, 2023 (the first pay period of calendar year 2024), employees that have achieved the Management POST certification shall receive an additional 3.75% of base pay for this certification.

B. To be eligible, and receive payment, employees must either provide proof from POST of the Supervisory or Management POST certificate or get written confirmation and approval from the Police Chief (or designee) that the requirements for certification have been successfully completed.

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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15. PDA/SMART PHONE STIPEND
The City will agree to provide an $80 per month PDA/smart phone stipend to those employees who wish to receive it instead of receiving and using a City issued PDA/phone.

Effective the first full pay period following City Council approval of this MOU, the pay amount will increase to 1.5 times the Step 7 Lieutenant salary rate.

17. MANAGEMENT LEAVE PROGRAM
The Management Leave Program is as follows:

A. Effective January 1 of each year, represented employees will be credited with 120 hours of Management Leave.

C. Use of Management Leave is subject to approval by the City Manager or his/her designee. Such use shall be approved unless staffing or other conflicts prohibit such approval.

D. Management Leave may not be converted to cash or other paid time off.

E. Unused Management Leave may be carried over from one calendar year to the next; however, an employee may never have more than a balance of 180 hours of management leave, subject to Section 17.E.1-3 below. (Thus, and for example, an employee that already has 180 hours of management leave on January 1 would not receive any further management leave. An employee that already has 100 hours of management leave on January 1 would “only” receive an additional 80 hours. An employee with 60 or fewer hours of banked management leave on January 1 would receive 120 hours.
1) For calendar year 2021, an employee may have up to a balance of 240 hours of management leave.

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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2) For calendar year 2022, an employee may have up to a balance of 240 hours of management leave.
3) For calendar year, 2023, an employee may have up to a balance of 240 hours of management leave.
4) Effective the first pay period of calendar year 2024, the terms of Section 17.F above shall apply, and an employee may have no more than a balance of 180 hours of management leave.

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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C. USE OF POOL
Employee must have a verified emergency need for time off to request Emergency Paid Leave from the pool. Non-medical emergencies shall be verified by certification acceptable to the Board and shall include the anticipated duration of the emergency.

Medical emergencies for the employee or dependent shall be verified by a doctor's certification and shall include the anticipated duration of the medical emergency. An employee's initial request to use leave for a medical emergency shall be made to the City's Director of Human Resources (or designee). The Director of Human Resources (or designee) shall make an initial determination regarding whether the employee's request to use Emergency Paid Leave is for a verified medical emergency. The Director of Human Resources (or designee) shall notify the rest of the Board of the name of the individual making the request, the date of the request and whether or not the individual's request qualified as a verified medical emergency need under this section. 1) Employee must have exhausted appropriate paid leave (sick leave including eligible conversion to vacation, vacation or CTO) prior to becoming eligible to request Emergency Paid Leave benefits from the pool. Employee will be notified by the Personnel Department when they first become eligible to request emergency leave benefits from the pool.
2) The maximum time available from the pool (subject to the assets of the pool) will be 160 hours (two [2] pay periods) for Emergency Paid Leave benefits due to the illness or injury of the employee or the maximum allowable accrual of vacation for emergency needs of the family of the employee. 3) An additional 160 hours (two pay periods) will be made available in extreme circumstances if an employee has a medical emergency. The decision to grant or deny a request for an additional 160 hours will be made by a majority vote of the Employees' Association Board Members.
4) Emergency Paid Leave will be deducted from the pool based upon the employee's base hourly rate of pay (excluding premium or specialty pay). 5) Emergency Paid Leave hours will be made available for use in the pay period following approval by the Board.
6) Use of Emergency Paid Leave from the pool will be treated in the same manner as use of regular vacation. The employee will continue to accrue sick leave, vacation, insurance coverage and other benefits in the same manner as he/she would if using regularly credited vacation.
7) Emergency Paid Leave that has been credited to the employee and has not been used when the emergency has terminated will be reinstated to the pool.

Vacation, sick leave and other benefits that have accrued to the employee will remain in the employee's account.

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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Requests to work a 9/80 schedule shall be made through or by the Chief of Police to the City Manager. The City Manager must approve the schedule and the City Manager or Chief of Police may terminate the schedule at any time.

Detailed information will be available in the Summary Plan Document.

21. DOMESTIC PARTNERS
The City shall make all benefit programs available to employees, dependents and domestic partners, subject to the requirements of each benefit provider.

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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C. Any traffic accident involving an employee operating a City-owned vehicle which results in death of another or any traffic accident involving an employee operating a City-owned vehicle which results in an injury likely to produce death to another and the employee appears to be the proximate cause of the accident.

D. Any incident where the Chief of Police or his/her designee has a reasonable belief based upon objective symptoms that an employee is in violation of the departmental policy on drug or alcohol use. The verbal order to submit to a chemical test(s) shall set forth the reasons for the test(s) and shall be followed at the time the test is administered by a written statement of the order.

Nothing is this section shall prevent any represented employee from voluntarily requesting or providing a chemical sample if deemed appropriate by the employee.

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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23. EMPLOYEE ASSISTANCE PROGRAM
The City agrees to provide a confidential Employee Assistance Program to be funded outside of Total Compensation.

24. MERIT PAY/SALARY ADJUSTMENT PROGRAM
Merit pay adjustments as provided for in the Personnel and Salary Resolution are, and will continue to be available during the term of this MOU when and if approved by the applicable Department Head and the City Manager, subject to Section 24.F below. The Merit Pay Adjustment system shall include the following elements:

A. Each Unit 9A employee shall receive an annual evaluation.

B. Annual consideration of merit pay adjustments, subject to Section 24.F below, with an affirmative decision by the applicable Department Head shall be required each year following the annual evaluation.

C. Merit pay adjustments shall range from 0 to 5%, subject to Section 24.F below.

D. Subject to Section 24.F below, the City shall not suspend or freeze consideration of merit pay adjustments for Unit 9A employees unless step increases are suspended or frozen for all bargaining units that utilize a step system.

E. The City and Unit 9A may, by mutually agreement, meet to discuss potential changes to the merit pay system and/or movement toward a step pay system more like other bargaining units.

F. Effective January 1, 2021, employees holding positions in classifications assigned to Unit 9A shall be ineligible for a merit increase for the next two (2) consecutive rating periods. This means that an employee in Unit 9A shall not be eligible for a merit increase until the third rating period after January 1, 2021, and after the employee had skipped two (2) consecutive rating periods where they did not receive a merit increase.
1) Employees hired or rehired or promoted on or after January 1, 2021, and until on or before December 31, 2022, into positions in classifications assigned to Unit 9A shall be ineligible for a merit increase for the first two (2) consecutive rating periods. This means that an employee hired or rehired or promoted between January 1, 2021, and December 31, 2022, will not be eligible for a merit increase until the employee’s third rating period with the city after the employee was hired or rehired or promoted into positions in classifications assigned to Unit 9A.
(a) A current active City employee promoted from another bargaining unit into a position in a classification assigned to Unit 9A between January 1, 2021, and December 31, 2022, shall be ineligible for a merit increase until the employee’s third rating period form the effective date of the promotion.

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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(b) A current active City employee holding a position in a classification assigned to Unit 9A as of the effective date of this agreement who is promoted into or accepts another position in Unit 9A between January 1, 2021, and December 31, 2022, shall be ineligible for a merit increase unless the employee has skipped two (2) consecutive rating periods where they did not receive a merit increase since January 1, 2021. 2) Employees in the Assistant Police Chief (Job Code 027) classification as of January 1, 2024, shall be ineligible for a merit increase in calendar year 2024.

Employees in the Assistant Police Chief (Job Code 027) classification shall not be eligible for a merit increase until the employee’s rating period ending in calendar year 2025.

Notification will be provided to the City's Payroll Division. Any change, cancellation or deduction request received by the City prior to the 15th of the month will be processed the first full pay period of the following month. Change, cancellation and deduction requests received by the City on or after the 15th of the month will be processed the second full pay period of the following month.

The City shall promptly provide the Police Management Association with notice of any MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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such claim, demand, lawsuit, or any other similar action arising from the operation of this Section.

27. LIGHT BODY ARMOR
All currently issued light body armor and vest carriers shall be replaced at City expense five (5) years from the date of issue.

All body armor and vest carriers, regardless of the purchaser, shall remain the property of the City.

The employee is required to wear this equipment whenever he/she is performing general law enforcement duties outside the Police Administration Building and in uniform.

28. NEXT MOU NEGOTIATIONS
Unit #9A will submit its proposals for a new MOU for the term commencing at the expiration of this MOU no later than November 1, 2025.

MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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FOR THE CITY OF SANTA CLARA FOR THE CITY OF SANTA CLARA

UNCLASSIFIED POLICE

MANAGMENT
_________________________________ ___________________________________ Aracely Azevedo Wahid Kazem
Director of Human Resources Assistant Chief of Police
Date: ______________ Date: ______________
_________________________________ ___________________________________ Charles Sakai Saskia Lagergren
Labor Consultant Police Captain
Date: ______________ Date: ______________
_________________________________
Marco Mercado
Assistant Director of Human Resources
Date: ______________
APPROVED: APPROVED AS TO FORM:
_________________________________ _________________________________ Jōvan D. Grogan Glen Googins
City Manager City Attorney
Date: ______________ Date: ______________
APPROVED BY THE CITY COUNCIL ON:

ATTEST:

City Clerk Date
MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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APPENDIX A: PDA/SMART PHONE STIPEND INFORMATION
APPENDIX A: PDA/SMART PHONE STIIPEND INFORMATION
Date:

To:

From:

Subject:

City M anager's Office
I nteroffic,e Me mora nd um
ApriJ l5, 2014
Uni I 9 - Unclassified Miscellaneous Managemenl :mployees ulio Fuentes, City Manager
Cell PJ one/~ma1·1 ph111•e tlpend Program for · 1 it 9- Uncln •i•ified Miscellane1111.s: Management Employees
cope: This cell phone/sma phone stipend program oppli s to members of Unit 9- oclassified Miscellaneous M nage nent Empl.oyees. The sl.ipend pro ram is $80 per 111onlh and was efkclive AprH l., 2009.

Pn11>ose: Toe.stablish policies regarding the pl'Ovision and usage of ity-owned cell ular telephones or s1nartpho11es (devic<is I.hat have voke, data and iuten et/web access capabilities), The City has determined hat it i.~ benefida t to have Unit 9 members a ssible by pho11e/data comm micatlons al all times. A Uni1 9 empJoyee can choose to have a City.issued cell pho11e, wl ere the City pays for lh Un.it 9 employee's ceH phone device und service plan through Citymanaged contracts with ceH ptoviders, or they can choose to receive a stipend in the amount of $80 p ,. mm1tb, wh reby the Unit 9 ,empJoyee will purchase and own their own oell phone/smartphone dev''ce and pay all service p1•ovideJ charg~._.,, or the Unit 9 employee cnn choose n.ot to participate in either of tl e above programs. umm11ry: This policy outlines an<l establishes eUgibility criteria f r Unit 9 employees wishing to receive a monthly cell phone s1ipeDd n should be rend and understood in conjunction with CMD 116-Use of City Resotll'ces and Confidential Nature of Information on Cily Equipment.

CeUular Telep·I one martpl1one . Upend Prognnn: Unit 9 employees may choose to reoeiv,e Hn $.80 a month stipend to purchase. mail11ain, replace or repair their personal cen phone, and pay for any level of ceH phone service plan from any pmvicler the employee may select. The $80 per monlh allowance is !JQl intcmded lo• coverthe foll cost of any piuticu I ar cell phone device and/or cell phon se~·vioe plan. If.a Unit 9 employee wishes to pmdmse a cell phone/smarlphon nod connect to the City's email system, they nust confinn wilh tile City's Information ·. eclmology Depa1.1:ment thol. I.he evioe they wjsh to purchase ca11 be oonnected to lhc City's Outlook email system. ot all ceJI phone devices 0 1· ~ct ice progrnms may be compatible wilh 1he City's informal ion teclmology !>-ystoms.. If you do not desire lo connect to the ity's email system, then any cell phone 0 1· service 1)rov1der oould be selected. fo bee \g_jble for the mon1h!y !'.tip.end the Unil 9 employee must provide the Hum11n R~u11ccs Depal'tment with an a.c.ti,•e ceU phone numb . lt is e pected that the employee will respond 10 W01'k-rcJated calls ancl most crjtical, activ ly monitor their phone durlng City emergency MEMORANDUM OF UNDERSTANDING — UNIT # 9A (January 1, 2024 – December 31, 2025))
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Cell Phone Stipend Prosrnm fo, Unit 9 - Mi:;cellaneous Unclassified Management Employees April 11, 2014

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City Council and Authorities ConcurrentDecember 5, 2023

City Council and Authorities Concurrent
December 5, 2023