Agenda packet, regular meeting, first session — Santa Fe Springs City Council, December 6, 2022 (part 1 of 3)

Agenda
12-06-22 AGENDA.PDF
Meeting Materials
DECEMBER 6, 2022, MEETING VIDEO
12-06-22 AGENDA PACKET.PDF

1. Documents:

2. Documents:
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AGENDA

REGULAR MEETINGS OF THE SANTA FE SPRINGS

PUBLIC FINANCING AUTHORITY

WATER UTILITY AUTHORITY

HOUSING SUCCESSOR

SUCCESSOR AGENCY

AND CITY COUNCIL
December 6, 2022
6:00 P.M.

Juanita Martin, Councilmember
John M. Mora, Councilmember
Jay Sarno, Councilmember
Joe Angel Zamora, Mayor Pro Tem
Annette Rodriguez, Mayor
Council Chambers
11710 Telegraph Road
Santa Fe Springs, CA 90670
You may attend the City Council meeting telephonically or electronically using the following means:

Electronically using Zoom: Go to Zoom.us and click on “Join A Meeting” or use the following link:
https://zoom.us/j/521620472?pwd=U3cyK1RuKzY1ekVGZFdKQXNZVzh4Zz09 Zoom Meeting ID: 521620472 Password: 659847
Telephonically: Dial: 888-475-4499 Meeting ID: 521620472 Public Comment: The public is encouraged to
address City Council on any matter listed on the
agenda or on any other matter within its
jurisdiction. If you wish to address the City
Council, please use the "Raise Hand" function
via Zoom once the Mayor opens Public
Comment during the meeting. You may also
submit comments in writing by sending them to
the City Clerk's Office at
[email protected]. All written
comments received by 12:00 p.m. the day of the
City Council Meeting will be distributed to the
City Council and made a part of the official record
of the meeting. Written comments will not be
read at the meeting, only the name of the person
submitting the comment will be announced.

Americans with Disabilities Act: In compliance
with the ADA, if you need special assistance to
participate in a City meeting or other services
offered by this City, please contact the City Clerk’s
Office. Notification of at least 48 hours prior to the
meeting or time when services are needed will
assist the City staff in assuring that reasonable
arrangements can be made to provide
accessibility to the meeting or service.

Pursuant to provisions of the Brown Act, no
action may be taken on a matter unless it is listed
on the agenda, or unless certain emergency or
special circumstances exist. The City Council
may direct staff to investigate and/or schedule
certain matters for consideration at a future City
Council meeting.

Please Note: Staff reports, and supplemental
attachments, are available for inspection at the
office of the City Clerk, City Hall, 11710 E.

Telegraph Road during regular business hours
7:30 a.m.-5:30 p.m., Monday-Thursday and every
other Friday. Telephone: (562) 868-0511.

City of Santa Fe Springs Regular Meetings December 6, 2022 2 1. CALL TO ORDER

2. ROLL CALL
Juanita Martin, Councilmember
John M. Mora, Councilmember
Jay Sarno, Councilmember
Joe Angel Zamora, Mayor Pro Tem
Annette Rodriguez, Mayor

3. INVOCATION

4. PLEDGE OF ALLEGIANCE

5. PUBLIC COMMENTS This is the time when comments may be made by members of the public on matters within the jurisdiction of the City Council, on the agenda and not on the agenda. The time limit for each speaker is three (3) minutes unless otherwise specified by the Mayor.

PUBLIC FINANCING AUTHORITY

6. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote.

Any item may be removed from the Consent Agenda and considered separately by the Public Financing Authority.
a. Minutes of the November 1 and 15, 2022 Public Financing Authority Meetings (City Clerk)
Recommendation:
• Approve the minutes as submitted.
b. Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Public Financing Authority (PFA) (Finance)
Recommendation:
• Receive and file the report.

WATER UTILITY AUTHORITY

7. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote.

Any item may be removed from the Consent Agenda and considered separately by the Water Utility Authority.
a. Minutes of the November 1 and 15, 2022 Water Utility Authority Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.
b. Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Water Utility Authority (WUA) (Finance)
Recommendation:
• Receive and file the report.

City of Santa Fe Springs Regular Meetings December 6, 2022 3 c. Status Update of Water-Related Capital Improvement Projects (Public Works) Recommendation:
• Receive and file the report.

HOUSING SUCCESSOR

8. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the Housing Successor.

Minutes of the November 1 and 15, 2022 Housing Successor Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.

SUCCESSOR AGENCY

Minutes of the November 1 and 15, 2022 Successor Agency Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.

CITY COUNCIL

10. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the City Council.
a. Minutes of the November 1 and 15, 2022 Regular and Special City Council Meetings (City Clerk)
Recommendation:
• Approve the minutes as submitted.
b. A Resolution of the City Council Reaffirming the Existence of a Local Emergency Due to Threat of COVID-19 (pursuant to Government Code section 8630) (City Attorney)
Recommendation:
• Adopt Resolution No. 9834:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS, CALIFORNIA, REAFFIRMING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE THREAT OF COVID-19.

City of Santa Fe Springs Regular Meetings December 6, 2022 4 c. A Resolution of the City Council Affirming Authorization of Remote Teleconference Meetings (City Attorney)
Recommendation:
• Adopt Resolution No. 9835:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS AFFIRMING THE LEGALLY REQUIRED FINDINGS TO

AUTHORIZE THE CONDUCT OF REMOTE TELECONFERENCE
MEETINGS DURING A STATE OF EMERGENCY.
d. Santa Fe Springs Park – Parking Lot Improvements - Final Payment (Public Works)
Recommendation:
• Approve the Final Payment to E.C. Construction of South El Monte, California, for $23,040.29 (Less 5% Retention) for the subject project. e. Resolution No. 9836 – Acknowledge Receipt of a Fire-Rescue Report Regarding the Annual Inspection of Certain Properties (Fire)
Recommendation:
• Acknowledge Receipt of Department of Fire-Rescue Report Regarding the Annual Inspection of Certain Properties.
f. Approve Grant Agreement between the City of Santa Fe Springs and the California State Library for the Santa Fe Springs (SFS) Grows/Gardening and Sustainability for Developmentally Disabled Adults Project (Community Services) Recommendation:
• Approve and Authorize the Director of Community Services to Sign the Grant Agreement between the City of Santa Fe Springs and the California State Library for the SFS Grows/Gardening and Sustainability for Developmentally Disabled Adults Project.
g. Approval of the Comprehensive Memorandum of Understanding (MOU) between the City of Santa Fe Springs and the Santa Fe springs City Employees’ Association and the Santa Fe Springs Firefighters Association (Finance) Recommendation:
• Approve the comprehensive Fiscal Year 2021-2024 MOU between the City of Santa Fe Springs and the Santa Fe Springs City Employees’ Association and the Santa Fe Springs Firefighters Association.
h. Operating Agreement 01-2022 (Planning)
To consider an operating agreement between the City of Santa Fe Springs and 605 Investments, LLC and install a 50-foot tall V-shape electronic billboard on the west (southbound) side of Interstate 605 (I-605) at 8717 Pioneer Boulevard (APN:
8177-029-004)
Recommendation:
• Adopt Resolution No. 9832, which incorporates the City Council’s findings and actions regarding this matter.

City of Santa Fe Springs Regular Meetings December 6, 2022 5 i. Operating Agreement 02-2022 (Planning)
To consider an operating agreement between the City of Santa Fe Springs and 605 Investments, LLC and install a 50-foot tall double-face electronic billboard on the east (northbound) side of Interstate 605 (I-605) at 8717 Pioneer Boulevard (APN: 8177-031-017)
Recommendation:
• Adopt Resolution No. 9831, which incorporates the City Council’s findings and actions regarding this matter.
j. General Motion to Waive Full Reading and Read Ordinance by Title Only Pursuant to California Government Code Section 36934 (City Clerk) Recommendation:
• Approve a general motion to waive full reading and read Ordinance titles only, pursuant to California Government Code Section 36934.

PUBLIC HEARING

11. Alcohol Sales Conditional Use Permit (CUP) Case No. 81 (Police Services) Request for approval of Alcohol Sales Conditional Use Permit Case No. 81 to allow the operation and maintenance of an alcoholic beverage use involving the warehousing and distribution of beer and wine at SCC Distribution Network located at 13620 Imperial Highway, Unit 3, within the Heavy Manufacturing (M-2) Zone. (SCC Distribution Network) Recommendation:
• Open the Public Hearing; and
• Receive any comments from the public wishing to speak on this matter, and thereafter close the Public Hearing; and
• Find that the applicant’s ASCUP request meets the criteria set forth in §155.628 and §155.716 of the City’s Zoning Ordinance, for the granting of a Conditional Use Permit; and
• Approve Alcohol Sales Conditional Use Permit Case No. 81, subject to the conditions of approval as contained within Resolution No. 9833; and • Adopt Resolution No. 9833, which incorporates the City Council’s findings and actions regarding this matter.

PUBLIC HEARING

12. Introduction of Ordinance No. 1116 – An Ordinance Amending Section 150.001 (Building Code Adopted) of Chapter 150 (Building Regulations) of the Municipal Code by adopting by reference the 2023 Edition of the Los Angeles County Building Code (Title 26), Electrical Code (Title 27), Plumbing Code (Title 28), Mechanical Code (Title 29), Residential Code (Title 30), Green Building Standards Code (Title 31) and Existing Building Codes (Title 33) (Planning)
Recommendation:
• Read by title only, waive further reading and introduce Ordinance No. 1116; and
• Make the determination that this action is exempt from environmental review in accordance with the California Environmental Quality Act (CEQA) under the general rule contained in Section 1506(b)(3) and Public City of Santa Fe Springs Regular Meetings December 6, 2022 6 Resource Code Section 21080(b)(15).

NEW BUSINESS

13. Residential Alley Improvements (Terradell Street to Bartley Avenue) (Public Works) Recommendation:
• Add Residential Alley Improvements (Terradell Street to Bartley Avenue) project to Capital Improvement Plan (CIP); and
• Appropriate $555,000 from Utility User Tax (UUT) Capital Improvement Funds to the Residential Alley Improvements (Terradell Street to Bartley Avenue) project.

14. Resolution No. 9837 – Authorizing the Publication of Notice to Sale a Franchise to Crimson California Pipeline, L.P., for Maintenance and Operation of Pipeline in City streets (Public Works)
Recommendation:
• Adopt Resolution No. 9837 and set the date of January 10, 2023, for the Public Hearing to grant a franchise to Crimson California Pipeline, L.P.

15. Residential Concrete Improvements - Authorization to Advertise for Construction Bids (Public Works)
Recommendation:
• Combine the Sidewalk Removal and Replacement Projects at Los Nietos Park, Lakeview Park, and Lake Center Athletic Park with the Annual Sidewalk/Curb & Gutter Removal and Replacement Program; • Transfer Utility Users Tax CIP funds from the Sidewalk Removal and Replacement Projects at Los Nietos Park (Account PW220011/Amount $162,000), Lakeview Park (Account PW220012/Amount $124,000), and Lake Center Athletic Park (Account PW220017/Amount $120,000) to the Annual Sidewalk/Curb & Gutter Removal and Replacement Program (PW220009); and
• Rename the Annual Sidewalk/Curb & Gutter Removal and Replacement Program to Residential Concrete Improvements Project;
• Approve the Plans and Specifications; and
• Authorize the City Engineer to advertise for construction bids.

16. Betty Wilson Center Roof Replacement - Authorization to Advertise for Construction Bids (Public Works)
Recommendation:
• Approve the Specifications; and
• Authorize the City Engineer to advertise for construction bids.

17. Resolution No. 9838 – Authorizing the Publication of Notice to Sale a Franchise to Cardinal Pipeline, L.P., for Maintenance and Operation of Pipeline in City streets (Public Works)
Recommendation:

City of Santa Fe Springs Regular Meetings December 6, 2022 7 • Adopt Resolution No. 9838 and set the date of January 10, 2023, for the Public Hearing to grant a franchise to Cardinal Pipeline, L.P.

18. Municipal Services Yard Warehouse and Administration Office Roof Replacement – Award of Contract (Public Works)
Recommendation:
• Appropriate $35,000 from the Utility Users Tax (UUT) Capital Improvements Fund to the Municipal Services Yard Warehouse and Administration Office Roof Replacement (PW 220004);
• Accept the bids; and
• Award a contract to 4 Seasons Roofing, Inc. of Montebello, California, in the amount of $447,705.

19. Award of Contract to Public Sector Personnel Consultants for the Preparation of a Classification and Compensation Study (Finance)
Recommendation:
• Authorize the City Manager to sign a contract with Public Sector Personnel Consultants for the preparation of a Classification and Compensation Study.
• Appropriate $40,000 from the General Fund Unassigned Fund Balance to fully fund the Study

20. Increase the City’s Maximum Contribution for Medical Insurance Premiums Under the Affordable Care Act (Finance)
Recommendation:
• Approve an increase in the City’s maximum contribution for medical insurance premiums under the Affordable Care Act.

21. CITY MANAGER’S AND EXECUTIVE TEAM REPORTS

22. COUNCIL COMMENTS

23. ADJOURNMENT
I, Janet Martinez, City Clerk for the City of Santa Fe Springs, do hereby certify under penalty of perjury under the laws of the State of California, that the foregoing agenda was posted at the following locations; City’s website at www.santafesprings.org; Santa Fe Springs City Hall, 11710 Telegraph Road; Santa Fe Springs City Library, 11700 Telegraph Road; and the Town Center Plaza (Kiosk), 11740 Telegraph Road, not less than 72 hours prior to the meeting.

December 2, 2022
Janet Martinez, CMC, City Clerk Date Posted
.

AGENDA

REGULAR MEETINGS OF THE SANTA FE SPRINGS

PUBLIC FINANCING AUTHORITY

WATER UTILITY AUTHORITY

HOUSING SUCCESSOR

SUCCESSOR AGENCY

AND CITY COUNCIL
December 6, 2022
6:00 P.M.

Please Note: Staff reports, and supplemental
attachments, are available for inspection at the
office of the City Clerk, City Hall, 11710 E.

Telegraph Road during regular business hours
7:30 a.m.-5:30 p.m., Monday-Thursday and every
other Friday. Telephone: (562) 868-0511.

City of Santa Fe Springs
Regular Meetings December 6, 2022
2 1. CALL TO ORDER

2. ROLL CALL
Juanita Martin, Councilmember
John M. Mora, Councilmember
Jay Sarno, Councilmember
Joe Angel Zamora, Mayor Pro Tem
Annette Rodriguez, Mayor

3. INVOCATION

4. PLEDGE OF ALLEGIANCE

PUBLIC FINANCING AUTHORITY

6. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote.

WATER UTILITY AUTHORITY

7. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote.

City of Santa Fe Springs Regular Meetings December 6, 2022 3 c. Status Update of Water-Related Capital Improvement Projects (Public Works) Recommendation:
• Receive and file the report.

HOUSING SUCCESSOR

Minutes of the November 1 and 15, 2022 Housing Successor Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.

SUCCESSOR AGENCY

Minutes of the November 1 and 15, 2022 Successor Agency Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.

CITY COUNCIL

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS, CALIFORNIA, REAFFIRMING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE THREAT OF COVID-19.

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS AFFIRMING THE LEGALLY REQUIRED FINDINGS TO

PUBLIC HEARING

NEW BUSINESS

City of Santa Fe Springs Regular Meetings December 6, 2022 7 • Adopt Resolution No. 9838 and set the date of January 10, 2023, for the Public Hearing to grant a franchise to Cardinal Pipeline, L.P.

21. CITY MANAGER’S AND EXECUTIVE TEAM REPORTS

22. COUNCIL COMMENTS

December 2, 2022
Janet Martinez, CMC, City Clerk Date Posted
FOR ITEM NO. 6A
PLEASE SEE ITEM NO. 10A
City of Santa Fe Springs
Pla Public Financing Authority Meeting December 6, 2022 Report Submitted By: Travis Hickey Date of Report: December 1, 2022 Finance & Administrative Services

CONSENT AGENDA
Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Public Financing Authority (PFA)

BACKGROUND
The Santa Fe Springs Public Financing Authority (PFA) is a City entity that has periodically issued debt for the benefit of the Santa Fe Springs community. The following is a brief status report on the debt instruments currently outstanding that were issued through the PFA.

Consolidated Redevelopment Project 2006-A Tax Allocation Bonds Financing proceeds available for appropriation at 11/30/2022 None Outstanding principal at 11/30/2022 $37,857,128
Bond Repayment
The former Community Development Commission (CDC) issued a number of tax allocation bonds before it was dissolved by State law effective February 1, 2012 which are administered by the City acting as Successor Agency under the oversight of the appointed Oversight Board. The Successor Agency no longer receives tax increment. Instead, distributions from the Redevelopment Property Tax Trust Fund (RPTTF) are received based on approved obligations. It is anticipated that sufficient allocations from the RPTTF will continue to be made to the Successor Agency to meet ongoing debt service obligations.

Unspent Bond Proceeds
Under an approved Bond Expenditure Agreement, unspent bond proceeds of the former CDC in the amount of approximately $19 million were transferred to the City in July 2014.

The funds are to be spent in accordance with the original bond documents. The unspent proceeds continue to be a source of funding within the City’s capital improvement program (CIP).
2016 Bond Refunding
In July 2016, the Successor Agency issued its 2016 Tax Allocation Refunding Bonds, which paid off several bond issuances of the former CDC. The bonds were originally issued through the Public Financing Authority and included the 2001 Series A, 2002 Series A, 2003 Series A, the current interest portion of the 2006 Series A, and 2006 Series B bond issuances.

RECOMMENDATION
Receive and file the report.

ITEM NO. 6B
Public Financing Authority Monthly Report Page 2 of 2
Report Submitted By: Travis Hickey Date of Report: December 1, 2022 Finance & Administrative Services
2017 Bond Refunding
In December 2017, the Successor Agency issued its 2017 Tax Allocation Refunding Bonds, which paid off the 2007 Tax Allocation Bonds of the former CDC. The 2007 Bonds were originally issued through the Public Financing Authority.

Raymond R. Cruz
City Manager/Executive Director
FOR ITEM NO. 7A
PLEASE SEE ITEM NO. 10A
City of Santa Fe Springs
Pla Water Utility Authority Meeting December 6, 2022
Report Submitted By: Travis Hickey Date of Report: December 1, 2022 Finance & Administrative Services

CONSENT AGENDA
Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Water Utility Authority (WUA)

BACKGROUND
The Santa Fe Springs Water Utility Authority (WUA) is a City entity that has issued debt for the benefit of the Santa Fe Springs community. The following is a brief status report on the debt instruments currently outstanding that were issued through the WUA.

Water Revenue Bonds, 2013
Financing proceeds available for appropriation at 11/30/2022 None Outstanding principal at 11/30/2022 $6,890,000
Water Revenue Bonds, 2018
Financing proceeds available for appropriation at 11/30/2022 None Outstanding principal at 11/30/2022 $820,000
In May 2013 the Water Utility Authority issued the 2013 Water Revenue Bonds in the amount of $6,890,000. The bonds refunded the existing 2003 Water Revenue Bonds (issued through the Public Financing Authority) and provided additional funds for water improvement projects in the amount of $2,134,339. The funds were restricted for use on water system improvements. In August 2013 the Water Utility Authority Board appropriated the proceeds for the Equipping Water Well No. 12 Project and all proceeds were since used on this project.

In January 2018 the Water Utility Authority issued the 2018 Water Revenue Bonds in the amount of $1,800,000. The bonds refunded the existing 2005 Water Revenue Bonds (issued through the Public Financing Authority). No additional funds were raised through the issuance of the 2018 Water Revenue Bonds.

The City budget includes sufficient appropriations and adequate revenues are expected to be collected to meet the debt service obligations associated with the 2013 and 2018 Water Revenue Bonds.

RECOMMENDATION
Receive and file the report.

ITEM NO. 7B
Water Utility Authority Monthly Report Page 2 of 2
Report Submitted By: Travis Hickey Date of Report: December 1, 2022 Finance & Administrative Services
The WUA was formed in June of 2009. Water revenue bonds issued prior to this date were issued through the City of Santa Fe Springs Public Financing Authority.

Raymond R. Cruz
City Manager/Executive Director
City of Santa Fe Springs
Water Utility Authority Meeting December 6, 2022
Report Submitted By: Noe Negrete Date of Report: December 1, 2022 Director of Public Works

CONSENT AGENDA
Status Update of Water-Related Capital Improvement Projects

BACKGROUND
This report is for informational purposes only. The following is a listing of current active water projects.

Water Utility SCADA Programming And Maintenance
The Water Utility’s Supervisory Control And Data Acquisition (SCADA) software and system components are vital in operating and monitoring the drinking water system pressure, imported water connections, and the City’s five underpass pump stations.

SCADA allows staff to remotely monitor and make changes to specific system parameters.

As the SCADA system was installed more than twenty years ago, much of the hardware is outdated as is the software. Staff is preparing to advertise a Request For Proposals (RFP) for On-call SCADA Programming And Maintenance Services to ensure continued operation of the SCADA system.

INFRASTRUCTURE IMPACT
Having an On-call SCADA programing and maintenance contract in place will ensure continued operation of the City’s drinking water system. Updated software and hardware will ensure future compatible components are installed, decrease vulnerability to cyber threats, and increase reliability and functionality of the SCADA system.

Raymond R. Cruz
Executive Director
Attachments:

None

RECOMMENDATION
• Receive and file the report.

ITEM NO. 7C
FOR ITEM NO. 8
PLEASE SEE ITEM NO. 10A
FOR ITEM NO. 9
PLEASE SEE ITEM NO. 10A
City Council Meeting December 6, 2022
Report Submitted By: Janet Martinez, City Clerk/ Date of Report: December 1, 2022 Fernando Munoz, Deputy City Clerk
City of Santa Fe Springs

CONSENT AGENDA
Minutes of the November 1 and November 15, 2022 Regular City Council Meetings

BACKGROUND
Staff has prepared minutes for the following meetings:
• Regular City Council Meeting of November 1, 2022
• Special City Council Meeting of November 15, 2022
• Regular City Council Meeting of November 15, 2022
Staff hereby submits the minutes for Council’s approval.

Raymond R. Cruz
City Manager
Attachment:

1. November 1, 2022 Regular Meeting Minutes

2. November 15, 2022 Special Meeting Minutes

3. November 15, 2022 Regular Meeting Minutes

RECOMMENDATION(S)
• Approve the minutes as submitted.

ITEM NO. 10A
APPROVED:

MINUTES OF THE REGULAR MEETINGS OF THE

CITY COUNCIL
November 1, 2022

1. CALL TO ORDER
Mayor Rodriguez called the meeting to order at 6:00 p.m.

2. ROLL CALL
Members present: Councilmembers/Directors: Martin, Mora, Mayor Pro Tem/Vice Chair Zamora and Mayor/Chair Rodriguez.

Members absent: Councilmember/Director Sarno.

3. INVOCATION
Council Member Mora led the invocation.

4. VETERAN’S DAY CEREMONY
Student Leslie Cisneros led the Pledge of Allegiance.

Mayor Rodriguez recessed the meeting at 6:03 p.m.

Mayor Rodriguez reconvened the meeting at 6:25 p.m.

5. PRESENTATIONS
a. Introduction of Newly Promoted Community Services Employee (Community Services)
b. Introduction of Fire-Rescue Presentation of the New Resident and Business Community Application “Community Connect” (Fire)
c. Introduction of New Santa Fe Springs Public Works Department Employees – Engineering Division (Public Works)

6. PUBLIC COMMENTS
• The following individuals spoke during public comment: Bruce Crow, Tim Nally, Janie Aguirre, Lee Squire, Isabel Cervantes, and Frank Heldman (via Zoom).

HOUSING SUCCESSOR

7. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the Housing Successor.

Minutes of the October 4, 2022 Housing Successor Meeting (City Clerk) Recommendation:
• Approve the minutes as submitted.

Minutes of the November 1, 2022 Housing Successor, Successor Agency, and City Council Meetings

Page 2 ends

It was moved by Council Member Martin, seconded by Councilmember Mora, to approve the minutes as submitted, by the following vote:

Ayes: Martin, Mora, Zamora, Rodríguez
Nayes: None

Absent: Sarno

SUCCESSOR AGENCY

Minutes of the October 4, 2022 Successor Agency Meeting (City Clerk) Recommendation:
• Approve the minutes as submitted.

It was moved by Councilmember Mora, seconded by Mayor Pro Tem Zamora, to approve the minutes as submitted, by the following vote:

Ayes: Martin, Mora, Zamora, Rodríguez
Nayes: None

Absent: Sarno

CITY COUNCIL

9. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the City Council.
a. Minutes of the October 4, 2022 Regular City Council Meeting (City Clerk) Recommendation:
• Approve the minutes as submitted.
b. A Resolution of the City Council Reaffirming the Existence of a Local Emergency Due to the Threat of COVID-19 (pursuant to Government Code section 8630) (City Attorney)
Recommendation:
• Adopt Resolution No. 9827:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS, CALIFORNIA, REAFFIRMING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE THREAT OF COVID-19.
c. A Resolution of the City Council Affirming Authorization of Remote Teleconference Meetings (City Attorney)
Recommendation:
• Adopt Resolution No. 9828:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS AFFIRMING THE LEGALLY REQUIRED FINDINGS TO

AUTHORIZE THE CONDUCT OF REMOTE TELECONFERENCE
MEETINGS DURING A STATE OF EMERGENCY.

Minutes of the November 1, 2022 Housing Successor, Successor Agency, and City Council Meetings

Page 3 ends

d. Approve Two (2) Grant Agreements between the City of Santa Fe Springs and the California State Library for the ZIP Books Program Grant and the One Step Beyond STEAM Grant (Community Services)
Recommendation:
• Approve and Authorize the Director of Community Services to Sign the Grant Agreements between the City of Santa Fe Springs and the California State Library for the ZIP Books Program Grant and the One Step Beyond STEAM Grant.
e. Award Bid to Hi-Way Safety for the Purchase of Two (2) Portable Digital Traffic Message Board Trailers (Finance)
Recommendation:
• Award bid to Hi-Way Safety for the purchase of two portable traffic message board trailers; and
• Appropriate $3,425 from the General Fund Contingency Reserve to fully fund this purchase; and
• Authorize the Director of Purchasing Services to generate a purchase order to Hi-Way Safety in the amount of $38,424.17.
f. Quarterly Treasurer’s Report of Investments for the Quarter Ended September 30, 2022 (Finance)
Recommendation:
• Receive and file the report.
g. 2023 5K Fun Run/Walk Traffic Control Plans – Request for Approval (Public Works)
Recommendation:
• Approve the traffic control plans prepared for the closure of various City streets in the area bordered by Orr and Day Road, Pioneer Boulevard, Florence Avenue and Telegraph Road for the detouring of traffic for the 2023 5K Fun Run/Walk route on Saturday, March 11, 2023. h. Authorize a Change Order for the Fabrication and Purchase of a Paramedic Squad Response Vehicle from Boise Mobile Equipment for the Department of FireRescue (Fire) Recommendation:
• Authorize the Department of Fire-Rescue to Authorize a Change Order Form for the Fabrication and Purchase of a Paramedic Squad Response Vehicle from Boise Mobile Equipment; and
• Appropriate $31,148 from the general equipment replacement fund to fully fund this change order; and
• Authorize the Director of Purchasing Services to issue a purchase order change order in the amount $31,148 to Boise Mobile Equipment.

It was moved by Mayor Pro Tem Zamora, seconded by Council Member Martin, to approve Items No. 9A through 9H by the following vote:

Ayes: Martin, Mora, Zamora, Rodriguez
Nayes: None
Minutes of the November 1, 2022 Housing Successor, Successor Agency, and City Council Meetings

Page 4 ends

Absent: Sarno

OLD BUSINESS

10. Santa Fe Springs Aquatic Center Community Feedback (Community Services) Recommendation:
• Receive and file the report.

Parks and Recreation Services Manager, Gus Hernandez provided a brief report regarding community feedback on the aquatic center. His visual PowerPoint listed survey engagement efforts and results of the conducted survey.

There was a council consensus to receive and file the report.

NEW BUSINESS

11. Design of Aquatic Center – Award of Contract
Recommendation:
• Award a Contract to HED from Los Angeles, California for the Design of the Aquatic Center for an amount not to exceed $1,052,400; and • Authorize the Mayor to execute the Professional Services Agreement with Harley Ellis Devereaux (HED).

Director of Public Works, Noe Negrete provided a brief presentation on Item No. 11. He discussed the RFP and the details of what is being requested, including project and cost details. The company, HED was recommended for the design of the Aquatic Center.

Mayor Pro Tem Zamora requested to add in liability costs for the different alternatives proposed. City Manager, Raymond R. Cruz noted that whenever there is a water park structure the cost for liability is assumed to be obtained, along with additional staffing costs.

Council Member Martin inquired if the city would increase the aquatic center’s operational months from 3 to 6 months or more. Director Negrete responded it was something for the council to consider and that he would recommend to operate for longer throughout the year.

Additional operational costs will be considered at a future study session.

Council Member Mora inquired about the difference between the baseline cost and total design cost. Director Negrete discussed that the baseline is the cost before extra designs are added to the project.

Mayor Pro Tem Zamora inquired when the study session is scheduled for. Director Negrete stated there is no date determined yet.

Mayor Rodriguez inquired when the designs will be returned. Director Negrete stated designs could be brought to Council within a year.

It was moved by Council Member Mora, seconded by Mayor Pro Tem Zamora, to award a contract to HED from Los Angeles, California for the design of the aquatic center for an amount not to exceed $1,052,400, and authorize the Mayor to execute the Professional Services Agreement with HED, by the following vote:

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Ayes: Martin, Mora, Zamora, Rodríguez
Nayes: None

Absent: Sarno

12. CITY MANAGER’S AND EXECUTIVE TEAM REPORTS
• City Manager, Raymond R. Cruz spoke in regards to the Santa Fe Springs Employees' Halloween party that took place on October 31st. • City Clerk, Janet Martinez spoke about the City’s election and the advisory committee vacancies.
• Director of Public Works, Noe Negrete spoke about the Catch Basin Maintenance, the Santa Fe Springs Park Parking Lot Improvement Project, and the Los Nietos Park Playground Project.
• Director of Planning, Wayne Morrell spoke about the scarecrow contest and Amazon’s top selling Halloween costumes.
• Director of Police Services, Dino Torres spoke about the Red Ribbon Parade. • Chief of Police, Brent Hayward had nothing to report. • Director of Finance, Travis Hickey provided an update on the Finance Dept. completed renovation project.
• Director of Community Services, Maricela Balderas recognized the Red Ribbon Week Parade. She also spoke about the City’s Halloween event and thanked the Parks and Recreation staff. She spoke about the Library’s Lantern Tour event and promoted the Thanksgiving Food Giveaway Program. Lastly, she addressed the library’s new fine free policy and grants awarded from the State.

13. COUNCIL COMMENTS
Council Member Martin expressed her content to have the City’s programs back that existed before Covid-19, and recognized the City’s Halloween Event. She also encouraged everyone to go vote.

Council Member Mora thanked the Fire Chief for his department’s work in starting the Santa Fe Springs Community Connect app. He spoke about a new business that offers tumbling for youth in the city. He recognized the Red Ribbon Parade and Director Negrete for his work on the water board. Lastly, he expressed gratitude for the veterans.

Mayor Pro Tem Zamora recognized the Fire Chief on the app implementation,and welcomed the City’s new employees. He also acknowledged the Red Ribbon parade and the Halloween Event’s success. Lastly, he recognized the veterans.

Mayor Rodriguez congratulated the new employees. She thanked the 3rd grade students who toured city hall. She then commented on Red Ribbon week and thanked the veterans.

14. ADJOURNMENT
Mayor Rodriguez adjourned the meeting at 7:54 p.m.

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_____________________
Annette Rodriguez
Mayor
ATTEST:
_____________________
Janet Martinez Date
City Clerk
APPROVED:

MINUTES OF THE SPECIAL MEETINGS OF THE

CITY COUNCIL
November 15, 2022

1. CALL TO ORDER
Mayor Rodriguez called the meeting to order at 5:01 p.m.

2. ROLL CALL
Members present: Councilmembers/Directors: Martin, Mora, Sarno, Mayor Pro Tem/Vice Chair Zamora and Mayor/Chair Rodriguez.

Members absent: None

3. PUBLIC COMMENTS
There was no one wishing to speak during public comments.

CITY COUNCIL

CLOSED SESSION

4. PUBLIC EMPLOYMENT
(Pursuant to California Government Code Section 54957(b)(1)) TITLE: City Manager Evaluation

CLOSED SESSION

5. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION
(Pursuant to California Government Code Section 54956.9(d)(1) Name of case: City of Santa Fe Springs v. SFS Hospitality, LLC, Case No. 20STCV33264

CLOSED SESSION

6. CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code section 54957.6)
Agency designated representatives: Raymond R. Cruz, Travis Hickey Employee organizations: Santa Fe Springs City Employee Association, Santa Fe Springs Firefighters Association, and Santa Fe Springs Executive Management and Confidential Employee Association.

Mayor Rodriguez recessed the meeting at 5:03 p.m.

Mayor Rodriguez convened the meeting at 6:02 p.m.

City Attorney, Ivy M. Tsai provided a closed session report: Item No 5 was completed, direction was given to staff and no reportable action was taken. Item Nos. 4 and 6 will be continued towards the end of the 6:00 p.m. regular meeting.

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7. ADJOURNMENT
Mayor Rodriguez adjourned the meeting at 6:02 p.m.
_____________________
Annette Rodriguez
Mayor
ATTEST:
_____________________
Janet Martinez Date
City Clerk
APPROVED:

MINUTES OF THE REGULAR MEETINGS OF THE

CITY COUNCIL
November 15, 2022

1. CALL TO ORDER
Mayor Rodriguez called the meeting to order at 6:02 p.m.

2. ROLL CALL
Members present: Councilmembers/Directors: Martin, Mora, Sarno, Mayor Pro Tem/Vice Chair Zamora and Mayor/Chair Rodriguez.

Members absent: None

3. INVOCATION
Councilmember Sarno led the invocation.

4. PLEDGE OF ALLEGIANCE
Youth Leadership Committee member Aaron Doss led the pledge of allegiance.

5. PRESENTATIONS
a. Milestone Recognition (City Manager)
b. Introduction of Promoted Santa Fe Springs Department of Fire-Rescue Battalion Chief (Fire)

6. PUBLIC COMMENTS
The following individuals spoke during public comment: Bruce Crow and Stella Bastida.

PUBLIC FINANCING AUTHORITY

7. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote.

Any item may be removed from the Consent Agenda and considered separately by the Public Financing Authority.
a. Minutes of the October 18, 2022 Public Financing Authority Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.
b. Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Public Financing Authority (PFA) (Finance)
Recommendation:
• Receive and file the report.

It was moved by Councilmember Sarno, seconded by Mayor Pro Tem Zamora, to approve Items 7A and 7B, by the following vote:

Ayes: Martin, Mora, Sarno, Zamora, Rodriguez
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Nayes: None

Absent: None

WATER UTILITY AUTHORITY

8. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote.

Any item may be removed from the Consent Agenda and considered separately by the Water Utility Authority.
a. Minutes of the October 18, 2022 Water Utility Authority Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.
b. Monthly Report on the Status of Debt Instruments Issued through the City of Santa Fe Springs Water Utility Authority (WUA) (Finance)
Recommendation:
• Receive and file the report.
c. Status Update of Water-Related Capital Improvement Projects (Public Works) Recommendation:
• Receive and file the report.

It was moved by Councilmember Martin, seconded by Councilmember Mora, to approve Items 8A through 8C, by the following vote:

Ayes: Martin, Mora, Sarno, Zamora, Rodriguez
Nayes: None

Absent: None

HOUSING SUCCESSOR

Minutes of the October 18, 2022 Housing Successor Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.

It was moved by Mayor Pro Tem Zamora, seconded by Councilmember Sarno, to approve the consent agenda, by the following vote:

Ayes: Martin, Mora, Sarno, Zamora, Rodriguez
Nayes: None

Absent: None

SUCCESSOR AGENCY

10. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the Minutes of the November 15, 2022 Public Finance Authority, Water Utility Authority, Housing Successor, Successor Agency, and City Council Meetings

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Successor Agency.

Minutes of the October 18, 2022 Successor Agency Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.

It was moved by Councilmember Mora, seconded by Councilmember Martin, to approve the consent agenda, by the following vote:

Ayes: Martin, Mora, Sarno, Zamora, Rodriguez
Nayes: None

Absent: None

CITY COUNCIL

11. CONSENT AGENDA
Consent Agenda items are considered routine matters which may be enacted by one motion and vote. Any item may be removed from the Consent Agenda and considered separately by the City Council.
a. Minutes of the October 18, 2022 Regular City Council Meetings (City Clerk) Recommendation:
• Approve the minutes as submitted.
b. A Resolution of the City Council Reaffirming the Existence of a Local Emergency Due to Threat of COVID-19 (pursuant to Government Code section 8630) (City Attorney)
Recommendation:
• Adopt Resolution No. 9829:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS AFFIRMING THE LEGALLY REQUIRED FINDINGS TO

AUTHORIZE THE CONDUCT OF REMOTE TELECONFERENCE
MEETINGS DURING A STATE OF EMERGENCY.
d. Community Facilities District No. 2004-1 (Bloomfield-Florence) – Annual Special Tax Levy Report for Fiscal Year 2021-22 (Public Works)
Recommendation:
• Receive and file the Special Tax Levy Annual Report for Community Facilities District 2004-1 for Fiscal Year 2021-22.
e. Community Facilities District No. 2002-1 (Bloomfield-Lakeland) – Annual Special Tax Levy Report for Fiscal Year 2021-22 (Public Works)
Recommendation:

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• Receive and file the Special Tax Levy Annual Report for Community Facilities District 2002-1 for Fiscal Year 2021-22.
f. Measure R Funding Agreement with Los Angeles County Metropolitan Transportation Authority – Amendment No. 3 (Public Works) Recommendation:
• Approve Amendment No. 3 to Funding Agreement MR 315.40 for the Valley View Avenue and Rosecrans Avenue Intersection Improvements; and • Authorize the City Manager to execute Amendment No. 3. g. Santa Fe Springs Park – Authorization to Execute Southern California Edison License Agreement (Public Works)
Recommendation:
• Authorize the Mayor to execute a License Agreement, Contract No. 9.5125, with Southern California Edison (SCE).

It was moved by Councilmember Sarno, seconded by Councilmember Mora, to approve Items No. 11A through 11G, by the following vote:

Ayes: Martin, Mora, Sarno, Zamora, Rodriguez
Nayes: None

Absent: None

NEW BUSINESS

12. Home Improvement Grant Program – Award of Contract (City Manager) Recommendation:
• Accept the proposal from Willdan Engineering (Willdan); and • Award a Contract to Willdan to implement and manage the City’s Home Improvement Grant Program in an amount not to exceed $30,800; and • Authorize the Mayor or designee to execute a Professional Services Agreement with Willdan.

Municipal Affairs Manager, Maribel Garcia provided a brief presentation on Item No. 12.

Manager Garcia added that applicants must occupy the house that they would like the assistance to apply towards. Willdan Engineering and Yvonne Pedraza-Mendoza from the Community Services Department will oversee the application system which will be processed on a first come, first serve basis.

Councilmember Mora asked why only Willdan Engineering submitted a proposal.

Manager Garcia stated that the other companies that typically submit proposals for similar projects are either understaffed or working on other projects.

It was moved by Mayor Pro Tem Zamora, seconded by Councilmember Martin, to accept the proposal from Willdan Engineering (Willdan), award a Contract to Willdan to implement and manage the City’s Home Improvement Grant Program in an amount not to exceed $30,800, and authorize the Mayor or designee to execute a Professional Services Agreement with Willdan, by the following vote:

Ayes: Martin, Mora, Sarno, Zamora, Rodriguez
Nayes: None
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Absent: None

13. Fiscal Year (FY) 2021-22 Preliminary Year-End Review (Finance) Recommendation:
• Authorize the transfer of $16.6 million from the FY 2021-22 increase in available General Fund balance to the following reserves and/or funds:
• $8.0 million of available balance to the Unfunded Liability Reserve for deposit into the California Employer’s Pension Prefunding Trust (CEPPT)
• $6.0 million of available balance to the Capital Improvement Program (CIP) Fund
• $1.0 million of available balance to the Equipment Replacement Fund
• $1.6 million of available balance to the Economic Contingency Reserve
• Authorize the transfer of $2.4 million from the FY 2021-22 increase in available Water Fund balance to the Water CIP Reserve Fund.

Director of Finance, Travis Hickey provided a presentation on Item No. 13.

Councilmember Sarno requested the City remove $3 million from the $8 million of the unfunded liability reserve and set it aside for the pool renovation project. Council unanimously agreed with the request by Councilmember Sarno.

It was moved by Councilmember Sarno, seconded by Mayor Pro Tem Zamora, to authorize the transfer of $16.6 million from the FY 2021-22 increase in available General Fund balance to the following reserves and/or funds:
• $5.0 million of available balance to the Unfunded Liability Reserve for deposit into the California Employer’s Pension Prefunding Trust (CEPPT) • $3.0 million in a separate fund for the pool renovation project. • $6.0 million of available balance to the Capital Improvement Program (CIP) Fund
• $1.0 million of available balance to the Equipment Replacement Fund • $1.6 million of available balance to the Economic Contingency Reserve and authorize the transfer of $2.4 million from the FY 2021-22 increase in available Water Fund balance to the Water CIP Reserve Fund, by the following vote:

Ayes: Martin, Mora, Sarno, Zamora, Rodriguez
Nayes: None

Absent: None

14. CITY MANAGER’S AND EXECUTIVE TEAM REPORTS
• City Manager, Raymond R. Cruz had nothing to report.
• Water Utility Services Manager, Jesse Sira spoke about the newly implemented I-5 Freeway Ramp Shields on Florence Avenue. He also spoke about the replacement of the New Civic Center Plaza Lights and Wayfinding signs around the Civic Center. • Mayor Pro Tem Zamora inquired about installing signage on Pioneer Boulevard emphasizing the weight restrictions for large vehicles.

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• Director of Planning, Wayne M. Morrell spoke about the grants obtained for the City by JWA Urban Consultants, Inc. Lastly, he called upon Assistant Planner, Jimmy Wong to provide information on the Accessory Dwelling Unit (ADU) Project. • Director of Police Services, Dino Torres spoke about the Emergency Management Training on November 10th.
• Fire Chief, Brent Hayward spoke about the Fire-Rescue Department’s support during Breast Cancer Awareness Month, and also promoted the department’s participation in “Mo-vember”. Lastly, he spoke about the Rio Hondo College Career Day at Santa Fe High School.
• Director of Finance, Travis Hickey spoke about scheduled Network Upgrades affecting City services from December 2nd until December 4th.
• Director of Community Services, Maricela Balderas provided information on upcoming events such as the Tree Lighting Ceremony on December 3rd, the Santa Float Schedule, and the Neighborly Elf Christmas Basket Program. Lastly, she announced that the Library’s First Friday Event will be on December 2nd at 7:00 p.m.

15. COUNCIL COMMENTS
Councilmember Martin congratulated the Arias family on their wedding anniversary and congratulated the newly promoted Battalion Chief, Chris Shields.

Councilmember Mora also congratulated the Arias family and Battalion Chief Shields. He spoke about attending a ribbon cutting event hosted by the Chamber of Commerce, and also highlighted the “Meet the Mentor” event he attended also hosted by the Chamber.

He wished everyone in attendance a Happy Thanksgiving.

Councilmember Sarno also congratulated the Arias family and Battalion Chief Shields.

He inquired about obtaining a concession stand at the former Tierra Mia location inside the City Library. Director Balderas responded that there are ongoing plans to house a passport service center at the former Tierra Mia location. He asked about looking into creating a community area where residents can promote their cooking and creative talents, and wished everyone a great week.

Mayor Pro Tem Zamora congratulated the Arias family on their milestone and also congratulated Battalion Chief Shields. He wished everyone a Happy Thanksgiving.

Mayor Rodriguez spoke about attending the Los Nietos Middle School STEAM Academy ESports Classroom Grand Opening and also spoke about attending the “Meet the Mentor” event with Councilmember Mora. She congratulated Battalion Chief Shields and thanked Whittier Police Department for their constant updates. She congratulated the Arias family and wished everyone in attendance a Happy Thanksgiving.

CLOSED SESSION (continued from 5:00 p.m. special meeting)

16. PUBLIC EMPLOYMENT
(Pursuant to California Government Code Section 54957(b)(1)) TITLE: City Manager Evaluation
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CLOSED SESSION

17. CONFERENCE WITH LEGAL COUNSEL – EXISTING LITIGATION (Pursuant to California Government Code Section 54956.9(d)(1) Name of case: City of Santa Fe Springs v. SFS Hospitality, LLC, Case No. 20STCV33264

CLOSED SESSION

18. CONFERENCE WITH LABOR NEGOTIATORS
(Pursuant to Government Code section 54957.6)
Agency designated representatives: Raymond R. Cruz, Travis Hickey Employee organizations: Santa Fe Springs City Employee Association, Santa Fe Springs Firefighters Association, and Santa Fe Springs Executive Management and Confidential Employee Association.

Mayor Rodriguez recessed the meeting at 7:17 p.m.

Mayor Rodriguez convened the meeting at 8:03 p.m.

City Attorney, Ivy M. Tsai provided a closed session report: Direction was given to staff and no reportable action was taken.

19. ADJOURNMENT
Mayor Rodriguez adjourned the meeting at 8:03 p.m.
_____________________
Annette Rodriguez
Mayor
ATTEST:
_____________________
Janet Martinez Date
City Clerk
City Council Meeting December 6, 2022
Report Submitted By: Ivy M. Tsai, City Attorney Date of Report: December 1, 2022 City of Santa Fe Springs

CONSENT AGENDA
A Resolution of the City Council Reaffirming the Existence of a Local Emergency Due to the Threat of COVID-19 (pursuant to Government Code section 8630)

BACKGROUND
On March 4, 2020, the Governor of California issued a proclamation declaring a state of emergency due to the threat of COVID-19. On March 13, 2020, the President of the United States issued a proclamation of national emergency, beginning March 1, 2020, due to the COVID-19 outbreak. On March 17, 2020, the City Manager, acting as the Director of Emergency Services, issued a proclamation declaring the existence of a local emergency beginning March 12, 2020, due to the threat of COVID-19. On March 18, 2020, the City Council adopted Resolution No. 9668 ratifying the proclamation, and on April 9, 2020, the City Council adopted Resolution No. 9669 relating to taking action in response to the local emergency. The City Council has continued to reaffirm the existence of a local emergency due to the threat of COVID-19.

Government Code section 8630(c) provides that the City Council shall review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency. The state of emergency still exists and has not been lifted at the statewide or county level. The Los Angeles County Department of Public Health issued a revised health order on September 22, 2022, which states that the County is now experiencing a Low Community Level, as measured by the Centers for Disease Control and Prevention (CDC) COVID-19 Community Level Framework, but also states that it is very likely that there will be additional and unpredictable waves of infections and hospitalizations.

The reasons for declaring a local emergency still exist, and therefore, staff recommends that the City Council adopt the attached Resolution affirming the existence of a local emergency in accordance with Government Code section 8630(c).

Raymond R. Cruz
City Manager
Attachment(s):

1. Resolution No. 9834

RECOMMENDATION
• Adopt Resolution No. 9834:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS, CALIFORNIA, REAFFIRMING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE THREAT OF COVID-19
ITEM NO. 10B
APPROVED:

ITEM NO.:
1 RESOLUTION NO. 9834

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS,

CALIFORNIA, REAFFIRMING THE EXISTENCE OF A LOCAL EMERGENCY DUE TO THE THREAT OF COVID-19
WHEREAS, on March 4, 2020, the Governor of California issued a proclamation declaring a state of emergency due to the threat of COVID-19; and WHEREAS, on March 13, 2020, the President of the United States issued a proclamation of national emergency, beginning March 1, 2020, due to the COVID-19 outbreak; and
WHEREAS, on March 17, 2020, the City Manager, acting as the Director of Emergency Services, issued a proclamation declaring the existence of a local emergency beginning March 12, 2020, due to the threat of COVID-19; and WHEREAS, on March 18, 2020, the City Council adopted Resolution No. 9668 ratifying the proclamation declaring the existence of a local emergency, and on April 9, 2020, the City Council adopted Resolution No. 9669 relating to taking action in response to the local emergency; and
WHEREAS, the City Council previously adopted resolutions reaffirming the existence of a local emergency due to the threat of COVID-19 pursuant to Government Code section 8630(c), which provides that the City Council shall review the need for continuing the local emergency at least once every 60 days until the City Council terminates the local emergency; and
WHEREAS, the state of emergency still exists and has not been lifted at the statewide or county level; and
WHEREAS, the Los Angeles County Department of Public Health issued a revised health order on September 22, 2022, which states that the County is now experiencing a Low Community Level, as measured by the Centers for Disease Control and Prevention (CDC) COVID-19 Community Level Framework, but also states that it is very likely that there will be additional and unpredictable waves of infections and hospitalizations; and WHEREAS, COVID-19 continues to pose a threat to the safety of individuals in Santa Fe Springs and Los Angeles County, and the reasons for declaring a local emergency still exist.
2 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES HEREBY RESOLVE AS FOLLOWS:

1. The City Council determines that there is need for continuing the local emergency until such time as the City Council declares the termination of the local emergency. The City Council will review the need for continuing the local emergency at least once every 60 days in accordance with Government Code section 8630(c).

2. The City Council reaffirms Resolution Nos. 9668 and 9669 relating to the declaration of and response to a local emergency due to the threat of COVID-19, and all parts therein.

APPROVED and ADOPTED this 6th day of December 2022 by the following vote:

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Annette Rodriguez, Mayor
ATTEST:
__________________________
Janet Martinez, CMC, City Clerk
City Council Meeting December 6, 2022
Report Submitted By: Ivy M. Tsai, City Attorney Date of Report: December 1, 2022 City of Santa Fe Springs

CONSENT AGENDA
A Resolution of the City Council Affirming Authorization of Remote Teleconference Meetings

BACKGROUND
At its regular meeting of December 7, 2021, the City Council adopted Resolution No. 9747 authorizing the City Council and all legislative bodies and committees of the City to meet by teleconference. In order to continue holding teleconference meetings pursuant to this new law, an agency is required, at least every 30 days, to make the following findings by majority vote:
(A) The legislative body has reconsidered the circumstances of the state of emergency.
(B) Any of the following circumstances exist:
(i) The state of emergency continues to directly impact the ability of the members to meet safely in person.
(ii) State or local officials continue to impose or recommend measures to promote social distancing.

On March 4, 2020, the Governor issued a proclamation declaring a state of emergency due to the threat of COVID-19. The California Department of Public Health and the County of Los Angeles Department of Public Health have issued public health orders during this state of emergency for the purpose of reducing transmission of COVID-19. Such orders have included social distancing requirements. The state of emergency continues to directly impact the ability of the members to meet safely in person due to a number of factors, including the high number of daily cases and community transmission and increased transmission of COVID-19 by the Delta variant. The Department of Public Health has stated that the Delta variant is two times as contagious as earlier variants, remains predominant in Los Angeles County, and continues to lead to increased infections.

Accordingly, staff has prepared the attached resolution to continue to authorize remote teleconference meetings and will include on all future meeting agendas such a resolution until such time as the state of emergency ceases, or as otherwise directed by the City Council.

RECOMMENDATION
• Adopt Resolution No. 9835:

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE

SPRINGS AFFIRMING THE LEGALLY REQUIRED FINDINGS TO

AUTHORIZE THE CONDUCT OF REMOTE TELECONFERENCE

MEETINGS DURING A STATE OF EMERGENCY
ITEM NO. 10C
City Council Meeting December 6, 2022
Report Submitted By: Ivy M. Tsai, City Attorney Date of Report: December 1, 2022 City of Santa Fe Springs
Raymond R. Cruz
City Manager
Attachment:

1. Resolution No. 9835
APPROVED:

ITEM NO.:
1 RESOLUTION NO. 9835

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS

AFFIRMING THE LEGALLY REQUIRED FINDINGS TO AUTHORIZE THE CONDUCT

OF REMOTE TELECONFERENCE MEETINGS DURING A STATE OF EMERGENCY WHEREAS, on March 4, 2020, pursuant to California Government Code section 8625, the Governor declared a state of emergency; and
WHEREAS, on September 17, 2021, the Governor signed AB 361, which bill went into immediate effect as urgency legislation; and
WHEREAS, AB 361 adds Subsection (e) to Section 54953 of the Government Code to authorize legislative bodies to conduct teleconference meetings without complying with the requirements set forth in Section 54953(b)(3), provided the legislative body makes specified findings and complies with certain requirements; and WHEREAS, the County of Los Angeles Department of Public Health reports a high number of daily cases and community transmission, as well as increased transmission of COVID-19 due to the Delta variant, which is two times as contagious as earlier variants, remains predominant in Los Angeles County, and continues to lead to increased infections; and
WHEREAS, public health officials recommend social distancing as a protective measure to decrease the chance of spread of COVID-19; and WHEREAS, at its regular meeting of November 2, 2021, the City Council adopted Resolution No. 9735 authorizing the City Council and all legislative bodies and committees of the City to meet by teleconference; and
WHEREAS, Government Code Section 54953(e)(3) requires an agency to reconsider the circumstances of the state of emergency and make certain findings every thirty days in order to continue to conduct remote teleconference meetings pursuant to Section 54953(e).

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS DOES HEREBY RESOLVE that:

1. The City Council has reconsidered the circumstances of the state of emergency and finds that the state of emergency continues to directly impact the ability of its members to meet safely in person.

2. The City Council and all legislative bodies and committees of the City are authorized to meet by teleconference pursuant to, and in compliance with the requirements of, Government Code section 54953(e).

APPROVED:

ITEM NO.:
2 APPROVED and ADOPTED this 6th day of December 2022.

AYES:

NOES:

ABSENT:

ABSTAIN:
_____________________________
Annette Rodriguez, Mayor
ATTEST:
__________________________
Janet Martinez, CMC, City Clerk
City of Santa Fe Springs
City Council Meeting December 6, 2022
Report Submitted By: Noe Negrete Date of Report: December 1, 2022 Director of Public Works

CONSENT AGENDA
Santa Fe Springs Park Parking Lot Improvements – Final Payment

BACKGROUND
District Member Ian Calderon of the 57th Assembly District pledged financial assistance in the amount of $2,520,000 to the City for improvements to existing City parks. On January 23, 2020, the City approved the California Natural Resources Agency to process the collection of grant funding related to the various park improvement projects.

On May 3, 2022, the City Council awarded a contract to E.C. Construction of South El Monte, California, in the amount of $580,938.50 for the Santa Fe Springs Park Parking Lot Improvements project. The general items of work include expanding the existing parking lot on the north side to provide more parking and reconstructing the existing asphalt pavement. Additionally, the project includes new curbs, sidewalk paths to the existing picnic shelter, and LED lighting. The existing parking lot count has 65 regular parking stalls and 2 ADA parking stalls. The proposed improvements created an additional 34 regular parking stalls, and 2 more ADA compliant parking stalls.

FISCAL IMPACT
The following payment detail represents the Final Payment (less 5% Retention) due, per terms of the contract, for the work that has been completed and found to be satisfactory.

The total project cost breakdown is as follows:

ITEM AMOUNT
Construction $ 673,000
Design $ 79,000
Engineering $ 28,000
Inspection $ 40,000
Total Project Cost: $ 820,000

PROJECT FUNDING AMOUNT
California Natural Resources Agency Grant Fund $ (482,750) UUT Capital Improvement Fund $ (337,250)
Total Funding: $ 820,000
The Total project cost, including construction, design, engineering, and inspection is approximately $820,000. The project has sufficient funds and the City will be

RECOMMENDATION
• Approve the Final Payment to E.C. Construction of South El Monte, California, for $23,040.29 (Less 5% Retention) for the subject project.

ITEM NO. 10D
Santa Fe Springs Park Parking Lot Improvements
Final Payment Page 2 of 2
Report Submitted By: Noe Negrete Date of Report: December 1, 2022 Director of Public Works
reimbursed via the California Natural Resources Grant Fund in the amount of $482,750.

INFRASTRUCTURE IMPACT
The Santa Fe Springs Park Parking Lot Improvements project will improve the condition of the existing parking lot pavement, enhance traffic circulation, provide better lighting, and provide additional parking stalls.

Raymond R. Cruz
City Manager
Attachments:

1. Final Payment Detail

City Council Meeting December 6, 2022
Report Submitted By: Fire Chief Brent Hayward Date of Report: December 1, 2022 Department of Fire-Rescue
City of Santa Fe Springs

CONSENT AGENDA
Resolution No. 9836 – Acknowledge Receipt of a Fire-Rescue Report Regarding the Annual Inspection of Certain Properties

BACKGROUND
The State legislature, through the passage of SB 1205, requires the chief of every fire department to conduct annual inspections on all public or private schools, hotel, motel, lodging house, apartment house, and certain residential care facilities (Health and Safety Code 13146.3, 13146.2, 17921(b)).

Beginning on January 1, 2019, every fire department must report on these State mandated annual inspections (Health and Safety Code 13146.4, Added by Stats. 2018, Ch. 854, Sec. 1. (SB 1205) Effective January 1, 2019). This report must be in the form of a resolution or other formal document.

Definitions of key terms:

R1 – Residential occupancies with transient (<30 days) occupants • Boarding houses (transient) no more than 10 occupants • Congregate residents (transient) no more than 10 occupants • Hotels, motels
R2 – Residential – Residential occupancies containing sleeping units or more than two dwelling units where the occupants are primarily permanent in nature, including apartments
R2.1 – 24-hour living facilities may contain >6 non-ambulatory and/or bedridden clients.
• Assisted living facilities such as residential care facilities, residential care facilities for the elderly (RCFEs), adult residential facilities, group homes, etc. • Social rehabilitation facilities such as halfway houses, community correctional centers, community treatment programs, alcoholism or drug abuse recovery or treatment
RECOMMENDATION:
• Acknowledge Receipt of Department of Fire-Rescue Report Regarding the Annual Inspection of Certain Properties.

ITEM NO. 10E
City Council Meeting December 6, 2022
Report Submitted By: Fire Chief Brent Hayward Date of Report: December 1, 2022 Department of Fire-Rescue
City of Santa Fe Springs
R4 – 24-hour living facilities more than six ambulatory clients, but not more than 16 persons; maximum of six non-ambulatory or bedridden clients • Assisted living facilities such as residential care facilities, residential care facilities for the elderly (RCFEs), adult residential facilities, group homes, etc. • Social rehabilitation facilities such as halfway houses, community correctional centers, community treatment programs, alcoholism or drug abuse recovery or treatment
E – Facilities used for educational purposes through the 12th grade.

In order to meet this mandate, the Fire Suppression division assigns annual inspections to Fire Prevention Division staff and to Fire Companies. Inspections are logged into the Department’s records management system. In 2022, all R1, R2, R2.1, R4, and E occupancies were inspected, achieving 100% compliance with the State Fire Marshal mandate.

Raymond R. Cruz
City Manager
Attachment(s):

Resolution No. 9836
APPROVED:

ITEM NO.:
1 RESOLUTION NO. 9836

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SANTA FE SPRINGS, CALIFORNIA

ACKNOWLEDGING RECEIPT OF A REPORT MADE BY THE FIRE CHIEF OF THE SANTA FE

SPRINGS DEPARTMENT OF FIRE-RESCUE REGARDING THE INSPECTION OF CERTAIN

OCCUPANCIES REQUIRED TO PERFORM ANNUAL INSPECTIONS IN SUCH OCCUPANCIES PURSUANT TO SECTIONS 13146.2 AND 13146.3 OF THE CALIFORNIA HEALTH AND SAFETY CODE.

WHEREAS, California Health & Safety Code Section 13146.4 was added in 2018, and became effective on September 27, 2018; and,
WHEREAS, California Health & Safety Code Sections 13146.2 and 13146.3 requires all fire departments, including the Santa Fe Springs Department of Fire-Rescue, that provide fire protection services to perform annual inspections in every building used as a public or private school, hotel, motel, lodging house, apartment house, and certain residential care facilities for compliance with building standards, as provided; and
WHEREAS, California Health & Safety Code Section 13146.4 requires all fire departments, including the Santa Fe Springs Department of Fire-Rescue, that provide fire protection services to report annually to its administering authority on its compliance with Sections 13146.2 and 13146.3; and WHEREAS, the City Council of the City of Santa Fe Springs intends this Resolution to fulfill the requirements of the California Health & Safety Code regarding acknowledgment of the Santa Fe Springs Department of Fire-Rescue compliance with California Health and Sections 13146.2 and 13146.3.

NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Santa Fe Springs that said City Council expressly acknowledges the receipt of the report of compliance of the Santa Fe APPROVED:

ITEM NO.:
2 Springs Department of Fire-Rescue with California Health and Safety Code Sections 13146.2 and 13146.3 in the area encompassed by the City of Santa Fe Springs, as follows:

A. EDUCATIONAL GROUP E OCCUPANCIES:

Educational Group E occupancies are generally those public and private schools, used by more than six persons at any one time for educational purposes through the 12th grade. Within the City of Santa Fe Springs, there lie eight (8) Group E occupancies, buildings, structures and/or facilities.

During calendar year 2020, the Santa Fe Springs Department of Fire-Rescue completed the annual inspection of eight (8) Group E occupancies, buildings, structures and/or facilities. This is a compliance rate of 100%for this reporting period.

B. RESIDENTIAL GROUP R OCCUPANCIES:

Residential Group R occupancies, for the purposes of this resolution, are generally those occupancies containing sleeping units, and include hotels, motels, apartments (three units or more), etc. as well as other residential occupancies (including a number of residential care facilities). These residential care facilities have a number of different sub-classifications, and they may contain residents or clients that have a range of needs, including those related to custodial care, mobility impairments, cognitive disabilities, etc. The residents may also be non-ambulatory or bedridden. Within the City of Santa Fe Springs, there lie thirty-nine (39) Group R (and their associated sub-categories) occupancies of this nature.

APPROVED:

ITEM NO.:
3 During calendar year 2022, the Santa Fe Springs Department of Fire-Rescue completed the annual inspection of thirty-nine (39) Group R occupancies, buildings, structures and/or facilities. This is a compliance rate of 100% for this reporting period.

APPROVED and ADOPTED this 6thth day of December, 2022 by the following vote:

AYES :

NOES :

ABSENT :

ABSTAIN :

Annette Rodriguez, Mayor
ATTEST:
________
Janet Martinez, CMC, City Clerk
City Council Meeting December 6, 2022
Report Submitted By: Maricela Balderas/Deborah Raia Date of Report: December 1, 2022 Department of Community Services
City of Santa Fe Springs

CONSENT AGENDA
Approve Grant Agreement between the City of Santa Fe Springs and the California State Library for the Santa Fe Springs (SFS) Grows/Gardening and Sustainability for Developmentally Disabled Adults Project

BACKGROUND
On October 21, 2022, the Santa Fe Springs Library was awarded $10,000 in funds from the California State Library for the SFS Grows/Gardening and Sustainability for Developmentally Disabled Adults project. The funds will be used to provide gardeningrelated programming for developmentally disabled adults as part of a joint program between the three (3) Divisions in the Community Services Department. This grant will also pay to turn a small plot of land behind the Library and between Town Center Hall into a learning space for sustainable gardening and landscaping.

LEGAL REVIEW
The City Attorney has reviewed the Agreement between the City of Santa Fe Springs and California State Library.

FISCAL IMPACT
There is no impact to the General Fund. All costs for equipment, contractual services and staff labor are covered by the grant.

Raymond R. Cruz
City Manager
Attachment:

1. Agreement with California State Library

RECOMMENDATION
• Approve and Authorize the Director of Community Services to Sign the Grant Agreement between the City of Santa Fe Springs and the California State Library for the SFS Grows/Gardening and Sustainability for Developmentally Disabled Adults Project.

ITEM NO. 10F
October 21, 2022
Deborah Raia, Library Services Manager
Santa Fe Springs Library
11700 Telegraph Rd
Santa Fe Springs, CA 90670
Dear Deborah Raia:

We are pleased to approve the grant application for the SFS Grows/Gardening and Sustainability for Developmentally Disabled Adults project for a total of $10,000 in federal Library Services and Technology Act (LSTA) funds.

Hard copies of this correspondence will not follow. Keep the entirety of this correspondence for your files and consider these award materials your original documents. Please refer to the Grant Guide located on the California State Library’s Manage Your Current Grant webpage (https://www.library.ca.gov/grants/manage/) for more information and review the following:

LSTA Funds
Processing of grant payments may take from eight to ten weeks before delivery. If you have not received payment ten weeks after submitting your claim form to the State Library’s Fiscal Department, please contact your Grant Monitor.

Project Support
There are two people assigned to your project. The first is your Grant Monitor. Contact them regarding compliance and reporting. The Grant Monitor assigned to your project is Michelle Killian and can be reached via email at [email protected]. You are also assigned a LPC for ongoing programmatic support. The LPC assigned to your project is Julianna Robbins and can be reached via email at [email protected].

Please stay in touch with your Grant Monitor and LPC throughout the award period. Read the enclosed award packet thoroughly and contact your Grant Monitor if you have any questions.

Best wishes for a successful project.

Respectfully yours,
Greg Lucas
California State Librarian
cc:

Julianna Robbins [email protected]
Michelle Killian [email protected]
Dan Webster [email protected]
Angie Shannon [email protected]
Reed Strege [email protected]
Natalie Cole [email protected]
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Attachment No. 1
Library – Courts Building 916-323-9759
P.O. Box 942837 [email protected]
Sacramento, CA 94237-0001 www.library.ca.gov
THE BASICS – YOUR LSTA GRANT AWARD
The following provides all of the basic information about your grant and managing your grant.

Award #: 40-9389
File #: SS-16
IMLS #: LS-252449-OLS-22
ORGANIZATION: Santa Fe Springs Library
Project Title:

SFS Grows/Gardening and Sustainability for Developmentally Disabled Adults
Award Amount: $10,000
2021/2022 LSTA APPROVED BUDGET
Salaries/Wages/Benefits $
Consultant Fees $
Travel $
Supplies/Materials $8,680
Equipment ($5,000 or more per unit) $
Services $1,000
Project Total $9,680
Indirect Cost $320
Grant Total $10,000
Payment Schedule IN FULL
Start Date: 10/10/2022
End Date: 6/30/2023
This project will be officially closed as of the end date listed above and no new expenditures may be generated, nor may any additional funded project activities occur. Unexpended or unencumbered funds must be returned within 30 days of the end date. However, if funds were encumbered prior to the end date, this project is allowed 45 days to liquidate those encumbrances. Any funds not liquidated are to be returned with the liquidation report within 60 days of the end date.

REPORTING
Financial and program narrative reports are required. All required reporting materials, as well as the Grant Guide, will be located on the California State Library’s Manage Your Current Grant webpage (https://www.library.ca.gov/grants/manage/). The Grant Guide for this project will list specific reporting due dates. Failure to provide timely reports is a serious breach of a grant recipient’s administrative duty under the grant program, which may result in federal audit exceptions against the state and the loss of LSTA funds.

PAYMENTS
Please note this clarification regarding payments. If your full grant amount is more than $20,000, ten percent (10%) of the grant award is withheld until the end of the project period. It is payable only if the grant recipient fulfills all project reporting requirements and expends all funds, or returns all unspent grant funds, by the time specified in the grant program.

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LIBRARY SERVICES AND TECHNOLOGY ACT (LSTA)

AWARD AGREEMENT AND

CERTIFICATION OF COMPLIANCE
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TABLE OF CONTENTS
PROJECT SUMMARY.................................................................................. Error! Bookmark not defined.

PROCEDURES and REQUIREMENTS......................................................... Error! Bookmark not defined.

A. Term of the Agreement ....................................................... Error! Bookmark not defined.

B. Scope of Work....................................................................... Error! Bookmark not defined.

C. Spending Funds.................................................................... Error! Bookmark not defined.

D. Narrative and Financial Reports......................................... Error! Bookmark not defined.

E. Claim Form and Payment.................................................... Error! Bookmark not defined.

EXHIBIT A: TERMS AND CONDITIONS .................................................... Error! Bookmark not defined.

EXHIBIT B: FEDERAL RESTRICTIONS ON THE USE OF LSTA FUNDS ..... Error! Bookmark not defined.

EXHIBIT C: LSTA AWARD REQUIREMENTS.............................................. Error! Bookmark not defined.

A. CIPA Compliance ................................................................ Error! Bookmark not defined.

B. Contracting Guidance......................................................... Error! Bookmark not defined.

C. Language Access Services ................................................ Error! Bookmark not defined.

EXHIBIT D: CERTIFICATION OF COMPLIANCE FORM ......................... Error! Bookmark not defined.

Certification ............................................................................... Error! Bookmark not defined.

Authorized Representative Signature..................................... Error! Bookmark not defined.

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PROJECT SUMMARY

AWARD AGREEMENT BETWEEN THE CALIFORNIA STATE LIBRARY
and Santa Fe Springs Library for the SFS Grows/Gardening and Sustainability for Developmentally Disabled Adults
AWARD AGREEMENT NUMBER 40-9389
This Award Agreement (“Agreement”) is entered into on October 10, 2022 by and between the California State Library (“State Library”) and Santa Fe Springs Library, (“Subrecipient”).

This Award Agreement pertains to Santa Fe Springs Library’s LSTA-funded SFS Grows/Gardening and Sustainability for Developmentally Disabled Adults project.

The Library Development Services Bureau (“LDS”) of the State Library administers state and federal funds in the form of awards.

The Subrecipient was selected by the State Library to receive LSTA award funds in the amount of $10,000 through the process adopted by the State Library in administering such grants.

The State Library and the Subrecipient, for the consideration and under the conditions hereinafter set forth in the Grant Agreement, agree as follows:

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PROCEDURES and REQUIREMENTS
A. Term of the Agreement
The Award term begins on the date of execution of the Agreement by both parties, until August 31, 2023. If completion of the project occurs prior to the end of the award period, this will be the end date of the term of this agreement. Award eligible program expenditures may begin no earlier than the start date of the project period. The project period ends on June 30, 2023 and all eligible program costs must be incurred by this date.

B. Scope of Work

1. Subrecipient agrees to perform all activities specifically identified in the Subrecipient’s application and submitted to the State Library in response to LSTA California Sustainable Libraries opportunity.

2. The following activities and deliverables to be performed by the Subrecipient include, but are not limited to the following:
 Maintain and keep records of expenditures related to the grant that are consistent with the Generally Accepted Accounting Principles (GAAP).  Make financial records available to the State Library upon request.  Work with the State Library staff to assure that funds are disbursed in compliance with the purpose of the grant.
 Prepare and submit required narrative and financial reports.  Procure equipment, and other supplies as needed for the project.  Issue contracts for services, personnel, and consultants.  If applicable, make payments for services, including for hours worked and travel reimbursements, to consultants and contractors.
 Oversee the implementation of project activities.

C. Spending Funds

1. There are federal restrictions for how LSTA funding can and cannot be spent.

Please be sure to review the Restrictions on the Use of LSTA Grant Funds, also detailed in Exhibit B of this agreement, to ensure that LSTA funds are used appropriately. Unallowable costs may not be counted toward a project’s match or in-kind contribution.

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D. Narrative and Financial Reports

1. The Subrecipient shall be responsible for submission of interim and final narrative and financial reports on the progress and activities of the project, to the California State Library, using the sample report documents provided by the California State Library.

2. All the reports must be current, include all required sections and documents, and must be approved by the Grant Monitor before any payment request can be processed. Failure to comply with the specified reporting requirements may be considered a breach of this Agreement and result in the termination of the Agreement or rejection of the payment request and/or forfeiture by the Subrecipient of claims for costs incurred that might otherwise have been eligible for grant funding. Any problems or delays must be reported immediately to the Grant Monitor. The financial reports shall reflect the expenditures made by the Subrecipient under the Agreement, and may be incorporated into the same reporting structure as the narrative reports.

3. The reports shall be submitted by the following dates:

Reporting Period Report Due Date
October - December 1st Quarter Financial Report Due January 15, 2023 January - March 2nd Quarter Financial Report Due and
Mid Project Program Narrative Report
Due
April 15, 2023
April - June Final Financial Report, Expenditure
Detail Report and Final Program
Narrative Report Due
July 31, 2023
60 Days from Project
End Date (if end date
is extended see
extension letter for
new dates)
Liquidation Financial Report Due (Only
required if encumbered funds have
not been spent by project end date)
August 31, 2023

4. Failure to submit timely reports with the appropriate documentation by the due date may result in rejection of the payment request and/or forfeiture by the Subrecipient of claims for costs incurred that might otherwise have been eligible for grant funding.

5. The Subrecipient agrees to maintain records and supporting documentation pertaining to the performance of this grant subject to possible audit for a DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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minimum of five (5) years after final payment date or grant term end date, whichever is later. Please refer to Exhibit A, Terms and Conditions for more information.

E. Claim Form and Payment

1. The California State Library shall provide the Subrecipient payment as outlined in the payment schedule, and only for those activities and costs specified in the approved award application.

2. The Subrecipient shall complete, sign, and submit the Certification of Compliance form (Exhibit D) and the Financial Claim form (included in your award packet) to the California State Library within 14 days of receiving the award packet. These forms will be issued, signed and submitted using the online signature and agreement platform, DocuSign.

3. Any of the sums listed as approved and/or amended appearing under the categories in the approved budget may be adjusted with prior authorization from the California State Library Grant Monitor. This would be to increase the allotment with the understanding that there will be corresponding decreases in the other allotments so that the total amount paid by the California State Library to the Subrecipient under this Agreement shall not exceed the awarded amount, which shall be expended/encumbered during the grant period.

4. If the payment amount made by the California State Library exceeds the actual expenses incurred during the term of this Agreement, as reflected in the financial reports to be filed by the Subrecipient, the Subrecipient shall immediately refund the excess payment amount to the California State Library.

5. The Award payments will only be made to the Subrecipient. It is the Subrecipient’s responsibility to pay all contractors and subcontractors for purchased goods and services.

6. For awards over $20,000, the Final Payment of 10% will be withheld and retained by the California State Library until all conditions agreed upon in this Agreement, including submission and Grant Monitor approval of the final narrative and financial reports, have been satisfied.

7. Prompt Payment Clause
The California State Library will make payments to the Subrecipient in accordance with the Prompt Payment Clause under Government Code, section 927, et. seq. The Subrecipient may typically expect payment to be issued within 45 days from the date a grant payment request is properly submitted and approved by the Fiscal Analyst.

8. Budget Contingency Clause
a. It is mutually agreed that if the Budget Act of the current fiscal year or any subsequent years covered under this Agreement does not appropriate sufficient funds for the program, this Agreement shall no DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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longer be in full force and effect. In this event, the California State Library shall have no liability to pay any funds whatsoever to the Subrecipient or to furnish any other considerations under this Agreement and the Subrecipient shall not be obligated to perform any provisions of this Agreement.
b. If funding for any fiscal year is reduced or deleted by the Budget Act for purposes of this Program, the California State Library shall have the option to either cancel this Agreement with no liability occurring to itself or offer an Agreement amendment to the Subrecipient to reflect the reduced amount.
c. This grant award may have been written before ascertaining the availability of congressional appropriation of funds, for the mutual benefit of both parties in order to avoid program and fiscal delays which would occur if the grant award were executed after that determination was made.
d. This grant award is valid and enforceable only if sufficient funds are made available to the State by the United States government for the Fiscal Year 2022-2023 for the purposes of this program. In addition, this grant award is subject to any additional restrictions, limitations, or conditions enacted by the Congress or any statute enacted by the Congress which may affect the provisions, terms or funding of this grant award in any manner.
e. It is mutually agreed that if the Congress does not appropriate sufficient funds for the program, this grant award shall be amended to reflect any reduction in funds.
f. The California State Library has the option to amend the grant award to reflect any reduction of funds.
g. Upon the grant award approval by the State Librarian, one (1) completed set of this Award Agreement will be sent to the Subrecipient.

Such copy shall be the officially approved agreement for the conduct of the approved project.

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EXHIBIT A: TERMS AND CONDITIONS

1. Accessibility: The organization receiving this LSTA award, as listed in the certification section below, and all program staff, will ensure all LSTA-funded project materials will meet California accessibility standards.

The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities.

Subrecipient shall assist the State in meeting its responsibility. Therefore, all project materials generated by state funded programs must meet the California Accessibility Standards. Additionally, all project materials designed, developed, and maintained shall be in compliance with the California Government Code, sections 7405 and 11135, and the Web Content Accessibility Guidelines 2.0, or a subsequent version, as published by the Web Accessibility Initiative of the World Wide Web Consortium at a minimum Level AA success criteria.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library.

When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

Common, applicable award materials include, but are not limited to:
 Project toolkits
 Digital resources
 Publications
 Survey templates
 Project marketing materials

2. Acknowledgment: The Institute of Museum and Library Services and the California State Library shall be acknowledged in all promotional materials and publications related to the LSTA-funded project.

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a. LSTA award recipients must ensure that the Library Services and Technology Act receive full credit as the funding program and that the Institute of Museum and Library Services (IMLS) likewise, is acknowledged as the federal source of funds.
b. Publications and information releases about the project must credit the Library Services and Technology Act (LSTA). An appropriate statement for a publication or project press release is:
"This [publication/project] was supported in whole or in part by the U.S. Institute of Museum and Library Services under the provisions of the Library Services and Technology Act, administered in California by the State Librarian."
As appropriate, this disclaimer should be added:
"The opinions expressed herein do not necessarily reflect the position or policy of the U.S. Institute of Museum and Library Services or the California State Library, and no official endorsement by the U.S. Institute of Museum and Library Services or the California State Library should be inferred."
c. This credit line on products of a project, such as materials and publicity, is important to foster support from the public and by state and federal funding sources.
d. For more examples from Institute of Museum and Library Services (IMLS) provided for recipients of national level grants, please see IMLS Acknowledgement Requirements.
e. IMLS Logo: Use of the IMLS logo, which can be downloaded on the IMLS Logos page, is required on any publications. Please refer to the IMLS Brand Standards page for further details and usage requirements. If the award project results in copyrightable material, the sub Subrecipient or any subcontractor of the sub Subrecipient is free to copyright the work.

However, IMLS and the State Library reserve a royalty-free, exclusive and irrevocable license to reproduce, publish, or otherwise use and authorize others to use the work for government purposes.
f. Photo Documentation: Digital photos are a great way to document the happenings of your project. It is recommended that you use a photo release form when taking photos of the public. You may use your library’s photo release form, or use the IMLS Media Content Authorization and Release form.

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3. Agency: In the performance of this Agreement the Subrecipient and its agents and employees shall act in an independent capacity and not as officers, employees or agents of the California State Library. The Subrecipient is solely responsible for all activities supported by the grant. Nothing in this Agreement creates a partnership, agency, joint venture, employment, or any other type of relationship between the parties. The Subrecipient shall not represent itself as an agent of the California State Library for any purpose, and has no authority to bind the State Library in any manner whatsoever.

4. Amendment: No amendment or variation of the terms of this Agreement shall be valid unless made in writing, signed by the parties, and approved as required.

No oral understanding or agreement not incorporated into this Agreement is binding on any of the parties. This Agreement may be amended, modified or augmented by mutual consent of the parties, subject to the requirements and restrictions of this paragraph.

5. Applicable law: The laws of the State of California shall govern all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties hereunder. The parties hereby waive any right to any other venue. The place where the Agreement is entered into and place where the obligation is incurred is Sacramento County, California.

6. Assignment, Successors, and Assigns: The Subrecipient may not assign this Agreement or delegate its performance to any third-party person or entity, either in whole or in part, without the California State Library’s prior written consent. The provisions of this Agreement shall be binding upon and inure to the benefit of the California State Library, the Subrecipient, and their respective successors and assigns.

7. Audit and Records Access: The Subrecipient agrees that the California State Library, the Department of General Services, the State Auditor, or their designated representatives shall have the right to review, audit, inspect and copy any records and supporting documentation pertaining to the performance of this Agreement. The Subrecipient agrees to maintain such records for possible audit for a minimum of five (5) years after the final payment, or grant term end date, whichever is later, unless a longer period of records retention is stipulated, or until completion of any action and resolution of all issues which may arise as a result of any litigation, dispute, or audit, whichever is later. The Subrecipient agrees to allow the auditor(s) access to such records during normal business hours and to allow interviews of any employees who might reasonably have information related to such records. Further, the Subrecipient agrees to include a DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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similar right of the State to audit records and interview staff in any subcontract related to performance of this Agreement.

Examples of audit documentation may include, but not limited to, competitive bids, grant amendments, if any, relating to the budget or work plan, copies of any agreements with contractors or subcontractors if utilized, expenditure ledger, payroll register entries, time sheets, personnel expenditure summary form, travel expense log, paid warrants, contracts and change orders, samples of items and materials developed with grant funds, invoices and/or cancelled checks.

8. Authorized Representative: Subrecipient and the California State Library mutually represent that their authorized representatives have the requisite legal authority to sign on their organization’s behalf.

9. Communication: All communications from either party, including an interim check-in at any time during the grant term, shall be directed to the respective Grant Monitor or representative of the California State Library or Subrecipient. For this purpose, the following contact information is provided below:

Santa Fe Springs Library California State Library
Deborah Raia Michelle Killian
11700 Telegraph Rd 900 N Street
Santa Fe Springs, CA, 90670 Sacramento, CA 95814
562-868-7738 916-603-6706
[email protected] [email protected]

10. Confidentiality: Subrecipient will maintain as confidential any material it receives or produces that is marked Confidential or is inherently confidential, or is protected by privilege. Subrecipient agrees to alert the State Library to this status in advance, and State Library agrees to maintain this status in conformity with the Public Records Act.

11. Contractor and Subcontractors: Nothing contained in this Grant Agreement or otherwise shall create any contractual relation between the State and any contractor or subcontractors, and no contract or subcontract shall relieve the Subrecipient of their responsibilities and obligations hereunder. The Subrecipient agrees to be as fully responsible to the State for the acts and omissions of its contractors, subcontractors, volunteers, student interns and of persons either directly or indirectly employed by any of them as it is for the acts and omissions of persons directly employed by the Subrecipient. The Subrecipient’s obligation to pay its contractors and subcontractors is an independent obligation from the DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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State’s obligation to make payments to the Subrecipient. As a result, the State shall have no obligation to pay or to enforce the payment of any monies to any contractor or subcontractor.

12. Copyright: Subrecipient owns and retains titles to any copyrights or copyrightable material from any original works that it creates within the scope of this Agreement in accordance with the federal Copyright Act. (17 U.S.C. 101, et seq.) Subrecipient is responsible for obtaining any necessary licenses, permissions, releases or authorizations to use text, images, or other materials owned, copyrighted, or trademarked by third parties and for extending such licenses, permissions, releases, or authorizations to the California State Library pursuant to this section. Also, the California State Library may upload, post or transmit copyrighted material produced or purchased with grant funds on a California State Library website for public access and viewing.

13. Discharge of Grant Obligations: The Subrecipient's obligations under this Agreement shall be deemed discharged only upon acceptance of the final report by California State Library. If the Subrecipient is a non-profit entity, the Subrecipient’s Board of Directors shall accept and certify as accurate the final report prior to its submission to California State Library.

14. Dispute Resolution: In the event of a dispute, Subrecipient will discuss the problem informally with the Grant Monitor. If unresolved, the Subrecipient shall file a written “Notice of Dispute” with the State Library Grant Monitor within ten (10) days of discovery of the problem. Within ten (10) days of receipt, the Grant Monitor shall meet with the Subrecipient for purposes of resolving the dispute.

Any dispute arising under the terms of this Agreement which is not disposed of within a reasonable period of time, the Subrecipient may bring it to the attention of the State Librarian or the designated representative. The decision of the State Librarian or designated representative shall be final. Unless otherwise instructed by the Grant Monitor, the Subrecipient shall continue with its responsibilities under this Agreement during any dispute.

15. Drug-free Workplace: The Subrecipient certifies under penalty of perjury under the laws of California, that the Subrecipient will comply with the requirements of the Drug-Free Workplace Act of 1990 (Gov. Code, § 8350 et. seq.) and will provide a drug-free workplace by taking the following actions:
a. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.

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b. Establish a Drug-Free Awareness Program to inform employees about all of the following:
1) The dangers of drug abuse in the workplace.
2) The Subrecipient’s policy of maintaining a drug-free workplace; 3) Any available counseling, rehabilitation and employee assistance programs.
4) Penalties that may be imposed upon employees for drug abuse violations. c. Require that every employee who works on the Agreement will:
1) Receive a copy of the Subrecipient’s drug-free workplace policy statement.
2) Agrees to abide by the terms of the Subrecipient’s statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Subrecipient may be ineligible for award of any future state agreements if the California State Library determines that the Subrecipient has made a false certification, or violated the certification by failing to carry out the requirements as noted above.

16. Effectiveness of Agreement: This Agreement is of no force or effect until signed by both parties.

17. Entire Agreement: This Agreement supersedes all prior agreements, oral or written, made with respect to the subject hereof and, together with all attachments hereto, contains the entire agreement of the parties.

18. Exclusive Agreement: This is the entire Agreement between the California State Library and Subrecipient.

19. Extension: The State Librarian or designee may extend the final deadline for good cause. The Subrecipient’s request for an extension of the grant period must be made in writing and received by the California State Library at least 30 days prior to the final deadline. Extensions of up to 30 days following the original project period end date may be granted. Extended project end dates may not exceed the end of the Federal fiscal year (September 30).

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20. Failure to Perform: If the Grant Monitor determines the Subrecipient has not complied with this Agreement, or is not implementing the project as approved by the State Library, the Subrecipient may forfeit the right to reimbursement of any grant funds not already by the California State Library, including, but not limited to, the ten percent (10%) withhold.

21. Federal and State Taxes: The State Library shall not:
a. Withhold Federal Insurance Contributions Act (FICA) payments from Subrecipient’s payments or make FICA payments on the Subrecipient’s behalf; or
b. Make Federal or State unemployment insurance contributions on Subrecipient’s behalf; or
c. Withhold Federal or State income taxes from Subrecipient’s payments Subrecipient shall pay all taxes required on payments made under this Agreement including applicable income taxes and FICA.

22. Force Majeure: Neither the California State Library nor the Subrecipient, its contractors, vendors, or subcontractors, if any, shall be responsible hereunder for any delay, default, or nonperformance of this Agreement, to the extent that such delay, default, or nonperformance is caused by an act of God, weather, accident, labor strike, fire, explosion, riot, war, rebellion, sabotage, flood, or other contingencies unforeseen by the California State Library or the Subrecipient, its contractors, vendors, or subcontractors, and beyond the reasonable control of such party.

23. Forfeit of Grant Funds and Repayment of Funds Improperly Expended: If grant funds are not expended, or have not been expended, in accordance with this Agreement, the State Librarian or designee, at their sole discretion, may take appropriate action under this Agreement, at law or in equity, including requiring the Subrecipient to forfeit the unexpended portion of the grant funds, including, but not limited to, the ten percent (10%) withhold, and/or to repay to the California State Library any funds improperly expended.

24. Fringe Benefit Ineligibility: Subrecipient agrees that neither the Subrecipient nor its employees and contract personnel are eligible to participate in any employee pension, health benefit, vacation pay, sick pay or other fringe benefit plan of the State of California or the State Library.

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25. Generally Accepted Accounting Principles: The Subrecipient is required to use Generally Accepted Accounting Principles in documenting all grant expenditures.

26. Grant Monitor: The Grant Monitor may monitor Subrecipient performance to ensure Subrecipient expends grant funds appropriately and in a manner consistent with the terms and conditions contained herein. The Grant Monitor does not have the authority to approve any deviation from or revision to the Terms and Conditions (Exhibit A) or the Procedures and Requirements, unless such authority is expressly stated in the Procedures and Requirements.

27. Independent Action: Subrecipient reserves the right to fulfill its obligations under this Agreement in an independent manner, at any location and at any time within the agreed-upon timeline. Subrecipient’s employees or contract personnel shall perform all services required by this Agreement, but their time need not be devoted solely to fulfilling obligations under this Agreement. Subrecipient shall furnish all equipment and materials used to meet its obligations, and complete the Project. The State Library shall not provide any personnel or other resources beyond the grant award, and is not required to provide training in connection with this Agreement.

28. Indemnification: Subrecipient agrees to indemnify, defend and save harmless the State of California, the California State Library and its officers, employees, and agents, from any and all claims, losses, and liabilities accruing or resulting to any and all contractors, subcontractors, suppliers, laborers and any other person, firm or corporation furnishing or supplying work services, materials, or supplies in connection with the performance of this Agreement, and from any and all claims and losses accruing or resulting to any person, firm or corporation who may be injured or damaged by Subrecipient in the performance of this Agreement.

29. License to Use: The California State Library and the Institute of Museum and Library Services reserve a fully paid-up, royalty-free, nonexclusive, sub-licensable and irrevocable license to reproduce, publish, prepare derivative works, distribute or otherwise use, and to authorize third parties to use, any material received or maintained by Subrecipient in connection with this Agreement. This includes intellectual property, with or without third-party rights. All such usages will be for public library and State governmental purposes:
a. The copyright in any work developed under this grant or contract under this award; and
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b. Any rights of copyright to which a Subrecipient or a contractor purchases ownership with award support.

30. Limitation of Expenditure: Expenditure for all projects must conform to the approved budget, as amended, and with applicable Federal and State laws and regulations. The total amount paid by the California State Library to the subrecipient under this agreement shall not exceed $10,000 and shall be expended/encumbered in the designated award period.

During the award period, the subrecipient may find that the awarded budget may need to be modified. Budget changes, requests for additional funds, or requests for reductions in award funding must be discussed with the assigned State Library Grant Monitor and a Grant Award Modification may be required to be submitted according to the instructions. Approval is by the State Librarian.

Adjustments should be reported on the next financial report. Any adjustments in approved budgets must be documented and documentation retained in project accounts.

31. Lobbying: Subrecipient confirms that the grant funds will not be used for the purposes of lobbying or otherwise attempting to influence legislation, as those purposes are defined by the U.S. Internal Revenue Code of 1986.

32. Non-Discrimination Clause: During this grant period, the Subrecipient and the Subrecipient’s contractors, and subcontractors shall not unlawfully discriminate, harass, or allow harassment against any employee or applicant for employment because of race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, age, sexual orientation, or military and veteran status. Subrecipient shall insure that the evaluation and treatment of contractors, employees and applicants for employment are free from such discrimination and harassment.

Additionally, Subrecipient, contractors, and subcontractors, if applicable, shall comply with the provisions of the Fair Employment and Housing Act (Gov. Code §12900 et seq.), the regulations promulgated thereunder (Cal. Code Regs., tit. 2, §11000 et seq.), the provisions of Article 9.5, Chapter 1, Part 1, Division 3, Title 2 of the Government Code (Gov. Code §§ 11135-11139.5), and the regulations or standards adopted by the California State Library to implement such article.

Subrecipient shall permit access by representatives of the Department of Civil Rights and the California State Library upon reasonable notice at any time during the normal business hours, but in no case less than 24 hours’ notice, to such of its DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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books, records, accounts, and all other sources of information and its facilities as said Department or the California State Library shall require to ascertain compliance with this clause. Subrecipient, and its contractors, and subcontractors shall give written notice of their obligations under this clause to labor organizations with which they have a collective bargaining or other agreement. (See Cal. Code Regs., tit. 2, §11105.) Subrecipient shall include the non-discrimination and compliance provisions of this clause in all contracts and subcontracts to perform work under the Agreement.

33. Notices: All notices and other communications in connection with this Agreement shall be in writing, and shall be considered delivered as follows:
a. Electronic Mail (E-mail): When sent by e-mail to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
b. DocuSign (e-signature platform): When sent via DocuSign a notification will be sent to the last e-mail address of the recipient known to the party giving notice. Notice is effective upon transmission.
c. Grants Management System: When sent via / uploaded to the California State Library’s Grants Management System a notification will be sent to the last e-mail address of the recipient known to the party giving notice.

Notice is effective upon transmission.
d. Personally: When delivered personally to the recipient’s physical address as stated in this Agreement.
e. U.S. Mail: Five days after being deposited in the U.S. Mail, postage prepaid, and addressed to recipient’s address as stated in this Agreement.

34. Order of Precedence: The performance of this Agreement shall be conducted in accordance with the Terms and Conditions, Procedures and Requirements, Federal Restrictions on the Use of LSTA Funds, LSTA Award Requirements, Certificate of Compliance, and Project Summary of this Agreement, or other combination of exhibits specified on the Grant Agreement Coversheet attached hereto (collectively referred to as “Terms”). Subrecipient’s California State Libraryapproved Application (Subrecipient’s Application) is hereby incorporated herein by this reference. In the event of conflict or inconsistency between the articles, exhibits, attachments, specifications or provisions that constitute this Agreement, the following order of precedence shall apply:

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(a) Grant Agreement Coversheet and any Amendments thereto (b) Terms and Conditions
(c) Procedures and Requirements
(d) Federal Restrictions on the Use of LSTA Funds
(e) LSTA Award Requirements
(f) Certificate of Compliance
(g) Project Summary
(h) Subrecipient’s Application
(i) All other attachments hereto, including any that are incorporated by reference.

35. Payment:
a. The approved Budget, if applicable as detailed in the Award Letter, states the maximum amount of allowable costs for each of the tasks identified in the Activity Timeline included in the project application. California State Library shall provide funding to the Subrecipient for only the work and tasks specified in the Subrecipient’s Application at only those costs specified in the Budget and incurred in the term of the Agreement. b. The Subrecipient shall carry out the work described in the Subrecipient’s Application in accordance with the approved Budget, and shall obtain the Grant Monitor’s written approval of any changes or modifications to the approved project as described in the Subrecipient’s Application or the approved Budget prior to performing the changed work or incurring the changed cost. If the Subrecipient fails to obtain such prior written approval, the State Librarian or designee, at their sole discretion, may refuse to provide funds to pay for such work or costs.
c. The Subrecipient shall request funds in accordance with the funding schedule included in this agreement.
d. For awards with total funding exceeding $20,000, ten percent (10%) will be withheld from each Payment Request and paid at the end of the grant term, when all reports and conditions stipulated in this Agreement have been satisfactorily completed. Failure by the Subrecipient to satisfactorily complete all reports and conditions stipulated in this Agreement may result in forfeiture of any such funds withheld.
e. Lodgings, Meals and Incidentals: Subrecipient’s eligible costs are limited to the amounts authorized in the U.S. General Services Administration (contact the Grant Monitor for more information).
f. Payment will be made only to the Subrecipient.

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g. Allowable expenses shall not be incurred unless and until the Subrecipient receives official award notification as described in the Procedures and Requirements.

36. Personal Jurisdiction: The Subrecipient consents to personal jurisdiction in the State of California for all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties. Native American Tribal Subrecipient s expressly waive tribal sovereign immunity as a defense to any and all proceedings concerning the validity and operation of this Agreement and the performance of the obligations imposed upon the parties.

37. Personnel Costs: If there are eligible costs pursuant to Exhibit D, Eligible and Ineligible Costs, any personnel expenditures to be reimbursed with grant funds must be computed based on actual time spent on grant-related activities and on the actual salary or equivalent hourly wage the employee is paid for their regular job duties, including a proportionate share of any benefits to which the employee is entitled, unless otherwise specified in Exhibit D.

38. Pledge: This Agreement shall not be interpreted to create any pledge or any commitment by the State Library to make any other or further grants or contributions to Subrecipient, or any other person or entity in connection with the Project. It is mutually agreed that Subrecipient is responsible for furnishing funds beyond the award that may be necessary to complete outcomes or deliverables.

39. Privacy Protection: Both parties agree to protect the confidentiality of any nonpublic, personal information that may be contained in materials received or produced in connection with this Agreement, as required by Civil Code, section 1798, et. seq.

40. Prohibited Use: The expenditure under this program shall not be used to supplant Subrecipient efforts in other grant programs provided by the California State Library and shall not be used to supplant subrecipient effort.

41. Provisions: This agreement is entered into under provisions of the Library Services and Technology Act, Public Law 104-208 on September 30, 1996; and Congressional Record – House, H11644-H11728 on September 28, 1996, H12266- H12267 on October 3, 1996; and 2 CFR 200, Uniform Administrative Requirements, DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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Cost Principles, and Audit Requirements for Federal Awards, December 26, 2013.

Congress enacted the Museum and Library Services Act of 2010 (Pub. L. 111-340, codified at 20 U.S.C. § 9101 et seq.), which also incorporates Library Services and Technology Act (LSTA).
a. Performance of the provisions of this agreement is subject to the conditions and availability of funds as awarded by the State Librarian under said Act.

42. Public Records Act: Material maintained or used by the California State Library is considered “public record” under the Public Records Act (PRA) at Government Code, sections 6250, et. seq. This includes the Interim and Final reports, and any other written communications between the parties. Subrecipient agrees to ensure that all content contained in its written reports are appropriate for publication. Said material, along with all other reports, documentation and data collected during the term of the Agreement, will be subject to disclosure unless it qualifies for exemption under the PRA in whole or in part. Subrecipient agrees to alert the State Library as to a basis for exemption, if any exists.

43. Publicity Obligations: Subrecipient will notify the State Library of any promotional materials or publications resulting from the award no later than five (5) days in advance of distribution, whether they are print, film, electronic, or in any other format or medium. Copies of all promotional materials will be provided to the State Library. Subrecipient will acknowledge the LSTA support as noted above.

Subrecipient agrees that the State Library may include information about this grant and its outcomes in its own annual reports, with specific reference to Subrecipient, and may distribute such information to third parties.

44. Records: Communications, grant related documents, data, original receipts and invoices must be maintained by Subrecipient and shall be made available to the State Library upon request. Subrecipient agrees to maintain adequate grant program records and adequate financial records consistent with generally accepted accounting practices, and to retain all records for at least five (5) years after the end-of-term. The State Library may monitor or conduct an onsite evaluation of Subrecipient’s operation to ensure compliance with this Agreement, with reasonable advance notice.

45. Reduction of Waste: In the performance of this Agreement, Subrecipient shall take all reasonable steps to ensure that materials purchased or utilized in the course of the project are not wasted. Steps should include, but not be limited to:
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materials used; alternatives to disposal of materials consumed; and the practice of other waste reduction measures where feasible and appropriate.

46. Reimbursement Limitations: Under no circumstances shall the Subrecipient seek reimbursement pursuant to this Agreement for a cost or activity that has been or will be paid for through another funding source. The Subrecipient shall not seek reimbursement for any costs used to meet cost sharing or matching requirements of any other California State Library funded program.

47. Reports and Claims: It is the responsibility of the recipient of these instructions to see that the proper individual to supply the required reports and claims receives the instructions and makes the required reports and claims to the California State Library.
a. The subrecipient shall be responsible for submitting to the State Library Narrative Reports detailing progress and activities. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
b. The subrecipient shall be responsible for submitting to the State Library Financial Reports reflecting project expenditure activity. The reports are due on the dates specified in the reporting schedule detailed in the Procedures and Requirements section.
c. To obtain payment hereunder the subrecipient shall submit authorized claims provided by the State Library for that purpose, on each of the following mentioned dates for payment, and the California State Library agrees to reimburse the Library as soon thereafter as State fiscal procedures will permit.
d. In-full payments are typically made for awards totaling $20,000 or less. e. Funding for awards totaling more than $20,000 are issued in three payments following a 45%/45%/10% payment schedule, unless an exception has been made.
f. The final 10% of the grant award (if applicable) is payable only if the subrecipient fulfills all project reporting requirements and returns all unspent funds by the time specified in the Grant Guide. Failure to provide timely reports is a serious breach of an award recipient’s administrative duty under the award, which may result in federal audit exceptions against the State and the loss of LSTA funds.
g. Payment will be provided to cover the expenditures incurred by the subrecipient for the project in the following manner:

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o $10,000 upon execution of the agreement and submission of claim by fiscal agent
o If applicable, second payment will be made upon approval of first quarter financial report and receipt of claim form in the amount of N/A
o If applicable, final payment will be made upon approval of all final reports and receipt of claim form in the amount of N/A

48. Self-Dealing and Arm’s Length Transactions: All expenditures for which reimbursement pursuant to this Agreement is sought shall be the result of arm’slength transactions and not the result of, or motivated by, self-dealing on the part of the Subrecipient or any employee or agent of the Subrecipient. For purposes of this provision, “arm’s-length transactions” are those in which both parties are on equal footing and fair market forces are at play, such as when multiple vendors are invited to compete for an entity’s business and the entity chooses the lowest of the resulting bids. “Self-dealing” is involved where an individual or entity is obligated to act as a trustee or fiduciary, as when handling public funds, and chooses to act in a manner that will benefit the individual or entity, directly or indirectly, to the detriment of, and in conflict with, the public purpose for which all award monies are to be expended.

49. Severability: If any part of this Agreement is found to be unlawful or unenforceable, such provisions will be voided and severed from this Agreement, but the remainder of the provisions in the Agreement will remain in full force and effect.

50. Site Visits: The Subrecipient shall allow the California State Library to access and conduct site visits, with reasonable notice, at which grant funds are expended and related work being performed at any time during the performance of the work and for up to ninety (90) days after completion of the work, or until all issues related to the grant project have been resolved. A site visit may include, but not be limited to, monitoring the use of grant funds, provide technical assistance when needed, and to visit the State funded project.

51. Subrecipient: The Subrecipient is the government or other legal entity to which a subaward is awarded and which is accountable to the grantee for the use of the funds provided.
a. The subrecipient will make reports to the State Librarian in such form and containing such information as may be required to enable the California State Library to perform its duties. The subrecipient will keep such records DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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and afford such access as the California State Librarian or Library may find necessary to assure the correctness and verification of such reports. b. The control of funds and title to property derived there from shall be in a subrecipient agency for the uses and purposes provided; a subrecipient agency will administer such property and funds and shall apply funds only for the purposes for which they were granted.

52. Subrecipient Accountability: The Subrecipient is ultimately responsible and accountable for the manner in which the grant funds are utilized and accounted for and the way the grant is administered, even if the Subrecipient has contracted with another organization, public or private, to administer or operate its grant program. In the event an audit should determine that grant funds are owed to the California State Library, the Subrecipient is responsible for repayment of the funds to the California State Library.

53. Subrecipient Funds: It is mutually agreed that the Subrecipient is responsible for furnishing funds beyond the grant award that may be necessary to complete the project.

54. Termination: The Agreement shall be subject to termination by the State Librarian or designee upon notice to the Subrecipient at least thirty (30) days prior to the effective date of termination. In the event this agreement is terminated, the Subrecipient shall deliver to the State Librarian copies of all reports, accounting, data, and materials prepared up to the date of termination.

The State Librarian shall determine, and pay the Subrecipient for necessary and appropriate expenditures and obligations up to the date of termination which have not been covered by prior installments previously paid to the Subrecipient.

Upon such termination, the unused portion of the grant award must be returned to the California State Library within 45 days. If funding has been advanced to the Subrecipient, any unobligated balances, as determined by the State Librarian, shall be returned to the State Library within 45 days of the notice of termination.

The State Librarian is empowered to review, audit, and inspect the project for compliance with this agreement.

55. Timeline: Time is of the essence to this Agreement. It is mutually agreed between the parties that the grant application and the timeline included therein are part of the Agreement.

56. Unused Funds: At the end-of-term Subrecipient agrees to return any unexpended or unaccounted for funds to the State Library, or to submit a written DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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request for an extension of the award period. Funds will be considered unexpended or unaccounted if they were: (1) not used for their intended purpose, or (2) used inconsistently with the terms of this Agreement.

Funds will also be considered unaccounted for, and must be returned, if the proposal outcomes or deliverables are materially incomplete by the end-of-term or earlier termination, as determined by the State Library in its sole discretion.

57. Waiver of Rights: California State Library shall not be deemed to have waived any rights under this Agreement unless such waiver is given in writing and signed by California State Library. No delay or omission on the part of California State Library in exercising any rights shall operate as a waiver of such right or any other right. A waiver by California State Library of a provision of this Agreement shall not prejudice or constitute a waiver of California State Library’s right otherwise to demand strict compliance with that provision or any other provision of this Agreement. No prior waiver by California State Library, nor any course of dealing between California State Library and Subrecipient, shall constitute a waiver of any of California State Library’s rights or of any of Subrecipient’s obligations as to any future transactions. Whenever the consent of California State Library is required under this Agreement, the granting of such consent by California State Library in any instance shall not constitute continuing consent to subsequent instances where such consent is required and in all cases such consent may be granted or withheld in the sole discretion of California State Library.

58. Work Products: Subrecipient shall provide California State Library with copies of all final products identified in the Work Plan and Application. Subrecipient shall also provide the State Library with copies of all public education and advertising material produced pursuant to this Agreement.

59. Workers’ Compensation: The State of California will not provide Workers’ Compensation insurance for Subrecipient or Subrecipient’s employees or contract personnel. If Subrecipient hires employees to perform services required by this Agreement, Subrecipient shall provide Workers’ Compensation insurance for them. The Subrecipient is aware of Labor Code Section 3700, which requires every employer to be insured against liability for Workers’ Compensation or to undertake self-insurance in accordance with the Labor Code, and the Subrecipient agrees to comply with such provisions before commencing the performance of the work of this Agreement.

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EXHIBIT B: FEDERAL RESTRICTIONS ON THE USE OF LSTA FUNDS To clarify some of the more commonly-occurring questions regarding how Library Services and Technology Act (LSTA) funds can or cannot be used, please see the list of explanations below. These explanations have been extracted from the Code of Federal Regulations and list important highlights of allowable and unallowable costs.

Administrators and project coordinators of LSTA grant projects are cautioned that they must abide by all regulations in conducting their projects and in allotting charges against grant funds. In cases of ambiguity, uncertainty, or questions in identifying allowable cost items under Federal procedures, contact the LSTA Grant Email at [email protected] . A complete list with descriptions can be found on the Electronic Code of Federal Regulations webpage.

1. ADVERTISING AND PUBLIC RELATIONS Advertising costs are allowable only when incurred for the recruitment of personnel, the procurement of goods and services, the disposal of scrap or surplus materials, and other specific purposes necessary to meet the requirements of the Federal award. Public relations costs are allowable when incurred to communicate with the public and press pertaining to specific activities or accomplishments that result from performance of the Federal award. Costs of advertising and public relations at conventions, meetings or other events, including displays, demonstrations, exhibits, meeting rooms, hospitality suites, and special facilities used in conjunction with shows and special events; and salaries of employees engaged in setting up and displaying exhibits, making demonstrations, and providing briefings are unallowable.

Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Advertising and Public Relations

2. ADVISORY COUNCILS Costs incurred by advisory councils or committees are unallowable unless authorized by statute, the Federal awarding agency or as an indirect cost where allocable to Federal awards. See § 200.444 General costs of government, applicable to states, local governments and Indian tribes. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations:

Advisory Councils

3. ALCOHOLIC BEVERAGES Costs of alcoholic beverages are unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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Requirements for Federal Awards. See Electronic Code of Federal Regulations:

Alcoholic Beverages

4. BUILDING, CONSTRUCTION, RENOVATION COSTS Building, construction, or renovation costs are unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Equipment and Other Capital Expenditures, Rearrangement and Reconversion Costs, and Maintenance and Repair Costs

5. CONFERENCES Costs of meetings and conferences, including meals, transportation, rental of meeting facilities, and other incidental costs, where the primary purpose is the dissemination of technical information, are allowable.

Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Conferences

6. CONTRIBUTIONS, DONATIONS, HONORARIUMS, STIPENDS Contributions and donations, including cash, property, and services, that use grant funds and are made by grant recipients to others, regardless of the recipient, are unallowable.

Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Contributions and Donations
(NOTE: Honorariums and stipends are also unallowable. Wages, salaries, reimbursements, payment for work done, and fees charged by speakers are allowable)

7. ENTERTAINMENT Costs of entertainment, including amusement, diversion, and social activities, and any costs directly associated with those, such as tickets to shows or sports events, meals, lodging, rentals, transportation, and gratuities are unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Entertainment

8. FUND-RAISING Costs of organized fund-raising, including financial campaigns, solicitation of gifts and bequests, and similar expenses incurred to raise capital or to obtain contributions, are unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Fundraising

9. GENERAL GOVERNMENT EXPENSES The general costs of government, including services normally provided to the general public, such as fire and police, are unallowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: General Government Expenses
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10. INCOME FROM PROJECT Project income, e.g., fees charged for the use of library space in the context of a grant project, or to recover out of pocket projectrelated costs, or to create products such as manuals, or for other expenditures directly related to and used for the purposes of the grant and accrued under the conditions of the grant award, are allowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Program Income

11. LOBBYING The cost of certain influencing activities associated with obtaining grants, contracts, cooperative agreements or loans, is unallowable. Costs of membership in organizations substantially engaged in lobbying are unallowable.

Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Lobbying

12. MEMBERSHIPS, SUBSCRIPTIONS, AND PROFESSIONAL ACTIVITIES Costs of the grant recipient’s memberships in business, technical, and professional organizations are allowable. (NOTE: The State Library’s policy is that use of LSTA funds for personal memberships in organizations is not permitted.) Subscriptions to business, professional, and technical periodicals are allowable. Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations:

Memberships, Subscriptions, and Professional Activities

13. PREMIUMS, PRIZES, INCENTIVES, AND SOUVENIRS Costs of promotional items and memorabilia, including models, gifts, and souvenirs, are unallowable. See ADVERTISING AND PUBLIC RELATIONS (e)(3).

14. REFRESHMENTS See ENTERTAINMENT (unallowable), and MEMBERSHIPS, SUBSCRIPTIONS, AND PROFESSIONAL ACTIVITIES (allowable).

15. TRAINING The cost of training provided for employee development is allowable.

Source: 2 CFR Part 200 Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Training

16. TRAVEL EXPENSE Travel costs are allowable for expenses for transportation, lodging, subsistence, and related items incurred by employees traveling on official business. Charges should be consistent with those normally allowed in like circumstances of the grant recipient organization in its regular operations and policy, in non-federally sponsored activities. An exception to this is that car mileage reimbursement for all awarded LSTA grants cannot exceed the current state rate of 58 cents per mile (CPM). Reimbursement is the preferred method of payment for travel expenses. Source: 2 CFR Part 200 Uniform Administrative DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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Requirements, Cost Principles, and Audit Requirements for Federal Awards. See Electronic Code of Federal Regulations: Travel
(NOTE: The State Library’s policy on out-of-state travel and conferences is that they are generally not allowed. There are exceptions, however, based on the importance of the travel and/or conference to the grant. If your grant will include out-of-state travel or attendance at an out-of-state conference, consult with your grant monitor beforehand to obtain State Library approval before scheduling the trip or registering for the conference.) DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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EXHIBIT C: LSTA AWARD REQUIREMENTS
A. CIPA Compliance
The Institute of Museum and Library Services establishes guidelines to ensure that the California State Library’s implementation of the Children's Internet Protection Act (CIPA) complies with the 2003 decision of the US Supreme Court. The California State Library is required by 20 U.S.C. Section 9134(b)(7) to provide assurance that we will comply with 20 U.S.C. Section 9134(f), which sets out standards relating to Internet Safety for public libraries and public elementary school and secondary school libraries.

Under CIPA, California State Library must assure the Federal Government that no funds will be made available for public libraries and public elementary and secondary school libraries to purchase computers to access the Internet or pay for the direct costs of accessing the Internet unless the libraries have certified that they have Internet safety policies and technology protection measures, e.g., software filtering technology, in place. California State Library must collect certifications from libraries subject to CIPA that apply to the States for Library Services and Technology Act (LSTA) funding. Public libraries and public elementary and secondary school libraries must be in compliance with CIPA to obtain IMLS State Program funding which will be used to purchase computers used to access the Internet or to pay for direct costs associated with accessing the Internet.

The director or the authorized representative of the Subrecipient organization receiving LSTA funding must certify that the library is one of the following:

An individual applicant that is CIPA compliant.

The applicant library, as a public library, a public elementary school library or a public secondary school library, has complied with the requirements of Section 9134(f)(1) of the Library Services and Technology Act.

Representing a group of applicants. Those applicants that are subject to CIPA requirements have certified they are CIPA compliant.

All public libraries, public elementary school libraries, and public secondary school libraries, participating in the application have complied with the requirements of Section 9134(f)(1) of the Library Services and Technology Act. The library submitting this DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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application has collected Internet Safety Certifications from all other applicants who are subject to CIPA requirements. The library will keep these certifications on file with other application materials, and if awarded funds, with other project records.

Not Subject to CIPA Requirements.

CIPA requirements do not apply because no LSTA funds made available under this grant program will be used to purchase computers that can access the Internet or to pay for direct costs associated with accessing the Internet.

For more information on CIPA, please visit the Children’s Internet Protection Act (CIPA) webpage on the Federal Communications Commission’s (FCC) website.

B. Contracting Guidance
OMB’s Code of Federal Regulations outlines important regulations surrounding contracts that, as a recipient of LSTA funds, the State Library and its subrecipients must follow.

C. Language Access Services
To remain compliant with Title VI of the Civil Rights Act of 1964, all LSTA funding recipients must take reasonable steps to make LSTA-funded awards accessible to people with limited English proficiency.

These procedures apply to all of California State Library’s federally funded programs and activities and extends to all programs and activities conducted by the State Library’s federally funded sub-recipients.

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EXHIBIT D: CERTIFICATION OF COMPLIANCE FORM

1. AUTHORIZED REPESENTATIVE: I certify that the authorized representative named below is the legally designated representative of the Subrecipient for this Award Agreement and project, and is authorized to receive and expend funds in order to administer this award program.

I certify that all information provided to the California State Library for review in association with this award is correct and complete to the best of my knowledge, and as the authorized representative of the Subrecipient, I commit to the conditions of this award, and I have the legal authority to do so.

I certify that any or all other subrecipients participating in the program have agreed to the terms of the application/grant award, and have entered into an agreement(s) concerning the final disposition of equipment, facilities, and materials purchased for this program from the funds awarded for the activities and services described in the attached, as approved and/or as amended in the application by the California State Librarian.

The authorized representative, on behalf of the Subrecipient, certifies that the Subrecipient will comply with all applicable requirements of all State and Federal laws, regulations, and policies governing this program, to include the requirements listed below in this Certification of Compliance Form. a. The organization receiving this LSTA award, as listed in the certification section below, and all program staff, agree to comply with the Uniform Guidance for Grants outlined in the Code of Federal Regulations established by the United State Office of Management and Budget
b. The organization receiving this LSTA award, as listed in the certification section below, and all program staff, agree to comply with the rules, regulations and guidance provided by the following:

IMLS LSTA Administration Guidance
California Code of Regulations established by the California Office of Administrative Law
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The organization receiving this LSTA award, as listed in the certification section below, and all project staff agree, to comply with all state and federal laws, regulations, and policies governing this program, to include the requirements contained in LSTA Award Requirements section of this document.

The authorized representative, on behalf of the Subrecipient, hereby certifies to the California State Library, for an award of funds in the amount $10,000. This award will provide library services as set forth in the LSTA Service Project Application as approved and/or as amended by the California State Librarian.

2. STATEMENT OF COMPLIANCE: Subrecipient has, unless exempted, complied with the non-discrimination program requirements. (Gov. Code §12990 (a-f) and CCR, Title 2, Section 11102).

3. DRUG-FREE WORKPLACE REQUIREMENTS: Subrecipient will comply with the requirements of the Drug-Free Workplace Act of 1990 and will provide a drugfree workplace by taking the following actions:
b. Publish a statement notifying employees that unlawful manufacture, distribution, dispensation, possession or use of a controlled substance is prohibited and specifying actions to be taken against employees for violations.
c. Establish a Drug-Free Awareness Program to inform employees about:
i. the dangers of drug abuse in the workplace;
ii. the person's or organization's policy of maintaining a drug-free workplace;
iii. any available counseling, rehabilitation and employee assistance programs; and,
iv. penalties that may be imposed upon employees for drug abuse violations.
d. Every employee who works on the proposed Agreement will:
i. receive a copy of the company's drug-free workplace policy statement; and,
ii. agree to abide by the terms of the company's statement as a condition of employment on the Agreement.

Failure to comply with these requirements may result in suspension of payments under the Agreement or termination of the Agreement or both and Subrecipient may be ineligible for award of any future State agreements if the department determines that any of the following has occurred: the Subrecipient has made DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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false certification or violated the certification by failing to carry out the requirements as noted above. (Gov. Code § 8350 et. seq.)

4. CONFLICT OF INTEREST: Subrecipient needs to be aware of the following provisions regarding current or former state employees. If Subrecipient has any questions on the status of any person rendering services or involved with the Agreement, the California State Library must be contacted immediately for clarification
Current State Employees (Pub. Contract Code § 10410):
a). No officer or employee shall engage in any employment, activity or enterprise from which the officer or employee receives compensation or has a financial interest and which is sponsored or funded by any state agency, unless the employment, activity or enterprise is required as a condition of regular state employment.
b). No officer or employee shall contract on their own behalf as an independent contractor with any state agency to provide goods or services.

Former State Employees (Pub. Contract Code § 10411):
a). For the two-year period from the date he or she left state employment, no former state officer or employee may enter into a contract in which he or she engaged in any of the negotiations, transactions, planning, arrangements or any part of the decision-making process relevant to the contract while employed in any capacity by any state agency.
b). For the twelve-month period from the date he or she left state employment, no former state officer or employee may enter into a contract with any state agency if he or she was employed by that state agency in a policy-making position in the same general subject area as the proposed contract within the 12-month period prior to their leaving state service.

If Subrecipient violates any provisions of above paragraphs, such action by Subrecipient shall render this Agreement void. (Pub. Contract Code § 10420).

Members of boards and commissions are exempt from this section if they do not receive payment other than payment of each meeting of the board or commission, payment for preparatory time and payment for per diem. (Pub.

Contract Code § 10430 (e)).

5. LABOR CODE/WORKERS' COMPENSATION: Subrecipient needs to be aware of the provisions which require every employer to be insured against liability for Worker's Compensation or to undertake self-insurance in accordance with the provisions, DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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and Subrecipient affirms to comply with such provisions before commencing the performance of the work of this Agreement. (Labor Code § 3700).

6. AMERICANS WITH DISABILITIES ACT: Subrecipient assures the State that it complies with the Americans with Disabilities Act (ADA) of 1990, which prohibits discrimination on the basis of disability, as well as all applicable regulations and guidelines issued pursuant to the ADA. (42 U.S.C. 12101 et. seq.)

7. RESOLUTION: A county, city, district, or other local public body must provide the State with a copy of a resolution, order, motion, or ordinance of the local governing body which by law has authority to enter into an agreement, authorizing execution of the agreement.

8. PAYEE DATA RECORD FORM STD. 204: This form must be completed by all Subrecipients.

9. NONDISCRIMINATION:

The authorized representative certifies that the Subrecipient or its Fiscal Agent will comply with the following:
a. Title VI of the Civil Rights Act of 1964, as amended (42 U.S.C. § 2000 et seq.), which prohibits discrimination on the basis of race, color, or national origin;
b. Section 504 of the Rehabilitation Act of 1973, as amended (29 U.S.C. § 701 et seq.), which prohibits discrimination on the basis of disability (note: IMLS applies the regulations in 45 C.F.R part 1170 in determining compliance with § 504 as it applies to recipients of Federal assistance);
c. Title IX of the Education Amendments of 1972, as amended (20 U.S.C. § 1681–83, 1685-86), which prohibits discrimination on the basis of sex in education programs;
d. The Age Discrimination in Employment Act of 1975, as amended (42 U.S.C. § 6101 et seq.),
which prohibits discrimination on the basis of age; and e. The requirements of any other nondiscrimination statute(s) which may apply.

10. DEBARMENT AND SUSPENSION:

The authorized representative certifies to the best of their knowledge and belief that neither the Subrecipient nor its Fiscal Agent:
a. Are presently excluded or disqualified;
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b. Have been convicted within the preceding three years of any of the offenses listed in 2 C.F.R. part 180.800(a) or had a civil judgment rendered against it or them for one of those offenses within that time period; fraud, antitrust, embezzlement, forgery, bribery, tax evasion, making false statements, receiving stolen property, or similar offenses so serious as to affect the integrity of the subrecipient or its fiscal agent.
c. Are presently indicted for or otherwise criminally or civilly charged by a governmental entity (Federal, State, or local) with commission of any of the offenses listed in 2 C.F.R. part 180.800(a) and enumerated above.
d. Have had one or more public transactions (Federal, State, or local) terminated within the preceding three years for cause or default.

11. TRAFFICKING IN PERSONS:

The authorized representative certifies to the best of their knowledge and belief that neither the Subrecipient nor its Fiscal Agent:
 engages in trafficking in persons, procures a commercial sex act, or uses forced labor
 procures a commercial sex act during the period of time that the award is in effect
 uses forced labor in the performance of the grant

12. FEDERAL DEBT STATUS: Representative certifies to the best of their knowledge and belief that the Subrecipient is not delinquent in the repayment of any Federal debt.

13. CERTIFICATION REGARDING LOBBYING ACTIVITIES (APPLIES TO APPLICANTS REQUESTING FUNDS IN EXCESS OF $100,000) (31 U.S.C. § 1352):
a. No Library Services and Technology Act funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any Federal agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of a Federal contract, the making of a Federal grant, the making of a Federal loan, the entering into of a cooperative agreement, or the extension, continuation, renewal, amendment, or modification of a Federal contract, grant, loan, or cooperative agreement.
b. No Library Services and Technology Act funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of any State agency, DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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Member of the Legislature, an officer or employee of the Legislature, or an employee of a Member of the Legislature in connection with legislative action through oral or written communication with State legislative officials, or solicitation of others to influence or attempt to influence legislative action.
c. No Library Services and Technology Act or other federal funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence any officer or employee of any county, district, or city agency, in connection with legislative action through oral or written communication with officials, or solicitation of others to influence or attempt to influence legislative action. LSTA funds will not be used for costs to:
 draft legislation or resolutions
 travel to meetings of governmental bodies urge passage of legislation or resolutions
 survey voters regarding passage and drafting of legislation or resolutions
 pay governmental fees (use fees, ballot filing fees, permits, etc.)

14. DRUG-FREE WORKPLACE:
a. Continue to provide a drug-free workplace by complying with the requirements in 2 C.F.R. part 3186 (Requirements for Drug-Free Workplace (Financial Assistance)). In particular, the recipient must comply with drugfree workplace requirements in subpart B of 2 C.F.R. part 3186, which adopts the Government-wide implementation (2 C.F.R. part 182) of sections 5152-5158 of the Drug-Free Workplace Act of 1988 (P. L. 100-690, Title V, Subtitle D; 41 U.S.C. §§ 701-707).
b. This includes, but is not limited to: making a good faith effort, on a continuing basis, to maintain a drug-free workplace; publishing a drugfree workplace statement; establishing a drug-free awareness program for the employees; taking actions concerning employees who are convicted of violating drug statutes in the workplace.

15. LSTA AWARD REQUIREMENTS: I have read, understand and agree to comply with the LSTA Award Requirements as outlined in this award packet.

16. CIPA CERTIFICATION: The organization receiving this LSTA award, as listed in the certification section below is (please select one):
☐ An individual applicant that is CIPA compliant
☐ Representing a group of applicants. Those applicants that are subject to CIPA requirements have certified that they are CIPA compliant DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
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☐ Not subject to CIPA requirements

17. LANGUAGE ACCESS SERVICES: The organization receiving this LSTA award, as listed in the certification section below, and all program staff, agree to comply with the language access services requirement as prescribed by Title VI of the Civil Rights Act of 1964.

18. ACCESSIBILITY: The organization receiving this LSTA award, as listed in the certification section below, and all program staff, will ensure all LSTA-funded project materials will meet California accessibility standards.

The State is responsible for ensuring that public websites are accessible to both the general public and state employees, including persons with disabilities.

However, if for some reason project material is not generated to be in compliance to meet these standards, please still submit it to the State Library.

When submitting the material make sure to note that the material is not accessible by including “NOT ACCESSIBLE” in the file name.

The California State Library reserves the right to post project materials to its website that are in compliance with these standards.

Common, applicable award materials include, but are not limited to:
 Project toolkits
 Digital resources
 Publications
 Survey templates
 Project marketing materials

19. ACKNOWLEDGEMENT: The organization receiving this LSTA award, as listed in the certification section below, and all program staff, agree to comply with IMLS and California State Library acknowledgement requirements.

20. ADDITIONAL CERTIFICATIONS: The authorized representative also certifies that the Subrecipient or its Fiscal Agent will comply with the following:

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 all requirements by the Federal-sponsoring agency concerning special requirements of law, program requirements, and other administrative requirements.
 insuring the facilities under its ownership, lease or supervision which shall be utilized in the accomplishment of the project are not listed on the Environmental Protection Agency's (EPA) list of violating facilities and that it will notify the Federal grantor agency of the receipt of any communication from the Director of the EPA Office of Federal Activities indicating that a facility to be used in the project is under consideration for listing by the EPA.
 the flood insurance purchase requirements of Section 102(a) requires, on or after March 2, 1975, the purchase of flood insurance in communities where such insurance is available as a condition for the receipt of any Federal financial assistance for construction or acquisition purposes for use in any area that has been identified by the Secretary of the Department of Housing and Urban Development as an area having special flood hazards. The phrase "Federal financial assistance" includes any form of loan, grant, guaranty, insurance payment, rebate, subsidy, disaster assistance loan or grant, or any other form of direct or indirect Federal assistance.
 assisting the Federal grantor agency in its compliance with Section 106 of the National Historic Preservation Act of 1966 as amended (16 U.S.C. 470), Executive Order 11593, and the Archeological and Historic Preservation Act of 1966 (16 U.S.C. 469a-1 et seq.) by (a) consulting with the State Historic Preservation Officer on the conduct of investigations, as necessary to identify properties listed in or eligible for inclusion in the National Register of Historic Places that are subject to adverse effects (see 36 CFR Part 800.8) by the activity, and notifying the Federal grantor agency of the existence of any such properties, and by (b) complying with all requirements established by the Federal grantor agency to avoid or mitigate adverse effects upon such properties.

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Certification

ORGANIZATION
Name: Address (official and complete):

PROJECT COORDINATOR
Name:

Email: Phone:

SUBRECIPIENT AUTHORIZED REPRESENTATIVE
Name: Title:

Email: Phone:

Signature: Date:

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Authorized Representative Signature
In Witness Whereof, This Grant Agreement has been executed by the parties hereto.

ORGANIZATION
Name: Address:

Authorized Representative
Signature: Date:

Printed Name of Person Signing: Title:

STATE OF CALIFORNIA
Agency Name:

California State Library
Address:
900 N St.

Sacramento, CA 95814
Signature: Date:

Printed Name of Person Signing:

Greg Lucas
Title:

State Librarian
DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A 11/6/2022
In Process

CALIFORNIA STATE LIBRARY FINANCIAL CLAIM

LIBRARY SERVICES & TECHNOLOGY ACT PAYMENT IN FULL

CERTIFICATION
I hereby certify under penalty of perjury: that I am the duly authorized representative of the claimant herein; that this claim is in all respects true, correct and in accordance with law and the terms of the agreement; and that payment has not previously been received for the amount claimed herein.

By
(Signature of the Authorized Representative)
(Print Name) (Title)
*Legal payee name must match the payee’s federal tax return. Warrant will be made payable to payee name. Payee discrepancies in name and/or address may cause delay in payment. If you need to change payee name and/or address, please contact Fiscal Services at [email protected].

If you are not using DocuSign electronic signature to submit your claim, please complete the following:

EMAIL A SCANNED COPY:
[email protected]
MAIL ONE ORIGINAL SIGNATURE TO:

California State Library
Fiscal Office – Federally Funded Programs
PO Box 942837
Sacramento, CA 94237-0001
State of California, State Library Fiscal Office
FAIN: LS-252449-0LS-22
ENACTMENT YEAR: 2022 ITEM NO: 6120-211-0890, Chapter 43, Statutes of 2022 PURCHASING AUTHORITY NUMBER: CSL-6120 REPORTING STRUCTURE: 61202000 ACCOUNT: 5432000 BUDGET PROGRAM: 5312
By Date
(State Library Representative)
Grant Award #: 40-9388 Date:

Invoice #: 40-9388-01 PO #:

Payee Name: Santa Fe Springs City Library
(Legal name of authorized agency to receive, disburse and account for funds*) Complete Address:

Street Address, City, State, Zip Code (Warrant will be mailed to this address) Amount Claimed: $10,000.00 Type of Payment:

Payable Upon Execution of Agreement ☐ PROGRESS
Grantee Name: Santa Fe Springs Library ☐ FINAL
(Name on Award Letter and Agreement) ☒ IN FULL
Project Title: SFS Grows/Gardening and Sustainability for Developmentally Disabled Adults
☐ AUGMENT
For Period From: upon execution to end of grant period
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STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)
Section 1 – Payee Information
NAME (This is required. Do not leave this line blank. Must match the payee’s federal tax return) BUSINESS NAME, DBA NAME or DISREGARDED SINGLE MEMBER LLC NAME (If different from above) MAILING ADDRESS (number, street, apt. or suite no.) (See instructions on Page 2)

CITY, STATE, ZIP CODE E-MAIL ADDRESS
Section 2 – Entity Type
Check one (1) box only that matches the entity type of the Payee listed in Section 1 above. (See instructions on page 2) ☐ SOLE PROPRIETOR / INDIVIDUAL CORPORATION (see instructions on page 2) ☐ SINGLE MEMBER LLC Disregarded Entity owned by an individual ☐ MEDICAL (e.g., dentistry, chiropractic, etc.) ☐ PARTNERSHIP
☐ ESTATE OR TRUST
☐ LEGAL (e.g., attorney services)
☐ EXEMPT (e.g., nonprofit)
☐ ALL OTHERS
Section 3 – Tax Identification Number
Enter your Tax Identification Number (TIN) in the appropriate box. The TIN must match the name given in Section 1 of this form. Do not provide more than one (1) TIN.

The TIN is a 9-digit number. Note: Payment will not be processed without a TIN. •
•
•
•
•
•
For Individuals, enter SSN.

If you are a Resident Alien, and you do not have and are not eligible to get an SSN, enter your ITIN.

Grantor Trusts (such as a Revocable Living Trust while the grantors are alive) may not have a separate FEIN. Those trusts must enter the individual grantor’s SSN.

For Sole Proprietor or Single Member LLC (disregarded entity), in which the sole member is an individual, enter SSN (ITIN if applicable) or FEIN (FTB prefers SSN).

For Single Member LLC (disregarded entity), in which the sole member is a business entity, enter the owner entity’s FEIN. Do not use the disregarded entity’s FEIN.

For all other entities including LLC that is taxed as a corporation or partnership, estates/trusts (with FEINs), enter the entity’s FEIN.

Social Security Number (SSN) or
Individual Tax Identification Number (ITIN)
___ ___ ___ -___ ___ - ___ ___ ___ ___
OR
Federal Employer Identification Number
(FEIN)
___ ___ - ___ ___ ___ ___ ___ ___ ___
Section 4 – Payee Residency Status (See instructions)

☐ CALIFORNIA RESIDENT – Qualified to do business in California or maintains a permanent place of business in California. ☐ CALIFORNIA NONRESIDENT – Payments to nonresidents for services may be subject to state income tax withholding. ☐No services performed in California
☐Copy of Franchise Tax Board waiver of state withholding is attached.

Section 5 – Certification
I hereby certify under penalty of perjury that the information provided on this document is true and correct.

Should my residency status change, I will promptly notify the state agency below.

NAME OF AUTHORIZED PAYEE REPRESENTATIVE TITLE E-MAIL ADDRESS SIGNATURE DATE TELEPHONE (include area code)
Section 6 – Paying State Agency
Please return completed form to:

STATE AGENCY/DEPARTMENT OFFICE UNIT/SECTION
MAILING ADDRESS FAX TELEPHONE (include area code)

CITY STATE ZIP CODE E-MAIL ADDRESS
Print Form Reset Form
DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process

STATE OF CALIFORNIA – DEPARTMENT OF FINANCE

PAYEE DATA RECORD
(Required when receiving payment from the State of California in lieu of IRS W-9 or W-7) STD 204 (Rev. 03/2021)

GENERAL INSTRUCTIONS
Type or print the information on the Payee Data Record, STD 204 form. Sign, date, and return to the state agency/department office address shown in Section 6.

Prompt return of this fully completed form will prevent delays when processing payments.

Information provided in this form will be used by California state agencies/departments to prepare Information Returns (Form1099).

NOTE: Completion of this form is optional for Government entities, i.e. federal, state, local, and special districts.

A completed Payee Data Record, STD 204 form, is required for all payees (non-governmental entities or individuals) entering into a transaction that may lead to a payment from the state. Each state agency requires a completed, signed, and dated STD 204 on file; therefore, it is possible for you to receive this form from multiple state agencies with which you do business.

Payees who do not wish to complete the STD 204 may elect not to do business with the state. If the payee does not complete the STD 204 and the required payee data is not otherwise provided, payment may be reduced for federal and state backup withholding. Amounts reported on Information Returns (Form 1099) are in accordance with the Internal Revenue Code (IRC) and the California Revenue and Taxation Code (R&TC).

Section 1 – Payee Information
Name – Enter the name that appears on the payee's federal tax return. The name provided shall be the tax liable party and is subject to IRS TIN matching (when applicable).
• Sole Proprietor/Individual/Revocable Trusts – enter the name shown on your federal tax return. • Single Member Limited Liability Companies (LLCs) that is disregarded as an entity separate from its owner for federal tax purposes - enter the name of the individual or business entity that is tax liable for the business in section 1. Enter the DBA, LLC name, trade, or fictitious name under Business Name. • Note: for the State of California tax purposes, a Single Member LLC is not disregarded from its owner, even if they may be disregarded at the Federal level. • Partnerships, Estates/Trusts, or Corporations – enter the entity name as shown on the entity’s federal tax return. The name provided in Section 1 must match to the TIN provided in section 3. Enter any DBA, trade, or fictitious business names under Business Name.

Business Name – Enter the business name, DBA name, trade or fictitious name, or disregarded LLC name.

Mailing Address – The mailing address is the address where the payee will receive information returns. Use form STD 205, Payee Data Record Supplement to provide a remittance address if different from the mailing address for information returns, or make subsequent changes to the remittance address.

Section 2 – Entity Type
If the Payee in Section 1 is a(n)… THEN Select the Box for… Individual ● Sole Proprietorship ● Grantor (Revocable Living) Trust disregarded for federal tax purposes Sole Proprietor/Individual Limited Liability Company (LLC) owned by an individual and is disregarded for federal tax purposes Single Member LLC-owned by an individual Partnerships ● Limited Liability Partnerships (LLP) ● and, LLC treated as a Partnership Partnerships Estate ● Trust (other than disregarded Grantor Trust) Estate or Trust Corporation that is medical in nature (e.g., medical and healthcare services, physician care, nursery care, dentistry, etc. ● LLC that is to be taxed like a Corporation and is medical in nature Corporation-Medical
Corporation that is legal in nature (e.g., services of attorneys, arbitrators, notary publics involving legal or law related matters, etc.) ● LLC that is to be taxed like a Corporation and is legal in nature Corporation-Legal
Corporation that qualifies for an Exempt status, including 501(c) 3 and domestic non-profit corporations. Corporation-Exempt Corporation that does not meet the qualifications of any of the other corporation types listed above ● LLC that is to be taxed as a Corporation and does not meet any of the other corporation types listed above Corporation-All Other
Section 3 – Tax Identification Number
The State of California requires that all parties entering into business transactions that may lead to payment(s) from the state provide their Taxpayer Identification Number (TIN). The TIN is required by R&TC sections 18646 and 18661 to facilitate tax compliance enforcement activities and preparation of Form 1099 and other information returns as required by the IRC section 6109(a) and R&TC section 18662 and its regulations.

Section 4 – Payee Residency Status
Are you a California resident or nonresident?
• A corporation will be defined as a "resident" if it has a permanent place of business in California or is qualified through the Secretary of State to do business in California.
• A partnership is considered a resident partnership if it has a permanent place of business in California. • An estate is a resident if the decedent was a California resident at time of death. • A trust is a resident if at least one trustee is a California resident. o For individuals and sole proprietors, the term "resident" includes every individual who is in California for other than a temporary or transitory purpose and any individual domiciled in California who is absent for a temporary or transitory purpose. Generally, an individual who comes to California for a purpose that will extend over a long or indefinite period will be considered a resident. However, an individual who comes to perform a particular contract of short duration will be considered a nonresident.

For information on Nonresident Withholding, contact the Franchise Tax Board at the numbers listed below:

Withholding Services and Compliance Section: 1-888-792-4900 E-mail address: [email protected] For hearing impaired with TDD, call: 1-800-822-6268 Website: www.ftb.ca.gov Section 5 – Certification
Provide the name, title, email address, signature, and telephone number of individual completing this form and date completed. In the event that a SSN or ITIN is provided, the individual identified as the tax liable party must certify the form. Note: the signee may differ from the tax liable party in this situation if the signee can provide a power of attorney documented for the individual.

Section 6 – Paying State Agency
This section must be completed by the state agency/department requesting the STD 204.

Privacy Statement
Section 7(b) of the Privacy Act of 1974 (Public Law 93-579) requires that any federal, state, or local governmental agency, which requests an individual to disclose their social security account number, shall inform that individual whether that disclosure is mandatory or voluntary, by which statutory or other authority such number is solicited, and what uses will be made of it. It is mandatory to furnish the information requested. Federal law requires that payment for which the requested information is not provided is subject to federal backup withholding and state law imposes noncompliance penalties of up to $20,000. You have the right to access records containing your personal information, such as your SSN. To exercise that right, please contact the business services unit or the accounts payable unit of the state agency(ies) with which you transact that business.

All questions should be referred to the requesting state agency listed on the bottom front of this form.

DocuSign Envelope ID: 954BC5DE-2ED6-4AFE-9308-EC9DE7A9124A In Process
City of Santa Fe Springs
City Council Meeting December 6, 2022
Report Submitted By: Travis Hickey and Debbie Ford Date of Report: November 30, 2022 Finance and Administrative Services

CONSENT AGENDA
Approval of the Comprehensive Memorandum of Understanding (MOU) between the City of Santa Fe Springs and the Santa Fe Springs City Employees’ Association and the Santa Fe Springs Firefighters Association

BACKGROUND
At the June 29, 2021 and July 8, 2021 City Council Meetings, the City entered into a three year labor agreement with the Santa Fe Springs City Employees’ Association (SFSCEA) and the Santa Fe Springs Firefighters Association (SFSFA).

Following the approval of the agreement, representatives for the City and the SFSCEA and SFSFA, have been working on contract language updates, which have caused delays in the submission for approval of the finalized MOU.

City staff has finalized the MOU’s with the both bargaining groups. Attached for your approval are the comprehensive MOU’s for FY 2021-2024.

FISCAL IMPACT
The cost associated with the agreement, has been appropriated through the FY 2021- 2022 and FY 2022-2023 budget process.

Raymond R. Cruz
City Manager
Attachments:

1. MOU Between the City of Santa Fe Springs and the SFSCEA

2. MOU Between the City of Santa Fe Springs and the SFSFA

RECOMMENDATION
• Approve the comprehensive Fiscal Year 2021-2024 MOU between the City of Santa Fe Springs and the Santa Fe Springs City Employees’ Association and the Santa Fe Springs Firefighters Association.

ITEM NO. 10G

MEMORANDUM OF UNDERSTANDING
between the

CITY OF SANTA FE SPRINGS
and the

SANTA FE SPRINGS EMPLOYEES ASSOCIATION
July 1, 2021 - June 30, 2024
- i -
Table of Contents
Preamble .................................................................................................................... - 1 - Article I. Recognition and Rights .......................................................................... - 1 - Section 1. Representation and Duration ..................................................................... - 1 - Section 2. Recognition ............................................................................................... - 1 - Section 3. Release Time ............................................................................................. - 1 - Section 4. Labor Relations Committee ...................................................................... - 2 - Section 5. Association Dues Deduction…………………..………………………....- 2 - Section 6. Bulletin Board Space ................................................................................ - 2 - Section 7. New Employee Orientation…………………………………..

Article II. Management Rights .............................................................................. - 3 - Section 1. General Provision ...................................................................................... - 3 - Section 2. Disciplinary Action and Employment Separations ................................... - 4 - Section 3. Re-Opener ................................................................................................. - 4 - Section 4. Waiver ....................................................................................................... - 4 - Article III. Work Period, Hours and Staffing ...................................................... - 5 - Section 1. Work Period .............................................................................................. - 5 - Section 2. Modified Duty ........................................................................................... - 5 - Article IV. Wages and Compensation ................................................................... - 5 - Section 1. Pay Plan ..................................................................................................... - 5 - Section 2. Wages ........................................................................................................ - 6 - Section 3. Special Assignment Pay - Bilingual .......................................................... - 6 - Section 4. Excellence in Performance Pay ................................................................. - 7 - Section 5. Longevity Pay ........................................................................................... - 7 - Section 6. Physical Fitness Incentive Program ............. Error! Bookmark not defined.

Section 7. Overtime Compensation............................................................................ - 7 - Section 8. Standby Compensation.............................................................................. - 7 - Section 9. Call Back Compensation ........................................................................... - 8 - Section 10. Deferred Compensation Program ............................................................ - 8 - Section 11. Class A Driver’s License ........................................................................ - 8 - Section 12. Cost of Living Data ................................................................................. - 9 - Article V. Retirement Benefits ............................................................................... - 9 - Section 1. For employees hired prior to November 19, 2012 (Classic Members/Tier 1) the City shall provide the CalPERS 2.7% @ age 55 retirement formula…………………………………………………..…………………………..- 9 -
Section 2. For employees hired between November 19, 2012 and December 31, 2012 (Tier 2), the City shall provide the CalPERS 2% @ age 55 retirement formula. ..... - 10 - Section 3. For employees hired on or after January 1, 2013 and meeting the definition of “New Member” set forth in Government Code 7522.02(c), shall be eligible for the retirement plan pursuant to California Public Employees’ Pension Reform Act of 2013 (PEPRA). ................................................................................................................... - 10 - Section 4. Sick Leave Credit .................................................................................... - 11 - Section 5. Hourly/Benefited Employees ................................................................... - 11 - Article VI. Health and Other Insurance Benefits ............................................... - 12 - - ii -
Section 1. Health Insurance...................................................................................... - 12 - Section 2. Dental Insurance...................................................................................... - 14 - Section 3. Vision Plan .............................................................................................. - 14 - Section 4. Life Insurance.......................................................................................... - 15 - Section 5. Long Term Disability Insurance ............................................................. - 15 - Section 6. Physical Examination .............................................................................. - 15 - Article VII. Leave Benefits ................................................................................... - 15 - Section 1. Bereavement Leave ................................................................................. - 16 - Section 2. Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) ...................................................................................................................... - 16 - Section 3. Flexible Leave ......................................................................................... - 17 - Section 4. Holidays .................................................................................................. - 17 - Section 5. Bonus Day Holiday ................................................................................. - 17 - Section 6. Jury Duty ................................................................................................. - 17 - Section 7. Leaves of Absence .................................................................................. - 18 - Section 8. California Kin Care Leave ...................................................................... - 18 - Section 9. Military Leave ......................................................................................... - 18 - Section 10. Sick Leave ............................................................................................. - 18 - Section 11. Vacation ................................................................................................ - 19 - Section 12. Critical Family Leave ............................................................................ - 21 - Section 13. Voluntary Vacation and Flexible Leave Time Donation ...................... - 21 - Section 14. Family School Leave............................................................................. - 21 - Article VIII. Additional Benefits ......................................................................... - 22 - Section 1. Tuition Reimbursement ........................................................................... - 22 - Section 2. Uniforms ................................................................................................. - 22 - Section 3. Employee Personal Computer Purchase Plan…………………………..- 23 - Section 4. Section 125 Program……………………………………………………- 23 - Section 5. Employee Assistance Program………………………………………….- 23 - Article IX. Appointments, Promotions, and Temporary Assignments ............ - 23 - Section 1. Original and Promotional Appointments ................................................ - 23 - Section 2. Appointment – Probationary Status ......................................................... - 23 - Section 3. Temporary Appointments ....................................................................... - 24 - Section 4. Veteran’s Preference ............................................................................... - 24 - Section 5. Eligibility Lists – Certification................................................................ - 24 - Article X. Employment Policies ........................................................................... - 24 - Section 1. Alcohol and Drugs .................................................................................. - 24 - Section 2. Computer Usage ....................................................................................... - 25 - Section 3. Harassment, Discrimination and Retaliation........................................... - 25 - Section 4. Military Leave ......................................................................................... - 26 - Section 5. Workplace Safety/Security ..................................................................... - 26 - Section 6. Workplace Safety, Security, Inspection and Access ............................... - 27 - Section 7. Tuberculosis (TB) Testing ...................................................................... - 27 - Section 8. Blood-borne Pathogens and Hepatitis B Vaccinations ........................... - 27 - Section 9. Additional Employment .......................................................................... - 28 - Section 10. Gambling ............................................................................................... - 28 - - iii -
Section 11. Gifts and Gratuities ............................................................................... - 28 - Section 12. Use of City Vehicles ............................................................................. - 28 - Section 13. No Smoking in City Vehicles ............................................................... - 28 - Section 14. Driver’s License .................................................................................... - 28 - Section 15. Use of Personal Vehicles ...................................................................... - 29 - Section 16. Bids for City Jobs .................................................................................. - 29 - Section 17. Political Activities of Employees .......................................................... - 29 - Article XI. Layoff and Reductions in Force ....................................................... - 29 - Section 1. Layoff and Reductions in Force .............................................................. - 30 - Section 2. Seniority and Bumping Rights ................................................................ - 30 - Section 3. Layoffs – Call-backs ............................................................................... - 30 - Section 4. Lay-off Procedures ................................................................................... - 31 - Article XII. Appeal and Grievance Rights and Procedures .............................. - 31 - Section 1. Appeal Process ........................................................................................ - 31 - Section 2. Grievance Procedure ............................................................................... - 31 - Article XIII. Other Legal Clauses ......................................................................... - 32 - Section 1. Non-discrimination ................................................................................. - 32 - Section 2. Severability ............................................................................................. - 32 - Section 3. Strikes, Work Stoppages and Slowdowns ............................................... - 32 - Section 4. Applicability of Memorandum of Understanding ................................... - 32 - Section 5. Parity ....................................................................................................... - 33 - Section 6. Ratification and Execution ...................................................................... - 33 -

APPENDIX
Job Titles/Salary Schedule ...............................................................................................A Alcohol and Drug Abuse Policy ......................................................................................B Electronic Media Policy ...................................................................................................C Harassment Policy ............................................................................................................D Injury and Illness Prevention Program Policy Statement ................................................E Military Leave Policy .......................................................................................................F Workplace Violence/Security Policy ...............................................................................G - 1 -
Preamble
It is the purpose of this Memorandum of Understanding (hereinafter referred to as the “MOU”) to promote and provide for harmonious relations, cooperation, and understanding between the City and its representatives and the general employees covered under this MOU and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment of the employees covered under this MOU, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation.

Article I.

Recognition and Rights
Section 1. Representation and Duration
This MOU is between the City of Santa Fe Springs (City or Employer) and the Santa Fe Springs Employees Association (hereinafter referred to as the Association) and shall remain in full force and effect between the dates of July 1, 2021 and June 30, 2024.

Section 2. Recognition
Pursuant to the provisions of City Council Resolution No. 3005, the City recognizes the Association as the exclusive bargaining representative with regards to the meet and confer process relating to wages, hours and other terms and conditions of employment contained in this MOU. The job titles represented by the Association are those identified in Appendix A. The City shall recognize its obligations under this MOU, the Meyers-Milias-Brown Act, Government Code Section 3500, et.seq.

Section 3. Release Time
During periods of formal labor negotiations between the Association and City, Association negotiation team members who are on-duty shall be granted release time. Association Board members will be granted reasonable time off without loss of pay but for not more than two days at any one time, and limited to not more than five Board members at any one time, to attend but not exclusively limited to legislative and employer-employee relations conferences and training sessions. Approval by the City Manager for release time requests of this nature beyond two meetings per year is needed. The Association will use its best faith efforts to keep the frequency and number of members attending to a reasonable level.

The Association will always work with department management to ensure that the release time requested is properly scheduled to avoid undue hardship to the operations of the department. All expenses associated with such release time will be borne by the Association unless otherwise permitted by the City. (PPPM 6-1.3, 05-06 MOU) - 2 -
Section 4. Labor Relations Committee
A Labor Relations Committee composed of City and Association representatives will meet quarterly to discuss workplace issues regarding wages, hours and working conditions or special projects related to those areas. When beneficial, the committee may consult with outside individuals with specific knowledge on the topic of discussion. (PPPM 7-9 MOU 2007-2009)
Section 5. Association Dues Deduction
The City shall deduct from each paycheck of unit employees the regular [periodic] membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the Association. Such deductions shall be made only when the Association member’s earnings for a pay period are sufficient after other legally required deductions are made. The Association hereby certifies that it has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. The Association membership dues shall be deducted each pay period in accordance with City procedures and provisions of applicable law from the salary of each employee whose name is provided by the Association.

The City shall remit the total amount of deductions to the Association within thirty (30) days of the date of the deduction. Any changes in the Association dues must be given to the City a minimum of fifteen (15) days prior to change to accommodate changes to payroll.

The Association shall indemnify the City from any claims relating to the City’s compliance with this Dues Deduction provision, except for any claims arising from City’s own negligence.

Section 6. Bulletin Board Space
The Association will be permitted to maintain areas accessible for all represented employees adequate bulletin board space suitable for the display of Association business.

Section 7. New Employee Orientation/Employee Information New Employee Orientation
City will provide the Association with 10 calendar days advanced notice of all new employee orientations within the bargaining unit, unless it is unable to reasonably do so because of an unforeseeable urgent need critical to City operations. If such a case arises, the City will provide as much notice as possible to the Association, or make other arrangements for the Association to meet with the new employee. The Association will select its representative to meet with the new employee and that meeting will be conducted after completion of the Human Resources orientation. When selecting its representative, the Association will make reasonable efforts to minimize disruption to - 3 -
the department operational needs.

The Association will be provided up to 30 minutes to discuss, among other things, the rights and obligations created by the MOU, the role of the Association, and to answer any questions that the new employee may have.

Employee Information
The City will provide the employee information it has on file in compliance with AB119 (name, job, title, department, work location, work, home and personal cellular telephone numbers, personal email addresses on file with the City, and home address) for all new hires within the bargaining unit within 30 days of hire, as well as for all employees represented by the Association at least twice per year and an additional one time per year upon the Association’s request.

Notwithstanding the foregoing, pursuant to Government Code §3358 (in AB 119), an employee may opt out via written request to the City (copy to the Association) to direct the City to withhold disclosure of the employee’s personal information: home address, home and personal cellular telephone numbers, and personal email addresses.

City may notify employee of the ability to opt out of disclosing personal information to the Association.

Article II.

Management Rights
Section 1. General Provision
The exclusive rights of the City include, but are not limited to, the right to determine the mission of its constituent departments, divisions or commissions and boards; set standards of service and municipal fees and charges; determine the procedures and standards of selection for employment, assignment, transfer and promotions; direct its employees; take disciplinary actions; relieve its employees from duty for legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work. The City is in no way precluded from seeking alternative ways of providing services if the City Council deems it is in the City’s best interest to do so.

The parties recognize that there are existing ordinances, resolutions and policies relating to benefits and other conditions of employment and the same are not affected by this Agreement except as provided herein. The City agrees not to reduce or abridge the level of supplemental benefits currently available to all represented employees during the term of this Agreement without mutual consent.
- 4 -
The parties hereto recognize that the City shall and will retain the exclusive right to manage and direct the performance of City services and work force performing such services. The City and Association agree that nothing in this Memorandum of Understanding shall in any way abridge, restrict or modify the rights and prerogatives of the City as set forth in Section 6 of Resolution No. 3005 of the Santa Fe Springs City Council and such section is hereby incorporated by this reference and made part hereof as though set forth in full. (Resolution No. 3005, PPPM 7-1 and 7-2)
Section 2. Disciplinary Action and Employment Separations An employee may be suspended, demoted or dismissed whenever the employee’s work or conduct so warrants. Any such action shall be in accordance with the procedures as set forth in the Personnel Resolution and appropriate Personnel Policy & Procedure.

Whenever employee performance falls below the required level or when an employee’s conduct falls under one of the causes for action listed in the Personnel Resolution, the supervisor shall inform the employee promptly and specifically of such lapses. If appropriate and justified, following a discussion of the matter, a reasonable time for improvement or correction may be allowed before any further disciplinary action is initiated. In situations where oral warning has not resulted in the correction of the condition or where more severe initial action is warranted, a written reprimand shall be sent to the employee and a copy placed in the employee’s personnel file. When other forms of disciplinary action have proven ineffective, or where the seriousness of the offense or condition warrants, the City Manager may reduce pay, transfer, demote or dismiss the employee for any cause listed in the Personnel Resolution No. 5969. (Res. #5969, XI.1; PPPM 5-13.1)
Suspensions - In those cases where one or more written reprimands have not proven to be effective, or in those cases where the seriousness of the events or conditions warrant it, an employee may be suspended without pay by their Department Head a maximum of three days without the approval of the City Manager or with the approval of the City Manager for a period not to exceed 30 calendar days for each offense for any cause listed in the Personnel Resolution. (Res. #5969, XI.1; PPPM 5-13.1)
Section 3. Re-Opener
If state or federal law is adopted or documented evidence such as the passage of the California State budget indicates a significant change in the City’s financial conditions which adversely affects the City’s capability to meet the terms of this agreement, any part of the total agreement can be opened to the meet and confer process during the term of this agreement.

Section 4. Waiver
Except as provided herein, the Association hereby expressly waives any right to request any improvements or changes in salaries, benefits or other terms and conditions of employment for the employees represented by the Association which would take effect prior to July 1, 2021, and the City of Santa Fe Springs, through its representatives, shall - 5 -
not be required to meet and confer as to any such request.

Article III.

Work Period, Hours and Staffing
Section 1. Work Period
The traditional work period is a seven day work cycle beginning on Monday at 12:01 a.m. and ending on the following Sunday at midnight. Upon the authorization of the City Manager, employees may work a traditional 5/40, 4/10 or 9/80 work period. For employees working the alternative work schedule known as the 9/80, each such employee’s work week shall begin and end four hours into the eight hour work day which the employee works in alternating weeks. Regularly scheduled hours within the 7 day work period shall be comprised of 40 hours. (Res. # 5969, IX.1 and IX.2; PPPM 6-1.1) Section 2. Modified Duty
If the industrial medical provider recommends modified duty on the same date an injury occurs and with approval from the City Manager, the employee will report to work for the remainder of the shift in a modified duty capacity. The City has the right to revert the employee to a traditional 5/40 schedule during the time the employee is on modified duty.

A request to work a 4/10 or 9/80 work schedule or another schedule may be approved by the City at its sole discretion, until the industrial medical provider returns the employee to regular duty. (PPPM 5-10. 2)
The same procedure shall be followed to schedule modified duty for employees whose medical status change, such as from “unable to return to duty” to “able to return to modified duty” as determined by the industrial medical provider.

At the sole discretion of the City, modified duty may be available for employees whose temporary restrictions, as certified by a medical provider, can be accommodated by the City. Priority will be given to those employees whose injuries are industrial. The City’s decision to provide modified duty is final and is not subject to appeal.

Article IV.

Wages and Compensation
Section 1. Pay Plan
All employees will be paid on a bi-weekly basis. Payroll checks will be made available to employees on the Thursday following the completion of each bi-weekly period. In the event that a payday falls on a holiday, payroll checks may be made available on the first day preceding the holiday. Direct deposit is also available to all employees. The City will directly deposit the payroll check into the employee’s savings or checking account. Funds are normally available on Friday morning. (Res. #5969, IV.13, PPPM 2-1.1) - 6 -
Section 2. Wages
The City and the Employees Association agree that each classification represented by this Agreement shall receive the following Cost of Living Adjustments (COLA), with the pay schedule referenced in Appendix A.

1. Effective the pay period that includes July 1, 2021, a four percent (4%) cost of living adjustment (COLA).

2. Effective the pay period that includes July 1, 2022 - a. a three percent (3%) cost of living adjustment (COLA). b. a one percent (1%) additional cost of living adjustment (COLA), based on a contract amendment approved on June 21, 2022.

3. Effective the pay period that includes July 1, 2023, a three percent (3%) cost of living adjustment (COLA).

Merit Salary Adjustment:

Upon recommendation of the Department Director that an employee’s performance has been above average, an employee receiving less than the maximum rate of base pay within the assigned range for the classification may be given a merit salary adjustment upon approval by the City Manager. A full time employee is eligible for this adjustment upon completion of 6 months service each in Steps A and in Step B and 1 year service each in Steps C and D. (PPPM 2-2.1b)
Section 3. Special Assignment Pay - Bilingual
Bilingual pay may be paid to positions where the need to speak in another language is deemed useful by the City. To receive compensation, employees must pass a testing process as determined by the Human Resources Office. Compensation is granted at the level needed for the position and as designated:

Full-Time Hourly/
Benefited
Tests
Level 1 ability to speak and
understand basic
Spanish
$100/month $50/month Oral test every
2 years
Level 2 ability to speak and
understand Spanish
fluently
$175/month $90/month Oral test every
4 years
Level 3 ability to speak,
understand, read,
write and translate
Spanish fluently
$250/month $125/month Oral and
written test
every 4 years
The City shall maintain an approved list of positions recognized by the City to receive bilingual pay. Approval of the incentive pay and the number of employees who receive - 7 -
this incentive pay are at the sole discretion of the City and are not subject to appeal. (PPPM 2-2.5c)
Section 4. Excellence in Performance Pay
The City Manager may approve a 5½% incentive payment to the rate of base pay to recognize excellence in performance. Continuance of pay is reviewed annually and is measured against predetermined goals and objectives. (PPPM 2-2.3, 2.21c) Section 5. Longevity Pay
Full-time Association represented employees are entitled to the following longevity increments: 2% at 15 years of service, 2% at 20 years of service; 3% at 25 years of service for a total cumulative rate of 7% at 25 years of service.

Longevity calculations for those hired prior to July 1, 2019, will include all full-time years of service plus all months of hourly/part-time service.

Longevity calculations for those hired into a full-time position after July 1, 2019, will be based on continuous full-time years of service only.

Section 7. Overtime Compensation
When necessary to perform essential work, Department Directors, Managers or Supervisors may require employees to work at any time other than during their regular working hours until such work is accomplished. Payment of overtime shall be paid at a rate of one and one half (1½) the rate of pay in accordance with the Fair Labor Standards Act and shall apply to all designated non-exempt positions. The maximum number of hours worked per work period paid at the regular rate shall be 40 hours. An employee may, with Department Head approval, take time off in lieu of overtime pay if it is taken in the same work period the overtime is earned. For example, if an employee works 2 hours overtime on Monday, the employee may take 2 hours off before the end of the work week. For the purpose of overtime calculations, furlough hours will be considered hours worked. (PPPM 2-2.9a)
Section 8. Standby Compensation
An employee required to be available for emergency service between the end of their work day and the beginning of the next work day will be paid $35.00 for each standby period.

They must be available for immediate response to a telephone call or a page. Employees who are on standby and who are called back to duty shall receive standby pay and call back pay. (80-81, 99-01, 05-06 MOU; PPPM 2-2.10a)
Effective July 1, 2020, an employee required to be available on Standby for emergency service on any day that is a regularly scheduled day off for that employee (not because of - 8 -
any leave other than Holiday leave) will be paid $70.00 for each day they are required to be on standby.

Section 9. Call Back Compensation
Employees called back to work shall receive a minimum of four (4) hours pay. If a second call back of the same employee occurs within the four (4) hours of the first call back, additional call back pay is not allowed. If the second call back occurs after four hours have elapsed since the first call back, it shall be treated as a new incident and the employee shall receive a minimum of four (4) hours pay. After three (3) hours of call back, all hours, including the first three (3) hours, will be paid at time and one-half (1½). Scheduled work, even though not during normal working hours, shall not qualify for call back pay. (PPPM 2-2.11)
Section 10. Deferred Compensation Program
The City’s deferred compensation program is designed to provide employees with a supplemental retirement savings plan. It is established and regulated according to Internal Revenue Service (IRS) guidelines and is known as an IRS 457(b) Plan. It is a tax deferral program in which an employee may elect to defer compensation up to the amount permitted by the IRS for any particular calendar year and thereby realize an immediate tax benefit.

The money is invested and available to the employee with interest after retirement. IRS “catch-up” provisions are also available under this plan.

The City agrees to match employee contributions into their deferred compensation plan (for a maximum of 3%). The match will be at a rate of 2:1. To receive the City’s maximum 3% match, the employee must contribute 1.5%. Employee contributions less than 1.5% are matched by the City at a proportional 2:1 ratio.

Specifics concerning program application and investment options change periodically.

The most current information can be obtained from the Human Resources Office. (86-87, 88-89, 89-90, 90-91, 05-07 MOU, PPPM 2-5.1)
Section 11. Commercial Driver’s License
The City shall pay a monthly $100 pay differential to fifteen (15) Public Works Maintenance Division employees who possess and maintain a valid California Commercial driver’s license. This pay differential will not be given to those in positions where a Commercial driver’s license is a required minimum qualification for the position. (PPPM 2-2.5k rev 5/25/06)
Section Backflow Tester Certification
Employees with the Los Angeles County Certified Backflow Tester Certification shall receive 5.5% of their regular pay per month. Employees shall immediately notify their supervisor if they have lost their certificaiotn for any reason. The Director of Public Works has the authority to designate the number of personnel to receive the certification pay. - 9 -
Section 12. Cost of Living Data
The parties will use the March to March Consumer Price Index issued by the Department of Labor, Bureau of Labor Statistics for the Los Angeles-Long Beach-Anaheim area for purposes of cost of lving analysis.

Article V.

Retirement Benefits
California Public Employee’s Retirement System (CalPERS) Coverage. All full-time employees covered by this MOU shall participate in the CALPERS retirement plan.

Section 1. For employees hired prior to November 19, 2012 (Classic Members/Tier 1), the City shall provide the CalPERS 2.7% @ age 55 retirement formula.

The City shall continue to provide CalPERS Classic Members with retirement benefits in accordance with the existing contract with CalPERS, and all amendments to the contract, including:

1. Retirement Benefit Formula - 2.7% @ age 55 Formula for Local Miscellaneous Members (Government Code Section 21354.5).

2. To be eligible for service retirement, you must be at least age 50 and have a minimum of five years of CalPERS-credited service.

3. Employee Cost Share - The employee’s eight percent (8%) portion of the retirement cost is paid fully by the City as “Employer Paid Member Contribution (EPMC).

The value of the EPMC is reported as special EPMC compensation (Government Code Section 20516).

4. Employee Contribution – Full-time employees contribute eight percent (8%) of their salary (cost share) on a pre-tax basis to offset the City’s cost in providing enhanced retirement benefits (Government Code Section 20516(f)). If there are any changes that legally require the cost sharing to terminate, any percentage of cost sharing shall be applied towards the Employer Paid Member Contribution (EPMC).

5. Death Benefits - Pre-Retirement Death Benefits to continue after marriage of survivor (Government Code Section 21551).

6. 1959 Survivor Benefit Level 4 – provides a monthly benefit for eligible survivor(s) who are not covered by social security (Government Code Section 21574).

7. Additional Service Credit of 2 years for Local Miscellaneous Members (Government Code Section 20903).

8. Military Service Credit as Public Service (Government Code Section 21024).

9. Unused Sick Leave Credit – Unused sick leave will be converted to service credit at the rate of .004 year of service for each day of sick leave, provided there are less than 120 days between the member’s separation date and retirement date (Government Code Section 20965).

10. Final Compensation - The average full-time monthly pay rate for the highest 12 consecutive month period (Government Code Section 20042). If service is coordinated with Social Security, member is subject to the $133.33 reduction in - 10 -
final compensation.

11. 2% Annual Cost of Living Allowance Increase (Government Code Section 21329).

12. Death Benefit (Retired) - Upon the death of a retiree, a one-time lump sum payment of $500 will be made to the retiree’s survivor (Government Code Section 21620).

13. Prior Service Credit (Government Code Section 20055). Service credit payment by payroll deduction is pre-tax.

Section 2. For employees hired between November 19, 2012 and December 31, 2012 (Tier 2), the City shall provide the CalPERS 2% @ age 55 retirement formula.

The City shall continue to provide CalPERS Tier 2 Members with retirement benefits in accordance with the existing contract with CalPERS, and all amendments to the contract, including:

1. Retirement Benefit Formula – 2% @ age 55 Formula for Local Miscellaneous Members (Government Code Section 21354).

2. To be eligible for service retirement, you must be at least age 50 and have a minimum of five years of CalPERS-credited service.

3. Employee Contribution – Full-time employees pay the seven percent (7%) member contribution.

4. Death Benefits - Pre-Retirement Death Benefits to continue after marriage of survivor (Government Code Section 21551).

5. 1959 Survivor Benefit Level 4 – provides a monthly benefit for eligible survivor(s) who are not covered by social security (Government Code Section 21574).

6. Additional Service Credit of 2 years for Local Miscellaneous Members (Government Code Section 20903).

7. Military Service Credit as Public Service (Government Code Section 21024).

8. Unused Sick Leave Credit – Unused sick leave will be converted to service credit at the rate of .004 year of service for each day of sick leave, provided there are less than 120 days between the member’s separation date and retirement date (Government Code Section 20965).

9. Final Compensation – The highest average annual compensation earnable by the member during the consecutive 36-month period of employment (Government Code Section 20037). If service is coordinated with Social Security, member is subject to the $133.33 reduction in final compensation.

10. 2% Annual Cost of Living Allowance Increase (Government Code Section 21329).

11. Death Benefit (Retired) - Upon the death of a retiree, a one-time lump sum payment of $500 will be made to the retiree’s survivor (Government Code Section 21620).

12. Prior Service Credit (Government Code Section 20055). Service credit payment by payroll deduction is pre-tax.

Section 3. For employees hired on or after January 1, 2013 and meeting the definition of “New Member” set forth in Government Code 7522.02(c), shall be 1,eligible for the retirement plan pursuant to California Public Employees’ Pension Reform Act of 2013 (PEPRA).

The City shall provide CalPERS Members with retirement benefits in accordance with - 11 -
PEPRA, including:

1. Retirement Benefit Formula – 2% @ age 62 Formula for Local Miscellaneous Members (Government Code Section 7522.20).

2. To be eligible for service retirement, you must be at least age 52 and have a minimum of five years of CalPERS-credited service.

3. Employee Contribution – Full-time employees pay the member contribution of fifty percent (50%) of normal cost as determined by CalPERS.

4. Death Benefits - Pre-Retirement Death Benefits to continue after marriage of survivor (Government Code Section 21551).

5. 1959 Survivor Benefit Level 4 – provides a monthly benefit for eligible survivor(s) who are not covered by social security (Government Code Section 21574).

6. Additional Service Credit of 2 years for Local Miscellaneous Members (Government Code Section 20903).

7. Military Service Credit as Public Service (Government Code Section 21024).

9. Final Compensation – The highest average annual compensation earnable by the member during the consecutive 36-month period of employment (Government Code Section 20037).

10. 2% Annual Cost of Living Allowance Increase (Government Code Section 21329).

11. Death Benefit (Retired) - Upon the death of a retiree, a one-time lump sum payment of $500 will be made to the retiree’s survivor (Government Code Section 21620).

12. Prior Service Credit (Government Code Section 20055). Service credit payment by payroll deduction is pre-tax.

Section 4. Sick Leave Credit
Full-time general employees shall be compensated annually in November for one-half of their accumulated sick leave in excess of 960 hours. The remaining excess leave shall be accumulated in an individual retirement credit account. The balance in the account, along with other accumulated sick leave, shall be applied to the Retirement “Sick Leave Credit” benefit upon the employee’s retirement. (PPPM 5-11.2)
Section 5. Hourly Benefited Employees
In accordance with the Federal Omnibus Budget act of 1990, Section 3121 (b)(7)(F), 7.5% of qualified salary is deposited in a retirement plan for hourly benefited employees. The terms and conditions for withdrawal of these funds shall be as set forth in the existing plan and as permitted by IRS Code Section 457.

The City makes a 3.75% contribution based upon gross earnings towards this plan. Hourly employees may contribute the maximum allowable under IRS regulations or a minimum of 3.75% of their gross earnings. The retirement plan used by the City is a defined contribution plan which means that an employee is fully vested and may withdraw all - 12 -
funds, including interest earnings, upon separation. (PPPM 2-4.1) Article VI.

Health and Other Insurance Benefits
Section 1. Health Insurance
Full-Time Employees:

The City contracts with the California Public Employees’ Retirement System (CalPERS) for employee, spouse, registered domestic partner and dependent health insurance benefits.

An open enrollment period is held annually in the fall to permit employees to change plans and add/delete dependents.

Effective January 1, 2021, the City’s maximum contribution for medical insurance will be capped at $1,650 per month.

Effective January 1, 2022; January 1, 2023; January 1, 2024 only, the City’s medical contribution cap will be adjusted, up or down, to match the Kaiser (Region 3 for Los Angeles County) family rate to reimburse Association represented employees and their eligible dependents for medical insurance premiums. The 2022 Kaiser family rate is $1,871.43 per month.

Hourly Benefited Employees:

The City contracts with Kaiser Permanente for hourly benefited employee, spouse, registered domestic partner and dependent HMO health insurance benefits. An open enrollment period is held annually in the fall, to permit employees to change plans and add/delete dependents.

The City’s maximum contribution for medical insurance is capped at the Kaiser Traditional HMO 2 party plan, effective, January 1, 2021, the rate is $1,254.68 per month; effective January 1, 2022, the rate is $1,254.68.

Retiree Medical:
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An employee who is vested in CalPERS and retires from the City is eligible for medical coverage through the CalPERS Retirement Plan.

The City contribution to medical premiums for retirees, effective January 2021 is $1, 650.00 per month.

The City contribution to medical premiums for retires, effective January 1, 2022 is $1871.43
The parties agree to a re-opener during the term of this MOU to discuss and implement changes related to medical coverage for active employees as well as significant reforms to the retiree medical program and when retirees become Medicare eligible, including but not limited to limiting the employer contribution to retiree medical for new employees to the minimum rate established annually by the California Public Employees’ Retirement System (CalPERS) for the Public Employees’ Medical and Hospital Care Act (PEMHCA). The City would also consider amending its existing Flexible Spending Account (FSA) Section 125 Plan to provide for a cafeteria plan option as a mechanism for providing active employees with the difference between the PMHCA minimum and the negotiated employer contribution for active employee medical on a tax-exempt basis.

Further, the City would also consider establishing a Health Reimbursement Arrangement account (HRA) to provide a mechanism for providing eligible retirees with the difference between the PEMHCA minimum and any vested employer contribution for retiree medical. Any changes to existing contract terms would require mutual agreement.

Medical Insurance Opt Out:

Requirements for a full-time employee to receive employer contributions that may be cashed out: Pursuant to the Affordable Care Act (ACA) Employer Mandate “affordability” determination, an eligible opt-out arrangement requires the following in order for employees who opt-out of employer-provided health coverage to receive cash in lieu:
a. Employee must provide reasonable evidence that the employee and each member of the employee’s expected tax family (i.e. individuals for whom the employee expects to claim a personal exemption deduction) has or will have the minimum essential coverage (other than coverage in the individual market, whether or not obtained through Covered California) during the period of coverage to which the opt-out arrangement applies;
b. Employee must provide proof of coverage by completing the Health Insurance Waiver Form.
c. Employee must provide proof of coverage every plan year, by completing a new Health Insurance Waiver Form to which the eligible opt-out arrangement applies; and
d. The opt-out payment cannot be made if the City knows or has reason to know that the employee or any other member of the employee’s expected tax family does not have or will have the alternative minimum essential coverage. - 14 -
Full-Time employees qualified to waive/opt-out of coverage shall receive the following monthly rate. The amount will be paid to the employee as taxable earnings.

FULL-TIME EMPLOYEES

COVERAGE TYPE MONTHLY AMOUNT
Single Party $214.61
Two-Party $429.22
Family $557.98

HOURLY/BENEFITED EMPLOYEES

COVERAGE TYPE MONTHLY AMOUNT
Single Party $200.50
Two-Party or more $390.50
Section 2. Dental Insurance
The City contracts with Delta Dental to provide dental benefits to all full-time and hourly benefited employees and eligible dependents. An open enrollment period is held annually to permit employees to change plans and add/delete dependents. Retired full-time employees may continue dental coverage for self, spouse and eligible dependents with entire cost borne by the retiree. (78-80, 80-81, 82-83, 83-84, 94-95, 97-98, 01-02, 05-07 MOU; PPPM 2-3.2)
Full-time Employees:

The City offers Delta Care and Delta Premiere options. Employees who elect enrollment in the Delta Premiere plan will contribute $50 per month towards the dental insurance premium. Employees who elect enrollment in Delta Care pay no contribution toward dental insurance premium.

Hourly Benefited Employees:

The City offers and pays the dental insurance premiums for Delta Care dental coverage for the employee and eligible dependents.

Section 3. Vision Plan
The City has established a vision care plan for full-time employees, spouses, registered domestic partners and dependents up to the age of 26, consistent with the Affordable Care Act (ACA). There is a $20 deductible for eye examinations and no deductible for frames, lenses, contact lenses, or vision therapy. The employee reimbursement cap is $450 per fiscal year; the spouse, registered domestic partner and other dependents are capped at $400 per person per fiscal year. Employees and eligible dependents may choose laser surgery in lieu of receiving an annual reimbursement for four years. Employees are eligible for $1,400 - 15 -
reimbursement for laser surgery and eligible dependents are eligible for $1,200 reimbursement. If the employee retires or resigns during the four-year reimbursement period, the employee is responsible for reimbursing the City the prorated difference for him/herself and dependents. (95-96, 97-98, 01-02, 05-07 MOU; PPPM 2-3.6) Section 4. Life Insurance
The City pays the premium cost for each full-time employee to receive Basic Life and Accidental Death & Dismemberment (AD&D) insurance under a group policy. The tbasic amount specified in the group contract is $75,000. Employee members may elect additional life insurance and authorize payroll deduction for any premium costs related to policy coverage in excess of the basic amount (including dependent coverage). (91-92 MOU; PPPM 2-3.3a)
Section 5. Long Term Disability Insurance
The City pays the premium cost for each full-time employee to receive long term disability insurance. This plan is administered by Standard Insurance. Full-time employees are eligible on the first day of the month following the first day of employment. However, the employee must not be off duty for illness or injury on that date. If the employee is off, then the effective date is the first day of the month following the date of return to work.

Employees are covered for both sickness and accident. Maximum benefit period for disability due to injury or illness is age 65 or 12 months, whichever is longer. Employees are paid 66 2/3% of basic monthly earnings up to a maximum payment of $8,000. Sick leave, Workers’ Compensation and PERS payments are integrated into this amount. If the employee dies during a period for which benefits are payable, three additional months of payment will be paid to the designated beneficiary. A copy of the actual plan description is on file in the Human Resources office. (PPPM 2-3.4a) Section 6. Physical Examination
Full-time and hourly benefited employees and their spouses are eligible to participate in the annual physical examination program. Employees are invited to participate during the month of their birthday. The cost for the physical is paid for by the employee. If an employee wishes to participate, the employee must identify their choice of physical examination and method of payment. Should the employee wish to pay by payroll deduction, the employee must deduct an amount large enough to pay the cost of the physical within one year. Examinations for full-time employees may be scheduled during regular work hours. At no time will the City review the results of the test. (Letter from City Manager dated 2-24-83; Fee Schedule for Annual Physical; 94-95 MOU) Article VII.
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Leave Benefits
Section 1. Bereavement Leave
Full-time and hourly benefited employees are entitled to a maximum absence of three days with pay for bereavement purposes in the event of death of a member of the immediate family. Leave for benefited houly employees shall be consistent with the employee’s regularly scheduled hours. An employee may take additional leave for bereavement purposes by charging the time off to sick leave. Such leave shall be granted up to the employee’s accumulated sick leave balance with the approval of the employee’s Department Head. Immediate family is defined as father, mother, brother, sister, son, daughter, spouse, registered domestic partner, grandparent, grandchild, father-in-law, mother-in-law, brother-in-law, sister-in-law, son-in-law, daughter-in-law, step-mother, step-father, step-sister, step-brother, step-child and step-grandchild. An employee will be allowed bereavement leave to accompany a minor child (under 18 years old) in the employee’s sole custody if a parent of the child, who is not defined as a member of the employee’s immediate family such as an ex-spouse, passes away. (Res. #5969, IX.7; 77- 78 04-05 MOU; PPPM 6-8)
Section 2. Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA)
An employee is eligible for FMLA/CFRA leave after 12 months of continuous employment, if he or she has worked at least 1,250 hours during the previous 12-month period. FMLA/CFRA leave is unpaid leave. An employee requesting FMLA/CFRA leave may utilize any accumulated leave, except sick leave, for part or all of the leave period, if leave is for a purpose other than the employee’s own serious health condition. If the leave is for the employee’s own serious health condition, any accumulated sick leave must also be used.

Under FMLA, an eligible employee is entitled to a total of 12 work weeks of leave during any 12-month period in four situations: (1) for the employee’s own serious health condition; (2) to care for a family member with a serious health condition; (3) for the birth or placement of a child for adoption or foster care; and (4) to address a “qualifying exigency” involving an employee’s family member on active military duty status in support of a contingency operation.

In addition, an employee is entitled to up to 26 weeks of leave during a single 12-month period to care for a family member or “next of kin” service member who incurs a serious injury or illness while on active duty. The single 12-month period applicable to military caregiver leave can be different from the 12 month period applicable to other FMLA leave.

The CFRA regulation provides that if an employee takes pregnancy disability leave which is also an FMLA leave, and then wants to take CFRA leave to bond with her child immediately after her pregnancy disability leave, the 12-month period during which she must have worked 1,250 hours is that period immediately preceding her first day of FMLA leave based on her pregnancy, not the first day of the subsequent CFRA leave for reason - 17 -
of the birth of her child. (Res. #5969, IX.8; PPPM 6-4.3) Section 3. Flexible Leave
General full-time employees will receive 36 hours of flex leave each fiscal year. As of June 30 of each year, all unused flexible leave up to a maximum of 24 hours shall be carried over to the next fiscal year. Benefited hourly employees will receive 12 hours per fiscal year with a not to exceed cap of 20 hours per fiscal year. (Res. #5969, IX.4; 76-77, 81-82, 83-84, 90-91, 97-98, 01-04, MOU and Addendum to 01-04 MOU, 07-08 MO; PPPM 6- 5)
Section 4. Holidays
The following are observed City holidays:
• New Year’s Day January 1
• Dr. Martin Luther King Jr.’s Birthday Third Monday in January • Lincoln’s Birthday Second Monday in February
• President’s Day Third Monday in February
• Cesar Chavez’s Birthday March 31
• Memorial Day Last Monday in May
• Juneteenth National Independence Day June 19
• Independence Day July 4
• Labor Day First Monday in September
• Veteran’s Day November 11
• Thanksgiving Day Fourth Thursday in November
• Day after Thanksgiving Fourth Friday in November
• The day before Christmas December 24
• Christmas Day December 25
• Every day appointed by the President or Governor as a holiday When a holiday falls on a Saturday, the preceding Friday shall be observed as the holiday.

When a holiday falls on a Sunday, the following Monday shall be observed as the holiday.

Section 5. Bonus Day Holiday
A bonus day off with pay per fiscal year may be taken as a floating holiday for any fulltime general employee who does not utilize any sick leave during the fiscal year. Hourly benefited employees shall receive a prorated number of hours based upon their regular work schedule. (Res. #5969, IX.3; 76-77, 83-84, 86-87, 92-93, 97-98, 05-07 MOU; PPPM 6-7.1)
Section 6. Jury Duty
Leave of absence with pay shall be granted to a maximum of fifteen (15) working days to an employee who serves on a jury. In such cases, the employee shall be paid their regular - 18 -
salary, or their normal hours scheduled to work. Employees on call for jury duty are expected to report for work. Jury and witness fees the employee may receive from court service shall be remitted to the City. Mileage reimbursement will be kept by the employee (Res. #5969, IX, 13; 92-93; 01-02 MOU; PPPM 6-10). On a case-by-case basis, the City Manager may extend said leave of absence with pay for jury duty. (11-12 MOU) Section 7. Leaves of Absence
Leaves of absence without pay may be granted at the sole discretion of the City Manager.

A leave of absence shall be granted only to an employee who desires to return to City service and has a satisfactory service record. The City Council must approve leaves of absence involving pay or benefit issues. (Res. #5969, IX.12; PPPM 6-4.1) Section 8. California Kin Care Leave
Employees may use one-half of their annual sick leave accrual (e.g., 48 hours for full-time employees) to care for their grandparents, grandchildren, and siblings, as well as children, parents, spouse or domestic partner who is ill. Use of sick leave for this purpose is to be recorded on leave slips and turned in with employee time cards. Notice should be given for appointments seven days in advance. If emergencies arise, an exception can be made to this policy. (PPPM 6-3.6)
Section 9. Military Leave
Military leave is granted in accordance with state and federal law. If you are entitled to military leave, you must give the City an opportunity, within the limit of military regulations, to determine when such leave will be taken. Each request for military leave will be referred to the City Attorney for interpretation of such related issues as entitlement to pay, benefits, reinstatement, etc. (See Appendix for Military Leave Policy) (Res. #5969, IX.14; PPPM 6-9)
Section 10. Sick Leave
Sick leave shall not be considered a right, which employees may use at their discretion, but shall be allowed as an employee benefit only in case of actual sickness or disability of the employee which prevents the employee from working. Exceptions are made for cases of pregnancy, childbirth or related conditions, for a doctor’s appointment or to care for a sick child in accordance with these rules and regulations. Up to 32 hours per fiscal year of sick leave may be used for doctor’s appointments.

Employees are eligible to use accrued sick leave at any time after original appointment subject to the provisions of these rules and regulations. Sick leave shall be accrued while an employee is absent from duty because of injury or illness arising out of and in the course of employment as determined under the provisions of workers’ compensation law. - 19 -
In order to receive compensation when absent on sick leave, employees shall notify their department no later than 15 minutes after the time set for beginning their daily duties. When absent for three or more consecutive working days, the employee may be required by the Department Head to obtain and submit a physician’s certification of illness.

Sick leave with pay for full-time general employees shall be accrued at the rate of 8 hours for each calendar month of service beginning with probationary appointment. Benefited hourly employees shall accrue a total of 1 hour sick leave per pay period but only if the employee works a minimum of 20 hours within that pay period. If the benefited hourly employee works a minimum of 32 hours per week per pay period, they will accrue 2.77 hours of sick leave for that pay period. At the discretion of the Department Head, full-time employees only may request an advance of up to five days of sick leave. (PPPM 6-3.1, 6-

3.2, 6-3.4, and 6-3.6)
Section 11. Vacation
General full-time employees on a 40 hour work week schedule will accrue vacation leave as follows:

Years of
Service
0-1
1-2
2-3
3-4
4-5
5-6
6-7
7-8
8-9
9-10
10-11
11-12
12-13
13-14
14-15+
20+
Days per
Year

10.00 11.25

12.50 13.75

15.00 15.50

16.00 16.50

17.00 17.50

18.00 18.50

19.00 19.50

20.00 21.00
Hours per
Year
80 90
100
110
120
124
128
132
136
140
144
148
152
156
160
168
Hours per
Month

6.64 7.52

8.32 9.20

10.00 10.32

10.64 11.04

11.36 11.68

12.00 12.32

12.64 12.96

13.28 14.00
The following methodology is used regarding the initial accrual of vacation time:

Date hired 1st through 15th 16th through end of month
Month hired Accrues vacation Does not accrue vacation
Month terminated Does not accrue vacation Accrues vacation - 20 -
The anniversary month for additional vacation accrual is based on the same time periods.

If an employee is hired before the 15th of the month, the anniversary month is the month hired; if hired after the 15th of the month, the anniversary is the month following.

Benefited hourly employees who work between 20 and 59¾ hours within a pay period shall receive a prorated accrual of 1.85 hours. For each pay period in which the number of hours worked by a benefited hourly employee is 60 hours or more, the bi-weekly accrual rate shall be 3.00 hours.

At the discretion of the Department Head, full-time employees may request an advance of up to five days of vacation.

Vacation shall be accrued when an employee is absent from duty because of injury or illness arising out of and in the course and scope of employment as determined under the provisions of the workers’ compensation law.

Vacation Maximum Accrual
General employees may accumulate 240 vacation hours in their vacation bank. Once this balance has been reached, the Department of Finance and Administrative Services will advise the employee that they must take the vacation and reduce their balance. Employees whose vacation balance exceeds the maximum accrual will be given the opportunity to work with their supervisor/department head on a balance reduction plan. Employees who have extenuating circumstances and request the maximum accrual be temporarily lifted due to an anticipated parenthood leave, extended worker’s compensation leave or similar situation will notify their supervisor and Human Resources of their special circumstance and be granted a temporary reprieve from vacation accrual enforcement. (Res. #5969, IX.5; 76-77, 82-83, 86-87 MOU; PPPM 6-2.1,6-2.3, 6-2.4, 6-2.5 and 6-2.6) Reserve Vacation Bank
Effective within 30 days upon City Council approval of this agreement, the city shall cashout the Reserve Vacation Bank for all non-suppression employees at the dollar value in effect as of June 30, 2021, which is intended to be prior to the COLA raises contained in this agreement. Employees may elect to designate all or a portion of their cash out as deferred compensation (up to the IRS limits).

Thereafter, the Reserve Vacation Bank will be eliminated.

Vacation Cash-Out
An employee may cash-out vacation leave hours once per fiscal year, at straight time rates, a maximimum of 12 hours per member and any hours above the 240 hour cap. The cashout must be designated in writing by December of the prior calendar year and is irrevocable after being designated.
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•
Section 12. Critical Family Leave
At the sole discretion of the City Manager, authorization for whatever amount of paid leave that may be necessary for full-time and benefited hourly employees to care for a child or spouse with a terminal or critical life-threatening situation may be given. This action may be taken at the request of the employee with the concurrence of the employee’s Department Head with full pay and benefits and without loss of seniority. Leave will be exclusive of the employee’s vacation, flex and sick leave. Leave balances do not have to be exhausted for the City Manager to authorize critical family leave. This policy is intended to be applied in conjunction with the Federal Family and Medical Leave Act of 1993 and the California Family Rights Act. (CC 3-14-96, PPPM 6-4.4)
Section 13. Voluntary Vacation and Flexible Leave Time Donation If an employee suffers a personal medical crisis or catastrophic event that requires a prolonged absence from duty that will result in a substantial loss of income to the employee and if the employee has exhausted all available paid leave time, the employee may request assistance from other employees by means of leave time donation. Leave time donation may be in the form of vacation leave, flexible leave or any combination of these two leave types. Sick leave may not be donated.

The value of the donated leave will be paid to the recipient employee at the recipient’s normal rate of compensation. The amounts paid to the recipient employee under the conditions of this policy are treated as regular income of the recipient under Internal Revenue Code Section 61. Employee(s) who donate leave do not incur any income or any deductible expense or loss upon the donation of this leave. Any leave accrued by the recipient employee during a pay period will first be applied, supplemented by voluntary leave donations in order for the recipient to receive a regular paycheck. Under no circumstances will the recipient employee be paid for more than their regular number of hours in a pay period.

On a case-by-case basis, the City Manager may allow voluntary donations of vacation and flex leave to an employee who suffers a catastrophic event. The City Manager may seek recommendation from a committee, made up of one member from each of the recognized employee associations and the Human Resources Office, regarding the determination of a catastrophic event. The City Manager’s decision shall be final and not subject to appeal. (PPPM 6-13)
Section 14. Family School Leave
In accordance with the California Labor Code, a full-time employee may take up to 40 hours per calendar year, not exceeding 8 hours in any calendar month, to participate in their children’s school or licensed day care facility activities. The employee shall utilize vacation leave, flexible leave or time off without pay for this purpose. The employee shall - 22 -
give reasonable notice of the planned absence. The City may require the employee to provide documentation from the school or licensed day care facility as proof that they actually participated in the activities on the specified day at a particular time. (Res. 5969, IX.10; PPPM 6-2.6)
Article VIII.

Additional Benefits
Section 1. Tuition Reimbursement
All full-time employees shall be eligible for tuition advancement or reimbursement of preapproved education or professional development expenses up to the maximum of $4,000 per fiscal year. Eligible fees include tuition and textbooks. All other fees are subject to approval by the City. School supplies are not reimbursable. The employee must complete the course(s) listed on the tuition reimbursement agreement with a passing grade of “C” or better or pass/fail. The employee must remain employed with the City after completion of the course for a period of one year, or refund to the City the full amount reimbursed for the course(s). (Res. #5969, X.3; 1977, 95-96 MOU; PPPM 9-1.2) There is no tuition reimbursement for hourly benefited employees except for those requiring certification. (Res. #5969, X.3; 1977, 95-96 MOU; PPPM 9-1.2) Section 2. Uniforms
Uniforms provided are as follows. Any and all parts of the uniforms may be replaced at the discretion of the Department Head.
• Lifeguard Personnel – two shirts, one pair of shorts, one swimming suit for instruction, one swimming suit for lifeguarding. Parkas are available on location for use, but are not required.
• Public Safety Officers – Two short sleeve shirts, one class “A” shirt, two pairs of pants, one class “A” pair of pants, one jacket, one pair of boots, one rain coat, one utility belt with accessories, one Sam Brown belt and one tie. • Public Works Maintenance, Inspectors, and Storekeeper – six shirts, six pairs of pants or shorts, if desired, one jacket, one pair of boots and one hat. Safety belts for maintenance personnel only.
• Recreation Leaders – Two shirts upon hire, one additional shirt mid-summer and one jacket. Employees may purchase additional uniforms. • Teachers – Three shirts.
• Bus Drivers – Five shirts, five pairs of pants or shorts and one jacket. • Heritage Park Rangers – Two dress shirts, two polo shirts, two pairs of pants, one jacket, one pair of boots and one belt.

Uniforms issued by the City are considered as compensation and the value of such is reported to the Public Employees’ Retirement System annually as special compensation.

Those items issued as safety equipment, even if worn as part of regular duty, are exempt - 23 -
from being reported as compensation. These items include steel toe safety shoes/boots, high visibility orange shirts, hard hats and high visibility orange work jackets. (PPPM 2-

9.1 and 2-9.2)
Section 3. Employee Personal Computer Purchase Plan
Any (non-probationary) full-time employee or hourly benefited employee with five years of service with the City is eligible to purchase a personal computer or digital camera in conjunction with a computer; peripheral equipment and software through an interest free loan of City funds. Only one computer loan is allowed at a time. Repayment is guaranteed through bi-weekly payroll deductions. The employee agrees that the computer equipment is for their own or their immediate family’s use only. The minimum loan amount is $500 and the maximum loan amount is $3,000. Full details for this plan may be found under PPPM 7-8.2. (CC action of 1-8-98 and 5-10-01; PPPM 7-8.2) Section 4. Section 125 Program
The City has implemented an Internal Revenue Section 125 program which allows employees to allocate specified amounts of monthly pre-tax salary or wages for the reimbursement of medical care expenses or dependent care expenses or both. (PPPM 2-6) Section 5. Employee Assistance Program
The City provides an Employee Assistance Program (EAP) for full-time employees.

Employees contact the EAP provider confidentially on an as-needed basis.

Article IX.

Appointments, Promotions, and Temporary Assignments
Section 1. Original and Promotional Appointments
Original or promotional appointments shall be made by the City Manager from among the candidates on a certified eligibility list who indicate a willingness to accept the position.

The individual standing first on any given closed promotional list should generally be appointed by the Department Head. Any other appointment must receive approval by the City Manager. When an employee is promoted, the employee shall be entitled to the step in the new range which provides at least a 5 ½% increase. (PPPM 5-1; PPPM 5-6.2) Section 2. Appointment – Probationary Status
Full-Time employees are on probation for six months from the date of hire and hourly benefited employees are on probation for one year from date of hire. During the probationary period, employee performance evaluations are required. A probationary employee may be terminated without appeal during the probationary period. The appointment is made to regular status at the end of the probationary period upon the recommendation of the Department Head and the approval of the City Manager. In the event the probationary employee’s performance does not qualify for regular status, the City - 24 -
Manager may grant a one-time extension of the probationary period up to the length of the original probationary period. (Res. #5969, VII.1 and .2; PPPM 5-9.1) Section 3. Temporary Appointments
When vacancies occur that appear to be of a temporary duration but are not emergencies, a temporary appointment may be made. Such appointments will be made primarily in those cases where the incumbent has been temporarily disabled because of an on or off the job injury. When the duration of the incumbent’s absence is expected to be of such length that the replacement will be required to assume virtually all responsibilities inherent in the position, a temporary appointment will be made. Temporary appointments must be made from an appropriate eligibility list, if one exists. The appointment will be made on the recommendation of the Department Head with the approval of the City Manager.

Temporary appointees are not in the same status as regular employees and only attain such after receiving a regular appointment. (PPPM 5-1; PPPM 5-4.1) Section 4. Veteran’s Preference
Veterans of the Armed Forces of the United States of America will be given preference over other identically qualified applicants on an eligibility list. (PPPM 4-8 and State Government Code Section 50088)
Section 5. Eligibility Lists – Certification
The Human Resources Office shall certify lists of candidates who have successfully competed in examinations. The names may be placed on the list in order of their total rating in the examination or may be grouped in a tier based on similar ratings. The list will be certified for a minimum of one year and a maximum of two years. The list may be extended at the discretion of the City Manager. A candidate’s name may be removed from the eligibility list for any of the following reasons:
• Appointment to fill a position for which the examination was given • Evidence that the candidate no longer meets the qualifications of the position • Removal by the City Manager after rejection of the candidate for a vacant position by the Department Head
Whenever a vacant position is to be filled, the Department Head shall consider the candidates and recommend one from the appropriate list to the City Manager unless the Department Head rejects in writing all candidates. (PPPM 4-6.1) Article X.

Employment Policies
Section 1. Alcohol and Drugs
It is the policy of the City of Santa Fe Springs that employees shall:
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• Not report to work, or be subject to City duty, while under the influence of unlawful drugs, controlled substances or alcohol
• Not possess or ingest alcohol or impairing drugs, including illegal drugs and prescription drugs without prescription, during work hours or while subject to duty, on breaks, during meal periods or at anytime while on City property • Not directly or through a third party sell or provide drugs or alcohol to any person, including any employee, while either or both employees are on duty or subject to being called to duty
• Not use City property or premises to manufacture, sell or distribute alcohol, unlawful drugs or controlled substances during work and non-work hours • Notify their supervisors before beginning work when they are taking legally prescribed medication which could foreseeably interfere with the safe and effective performance of their duties or the operation of City equipment The use of illegal drugs or controlled substances, on or off the job, by City employees will not be tolerated and is grounds for immediate termination. (See Appendix for Alcohol & Drug Abuse Policy revised as of 02-09-06) (PPPM 7-10)
Section 2. Computer Usage
The City’s Computer Usage policy outlines the use of the City’s electronic mail (e-mail) system by all full-time and hourly employees, as well as elected officials, independent contractors, seasonal employees and any vendors with authorized use of the City computer resources. Technology staff will change your password on a regular basis (annually). All City electronic media is to be used for City and employment purposes only and is not to be used for personal non-job related purposes. Electronic media includes all computers, computer equipment, hardware, peripherals, medium (connection lines), cameras, televisions and telecommunications equipment of any kind, whether owned, leased, rented or used by the City. It also includes all documents, records, software, and stored and deleted files relating to City business regardless of form including but not limited to hard copy, computer stored data, disks, hard drives, tapes and any other form in which data may be stored or retained.

Employees have no privacy rights or expectations thereto in any transmission created, received or sent using City property whether the employee is on working time or not.

Routine searches or inspection of City property may include computer files, voice mail boxes or similar places where City property or City related information may be placed or stored, regardless of whether such places are locked or protected by access codes or passwords. Because even a routine search might result in discovery of employee personal possessions, employees are encouraged not to bring into the workplace any item of personal property that the employee would not want revealed to the City. (See Appendix for Electronic Media Policy revised as of 02-02-06) (PPPM 7-8.1) Section 3. Harassment, Discrimination and Retaliation
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In keeping with the City’s strong commitment to providing a work environment that is free of harassment, discrimination and retaliation, the City maintains a strict policy prohibiting harassment, discrimination and retaliation by or against any of its employees, applicants, volunteers, independent contractors, customers, invitees and members of the public. The City prohibits harassment in any form, including verbal, physical or visual harassment.

The City will not tolerate discrimination or harassment based upon race, color, national origin, ancestry, sex, sexual orientation, disability, medical condition, marital status, age or religion. All employees are to be treated with dignity and respect. Employees who believe they have been discriminated against or harassed by a co-worker, vendor, volunteer or member of the public should report the allegation to their Department Head, the City Manager or Human Resources. An investigation of the allegations will be conducted immediately and appropriate disciplinary action will be taken in the event that the allegations are substantiated.

Each employee is personally liable under the Fair Employment and Housing Act (FEHA) for unlawful harassment perpetuated by that employee.

False Claims: An employee who deliberately makes a false claim or charge of unlawful discrimination or harassment will likewise be subject to disciplinary action up to and including termination.

Retaliation: Any retaliation against a person for filing a discrimination or harassment charge or making a discrimination or harassment complaint or a person assisting in a discrimination or harassment investigation is prohibited. An employee found to be retaliating against another employee, volunteer or person in the act of volunteering shall be subject to disciplinary action up to and including termination. (See Appendix for Harassment, Discrimination and Retaliation Policy revised 02-9-06) (CC Minutes 10-28- 97, AB 1856; PPPM 5-13-.5)
Section 4. Military Leave
In accordance with state and federal laws, the City will grant military leave to all employees. Any employee who is ordered to report for military duty shall, after receiving such an order, promptly provide the City with notice of the order to report along with a written request for military leave and a copy of the order. However, an employee is not required to provide the City with notice if the giving of such notice is precluded by military necessity or, under all of the relevant circumstances, the giving of such notice is otherwise impossible or unreasonable. (See Appendix for Military Leave Policy revised as of 02-09- 06) (PPPM 6-9)
Section 5. Workplace Safety/Security
The City is committed to providing a work environment that is safe, secure and free of intimidation, threats and violence. The City maintains this commitment with a policy of “zero tolerance” to acts of violence and by training its employees to recognize and - 27 -
effectively respond to violent/potential violent behavior in the workplace. All acts of violence or force, either threatened or actual, are prohibited and are met with disciplinary action, up to and including termination and criminal prosecution. (See Appendix for Workplace Safety/Security Policy revised as of 02-16-06) (PPPM 5-13.2; 7-2; 8-9.1; 8-

9.2)
Section 6. Workplace Safety, Security, Inspection and Access To ensure a safe work environment, the City reserves the right, based upon reasonable suspicion, to inspect, search and access all property which is brought to or utilized by an employee in the workplace. This property includes, but is not limited to, offices, facilities, vehicles, desks, tool boxes, safes, lockers, files, file cabinets, closets, documents, computer data storage, voice and e-mail, internet use, telephones, electronic data, file and fax transmissions and audio/video tape recordings. The City reserves the right to conduct searches described in this policy without notice or consent of the affected employee or that employee’s representative. Searches shall be conducted with the approval of the City Manager or designee, by the employee’s supervisor, law enforcement and Human Resources. (PPPM 8-9.2)
Section 7. Tuberculosis (TB) Testing
The State and County require those employees in direct contact with children to be tested for tuberculosis once every four years. The provision applies to the following employee groups: (PPPM 12-1.5)

1. Library and Cultural Services personnel

2. Public Safety Officers

3. Recreation personnel

4. Family and Human Services personnel
Section 8. Blood-borne Pathogens and Hepatitis B Vaccinations Employees who can be “reasonably anticipated” to come in contact with contaminants and potentially infectious materials through the performance of their work are subject to this policy. This would include employees in the following job classifications:

1. Bus Drivers

2. Recreation personnel

3. Family and Human Services personnel

4. Public Safety Officers

5. Maintenance Workers

6. Designated Maintenance personnel
These classifications are deemed to be within the group of employees that may have frequent contact with infectious materials. Employees who may have frequent contact are required to receive the Hepatitis B vaccination series. Vaccinations will be available to the - 28 -
employee within 10 working days of job assignment at no cost to the employee. Employees must sign a declaration form if they choose not to be vaccinated but may later opt to receive the vaccine at no cost. Should booster doses later be recommended, employees will be offered them at no cost to the employee. (PPPM 12-4)
Section 9. Additional Employment
Employees must report outside employment to their Department Head prior to the start of employment utilizing the City’s “Additional Employment” form. The City Manager or Department Head may prohibit or restrict additional employment if it would bring discredit or embarrassment to the City, reduce the effectiveness of work as an employee of the City, create a conflict or perceived conflict with the employee’s duties of the City or create a potential conflict when an employee’s outside employment is related to employment matters of another City employee. Reasonable conditions may be attached to the approval of additional employment. Employees are expected to give priority to City work if called for emergency duty or required to work overtime. (Res. #5969, XIV; PPPM 10-2) Section 10. Gambling
Gambling or conducting games of chance is not permitted on City premises or on City time or by utilizing City property for on-line gambling. (Res. #5969, XI.5, PPPM 5-13.1) Section 11. Gifts and Gratuities
City employees are prohibited from receiving personal gifts, including gratuities, from citizens, persons or firms doing business with or being regulated by the City or likely to do business with or be regulated by the City. (Res. #5969, XI.5), PPPM 5-13-.1) In addition, City employees will also abide by the restrictions on gifts and honoraria, set forth by the Fair Political Practices Commission.

Section 12. Use of City Vehicles
City vehicles shall be used for official business only and only as authorized. Seat and shoulder belts are to be used at all times. Failure to follow this policy shall result in disciplinary action. Employees must have a valid California driver’s license whenever they drive City vehicles or use their own vehicle for City business. (PPPM 8-6.1 and 8-6.2) Section 13. No Smoking in City Vehicles
Smoking is prohibited in City vehicles or while operating City equipment. (PPPM 8-6.6) Section 14. Driver’s License
Designated employees required to drive City vehicles in the line of duty will be enrolled in an DMV Employer Pull Notice Program. Enrollment in the Pull Notice Program will enable the City to learn of any citations or changes in the employee’s driver’s license which may impact their ability to drive as part of their work duties. Driver’s License will be - 29 -
checked once a year for all other employees by the Human Resources Office. If a position requires a Commercial driver’s license, the employee is responsible for obtaining the license. If an employee in another classification is requested by the City to obtain a commercial license, the City will reimburse the employee for the cost of the license.

Employees driving City vehicles without a valid California Driver’s License are subject to serious disciplinary action. If an employee’s driver’s license status changes in any way, the employee must immediately advise their supervisor and the Human Resources Office. (PPPM 8-6.3a)
Section 15. Use of Personal Vehicles
Employees shall be reimbursed for mileage while driving in personal automobiles on City business at the rate approved by the City Council. This is for employees who use their own cars on official City business and who have a current “Automobile Insurance Affidavit” on file in Human Resources. Employees who drive a personal vehicle while on City business must complete an “Automobile Insurance Affidavit”. Each employee must identify whether they carry sufficient liability insurance of at least the following:
• $50,000 injury per person
• $100,000 bodily injury each occupant
• $25,000 property damage each occupant or
• $100,000 combined single limits
Employees who do not carry automobile insurance or do not have sufficient coverage are not permitted to drive their personal vehicles for City business.

City employees are prohibited from working on personal vehicles on City premises and using City equipment and supplies. Said work can only be done if it is approved in advance by the Director of Public Works (or his designee). (PPPM 2-10, 8-6.4 and 8-6.5) Section 16. Bids for City Jobs
Employees may submit bids for City jobs. A conflict of interest would not exist so long as the employee was not in a position to determine who would be awarded the contract. (PPPM 7-5.1)
Section 17. Political Activities of Employees
No City employee will solicit, either directly or indirectly, political contributions, favors, etc. from other City employees on behalf of any political candidate. No City employee will use their position in the City to benefit any political candidate. No City employee will engage in political activities during working hours or while in uniform at any time. City employees are permitted to exercise their political rights like any other citizen during their off-duty hours when out of uniform. (PPPM 7-7)
Article XI.
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Layoff and Reductions in Force
Section 1. Layoff and Reductions in Force
Whenever it becomes necessary for one or more employees to be laid off because of lack of work or financial reasons, all non-regular employees in the affected classification shall be laid off before any regular employees and in the following order: emergency, provisional and temporary. If additional reductions are necessary, regular employees in the affected classifications shall be laid off in reverse order of their seniority. If the person in one of the affected classifications has seniority over someone in a lower classification, the person with seniority may accept a voluntary demotion to a lower classification if the employee is qualified for the classification. This process may continue until the person in the lowest classification with the least seniority is laid off. All employees laid off shall be given written notice of such layoff at least 10 working days prior to the effective date of the layoff. (PPPM 5-12.1)
Section 2. Seniority and Bumping Rights
Full-time seniority shall be defined as regular full-time City service within the affected vertically related classifications. Regular service time shall include probationary time in the affected classification if regular status has been acquired. Hourly/part-time hours accumulated in the City do not have consideration in full-time seniority calculations. “Bumping” into a lower related classification shall occur on the basis of total seniority attained within a series of vertically related classifications. Vertically related classifications carry cumulative seniority downward and not upward. For example, an employee who has five years of seniority as an Administrative Clerk II and five years seniority as an Administrative Clerk I (10 years total) is in a senior position to an Administrative Clerk I who has nine years of seniority in that classification. An Administrative Clerk I with 11 years of seniority in that classification is in a senior position to the Administrative Clerk II cited in the example above. Length of qualifying service, not rank, is the determining factor when calculating seniority.

Seniority calculations shall not include time on unpaid leave, time on inactive service or time during breaks in City service. (PPPM 5-12.2)
Section 3. Layoffs – Call-backs
The names of regular and probationary employees laid off shall be placed on a reemployment list for the class of positions involved in the layoff. Persons on the list shall retain eligibility for reappointment for a period of three years from the date the name was first placed on the list. Recall shall be by inverse order, i.e., the most recent person laid off shall be first rehired. Persons reinstated shall return to the same position and step previously held. Persons who are on a reemployment list and have committed an offense while on layoff which would have been cause for termination, will not be reinstated. Any person who is refused reinstatement because of the commission of such an offense may - 31 -
appeal such action to the City Manager and to the Personnel Advisory Board. (PPPM 5-

12.3)
Section 4. Lay-off Procedures
The parties agree to discuss during the term of this MOU.

Article XII.

Appeal and Grievance Rights and Procedures
Section 1. Appeal Process
An employee who has been subject to disciplinary action, excluding written or oral counseling, warnings or reprimand shall be entitled to appeal such action to the City Manager and to the Personnel Advisory Board in accordance with the proper procedures.

Res. #5969, XI.6; PPPM 11-3)
Section 2. Grievance Procedure
A grievance is defined as a claim of violation, misinterpretation or misapplication of a specific written City or Department rule or regulation or specific provision of a Memorandum of Understanding. A grievance procedure has been established to provide adequate opportunities for employees to bring forth their concerns relating to any claim of unfair or improper aspect of their employment situation and to seek correction.

The employee concerned shall first make efforts to resolve the grievance with the immediate supervisor. In the event a mutual solution is not reached, the aggrieved employee may submit the complaint in writing. The complaint shall set forth all the facts necessary to understand the issue involved. The grievance shall be signed by the employee and submitted to the immediate supervisor within 10 calendar days of the resolution effort.

The Department Head shall make an investigation of the facts and issues. Within 10 calendar days of receipt of the grievance statement, the Department Head shall reply in writing stating the department’s views on the issue involved.

If the employee wishes to discuss the grievance further, the employee shall submit a written request for a meeting with the City Manager within 10 working days of the receipt of the Department Head’s reply.

The requested meeting will be held by the City Manager at the earliest date possible at which the employee, the Department Head, and any other persons invited by the City Manager, the employee, or the Department Head may be present. The decision made by the City Manager as the result of the findings and conclusions determined at this meeting shall be final. However, in cases which involve alleged violations of the Personnel Resolution or Personnel Rules, the employee may, within 10 calendar days, request that the issue be submitted to the Personnel Advisory Board if the employee does not accept - 32 -
the decision of the City Manager.

Upon receipt of the request from the employee, the Personnel Advisory Board shall conduct hearing(s) as it deems necessary to determine the pertinent facts related to the alleged violation of Personnel Resolution No. 5969, Personnel Policies and Procedures or personnel rules. The employee(s) and management representative(s) shall have the right to appear before the Board and to have counsel present. If either party appears before the Board, both shall be present. Within 10 calendar days of the conclusion of the Board’s hearing(s), it shall certify its findings and submit them to the City Manager for consideration. Any action thereafter taken by the City Manager affirming or modifying his earlier decision shall be final. (Res. #5969, XII.2; PPPM 11-1, 11-2) Article XIII.

Other Legal Clauses
Section 1. Non-discrimination
The City and the Association agree that they shall not discriminate against any employee because of race, citizenship status, uniformed service member status, religion, color, national origin, ancestry, physical disability, mental disability, medical condition (cancer or genetic characteristics), marital status, sex (including gender and pregnancy), age,sexual orientation (including heterosexuality, homosexuality and bisexuality) or the exercise of rights under the Meyers-Milias-Brown Act. The City and the Association shall reopen any provision of this MOU for the purpose of complying with any final order of a federal or state agency or court of competent jurisdiction requiring a modification or change in any provision or provisions of this MOU or to be in compliance with federal or state antidiscrimination laws.

Section 2. Severability
Should any provision of this MOU be found to be inoperative, void or invalid by a final decision of a court of competent jurisdiction, all other provisions of the MOU shall remain in full force and effect during the term of this Memorandum of Understanding.

This MOU is intended to set forth the full statement of wages, hours and other terms and conditions of employment for employees represented by the Association during the term of this MOU. The City’s personnel rules, policies and procedures are included in full in City Personnel Resolution No. 5969 and the City Personnel Policy and Procedures Manual (PPPM) and incorporated into the MOU by reference. If a provision in City Resolution No. 5969 or PPPM contradicts the MOU, the MOU governs. The parties agree that during the term of this MOU they shall not seek to negotiate or bargain concerning wages, hours, or other terms and conditions of employment, regardless of whether covered by this MOU or in the negotiations leading thereto irrespective of whether such matters were discussed or were even within the contemplation of the parties hereto during the negotiations leading to this MOU. Regardless of the waiver contained in this paragraph, the parties may, by mutual agreement, and in writing, agree to meet and confer by any matter during the term of this MOU.

Should an additional, viable source of City revenue become available during the term of this Agreement, the City agrees to evaluate the possibility of relieving any portion of any concessions provided by the Association in the MOU.

Section 5. Parity
The City agrees to reopen this agreement, if 1) any other bargaining unit receives any benefit(s) greater to that which is contained in this agreements.

Section 6. Ratification and Execution
This MOU shall be effective only upon ratification by the Association and adoption by the City Council. Subject to the foregoing, this MOU is hereby executed by the authorized representatives of the City and the Association.

City of Santa Fe Springs Santa Fe Springs Employees Association ______________________________ _______________________________ Annette Rodriguez, Mayor Richard C. Brown, President
______________________________ _______________________________ Date Date

APPENDIX B

1 City of Santa Fe Springs
Electronic Media
(Revised February 9, 2006)
POLICY:

Definition of Electronic Mail (e-mail):

E-mail is defined as the electronic mailsystem used by employees to communicate information that would otherwise be in the form of a conversation, telephone conversation, or, written documentation. The City's e-mail system exists solely for the purpose of conducting City business, and is not intended for personal use. However the incidental use of electronic mail that may contain non- City related matters is permitted. This incidental use should be limited, and must not interfere with employee productivity.

Records Management:

Those E-mail messages which are intended to be retained in the ordinary course of City business and recognizedas official records by theCalifornia Public Records Act, should be stored inan electronic file folder outside the e-mail system (such as your personal hard drive and/or network system drive) or printed and the hard copy filed in the appropriate subject file. Such e-mail messages will be subject totheCity'sRecordRetention Schedule andmay become public records unless exempt from disclosure under other applicable provisions of the Public Records Act(example: personnelfiles, attorney-client communications, etc.) In addition, e-mail items are also subject to the Brown Act, therefore all email discussions between electedofficials must follow theBrown Act guidelines.

E-mail messages that are deleted by the user will be electronically deleted by Technology Services from all computer devices and systems on the 45th day after receipt.

Privacy:

The following privacy guideline s are established to ensure the protection of the City of Santa Fe Springs in accordance with all Federal and/or State regulations. Confidentiality is not provided for on the e-mail system. Accordingly, employees should have no expectations of privacy in their e mail messages (or any other data files residing on City owned hardware), whether sent or received.

While e-mail messages and other data files will not be routinely monitored, the City reserves the right for authorized staffto access and review all e-mail messages and data files on the City's information systems at any time. Reasons for doing so include but not limited to:
• Retrieving lostdata.
• Recovering from system failures or monitoring system performance. • Complying with lawful requests for inforn1ation.
• Ensuring that City information systems are being used in accordance with this policy.

APPENDIX C
2 Employees of the City of Santa Fe Springs, who are approved for access to any of the city's computer systems, or have access to any of the city personal computers are bound by the policies and procedures stated herein. By accepting access and signing on to the system, you agree to abide by these policies.

Access Limitations:

While the City reserves the right to access and review all data on its information systems, no employee, including Director of Technology Services, Technology Services Staff, or independent contractor is allowed to access e-mail or other data files for other than business purposes.

Prohibited Use of Electronic Mail:

E-mail messages may not be used in any manner that violates City rules, policies and procedures.

Email shall not be used for any illegal, offensive or harassing purposes. Inappropriate, illegal or offensive use of the E-mail system can result in disciplinary action up to and including termination.

Prohibited use of the E-mail system includes and is not limited to, the following activities:
• Transmittal of anything in violation of any federal, state or local law, ordinance or regulation. • Misrepresentation, under any circumstances, of an employee'strue identity • Compromise the integrity of the City and its business operations in any way. • Break the law by sending chain letters or copies of documents in violation of copyright laws, or by committing any other illegal acts.
• Contain offensive, abusive, threatening or obscene language or graphics. • Violate the City's affirmative action or sexual harassment policies by including content that is sexually explicit or could be construed as discriminatory based on race, national origin, sex, sexual orientation, age, disability, or religious or political beliefs. • Transmittal of a security code or password
• Distribution of chain letters and spam
• Advertise or promote commercial ventures, religious beliefs or political causes. • Result in private gain or advantage for the employee (such as conducting business related to economic interests outside of City employment); or violate the City's ethics policy. • Downloading of entertainment software or games, including participation in Internet gaming.

Receipt of Inappropriate Electronic-Mail:
3 If you receive aninappropriate email message under these guidelines, pleasecontactyour department head or the Director of Finance and Administrative Service s or theCity Manager.

Email Guidelines:

Employees who are granted E-Mail access are required to abide by the following guidelines.

Employees are to:

1. Remember that they are representing the City through their communications both internally and externally, and it is critical that they maintain a positive image for both themselves and the City.

2. As a good business practice, E-Mail is to be checked at least once each work day and messages responded to promptly.

3. Capitalized words should only be used to emphasize an important point. Capitalizing whole words are generally considered shouting.

4. Be professional and careful of what issaid about others. E-mail is easily forwarded and blind copied.

5. Be cautious when using sarcasm and humor, without face to face communication, humor may be viewed as criticism or harassment.

6. The maximum mailbox limit you have is 200 megabytes. You can check the size of your mailbox by clicking tools on the menu bar and select the mailbox cleanup item.

7. You are limited to a maximum of 10 megabytes when sending an email internally or externally.

8. You are limited to a maximum of 10 megabytes when receiving an email internally or extern ally.

9. When sending out an email, please limit the use of fancy graphics or backgrounds or animated icons/graphics. They are not necessary and take up unwanted disc space and bandwidth. Remember, not all employees are connected to the network via high bandwidth connection.

10. When sending out an e-mail with a file attachment, take care of the size of document. Not all employees arecoru1ected to the network via high bandwidth connect ion. A simple email with a 1 megabyte file attachment can take up to 30 minutes to open up depending on the bandwidth.

11. Tag each email with your name, title, email address, and your telephone number.

12. Do not send a message that you would not want published. It is common for an innocent note to be misconstrued, causing embarrassment or liability to the user or to the City.

13. Work out problemsface-to-face, not on E-mail.
4 14. Protect your password, and alwayslog off when not using the system.

15. Technology staff will change your password on a regular basis (annually). 1 City of Santa Fe Springs
Harassment, Discrimination and Retaliation Policy
(Revised February 9, 2006)
POLICY:

Because itis unlawful to engage in workplace harassment, discrimination and retaliation, theCity has a strong commitment to provide a work environment that is free of harassment, discrimination and retaliation. The City has zero tolerance for these unlawful acts by or against any of its employees, applicants, volunteers, independent contractors, customers, invitees and members of the public.

The City prohibits harassment and discrimination based on an individual's race, citizenship status, unifom1ed service member status, religion, color, national origin, ancestry, physical disability, mental disability, medical condition (cancer or genetic characteristics), marital status, sex (including gender and pregnancy), age or sexual orientation (including heterosexuality, homosexuality and bisexuality). The City also prohibits harassment in any form, including verbal, physical or visual harassment.

In addition, the City prohibits retaliation against an individual for filing a complaint or participating in the complaint investigation and resolution process.

POLICY COVERAGE:

This policy applies to all tem1s and conditions of employment, including but not limited to, hiring, placement, promotion, disciplinary action, layoff, recall, transfer, leave of absence, compensation and training.

This policy prohibits employer officials, officers, employees, volunteers or contractors from harassing, discriminating and retaliating against applicants, officials, officers, employees, volunteers, contractors, vendors, invitees and members of the public because: (1) of an individual's protected classification, (2) of the perception that an individual has a protected classification, or (3) the individual associates with a person who has or is perceived to have a protected classification.

Individuals found to have violated this policy are subject to disciplinary action up to and including termination.

DEFINITIONS

1. Protected classifications: race, citizenship status, unifom1ed service member status, religion, color, national origin, ancestry, physical disability, mental disability, medical condition (cancer or genetic characteristics), marital status, sex (including gender and pregnancy), age or sexual orientation (including heterosexuality, homosexuality and bisexuality).

2. Harassment may include conduct taken by those who are not employees, such as elected officials, appointed officials, persons providing services under contracts or even members of the public.

Prohibited harassment includes but is not limited to the following types of behavior that is taken because of a person's protected classification:

APPENDIX D
2 a. Speech, e.g., epithets, derogatory comments or slurs and propositioning on any of the above enumerated bases.
b. Physical acts, e.g., leering, making sexual gestures, offensive touching or assault, impeding or blocking movement, or any physical interference with normal work or movement, when directed at an individual on any of the above enumerated bases.
c. Visual insults of harassment, e.g., derogatory posters, cartoons, or drawings on any of the above enumerated bases.
d. Sexual favors, e.g., unwanted sexual advances, requests for sexual favors and/or other conduct of a sexual nature which occurs under the following circumstances:
i. Submission to such conduct is explicitly or implicitly made a term or condition of employment/volunteering; or
ii. Submission to or rejection of such conduct is used as the basis for employment decisions affecting the employee, applicant or volunteer status; or iii. Such conduct has the purpose or effect of substantially interfering with the individual's performance and/or creating an intimidating, hostile or offensive working/volunteer environment.
e. Harassment includes any conduct which would be "unwelcome" to an individual of the recipient's same protected classification and which is taken because of the recipient's protected classification.
f. It is no defense that the recipient appears to have voluntarily "consented" to the conduct at issue. A recipient may not protest for many legitimate reasons, including the need to avoid being insubordinate or to avoid being ostracized.
g. Simply because no one has complained about a joke, gesture, picture, physical contact or comment does not mean that the conduct is welcome. Harassment can evolve over time.

Small, isolated incidents might be tolerated to a point. The fact that no one is complaining now does not preclude anyone from complaining if the conduct is repeated in thefuture. h. Even visual, verbal and/or physical conduct between two individuals who appear to welcome it can constitute harassment of a third individual, i.e., applicant, officer, official, employee, volunteer, contractor, vendor, invitee or member ofthe public who observes the conduct or learns about the conduct later. Conduct can constitute harassment even if it is not explicitly or specifically directed at anindividual.

3. Discrimination is treating individuals differently because of the individual's protected classification as defined in this policy.

4. Retaliation is adverse conduct which is taken because an applicant, employee, volunteer, 3 contractor, invitee or member ofthe public hasreported harassment or discrimination, or has participated in the complaint and investigation process. a. Adverse conduct includes: taking sides because an individual has reported harassment or discrimination, spreading rumors about a complainant, shunning and avoiding an individual who reports harassment or discrimination, real or implied threats of intimidation to prevent an individual from reporting harassment or discrimination. b. The following individuals are protected from retaliation: those who make good faith repo1is of harassment or discrimination, those who associate with an individual who is involved in reporting harassment or discrimination, and those who participate in the complaint or investigation process.

COMPLAINT PROCEDURE

1. An applicant, employee, volunteer or independent contractor who believes that he/she has been harassed, discriminated against or retaliated against should immediately submit a written and/or verbal complaint to the City regarding the facts of the incident(s) and the name(s) of the individual(s) involved. There is no need to follow the chain of command:
a) Immediate supervisor;
b) Any supervisor or manager within or outside of the department; c) Department Head; or
d) Human ResourcesManager.

2. If the complaint is against a Depa1iment Head, the complainant submits his/her complaint directly to the CityManager.

3. A supervisor or department head who receives a complaint, or otherwise becomes aware of a violation of this policy, must immediately notify the Human Resources Manager about the complaint and/or policy violation. Failure to do so may result in disciplinary action, up to and including· termination.

4. Upon receiving notice. of a complaint alleging harassment/discrimination/retaliation, the Human Resources Manager, or another individual designated by the City Manager, shall:
a) Authorize and supervise the investigation of the complaint and/or investigate the complaint. The investigation will include interviews with: i) the complainant; ii) the accused harasser; and iii) other persons who have relevant knowledge concerning the complaint.
b) Review the factual information gathered through the investigation to determine whether the alleged conduct constitutes harassment, discrimination or retaliation giving consideration to all factual inforn1ation, the totality of the circumstances, including the nature of the conduct, and the context in which the alleged incidents occurred.
4 c) Report a summary of the detern1ination as to whether harassment occurred to appropriate persons, including the complainant, the alleged harasser, the supervisor, and the department head. If discipline is imposed, the level of discipline will not be communicated to the complainant.

5. If conduct in violation of this Policy occurred, the Human Resources Manager or another individual designated by the CityManager, shall:
a) Take and/or recommend to the appointing authority prompt and effective remedial action where the action is c011m1ensurate with the severity ofthe offense; b) Take reasonable steps to protect the complainant from further harassment, discrimination or retaliation; and
c). Take reasonable steps to protect the complainant from retaliation as a result of communicating the complaint.

6. If the complaint is against a patron of City services, theCity willtake reasonable steps within its power to investigate and remediate the problem.

INVESTIGATION
City employees, volunteers, contractors, officers and officials who are interviewed during the course of an investigation of any harassment/discrimination/retaliation complaint are prohibited from discussing the substance of their interviews, except as otherwise directed by a supervisor or the Human Resources Manager. Any individual who discusses the content of an investigatory interview will be subject to discipline or other appropriatesanction.

The City of Santa Fe Springs will not disclose a completed investigation report except as it deems necessary to support a disciplinary action, to take remedial action, to defend itself in adversarial proceedings or to comply with the law ora court order.

CONFIDENTIALITY
Confidentiality will be maintained to the extent possible. However, complete confidentiality is not possible because the City must fully investigate and has the duty to take effective remedial action.

APPENDIX E

City of Santa Fe Springs
Military Leave
(Revised February 9, 2006)
POLICY:

Military leave will be granted to all employees in accordance with state and federal laws. Any employee who is ordered to report for military duty shall, after receiving such an order, promptly provide theCity with notice of the order to report along with a written request for military leave and a copy of the order. However, an employee is not required to provide the City with notice if the giving of such notice is precluded by military necessity or, under all of the relevant circumstances, thegiving ofsuch noticeisotherwise impossible or unreasonable. The request formilitary leave shall state the date when the leave of absence begins and the anticipated date of return.

WAGES AND BENEFITS:

A. An employee who is on temporary military leave, and who has been in City service for at least one year, is entitled to receive his/herfull compensation for the first 30 calendar days of such leave provided that the period of ordered duty does not exceed 180 calendar days. Such compensation shall not exceed 30 days in any one fiscal year. In determining the one year of City service, allservice ofsaid employee in a recognized military service shall be counted as City service. TheCity is not legally responsible for compensation forinactiveduty training; therefore, anemployee on temporary military leave forinactive duty training is noteligible to receive compensation.

B. An employee's benefits, vacation, sick leave, holiday privileges,seniority, etc., will continue to accrue while on temporary military leave in the same manner as if the employee were working fortheCity during that time. However, an uncompleted probationary period, if any, must be completed upon reinstatement as provided by law or City rules and regulations.

C. An employee who has been ordered to military duty and is on military leave, other than temporary military leave, and who has at least one yearservice with theCity before the date that his/her military leave begins, shall be provided with full compensation for the first 30 calendar days of military leave in any one fiscal year. However, an employee who is ordered to active duty as a member ofthe National Guard shall receive his/her full compensation for the first 30 calendar days ofmilitary leave,regardless ofthe length of his/herservice with the City.

D. An employee on military leave for the purpose of active duty, except as a member of the National Guard, shall not accrue sick leave or vacation while on such leave. An employee who is ordered to active military duty as a member of the National Guard shall accrue vacation and holiday privileges during his/hermilitary leave, but notsick leave, asif he/she had not taken militaryleave.

E. An employee returning from military leave is entitled to non-seniority based rights and benefits. as are generally provided by the City to employees having similar seniority, status and pay who are on furlough or non-military leave of absence under a contract, agreement, policy, practice, or plan in effect at the time of his/her military service or established while the employee performs military service.

APPENDIX F
RE-EMPLOYMENT:

A. An employee on military leave is entitled to be reinstated to l1is/her previous position (or a position of similar seniority, status and pay) with the City upon termination of his/her military duty. If no position exists, then the returning employee shall have the same rights that he/she would have had if he/she occupied the position when it ceased to exist and he/she had not taken any military leave of absence.

B. The returning veteran shall provide his/her Department Head with oral or written notification of his/her request for reinstatement. The returning employee must also submit proof that he/she received a discharge from military service that was not dishonorable. A dishonorable discharge from military service would require review by the City Manager.

1. Employees returning fromactivemilitary duty mustseek reinstatement with theCity within six (6) months after returning from active military duty.

2. If an employee is hospitalized, convalescing or recovering froman illness or injury incurred or aggravated during the active duty, the employee must report at the end of the period needed for recovery up to two years, unlessthe ability to report within the twoyear period is made impossible or unreasonable due to circumstances beyond the employee's control.

3. The right to reemployment does not extend to an employee who fails to return to his/her job position within twelve (12) months after the first date that he/she could terminate his/her active military service.

C. The City may refuse to reemploy a returning service member for the following reasons:

1. The City’s circumstances have changed so much as to make the reemployment impossible or unreasonable.

2. The reemployment would cause undue hardship on the City.

3. The employment from which the person left was for a brief, non-recurrent period and there is no reasonable expectation that the job would continue indefinitely or for any significant period.

Revised 2/16/2006
City of Santa Fe Springs
Workplace Violence/Security
(Revised February 16, 2006)

PURPOSE
To establish a safe working environment through prevention, control, response and evaluation of violence in the workplace; to educate and train City personnel on how to properly respond to potential and actual violations of the City of Santa Fe Springs' Violence in the Work Place Policy.

POLICY
The City is committed to providing a work environment that is safe, secure and free of intimidation, threats and violence. The City intends to maintain this commitment with a policy of "zero tolerance" to acts of violence, and by training its employees to recognize and effectively respond to violent/potential violent behavior in the workplace.

All acts of violence or force, either threatened or actual, are prohibited and shall be met with disciplinary action, up to and including termination and criminal prosecution. These include acts directed toward elected officials, employees, volunteers, contractors, or the public, either on public or private property.

The City further prohibits the presence, possession, exhibition or the carrying of firearms, knives, crossbows, explosives, hazardous materials, or other weapons which are prohibited by law, whether concealed or not, at or in the workplace. (This policy is not intended to prevent authorized officers or agents whose jobs require the carrying and use of weapons from doing so as authorized under State law.) Exception: Fire Safety personnel, Public Works Maintenance and Inspectors, and Home Repair Crew may utilize knives that meet the following requirements:
l. The blade must fold. No fixed blade is permitted.

2. The maximum blade length in the open position is 4". The maximum blade width is l".

3. The blade shall have only one edge designed for cutting (no two-edged blades).

4. The cutting edge may have no more than 1 ½" of serrations. The serrations must be at the proximal end of the blade (near the handle) and must be continuous.

5. The knife may not be carried in a concealed location. It must be carried in its casing (folded).

6. Carrying of more than one knife is prohibited.

7. The knife must be commerciallyavailable.

8. The knife is to be used as a tool. Use of the knife asa weapon in prohibited.

The City offers an Employee Assistance Program (EAP) for all City employees to receive support in handling any difficulties that may arise. When such difficulties become known, departments should info1m affected employees of the services provided by the EAP.

I. SYMPTOMS OF POTENTIAL VIOLENT BEHAVIOR:
• Increased use of alcohol and/or illegal drugs.
• Unexpected increase in absenteeism.
• Noticeable decrease in attention to appearance and hygiene. • Explosive outburst of anger or rage without provocation. • Depression/withdrawal.
• Suicidal: comments about "putting things in order" and the impact on others in case of his/her permanent departure.
• Comments approving publicly reported incidents of workplace violence, "I wish I could do that (bland) too".

APPENDIX G
Revised 2/16/2016
• Frequent, vague physical complaints.
• Noticeably unstable emotional responses.
• Behavior which suggests paranoia such as "everybody is against me". • Talking about previous incidents of violence (may include child/spouse abuse and barroom-type fighting).
• Increased mood swings.
• Inappropriate comments to co-workers and supervisors about other employees or situations. • Resistance and overreaction to changes in procedures and policies. • Repeated violations of company policies.
• Increase of unsolicited comments about firearms and other dangerous weapons, violent crimes, and empathy with individuals committing violence.
• Escalation of domestic problems.
• Loner, effective socially.

II. DEFINITIONS:

A. Weapon - any item, tool or object which can be used as a dangerous weapon, including those which are defined as such by law.

B. Workplace Violence - violence in which an individual inflicts, or threatens to inflict, on others at the place of work, damage to property, serious harm or injury to a person, or death.

C. Violence - any acts or attempt to frighten, intimidate, injure, damage or destroy another person or property, e.g., gestures, innuendos, intimidation, physical force, retaliation, self-prediction of loss of control, stalking, strong negative feeling/emotion or written/verbal threats.

D. Threat - a direct or implied oral or written statement expressing intent to inflict physical harm and/or actions that a reasonable person would perceive as a threat to physical safety or property. The following are some examples, but not an inclusive list, of behaviors that may be considered threats:

1. Striking, punching, slapping or assaulting another person

2. Fighting or challenging another person to fight

3. Actions or works tending to provoke reaction

4. Grabbing, pinching or touching another person in any m1invited/unwanted way

5. Engaging in dangerous, threatening or uninvited horseplay

6. Possession, use, or threat of use, of a gun, knife or other weapons of any kind on City property, including parking lots, other exterior premises, vehicles, or while engaged in activities for the City in other locations. (This policy is not intended to prevent authorized officers or agents whose jobs require the carrying and use of weapons from doing so as authorized under State Law.) E. Harassing Conduct - a direct or implied oral or written expression of intent to cause emotional and/or physical harm. The following are some examples, but not an inclusive list, of behaviors that may be considered harassing conduct:

1. Teasing and practical jokes that cause anger or humiliation

2. Intimidation, bullying

3. Angry outbursts

4. Verbal abuse, name calling, biting sarcasm, or obscene language

5. Threats (verbal, written or gestured)

6. Harassment (general or sexual)

7. Throwing or breaking objects

8. Romantic obsessions and stalking
Revised 2/16/2016
F. Self-expression - all individuals have the right to self-expression; however, the City has a "zero tolerance" policy toward all expressions of violence or potential violence. Because intent may not always be discerned by co-workers, no employee of the City shall joke about physical acts of violence.

G. Threat Management Team - an organized group of individuals/positions whose responsibility it is to manage and mitigate workplace violence issues. The team is comprised of the following: City Manager, Director of Finance and Administrative Services, Human Resources Manager, Director of Police Services, Director of Community Intervention Services, Assistant Director of Police Services, and alternate support personnel.

H. Police Services Crisis Incident Team - an organized group of sworn and non-sworn City and contract law enforcement personnel whose responsibility it is to respond to community violence issues. The team is comprised of the following positions: Director of Police Services, Director of Community Intervention Services, Assistant Director of Police Services, and a dedicated Whittier Police Sergeant.

III. LEVELS OF VIOLENCE:

A. Level I

1. Spreads malicious rumors or gossip to harm others

2. Is constantly swearing at others

3. Refuses to obey City policies and procedures or to cooperate with their supervisor

4. Consistently argues with co-workers

5. Makes unwanted sexual comments orovertures

6. Is belligerent toward other employees, customers orclients B. Level II

1. Expresses threats of suicide

2. Argues increasingly with customers, vendors, co-workers, and management

3. Expresses intent to sabotage equipment and/or steal property

4. Expresses intent to hurt co-worker and/or management

5. Sends sexual or violent notes to co-worker and/or management

6. Engages in physical touching of a sexual nature

7. Engages instalking

8. Participates in a physical altercation

9. Expresses threat

10. Displays firearms, knife, explosive or weapon
C. Level III
l. Recurrent suicidal or homicidal threats

2. Recurrent physical altercations

3. Destruction or improper useof property

4. Sabotage of equipment or theft of property

5. Use of weapons or other objects that cause harn1

6. Acts of murder, rape, or other violent acts
Revised 2/16/2006
IV. RESPONSIBILITIES:

A. Levels I and II

1. Supervisors and Managers - it is the responsibility of all managers and supervisors to ensure that a safe workplace exists. In the event of a direct or implied threat, or an act of violence, the immediate supervisor or responsible personshall:
a. Immediately inform the employee who was threatened, that threats or acts of violence will not be tolerated, and that an investigation will take place. b. Immediately inform the accused employee that threats or acts of violence will not be tolerated and disciplinary action may follow. The employee should be strongly encouraged to access the services of the EAP.
c. Avoid escalating the situation by making counter threats or humiliating the employee who is allegedly threatening violence.
d. Evaluate the need to remove the employee who allegedly made the threat or committed the act of violence from the workplace.
e. If the accused employee makes a threat and presents a danger by their presence on the job, the employee shall be required to leave the workplace immediately. (The Human Resources Office shall subsequently determine the pay status of the employee.)
f. Take reasonable steps to prevent escalation of threats or acts ofviolence. g. Conduct a full investigation of the facts by gathering information from individuals who were at the scene where the alleged threat or act was committed. (IV.A.3) h. Supervisors and management will immediately take measures, appropriate for the situation, to prevent harm topersons or property.
i. When appropriate, the local law enforcement agency will be called for assistance. (IV.B.3)
j. Supervisors or Department Heads will immediately .contact the Human Resources Office for assistance or appropriate action to take before the employee can return to work or to seek guidance for the conduct of the investigation.

2. Employees - every employee is responsible for compliance with this policy, and to report any and all acts or threats of violence immediately to department management without fear of reprisal. The report of an act or threat of violence should include at a minimum the information listed in "Investigations, Section C" described below. In addition, employees will adhere to the following:
a. All threats need to be reported and taken seriously. Employees who become aware of an allegation that a threat may have been made will promptly notify department management of the details of the alleged threat. b. In the event an employee obtains a restraining order against another person, the employee is required to repo1t this information and provide written documentation to department management and Police Services to ensure a safe workplace. A description of the individual (photograph if available) whom the restraining order is filed against should also be provided to department management and Police Services. Under certain circumstances, the City can offer Revised 2/16/2016
assistance in obtaining a restraining order against persons who are harassing, threatening or stalking employees.
c. Get copies of restraining orders if the individual appears at City facility and allow employees to be informed of the provisions of the restraining order such as distance limitations.
d. If an individual, who has allegedly made a threat, unexpectedly arrives at the workplace, the employee making the observation shall notify their supervisor who will then advise the Department Head and call for law enforcement assistance, if needed.

3. Investigations - all reported acts of threats of violence will be investigated by the Whittier Police Department, Police Services Department, with the assistance of the Human Resources Office. a. Prior to beginning any investigation, the investigating officers must become aware of the employee's rights in such circumstances. This shall be done prior to the interviewing of any witnesses or accused employee.
b. Through regular fact-finding procedures, document what was said and what was heard when the alleged threat was made:
(1) Who committed the act of violence and the names of any victims or witnesses? (2) What was said or done (be asaccurate as possible)?
(3) When did the incident occur?
(4) Where did the incident take place?
(5) Why was the act committed?
c. Collect written statements from everyone involved. Take pictures of personal injuries and/or property damaged.
d. The Human Resources Office shall maintain files and records relating to workplace violence.

B. Level III

1. Supervisors and managers:
a. Call 911 and request assistance
b. Assist the responding agencies as directed by containing the area and providing necessary information
c. Notify the Department Head and the Human Resources Office of the incident and action taken
d. Document all pertinent info1mation and assist the Human Resources Office and Threat Management Team with the administrative investigation

2. Human Resources Office:
a. Dispatch a representative to the incident location to work with the responding law enforcement, fire agencies and Police Services' Crisis Incident Team. b. Activate the Threat Management Team and the Police Services Depa1iment's Crisis Incident Team.
c. Work with responding agencies/departments to obtain all necessary facts and evaluate the situation for the best course of action, e.g., the closure of City facilities or services for a period of time, sending employees home, and/or immediate disciplinary action. d. Assist traumatized or affected employees as needed by coordinating immediate non-emergency transportation, trauma assistance, contacting Police Revised 2/16/2016
Services' Crisis Incident Team, family members or next-of-kin, if needed. e. Ensure that appropriate safety procedures are followed for risk management purposes. f. Keep appropriate management personnel and City Attorney, if necessary, apprised of the situation at hand.
g. At the end of the incident, coordinate the administrative investigation with the appropriate departments, Threat Management Team, and supp01t personnel. h. Assess the need for and coordinate follow-up crisis counseling and employee assistance with the Threat Management Team and Police Services' Crisis Incident Team.

3. Department of Police Services:
a. Take action to mitigate any immediate danger
b. Assess the need for police intervention in a non-emergency situation c. When applicable, complete a police report
d. Advise the victim of the option to obtain a civil restraining order against the identified suspect(s)
e. Facilitate appropriate searches for dangerous weapons on City prope1ty or pursuant to a criminal or administrative investigation
f. Advise all parties that the criminal investigative interviews take precedence over administrativeinterviewsoftheinvolvedparties
g. Provide or obtain professional counseling for victim(s) h. Advise and dispatch Crisis Incident Team

4. Fire Department:
a. Provide immediate medical treatment, if needed
b. Coordinate additional fire/medical responses. *All direction of fire/police/ medical will be through their respective chains of command. Firefighters and emergency personnel shall not enter an unsecured location to address first aid and other property/life threatening conditions until they are advised that it is safe to enter by the police.
c. Maintain an update of the status of the incident

5. City Attorney
a. Upon notification of the incident, assess the need for legal assistance b. Make contact with City Manager and Human Resources Office c. Assist with administrative investigation by reviewing facts and.evidence, and directing staff on course of action
d. Advise staff on legal issues to protect the City from potential claims and litigation, e.g., personnel, safety, medical and political issues

6. Threat Management Team:

As necessitate by the seriousness of the incident, the Human Resources Office may assemble the Threat Management Team to establish protocol in the event of a threat or violent incident that includes, but is not limited to:
a. Evaluating potential violence programs
Revised 2/16/2016
b. Assessing an employee's fitness for duty through a mental health professional and Director of Intervention Services
c. Selecting intervention techniques to include defusing and debriefing d. Establishing a plan for the protection of co-workers and other potential targets e. Coordinating with affected parties such as victims, witnesses, employees' families, media, or law enforcement personnel
f. Referring victims toappropriate assistance and community service programs g. Assuring that immediate and ongoing counseling is available to traumatized individual(s) and their families.

MEMORANDUM OF UNDERSTANDING
between the

CITY OF SANTA FE SPRINGS
and the
SANTA FE SPRINGS FIREFIGHTERS ASSOCIATION, Inc.

AFL-CIO Local 3507
July 1, 2021– June 30, 2024
- i -
Table of Contents
Preamble ..................................................................................................................................1 Article I. Recognition and Rights ..................................................................................................1 Section 1. Representation and Duration.......................................................................................1 Section 2. Recognition .................................................................................................................1 Section 3. Release Time ...............................................................................................................1 Section 4. Labor Relations Committee ........................................................................................2 Section 5. Bulletin Board Space ..................................................................................................2 Section 6. Employee Orientation/Employee Information .............................................................2 Section 7. Association Dues Deduction .......................................................................................2 Article II. Management Rights ......................................................................................................3 Section 1. General Provision........................................................................................................3 Section 2. Disciplinary Action and Employment Separations .....................................................3 Section 3. Re-Opener ...................................................................................................................4 Section 4. Waiver .........................................................................................................................4 Article III. Work Period, Hours and Staffing ..............................................................................4 Section 1. Work Period - 24 Hour Shift Schedule .......................................................................4 Section 2. Work Period - Not on 24 Hour Shift Schedule ...........................................................5 Section 3. Work Schedule – Suppression Employees .................................................................5 Section 4. Suppression Staffing ...................................................................................................5 Section 5. Station and Shift Transfer and Bid System ................................................................5 Section 6. Modified Duty .............................................................................................................7 Article IV. Wages and Compensation ...........................................................................................7 Section 1. Pay Plan ......................................................................................................................7 Section 2. Wages ..........................................................................................................................8 Section 3. Paramedic Pay Rate ....................................................................................................8 Section 4. Educational Pay ..........................................................................................................9 Fire Safety Unit & Chief Officer’s Unit (Non-Environmental) ....................................................9 Section 5. Educational Pay – Urban Search and Rescue (US&R) Stipend .................................9 Section 6. Special Assignment Pay – Hazardous Materials Specialist Stipend .........................10 Section 7. Special Assignment Pay - Bilingual .........................................................................10 Section 8. Special Assignment Pay – Self Contained Breathing Apparatus (SCBA) Testing and Maintenance ..............................................................................................................10 Section 9. Special Assignment Pay - Administrative Captain ...................................................10 Section 10. Special Assignment Pay - Emergency Medical Services Coordinator ...................11 Section 11. Special Assignment Pay - Underground Storage Tank UST Inspections ...............11 Section 13. Acting Pay - Time Exchanges .................................................................................11 Section 14. Excellence in Performance Pay ..............................................................................11 Section 15. Longevity Pay .........................................................................................................11 Section 16. Temporary Pay ........................................................................................................12 Section 17. Standby Compensation ...........................................................................................12 Section 18. Overtime Compensation .........................................................................................12 Section 19. Time Exchanges ......................................................................................................13 Section 20. Call Back Compensation.........................................................................................13 Section 21. Deferred Compensation Program ...........................................................................13 - ii -
Section 22. Cost of Living Data .................................................................................................14 Article V. Retirement Benefits .....................................................................................................14 Section 1. For Fire Safety, Environmental and Chief Officer’s Unit employees hired prior to November 19, 2012 (Classic Members/Tier 1), the City shall provide the CalPERS 3% @ age 50 retirement formula. .............................................................................14 Section 2. For Fire Safety, Environmental and Chief Officer’s Unit employees hired between November 19, 2012 and December 31, 2012, or those that meet the CalPERS definition of Classic Members (Tier 2), the City shall provide the CalPERS 3% @ age 55 retirement formula. ........................................................................................15 Section 3. For Fire Safety, Environmental and Chief Officer’s Unit employees hired on or after January 1, 2013, and meet the CalPERS definition of “New Member” set forth in Government Code 7522.02©, shall be eligible for the retirement plan pursuant to California Public Employees’ Reform Act of 2013 (PEPRA)..................................16 Section 4. For Environmental Unit employees hired on or after July 1, 2020 with active CalPERS membership established prior to January 1, 2013, the City shall provide CalPERS Second Level Miscellaneous 2% @ age 55 retirement formula. ..............17 Section 5. For Environmental Unit employees hired on or after July 1, 2020, and meet the CalPERS definition of “New Member” set forth in Government Code 7522.02©, shall be eligible for the retirement plan pursuant to California Public Employees’ Reform Act of 2013 (PEPRA). .................................................................................17 Section 6. Sick Leave Cash Out and Sick Leave Credit ............................................................18 Section 7. Sick Leave Cash Out at Retirement ..........................................................................18 Article VI. Health and Other Insurance Benefits ......................................................................18 Section 1. Health Insurance .......................................................................................................18 Retire Medical:..........................................................................................................19 Medical Insurance Opt-Out: .....................................................................................19 Section 2. Dental Insurance .......................................................................................................20 Section 3. Vision Plan ................................................................................................................20 Section 4. Life Insurance ...........................................................................................................20 Section 5. Long Term Disability Insurance ...............................................................................21 Section 6. Physical Examination................................................................................................21 Article VII. Leave Benefits ...........................................................................................................22 Section 1. Bereavement Leave ...................................................................................................22 Section 2. Family Medical Leave Act (FMLA) and California Family Rights Act (CFRA) ....22 Section 3. Flexible Leave ...........................................................................................................22 Section 4. Holidays ....................................................................................................................22 Section 5. Jury or Witness Duty ................................................................................................23 Section 6. Leaves of Absence ....................................................................................................23 Section 7. California Kin Care Leave ........................................................................................23 Section 8. Military Leave ...........................................................................................................23 Section 9. Sick Leave .................................................................................................................24 Section 10. Vacation ..................................................................................................................25 Section 11. Critical Family Leave .............................................................................................27 Section 12. Leave Usage for National Marrow Donor Program (NMDP) ................................28 Section 13. Voluntary Vacation and Flexible Leave Time Donation ........................................28 Section 14. Family School Leave ..............................................................................................28 - iii -
Article VIII. Additional Benefits.................................................................................................28 Section 1. Tuition Reimbursement ............................................................................................28 Section 2. Uniforms...................................................................................................................29 Section 3. Employee Personal Computer Purchase Plan...........................................................29 Section 4. Section 125 Program.................................................................................................29 Section 5. Employee Assistance Program .................................................................................29 Article IX. Appointments, Promotions and Acting Assignments.............................................30 Section 1. Appointment – Probationary Status..........................................................................30 Section 2. Promotional Appointments.......................................................................................30 Section 3. Promotion of Firefighter/Paramedic to Engineer......................................................30 Section 4. Acting Assignments..................................................................................................31 Section 5. Temporary and Conditional Appointments ..............................................................31 Section 6. Promotions – Educational Requirements..................................................................32 Section 7. Appointment – Due to Disability..............................................................................32 Section 8. Veteran’s Preference.................................................................................................33 Section 9. Eligibility Lists – Certification .................................................................................33 Article X. Employment Policies...................................................................................................33 Section 1. Alcohol and Drugs....................................................................................................33 Section 2. Electronic Media.......................................................................................................34 Section 3. Harassment, Discrimination and Retaliation ............................................................34 Section 4. Workplace Safety/Security .......................................................................................34 Section 5. Workplace Safety, Security, Inspection and Access.................................................35 Section 6. Tuberculosis (TB) Testing ........................................................................................35 Section 7. Blood-borne Pathogens and Hepatitis B Vaccinations.............................................35 Section 8. Additional Employment............................................................................................35 Section 9. Gambling...................................................................................................................36 Section 10. Gifts and Gratuities.................................................................................................36 Section 11. Use of City Vehicles...............................................................................................36 Section 12. No Smoking in City Vehicles.................................................................................36 Section 13. Use of Personal Vehicles........................................................................................36 Section 14. Bids for City Jobs....................................................................................................37 Section 15. Political Activities of Employees............................................................................37 Article XI. Working Conditions..................................................................................................37 Section 1. Injury and Illness Prevention Program .....................................................................37 Section 2. Training.....................................................................................................................38 Article XII. Layoff and Reductions in Force..............................................................................38 Section 1. Layoff and Reductions in Force................................................................................38 Section 2. Seniority and Bumping Rights..................................................................................39 Section 3. Layoffs – Call-backs.................................................................................................39 Article XIII. Appeal and Grievance Rights and Procedures....................................................39 Section 1. Appeal Process..........................................................................................................39 Section 2. Informal Hearing Procedure .....................................................................................39 Section 3. Formal Hearing Procedure:.......................................................................................40 Article XIV. Other Legal Clauses................................................................................................44 Section 1. Non-discrimination ...................................................................................................44 Section 2. Severability ...............................................................................................................44 - iv -
Section 3. Strikes, Work Stoppages and Slowdowns ................................................................44 Section 4. Applicability of Memorandum of Understanding.....................................................44 Section 5. Acknowledgement ....................................................................................................45 Section 6. Ratification and Execution ........................................................................................45

APPENDIX
Job Titles/Salary Schedule…………………………………………………………...………....A Alcohol and Drug Abuse Policy…………………………………………………………..…….B Electronic Media Policy…………………………………………………………………..…….C
Harassment Policy………………………………………………………………………………D
Injury and Illness Prevention Program Policy Statement…………………………….………....E Military Leave Policy…………………………………………………………………………...F
Workplace Violence/Security Policy………………………………………………...................G - 1 -
Preamble
It is the purpose of this Memorandum of Understanding (hereinafter referred to as the “MOU”) to promote and provide for harmonious relations, cooperation, and understanding between the City and its representatives and the local fire employees covered under this MOU and to set forth the agreement of the parties reached as a result of good faith negotiations regarding wages, hours and other terms and conditions of employment of the employees covered under this MOU, which agreement the parties intend jointly to submit and recommend for City Council approval and implementation.

Article I.

Recognition and Rights
Section 1. Representation and Duration
This MOU is between the City of Santa Fe Springs (City or Employer) and the Santa Fe Springs Firemen’s Association, Inc. affiliated with the International Association of Firefighters and recognized therewith as Santa Fe Springs Firefighters Union Local 3507 (hereinafter referred to as the Association) representing Fire Safety Unit, Environmental and Chief Officers Unit/Fire Management (Fire Chief & Battalion Chiefs)
The term of this MOU agreement shall be effective July 1, 2021 through June 30, 2024, and for the duration of any agreed upon extension.

Section 2. Recognition
Pursuant to the provisions of City Council Resolution No. 3005, the City recognizes the Association as the exclusive bargaining representative with regards to the meet and confer process relating to wages, hours, and other terms and conditions of employment contained in this MOU. The job titles represented by the Association are those identified in Appendix A. The City shall recognize its obligations under this MOU, the Meyers-Milias-Brown Act, Government Code Section 3500, et.seq.

Section 3. Release Time
During periods of formal labor negotiations between the Association and City, Association negotiation team members who are on-duty shall be taken out of a response mode to the extent possible. Association Board members will be granted reasonable time-off without loss of pay but for not more than two consecutive 24-hour shifts at any one time, and limited to not more than five Board members at any one time, to attend but not exclusively limited to legislative and employeremployee relations conferences. Approval by the Fire Chief and City Manager for release time requests of this nature beyond two meetings per year is needed. The Association will use its bestfaith efforts to keep the frequency and number of members attending to a reasonable level. The Association will always work with department management to ensure that the release time requested is properly scheduled to avoid undue hardship to the operations of the department. All expenses associated with such release time will be borne by the Association unless otherwise permitted by the City. (PPPM 6-1.3, 05-06 MOU)
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Section 4. Labor Relations Committee
A Labor Relations Committee composed of two City representatives, two Association representatives and the Fire Chief or their designee may meet at a mutually agreed upon frequency to discuss workplace issues regarding wages, hours and working conditions, or special projects related to those areas. When beneficial, the committee may consult with outside individuals with specific knowledge on the topic of discussion. (PPPM 7-9.) Section 5. Bulletin Board Space
The Association will be permitted to maintain at each station and in an area accessible for all represented employees adequate bulletin board space suitable for the display of Association business.

Section 6. Employee Orientation/Employee Information
Pursuant to Government Code §3358 and in compliance therewith, the City will notify the Association’s President in writing or via email regarding all new hires at least ten (10) days prior to the employee’s orientation unless there is an urgent need that was not reasonably foreseeable. Within the earlier of thirty (30) days after the date of hire or by the first pay period of the month following the hire of each newly hired employee, the City will provide the Association President with the new employee’s name, job title, department, work location, work email, and work phone numbers. No other information from the City is being requested by the Association even though the Association may be entitled to such additional information under law. The Association reserves the right to request more frequent represented employee information as required.

The new hire will receive a copy of the MOU with his/her new employee orientation packet. The Association shall be permitted one (1) hour for each orientation session to privately talk to new bargaining unit members to explain the rights and benefits under the MOU.

The City will provide the Association President a quarterly list of all employees in the represented bargaining unit, including the employee’s name, job title, department, work location, work email, and work phone number.

Section 7. Association Dues Deduction
The City shall deduct from each paycheck of unit employees the regular [periodic] membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the Association. Such deductions shall be made only when the Association member’s earning for a pay period are sufficient after other legally required deductions are made.

The Association hereby certifies that it has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. The Association membership dues shall be deducted each - 3 -
pay period in accordance with City procedures and provisions of applicable law from the salary of each employee whose name is provided by the Association.

The Association shall indemnify the City from any claims relating to the City’s compliance with this Dues Deduction provision, except for any claims arising from City’s own negligence.

Article II.

Management Rights
Section 1. General Provision
The exclusive rights of the City include, but are not limited to, the right to determine the mission of its constituent departments, divisions, or commissions and boards; set standards of service and municipal fees and charges; determine the procedures and standards of selection for employment, assignment, transfer, and promotions; direct its employees; take disciplinary actions; relieve its employees from duty for legitimate reasons; maintain the efficiency of governmental operations; determine the methods, means, and personnel by which governmental operations are to be conducted; determine the content of job classifications; take all necessary actions to carry out its mission in emergencies; exercise complete control and discretion over its organization and the technology of performing its work. The City is in no way precluded from seeking alternative ways of providing fire service if the City Council deems it is in the City’s best interest to do so including, but not limited to, entry into the Los Angeles County Fire Protection District, consolidation with one or more municipal fire departments, and the possible closure of or combination of one or more fire stations.

The parties recognize that there are existing ordinances, resolutions, and policies relating to benefits and other conditions of employment and the same are not affected by this Agreement except as provided herein. The City agrees not to reduce or abridge the level of supplemental benefits currently available to all safety employees during the term of this Agreement without mutual consent.

The parties hereto recognize that the City shall and will retain the exclusive right to manage and direct the performance of City services and work force performing such services. The City and Association agree that nothing in this Memorandum of Understanding shall in any way abridge, restrict or modify the rights and prerogatives of the City as set forth in Section 6 of Resolution No. 3005 of the Santa Fe Springs City Council and such section is hereby incorporated by this reference and made part hereof as though set forth in full. (Resolution No. 3005, PPPM 7-1 and 7-2) Section 2. Disciplinary Action and Employment Separations An employee may be suspended, demoted, or dismissed whenever the employee’s work or conduct - 4 -
so warrants. Any such action shall be in accordance with the procedures as set forth in the Personnel Resolution. Whenever employee performance falls below the required level or when an employee’s conduct falls under one of the causes for action listed in the Personnel Resolution, the supervisor shall inform the employee promptly and specifically of such lapses. If appropriate and justified, following a discussion of the matter, a reasonable time for improvement or correction may be allowed before any further disciplinary action is initiated. In situations where oral warning has not resulted in the correction of the condition or where more severe initial action is warranted, a written reprimand shall be sent to the employee and a copy placed in the employee’s personnel file. When other forms of disciplinary action have proved ineffective, or where the seriousness of the offense or condition warrants, the Fire Chief may reduce pay, transfer, demote or dismiss the employee for any cause listed in the Personnel Resolution No. 5969. (Res. #5969, XI.1; PPPM 5-13.1, PPPM 11-

3.1)
Suspensions - In those cases where one or more written reprimands have not proven to be effective, or in those cases where the seriousness of the events or conditions warrant it, an employee not on a 24 hour shift schedule may be suspended without pay by the Fire Chief for each offense for any cause listed in the Personnel Resolution. A safety employee on a 24 hour shift schedule may be suspended without pay by the Fire Chief for each offense for any cause listed in the Personnel Resolution. (Res. #5969, XI.1; PPPM 5-13.1, PPPM 11-3.1) Section 3. Re-Opener
If state or federal law is adopted or documented evidence indicates a significant change in the City’s financial conditions which adversely affects the City’s capability to meet the terms of this agreement, any part or the total agreement can be open to the meet and confer process during the term of this agreement.

Section 4. Waiver
Except as provided herein, the Association hereby expressly waives any right to request any improvements or changes in salaries, benefits or other terms and conditions of employment for the employees represented by the Association which would take effect prior to July 1, 2020, and the City of Santa Fe Springs, through its representatives, shall not be required to meet and confer as to any such request.

Article III.

Work Period, Hours and Staffing
Section 1. Work Period - 24 Hour Shift Schedule
The work period for Firefighters, Engineers and Captains on a 24 hour shift schedule shall be 24 consecutive 24 hour days commencing at 7:31 a.m. on the first day and ending at 7:30 a.m. on the 24th day. Safety employees not on a 24 hour shift schedule will work a seven day work cycle, commencing on Monday at 12:01 a.m. and ending the following Sunday at midnight. (Res. # 5969, IX.1; 87-88, 88-89, 92-93, 01-02 MOU; PPPM 6-1.1)
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Section 2. Work Period - Not on 24 Hour Shift Schedule
The traditional work period is a seven day work cycle beginning on Monday at 12:01 a.m. and ending on the following Sunday at midnight. Upon the authorization of the Fire Chief, employees may work a traditional 5/40, 4/10 or 9/80 work period. For employees working the alternative work schedule known as the 9/80, each such employee’s work week shall begin and end four hours into the eight hour work day which the employee works in alternating weeks. Regularly scheduled hours within the 7 day work period shall be comprised of 40 hours. (Res. # 5969, IX.1 and IX.2; 87-88, 88-89, 92-93, 04-05 MOU; PPPM 6-1.1)
Section 3. Work Schedule – Suppression Employees
The work schedule for fire suppression employees will be a 48/96 work schedule whereby each employee will work two consecutive 24 hour shifts, or 48 straight hours, followed by four consecutive 24 hour days, or 96 hours, off from work. No employee shall work more than 120 consecutive hours without consent from the Fire Chief. Strike team deployment is exempt from this provision. Any employee who works 120 consecutive hours shall be required to take off at least 24 consecutive hours before being allowed to return to work. The Fire Chief and/or Battalion Chief reserves the prerogative to determine, at their discretion, whether an employee has become so fatigued or otherwise unable to perform the functions of their job. If it is determined that an employee has become so fatigued or unable to perform their duties, the Chief shall have the prerogative to relieve the employee from further duty and send them home on unpaid status. The employee may use accrued and unused vacation or flexible leave to cover the remaining portion of the scheduled shift if qualified relief is available to work.

Section 4. Suppression Staffing
The minimum level of staffing will be 15 fire personnel per shift. This will consist of one Battalion Chief, four Captains, four Engineers, two Firefighter/Paramedics and four Firefighters per shift.

Section 5. Station and Shift Transfer and Bid System
The following Station and Shift Transfer and Bid System will remain in effect during the term of this MOU. If problems occur during the term of the MOU, the City and the Association will meet to look at alternative approaches to resolve those problems. If the problems cannot be worked out to the satisfaction of both parties, the City will revert back to its previously effective Transfer and Rotation programs at the discretion of the Fire Chief.

Transfers may be initiated in two ways:
• Employee Requested
• Department Initiated
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Employee Requested Transfers
A. Open Position Transfer:
• When a station and shift assignment has been vacated by annual bids, promotion, termination, retirement or severance of employment, it may be filled through the open position transfer process.
• Notice of vacancies shall be posted on Fire Department bulletin boards and department e-mail.
• Any employee desiring to fill a vacant position must submit a written request to the Administrative Battalion Chief within seven (7) calendar days of posting of the vacancy.
• If more than one employee requests to be transferred to an open position, consecutive seniority in current rank shall be the determining factor. • The transfer request will be approved or denied, in writing, within fourteen (14) calendar days of posting of the vacancy.
• An employee desiring a transfer to a vacant position that has been vacated for an extended period of time will submit their request to the Administrative Battalion Chief and follow the above procedures in filling the vacancy. • If a position becomes available for an unknown extended period of time, an employee may temporarily request to transfer to the open position. When the employee creating the vacancy returns to his original assignment, the employee that moved to the temporary vacancy will return to any open available position. This employee will not have the option of returning to his original assignment prior to the temporary transfer if it has already been filled by another employee. • The Fire Chief shall have the prerogative to either grant or deny a request for transfer.

B. Mutual Agreement Transfers:
• Employees of equal rank may request to switch or exchange their current assignments between themselves.
• Requests for transfers shall be submitted, in writing, through chain of command to the Administrative Battalion Chief.
• The Fire Chief shall have the prerogative to either grant or deny the request. The request, approved or denied, shall be returned to the employee within fourteen (14) calendar days of receipt of the request.

C. Annual Station and Shift Transfer and Bids:

The bidding process of the Station and Shift Transfer and Bid System will take place annually. Bidding will commence the Monday following the Thanksgiving holiday. Station and shift selection shall be open for bid according to the following:
• All classifications shall have the option of bidding for transfer to be effective in January of each year. The Captains will bid first followed by Engineers and then Firefighters. The most senior member of that rank will have first bid. • The Fire Chief shall have the prerogative to approve or deny such requests. The approval or denial of a request for transfer shall not be subject to the grievance or appeal process.
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• Upon the conclusion of the annual selection process, the senior Firefighter/Paramedic for each shift may select a remaining open position for the shift’s third Firefighter/ Paramedic to rotate to when not assigned to Station Four. Truck 811 is not an open selection for the Firefighter/Paramedic position.

Department-Initiated Transfers: The Department reserves the right to initiate transfer of personnel to meet the needs of the organization, taking into consideration concerns of employees. The decision to transfer, or the denial of a request to transfer, pursuant to all types of transfers mentioned herein shall not be subject to the grievance procedure or appeal process.

Section 6. Modified Duty
If the industrial medical provider recommends modified duty on the same date an injury occurs, and with approval from the Fire Chief, the employee will report to Headquarters and work the remainder of the day, until 5:00 p.m., in a modified duty capacity. If the following day is the employee’s regularly scheduled shift, the employee will report to Headquarters and work 8:00 a.m. – 5:00 p.m. in a modified duty capacity. If the industrial medical provider continues to recommend modified duty that would include the employee’s next work segment, the employee will be required to report to Headquarters and work the modified duty schedule, beginning with the employee’s normally scheduled next shift and continuing on a Monday through Friday, 8:00 a.m. to 5:00 p.m. A request to work a 4/10 work schedule or another schedule (including a 24 hour shift) to be approved by the Fire Chief at their sole discretion until the industrial medical provider returns the employee to regular duty. Safety employees shall not be assigned to another department unless both City and employee concur. For non-shift light duty assignments, seven days written notice of duties and restrictions shall be provided the employee. (PPPM 5-10.1 and 5-10.2) The same process shall be used to schedule modified duty for employees whose medical status change, according to the industrial medical provider, regardless of the date of the injury. If the industrial medical provider recommends a change in status, such as from “unable to return to duty” to “able to return to modified duty,” and, after approval from the Fire Chief and confirmation that modified duty is available, the employee will report to headquarters on his/her regularly scheduled shift, and work 8:00 a.m. to 5:00 p.m. If, the following day will be the employee’s regularly scheduled shift, the employee will report to headquarters and work 8:00 a.m. to 5:00 p.m. in a modified duty capacity. If the industrial medical provider continues to recommend modified duty that would include the employee’s next work segment, the employee is required to report to headquarters and work the modified duty schedule, beginning with the employee’s normally scheduled next shift and continuing on a Monday thru Friday, 8:00 a.m. to 5:00 p.m. schedule, a 4/10 work schedule or another schedule (including a 24 hour shift) to be determined by the Fire Chief at his sole discretion until the industrial medical provider returns the employee to regular duty.

Article IV.

Wages and Compensation
Section 1. Pay Plan
All employees will be paid on a bi-weekly basis. Payroll checks will be made available to employees - 8 -
on the Thursday following the completion of each bi-weekly period. In the event that a payday falls on a holiday, payroll checks may be made available on the first day preceding the holiday. Direct deposit is also available to all employees. The City will directly deposit the payroll check into the employee’s savings or checking account. Funds are normally available on Friday morning. (Res. #5969, IV.13, PPPM 2-1.1)
Section 2. Wages
Cost of Living Adjustments (COLA):

The City and the Firemen’s Association agree that each classification represented by this Agreement shall receive the following Cost of Living Adjustments (COLA), with the pay schedule referenced in Appendix A.

1. Effective the pay period that includes July 1, 2021, a four percent (4%) cost of living adjustment (COLA).

3. Effective the pay period that includes July 1, 2023, a three percent (3%) cost of living adjustment (COLA).

Merit Salary Adjustment: Upon certification by the Fire Chief that the employee’s performance has been satisfactory or above, an employee receiving less than the maximum rate of base pay within the assigned range for the above classifications may be given a merit salary adjustment upon approval by the City Manager. A full time employee is eligible for this adjustment upon completion of 6 months services each in Steps A and in Step B and 1 year service each in Steps C and D.

Upon recommendation of the Fire Chief, the City Manager may appoint probationary Firefighters above Step A if they exceed minimum qualification requirements (education and experience) at time of appointment.

Fair Labor Standard Act (FLSA) special compensation included in base pay will be used in calculating other special compensation items.

Section 3. Paramedic Pay Rate
The City may establish classifications with corresponding salary ranges for the following positions:

Firefighter/Paramedic Trainee, Firefighter/Paramedic I and Firefighter/Paramedic II. These classifications shall be considered equivalent to the Firefighter classification in terms of rank, authority and privileges in the chain of command.

The City shall promote a safety employee who enters paramedic training as a Firefighter/Paramedic Trainee, effective the first day of school. The City shall promote a Firefighter/Paramedic Trainee to - 9 -
Firefighter/Paramedic I after one year of service as a certified Firefighter/Paramedic. The City shall promote a Firefighter/Paramedic I to Firefighter/Paramedic II upon recertification and completion of one year of service as a Firefighter/Paramedic I. Any Firefighter/Paramedic who does not maintain their certification will not be allowed to serve as a Firefighter/Paramedic and will be reverted back to the Firefighter classification until such time as the employee is recertified as a Paramedic.

Firefighter/Paramedics in any of the above three classifications, who are promoted to Fire Captain or Fire Engineer and maintain their Paramedic Certifications shall receive a monthly stipend of $250.

Those who receive the stipend will be expected to use their paramedic skills whenever necessary but most regularly when assigned to the Paramedic Assessment Unit. Failure to maintain the paramedic certification will result in the termination of the stipend. (Side Letter #3 MOU 2007-10) Firefighter who has acquired a valid Paramedic license at his own time and expense, may be appointed as a Firefighter Paramedic Trainee at the sole discretion of the City.

Section 4. Educational Pay
Fire Safety Unit & Chief Officer’s Unit (Non-Environmental) Employees will be eligible for all educational pay at time of hire with the Fire Chief’s recommendation. All classes required for the California State Fire Marshal’s Chief Fire Officer Curriculum must be submitted to the Fire Chief for approval.

A. Employees who have received an Environmental Certificate or Bachelor’s Degree from an accredited university, or completion of Chief Fire Officer coursework, shall receive an additional 3.01% of base pay.

B. Employees who have met any two (2) of the following three criteria shall receive an additional 3.10 of base pay on top of the 3.01% above:
a. Environmental Certificate from an accredited university b. Bachelor’s Degree from an accredited university
c. Completion of Chief Fire Officer coursework
Chief Officer’s Unit
Employees will be eligible for Master’s educational pay at time of hire with the Fire Chief’s recommendation.

A. Master’s Degree Incentive: Employees in the Fire Management Unit who have a Master’s Degree from an accredited university, shall receive a 5% incentive. This incentive is a stand-alone benefit and replaces the Bachelor Degree incentive.

Section 5. Educational Pay – Urban Search and Rescue (US&R) Stipend The City shall pay $300 per month to safety employees who complete the four required core US&R courses which are Rescue Systems I and II, Confined Space Rescue and Trench Rescue. (95-96, 05- 06 MOU, PPPM 2-2.4h)
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Section 6. Special Assignment Pay – Hazardous Materials Specialist Stipend An employee qualified and certified as a Hazardous Materials Specialist will be eligible for a $250/month stipend. When the State of California sets standards required to maintain the Hazardous Materials Specialist certification, the employee will need to meet the recertification standards to continue to be eligible for the stipend. (94-95, 95-96, 97-98, 05-06 MOU, PPPM 2-2.5a) Effective 07/01/07, the City moved the Hazardous Materials Specialist Stipend of $250 per month as part of base salary. The Hazardous Materials Specialist Certificate requirement will be a condition of continued employment for all represented positions within 24 months of employment. The extension of the 24 month period will be at the sole discretion of the Fire Chief. (MOU 2007-10) Section 7. Special Assignment Pay - Bilingual
Bilingual pay may be paid to Firefighter, Firefighter/Paramedic, Engineer and Captain. To receive compensation, employees must be tested. Compensation is granted at the level designated:

Test
Level 1 - ability to speak and understand basic Spanish, $100/month Oral test every 2 years Level 2 - ability to speak and understand Spanish fluently, $175/month Oral test every 4 years Level 3 - ability to speak, understand, read, write and translate Spanish Oral and written test fluently, $250/month every 4 years
The City shall designate one position in Fire Prevention and one position in Environmental Protection to be on the approved list of positions recognized by the City to receive bilingual pay.

Each of these two positions will be eligible for bilingual pay up to Level 2 upon Department Head recommendation and successful completion of the bilingual testing process. (PPPM 2-2.5c, MOU 04-05)
Section 8. Special Assignment Pay – Self Contained Breathing Apparatus (SCBA) Testing and Maintenance
The City shall pay $200 per month to one safety employee with an SCBA Coordinator Certificate and $100 per month to one safety employee with an SCBA Technician Certificate. The Fire Chief shall designate the two employees who will receive this compensation. (CC Minutes 3-28-96, PPPM 2-2.5h)
Section 9. Special Assignment Pay - Administrative Captain The City shall pay $100 per month to three (3) Captains assigned by the Fire Chief to an administrative detail. The detail is limited to three individuals currently holding the rank of Captain and who are presently or have previously been on a Battalion Chief promotional eligibility list. This requirement may be waived at the Fire Chief’s discretion. Payment will be made only during the Captain’s tenure as an Administrative Captain. In order to maximize the training potential provided in this assignment, the Fire Chief may rotate or reassign Captains at the Chief’s sole discretion. At no time will more than three Captains serve in this capacity simultaneously. (DRP memo 3-29-96, - 11 -
PPPM 2-2.5j)
Section 10. Special Assignment Pay - Emergency Medical Services Coordinator The Fire Chief may assign one Emergency Medical Services (EMS) Coordinator who will receive an EMS Coordinator stipend of $200 per month. (04-05 MOU) Section 11. Special Assignment Pay - Underground Storage Tank UST Inspections The City shall pay $250 stipend per month to three (3) fire safety employees assigned to the Environmental Protection Division who obtain, maintain and utilize UST Inspection certification in the scope of their employment.

Section 12. Special Assignment Pay – Fire Investigator
The City shall pay $250 per month to three (3) fire safety unit employees assigned by the Fire Chief as a Fire Investigator. Training and education requirements shall be established by the Fire Chief, subject to City Manager approval, to ensure that those receiving the stipend either meet the current California State Fire Marshal Requirements for Fire Investigator or are actively working towards meeting such requirements.

Section 13. Acting Pay - Time Exchanges
An employee working in an acting position will receive credit for acting pay when time exchanges occur with a qualified relief. If the time exchange is with someone not qualified, the employee will not receive acting pay, and another qualified relief person will move into the acting position. Time exchanges shall not cause additional acting pay. When a time exchange occurs out of rank with someone who is not qualified to act in that position on a voluntary basis, a qualified relief shall move into the acting position without receiving acting pay. It is understood that, in order to maintain a flexible time exchange policy, anyone who does not wish to work in an acting position without compensation because of time exchanges will notify their Battalion Chief and the Firefighter’s Association. (1980-81 MOU, PPPM 2-2.2c)
Section 14. Excellence in Performance Pay
The City Manager may approve a 5 ½% incentive payment to the rate of base pay to recognize excellence in performance. Continuance of pay is reviewed annually and is measured against predetermined goals and objectives. (PPPM 2-2.3)
Section 15. Longevity Pay
Association represented employees hired into a full-time position, are entitled to the following longevity increments. Longevity calculations are based on Unit Representation and Education Incentive pay for Fire Safety Unit and Chief Officer’s Unit only. - 12 -
Longevity Steps
Environmental Unit;
Fire Safety Unit
(without Education
Incentive)
Fire Safety Unit;
Chief Officer’s Unit
with Education Incentive Pay
(Category A. 3.01).

Fire Safety Unit with Education
Incentive Pay B; Chief Officer’s Unit
with Education Incentive Pay
(Category B. 3.10%)
Step 1 @ 5 years 3.00% 3.09% 3.18%
Step 2 @ 8 years 6.00% 6.18% 6.37%
Step 3 @ 12 years 9.18% 9.46% 9.74%
Step 4 @ 16 years 12.36% 12.73% 13.11%
Step 5 @ 19 years 15.73% 16.20% 16.69%
Step 6 @ 22 years 19.10% 19.67% 20.26%
Step 7 @ 25 years 22.67% 23.35% 24.05%
Section 16. Temporary Pay
Temporary appointments will result in a one-step pay increase for the appointee. During the period of the appointment, the appointee will receive all other pay and benefits for which the employee would be entitled in the permanent classification. No merit step increases will be granted in the range for the temporary appointment. However, if a permanent employee receives a temporary appointment to a higher classification, e.g., permanent firefighter to temporary engineer, the employee is entitled to any step increases or supplemental benefits to which they would have been entitled in their previous classification, or to which regular appointees would otherwise be entitled. (PPPM2-2.13)
Section 17. Standby Compensation
Environmental Unit employees required to be available on Standby for emergency service on any day that is a regularly scheduled day off for that employee (not because of any leave other than Holiday leave) will be paid $70.00 for each day they are required to be on standby. Employee must be available for immediate response to a telephone call or a page and must report to the incident within one (1) hour. Employees who are on standby and who are called back to duty shall receive standby pay and call back pay. (80-81, 99-00, 05-07 MOU, PPPM 2-2.10a) Section 18. Overtime Compensation
When necessary to perform essential work, the Fire Chief may require safety employees to work at any time other than during their regular working hours until such work is accomplished. Payment of overtime shall be paid at a rate of one and one half (1 1/2) the rate of pay in accordance with the Fair Labor Standards Act and shall apply to the positions of Captain, Fire Engineer, Firefighter/Paramedic and Firefighter. The maximum number of hours worked per work period paid at the regular rate shall be 182 hours. Sick leave shall be deducted from all hours worked in excess of 182 before overtime is paid for those hours. An employee may, with Department Head approval, take time off in lieu of overtime pay if it is taken in the same work period the overtime is earned.

For example, if an employee works 12 hours overtime in any 24 day cycle, the employee may take 12 hours off before the end of the 24 day cycle. (77-80, 80-81, 81-82, 82-83, 87-88 MOU, PPPM 2-

2.9b)
The Fire Chief and Fire Battalion Chiefs are considered exempt from the overtime provisions of the Fair Labor Standards Act. Only Battalion Chiefs who perform overtime while on duty in a - 13 -
suppression capacity are eligible to receive overtime compensation, which will be paid at straight time. Overtime will not be paid for any time worked by a Battalion Chief in excess of his normal schedule to attend meetings, training or travel time. (PPPM 2-2.9c). The Fire Chief is not eligible for overtime.

The parties agree to reopen the MOU during the term in order to address wage and special compensation CalPERS reporting issues which should be corrected in accordance with recommendations received from CalPERS. The corrections needed concern the reporting of base pay in the approved salary schedule separately from FLSA special compensation as part of the base for calculating other percentage-based incentives.

Section 19. Time Exchanges
In compliance with the Fair Labor Standards Act (FLSA), the trading of work time between employees shall be permitted under the following conditions:
• Traded time worked shall not be counted as additional hours worked per each 28 day work period.
• Traded time is done voluntarily by the participating safety employees. • Traded time may be for any shift of an employee’s regular work schedule. • Traded time must be traded back within 12 months of its occurrence. • Traded time must be approved by a superior officer as provided in the Fire Department’s Rules and Regulations.
• Any additional procedures as set forth in the Fire Department’s Rules and Regulations. (PPPM 6-11)
Section 20. Call Back Compensation
Employees called back to work shall receive a minimum of four (4) hours pay. If a second call back of the same employee occurs within the four (4) hours of the first call back, additional call back pay is not allowed. If the second call back occurs after four hours have elapsed since the first call back, it shall be treated as a new incident and the employee shall receive a minimum of four (4) hours pay.

After three (3) hours of call back, all hours, including the first three (3) hours, will be paid at time and one-half (1 ½). Scheduled work, even though not during normal working hours, shall not qualify for call back pay. (PPPM 2-2.11)
Section 21. Deferred Compensation Program
The City’s deferred compensation program is designed to provide employees with a supplemental retirement savings plan. It is established and regulated according to Internal Revenue Service (IRS) guidelines and is known as an IRS 457(b) Plan. It is a tax deferral program in which an employee may elect to defer compensation up to the amount permitted by the IRS for any particular calendar year and thereby realize an immediate tax benefit. The money is invested and available to the employee with interest after retirement. IRS “catch-up” provisions are also available under this plan.

The City agrees to match employee contributions into their deferred compensation plan (for a - 14 -
maximum of 3%). The match will be at a rate of 1:1. To receive the City’s maximum 3% match, the employee must contribute 3%. Employee contributions less than 3% are matched by the City at a proportional 1:1 ratio. (81-82, 86-87, 88-89, 91-92, 94-95, 05-06 MOU, PPPM 2-5.1) Section 22. Cost of Living Data
The parties will use the March to March Consumer Price Index issued by the Department of Labor, Bureau of Labor Statistics for the Los Angeles-Long Beach-Anaheim area for purposes of cost of living analysis.

Article V.

Retirement Benefits
California Public Employee’s Retirement System (CalPERS) Coverage. All full-time employees covered by this MOU shall participate in the CalPERS retirement plan.

Section 1. For Fire Safety, Environmental and Chief Officer’s Unit employees hired prior to November 19, 2012 (Classic Members/Tier 1), the City shall provide the CalPERS 3% @ age 50 retirement formula.

The City shall continue to provide CalPERS Classic Members with retirement benefits in accordance with the existing contract with CalPERS, and all amendments to the contract, including:

1. Retirement Benefit Formula – 3% @ age 50 Formula for Local Safety Member (Government Code Section 21362.2).

2. To be eligible for service retirement, you must be at least age 50 and have a minimum of five years of CalPERS – credited service.

3. Employee Cost Share – The employee’s nine percent (9%) portion of the retirement cost is paid fully by the City as “Employer Paid Member Contribution” (EPMC).

4. Employee Contribution – Full-Time employees contribute nine (9%) of their salary (cost share) on a pre-tax basis to offset the City’s cost in providing enhanced retirement benefits (Government Code Section 20516(f)). If there are any changes that legally require the cost sharing to terminate, any percentage of cost sharing shall be applied towards the Employer Paid Member Contribution (EPMC).

5. Pre-Retirement Death Benefit Option 2W - Eligible spouse or registered domestic partner will receive a monthly allowance equal to the amount the member would have received if member had retired under a service retirement on the date of member’s death and elected Option 2W. The benefit is payable to eligible spouse or domestic partner until death. Upon the death of your spouse or domestic partner the benefit will continue to your natural or adopted unmarried children under age 18 who have never been married (Government Code 21548).

6. Pre-Retirement Death Benefits to continue after marriage of survivor (Government Code Section 21551).

7. 1959 Survivor Benefit Level 4 – provides a monthly benefit for eligible survivor(s) who are not covered by social security (Government Code Section 21574).

8. Death Benefit (Retired) – Upon the death of a retiree, a one-time lump sum payment of $500 - 15 -
will be made to the retiree’s survivor (Government Code Section 21620).

9. Post Retirement Survivor Allowance (Government Code Section 21624/21626).

10. Post Retirement Survivor Allowance to continue after remarriage (Government Code Section (21635).

11. Additional Service Credit of 2 years for Local Member (Government Code Section 20903).

12. Military Service Credit as a Public Service (Government Code Section 21024).

13. Military/Relocation Credit – Public Service Credit for Peace Corps, AmeriCorps VISTA, or AmeriCorps Service (Government Code Section 21023.5).

14. Military Service Credit for Retired Persons (Government Code Section 21027).

15. Unused Sick Leave Credit – Unused sick leave will be converted to service credit at the rate of .004 year of service for each day of sick leave, provided there are less than 120 days between the member’s separation date and retirement date (Government Code Section 20965).

16. Final Compensation – The average full-time monthly pay rate for the highest 12 consecutive month period (Government Code Section 20042). If service is coordinated with Social Security, member is subject to the $133.33 reduction in final compensation.

17. 2% Annual Cost of Living Allowance Increase (Government Code Section 21329).

18. Prior Service Credit (Government Code Section 20055). Service credit payment by payroll deduction is pre-tax.

19. Public Service Credit for Periods of Layoff (Government Code Section 21022).

Section 2. For Fire Safety, Environmental and Chief Officer’s Unit employees hired between November 19, 2012 and December 31, 2012, or those that meet the CalPERS definition of Classic Members (Tier 2), the City shall provide the CalPERS 3% @ age 55 retirement formula.

The City shall continue to provide CalPERS Classic Members Tier 2 with retirement benefits in accordance with the existing contract with CalPERS, and all amendments to the contract, including:

1. Retirement Benefit Formula – 3% @ age 55 Formula for Local Safety Member (Government Code Section 21363.1).

2. To be eligible for service retirement, you must be at least age 50 and have a minimum of five years of CalPERS – credited service.

3. Employee Contribution – Full-time employees contribute nine (9%) of their salary on a pretax basis.

4. Pre-Retirement Death Benefit Option 2W - Eligible spouse or registered domestic partner will receive a monthly allowance equal to the amount the member would have received if member had retired under a service retirement on the date of member’s death and elected Option 2W. The benefit is payable to eligible spouse or domestic partner until death. Upon the death of your spouse or domestic partner the benefit will continue to your natural or adopted unmarried children under age 18 who have never been married (Government Code 21548).

5. Pre-Retirement Death Benefits to continue after marriage of survivor (Government Code Section 21551).

6. 1959 Survivor Benefit Level 4 – provides a monthly benefit for eligible survivor(s) who are not covered by social security (Government Code Section 21574).

7. Death Benefit (Retired) – Upon the death of a retiree, a one-time lump sum payment of $500 - 16 -
will be made to the retiree’s survivor (Government Code Section 21620).

8. Post Retirement Survivor Allowance (Government Code Section 21624/21626).

9. Post Retirement Survivor Allowance to continue after remarriage (Government Code Section (21635).

10. Additional Service Credit of 2 years for Local Member (Government Code Section 20903).

11. Military Service Credit as a Public Service (Government Code Section 21024).

12. Military/Relocation Credit – Public Service Credit for Peace Corps, AmeriCorps VISTA, or AmeriCorps Service (Government Code Section 21023.5).

13. Military Service Credit for Retired Persons (Government Code Section 21027).

14. Unused Sick Leave Credit – Unused sick leave will be converted to service credit at the rate of .004 year of service for each day of sick leave, provided there are less than 120 days between the member’s separation date and retirement date (Government Code Section 20965).

15. Final Compensation – The average full-time monthly pay rate for the highest 36 consecutive month period (Government Code Section 20037). If service is coordinated with Social Security, member is subject to the $133.33 reduction in final compensation.

16. 2% Annual Cost of Living Allowance Increase (Government Code Section 21329).

17. Prior Service Credit (Government Code Section 20055). Service credit payment by payroll deduction is pre-tax.

18. Public Service Credit for Periods of Layoff (Government Code Section 21022).

Section 3. For Fire Safety, Environmental and Chief Officer’s Unit employees hired on or after January 1, 2013, and meet the CalPERS definition of “New Member” set forth in Government Code 7522.02©, shall be eligible for the retirement plan pursuant to California Public Employees’ Reform Act of 2013 (PEPRA).

The City shall provide CalPERS Members with retirement benefits in accordance with PEPRA, including:

1. Retirement Benefit Formula – 2.7% @ age 57 Formula for Local Safety Member (Government Code Section 7522.25(d)).

2. To be eligible for service retirement, you must be at least age 50 and have a minimum of five years of CalPERS – credited service.

3. Employee Contribution – Full-time employees pay the member contribution of fifty percent (50%) of normal cost as determined by CalPERS.

Upon the death of your spouse or domestic partner the benefit will continue to your natural or adopted unmarried children under age 18 who have never been married (Government Code 21548).

5. Pre-Retirement Death Benefits to continue after marriage of survivor (Government Code Section 21551).

6. 1959 Survivor Benefit Level 4 – provides a monthly benefit for eligible survivor(s) who are not covered by social security (Government Code Section 21574). - 17 -

7. Death Benefit (Retired) – Upon the death of a retiree, a one-time lump sum payment of $500 will be made to the retiree’s survivor (Government Code Section 21620).