South Gate City Council
March 28, 2023

131
Amendment No. 1
Contract No. 3485
IN WITNESS WHERF,OF, the Parties hereto have caused this Amendment No. 1 to be executed and attested by their respective officers hereunto duly authorized.

CITY OF SOUTH GATE:

BY:

Maria del Pilar Avalos, Mayor
Date:

ATTEST:

B7:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

By:

Raul F. Salinas, City Attorney
CONSULT ANT:

DAVID VOLZ DESIGN
BY:

David Volz, President
Date:

4 132

EXHIBIT A
August 16, 2022
Steve Costley
City of South Gate
4900 Southern Avenue
Socith Gate, CA 90280
RE. PROPOSAL TO PROVIDE LANDSCAPE ARCHITECTURAL FOR THE REVISION OF CIRCLE PARK
Dear Mr. Costley,
As requested, we have provided this proposal to address the need to revise construction drawings per comments we have received during a meeting with SCE on July 25th, 2022, per the following:
1 ) Existing design layocit to be revised to remove any site furnishings and structcires out of the dripline of SCE transmission towers, including relocating of the proposed futsal court and removal of tlie proposed berms in tcirf area.

PROPOSED FEES
Task 1 - Landscape Architectural Services
Task 2 - Civil Engineering
Task 3 - Electrical Engineering
$6,400
$2,875
$4,830
Total Proposed Fee $14 105
Please let me know if this is acceptable to the city. Thank yoci for inclciding us on these exciting community improvement projects, we are looking forward to working with you and the South Gate team.

Very truly yours,
84710 VOL!a @*Effll4A'
David J. Volz, R.L.A. # 2375
LEED Accredited Professional, QSD/QSP
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133

EXHIBIT A
March 7, 2023
Steve Costley
City of South Gate
4900 Southern Avenue
South Gate, CA 90280
RE: PROPOSAL TO PROVIDE LANDSCAPE ARCHITECTURAL SERVICES FOR CIRCLE PARK

CONSTRUCTION
Dear Mr. Costley,
With this great project nearly ready to bid your design team is ready to assist the city's staff and the construction management team with the project's construction. The Construction Period Service's tasks that will be provided by the design team are identified below. These services are necessary to guide the construction and materials selection, provide for review of components and finishes and to respond to contractor and construction manager inquires about the design intent, finishes, submittals, etc. David Volz Design team takes this implementation surveillance responsibility very seriously. We plan to be on- site two to four times per month during construction. Our team will also provide rapid response to submit- tals and information requested with written opinions and documentation.

Task 1- Bidding Services
a. Preparation of addenda
b. Response to requests for information/clarification c. Bid review
d. City staff and construction management support Task 2 - Construction Period Services
a. Prepare responses to request for information
b. Review and reply to submittals
c. Attend pre-construction meeting
d. Attend weekly or bi-weekly construction meetings and prepare summaries e. Review change order requests and provide opinion f. Provide consultant services for civil and electrical engineering g. Final walk through and punch list preparation
h. Final review
i. City staff and construction management support
We are looking forward to working with you and your staff and your construction management/ inspection team to deliver this exciting new community park to the citizens of South Gate. Should you have any questions please do not hesitate to call.

Very truly yours
David J. Volz. R.L.A. # 2375
LEED Accredited Professional, QSD/QSP
DESIGNING LANDSC APES THAT Sa+i losc Oi{ire
134
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FEE SCHEDULE
Construction of public projects by contractors who offer the lowest price can become challenging for agencies and construction managers to oversee. As the authors of the construction documents, David Volz Design's team will be available and on-site often in order to interpret the project plans, address contractor requests forinformation and to review submittals, change requests, and provide clarifications when needed.

The following services proposed will guide our design team's services during the project's construction.

Actual hours and services expended may need to be adjusted as the work progresses. Billings will be made based upon the fee extension amount each month as listed. The total proposed fee will be considered a not-to-exceed amount for the anticipated duration listed below.

Task 1- Bidding Assistance
Task 2 - Construction Period Services
A. Month 1- Construction Start-up
B. Month 2 - Construction Initialization
C. Month 3 - Demolition / Grading Start-up
D. Month 4 - Utilities/Foundations
E. Month 5 - Walls and Details Layout
F. Month 6 - Construction Support Services
G. Month 7 - Construction Support Services
H. Month 8 - Construction Support Services
Month 9 - Construction Support Services
J. Month 10 - Construction Support Services
K. Month 11- Construction Support Services
L. Month 12 - Construction Close Out
Task 3 - DMS - Civil Engineering
Task 4 - DMS - Civil Engineering
THo'rsa'l ExteFneseion

PR DD LA PD AD
$230 $200 $160 $120 $110
2 4 28 4 2 40 $ 6,440
2 2
2 2
2 2
2 2
2 2
2 2
24 4
4 16
16 16
4 4
4 4
4 4
4 84
40 40
12 12
12 16
16 16
16 16
16 24
236
2 4
4 2
2 2
2 2
2 2
1 1
2 2
2 22
48 48
34 36
36 24
24 23
23 24
24 56
400
7 880
7,880
6,040
6,280
6,280
4,040
4,040
3,930
3 ,930
4 ,040
4,040
8,200
66,580
$ 9,200
$ 2,760
TOTAL PROPOSED FEE $ 84,980
0 F S O U T l-l G A T E
135

ASSUMPTIONS
%'>'i%%'i%%'N'>:"i'i'i"))i'i'i'i'88S8;88;)g8g>';s';'>'3'5;lxl*lil;1;li,%"il;,i;;;li;}i;;;y5.

1. Sub-consultant fees include 15% mark-up. Additional services when approved by city will be billed at our standard hourly rate schedule. See the subconsultant proposals attached for proposed services and additional excluded services.

2. Only services specifically noted in the scope of services are included in the fee schedule. Services such as construction survey, utility potholing, etc. are not included.

3. Payment of fees for permits, processing, recordation or approvals are not included here in.

4. Construction management and inspection services including ongoing special inspection monitoring will be provided by the others.

5. Hours listed above are estimates, billings will be made at the fee extension listed for the task and month identified.

6. Environmental Services, testing and reports are not included in this proposed fee. However, is highly recommended.

8. Addition to the above the services and fees will be required if construction exceeds the five consecutive calendar months. Construction period service will require more fees if construction exceed the length of construction previously mentioned.

9. The following project expenses will be billed at cost plus 15% administrative fee in addition to the professional fees listed above. The reimbursable allowance will only be billed as-needed:
* Printing, copying, scanning, graphic, photography and reproduction services @ Delivery, shipping and courier charges
a Subconsultant fees and expenses
o Agency fees, permits, plan check and inspection fees

10. Payments are due within 30 days from invoice date.

11. The rates shown are subject to periodtc increases, including January 1st of each year, in accordance with any increase in the Consumer Price Index or other equal to cost index 2023 HOURLY RATES SCHEDULE
Principals
Director of Design
Senior Landscape Architects
Director of GIS
Landscape Architect
Plan Check
Senior Landscape Designer
Senior GIS Analyst
Landscape Designer
GIS Analyst
Project Designer/CADD Technicians I, II, II
GIS Technicians I, II, Ill
Administration
(% % % % % y % y % % % %% % % i i y % ill k k < I l " i i i * 1111111: h(li% CIRC l E PA RK , CI T Y O F S Otl l- l-l G AT IE
$230/hr
$200/hr
$175/hr
$165/hr
$160/hr
$160/hr
$155/hr
$155/hr
$140/hr
$140/hr
$110,120, 130/hr
$110,120 130/hr
$110/hr
136
Attachment B
Contract No. 3485
AGRF.'FMF.NT 'POR PROFESSIONAL SERVICES
This Agreement is made and entered into as of November 13, 2018, by and between the City of South Gate (hereinafter referred to as the "City"), and David Volz Design (hereinafter referred to as the "Consultant").

The City and the Consultant agree as follows:

RECIT ALS
A, The City does not have the personnel able and/or available to perform the services required under this agreement.

B. The City desires to contract out for consulting services for certain projects relating to the design of renovation designs at Circle Park.

C, The Consultant warrants to the City that it has the qualifications, experience and facilities to perform properly and timely the services under this Agreement.

D. The City desires to contract with the Consultant to perform the services as described in Exhibit A of this Agreement.

NOW, THEREFORE, the City and the Consultant agree as follows:

1.O SCOPE OF THE, CONSULTANT'S SERVICES. The Consultant agrees to provide the senices and perform the tasks set forth in the Scope of Work, attached to and made part of this Agreement, The Scope of Work may be amended from time to time by way of a written directive from the City.

2.O TERM OF AGREEMENT. This agreement will become effective on November 13, 2018 and will remain in effect for a period of 1 year from said date or until all work specified in the attached scope of work is accepted as complete by the City, whichever comes first, unless otherwise expressly extended and agreed to by both parties or terminated by either party as provided herein.

3.O CITY AGENT. The Director of Parks & Recreation, or his/her designee, for the purposes of this Agreement, is the agent for the City; whenever approval or authorization is required, Consultant understands that the Director of Parks & Recreation, or his/her designee, has the authority to provide that approval or authorization.

4.O COMPENSATION FOR SF,RVICES. The City shall pay the Consultant for its professional services rendered and costs inciured pursuant to this Agreement in accordance with the Scope of Work's fee and cost schedule. The cost of services shall be $321,231.00. No additional compensation shall be paid for any other expenses incurred, unless first approved by the Director of Parks & Recreation or his/her designee. 137
Agreement for Professional Services
David Volz Design - Hollydale Community Park

4.1 The Consultant shall submit to the City, by not later than the 10th day of each month, its bill for services itemizing the fees and costs incurred during the previous month.

The City shall pay the Consultant all uncontested amounts set forth in the Consultant's bill within 30 days after it is received.

5.O CONFIJCT OF INTEREST. The Consultant represents that it presently has no interest and shall not acquire any interest, direct or indirect, in any real property located in the City which may be affected by the services to be performed by the Consultant under this Agreement. The Consultant further represents that in performance of this Agreement, no person having any such interest shall be employed by it.

5.1 TheConsultantrepresentsthatnoCityemployeeorofficialhasamaterial financial interest in the Consultant's business, During the term of this Agreement and/or as a result of being awarded this contract, the Consultant shall not offer, encourage or accept any financial interest in the Consultant's business by any City employee or official.

5.2 If a portion of the Consultant's services called for under this Agreement shall ultimately be paid for by reimbursement from and through an agreement with a developer of any land within the City or with a City franchisee, the Consultant warrants that it has not performed any work for such developer/franchisee within the last 12 months, and shall not negotiate, offer or accept any contract or request to perform services for that identified developer/franchisee during the term of t's Agreement.

6.0 GENERAL TERMS AND CONDITIONS.

6.1 Termination. Either the City Manager or the Consultant may terminate this Agreement, without cause, by giving the other party ten (10) days written notice of such termination and the effective date thereof.

6.1.1 In the event of such termination, all finished or unfinished documents, reports, photographs, 'films, charts, data, studies, surveys, drawings, models, maps, or other documentation prepared by or in the possession of the Consultant under this Agreement shall be retumed to the City. If the City terminates this Agreement without cause, the Consultant shall prepare and shall be entitled to receive compensation pursuant to a close-out bill for services rendered and fees incurred pursuant to this Agreement through the notice of termination.

If the Consultant terminates this Agreement without cause, the Consultant shall be paid only for those services completed in a manner satisfactory to the City.

6.l.2 If the Consultant or the City fail to fulfill in a timely and proper maruier its obligations under this Agreement, or if the Consultant or the City violate any of the covenants, agreements, or stipulations of this Agreement, the Consultant or the City shall have the right to terminate this Agreement by giving written notice to the other party of such termination and specifying the effective date of such termination. The Consultant shall be entitled to receive compensation in accordance with the terms of this Agreement for any work 138
Agreement for Professional Services
David Volz Design - Hollydale Community Park

satisfactorily completed hereunder. Notwithstandmg the foregoing, the Consultants shall not be relieved of liability for damage sustained by virtue of any breach of this Agreement and any payments due under this Agreement may be withheld to off-set anticipated damages.

6.2 Non-Assignability. The Consultant shall not assign or transfer any interest in this Agreement without the express prior written consent of the City.

6.3 Non-Discrimination. The Consultant shall not discriminate as to race, creed, gender, color, national origin or sexual orientation in the performance of its services and duties pursuant to this Agreement, and will comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.

6.4 Insurance. The Consultant shall submit to the City certificates indicating compliance with the following minimum insurance requirements no less than one (1) day prior to beginning of performance under is Agreement:
(a) Workers Compensation hisurance as required by law, The Consultant shall require all subcontractors similarly to provide such compensation insurance for their respective employees.
(b) Comprehensive general and automobile liability insurance protecting the Consultant in amounts not less than $1,000,000 for personal injury to any one person, $1,000,000 for injuries arising out of one occurrence, and $500,000 for property damages or a combined single limit of $1,000,000. Each such policy of insurance shall:
1) Be issued by a financially responsible insurance company or companies admitted and authorized to do business in the State of California or which is approved in witing by City.
2) Name and list as additional insured the City, its officers and employees,
3) Specify its acts as primaryi insurance.
4) Contain a clause substantially in the following words: "It is hereby uiiderstood and agreed that this policy shall not be canceled nor materially changed except upon thirty (30) days prior written notice to the City of such cancellation unless cancelled for non-payment, then 10 days notice will be given." 5) Cover the operations of the Consultant pursuant to the terms of this Agreement.
139
Agreement for Professional Services
David Volz Design -Hollydale Community Park

6.5 Indemnification. Consultant agrees to hold harmless, indemnify and defend the City, its employees, agents and affiliates, for any and all loss or liability of any nature whatsoever to the extent arising out of or in any way connected with Consultant's negligent performance of t's agreement, including loss or liability caused by the City's negligence, except loss or liability caused by the City's willfiil conduct or active negligence.

6.6 Compliance With Applicable Law. In the Consultant's best judgment, the Consultant and the City shall comply with all applicable laws, ordinances and codes of the Federal, State, County and City governments.
6,7 Independent Contractor. This Agreement is by and between the City and the Consultant and is not intended, and shall not be consttued, to create the relationship of agency, servant, employee, partnership, joint venture or association, as between the City and the Consultant.

6.7.1. The Consultant shall be an independent contractor, and shall have no power to incur any debt or obligation for or on behalf of the City. Neither the City nor any of its officers or employees shall have any control over the conduct of the Consultant, or any of the Consultant's employees, except as herein set forth, and the Consultant expressly warrants not to, at any time or in any manner, represent that it, or any of its agents, servmits or employees are in any manner employees of the City, it being distinctly understood that the Consultant is and shall at all times remain to the City a wholly independent contractor and the Consultant's obligations to the City are solely such as are prescribed by this Agreement.

6.8 Copyright. No reports, maps or other documents produced in whole or in part under this Agreement shall be the subject of an application for copyright by or on behalf of the Consultant.

6.9 Legal Construction.
(a) This Agreement is made and entered into in the State of California and shall in all respects be interpreted, enforced and governed under the laws of the State of California.
(b) This Agreement shall be construed without regard to the identity of the persons who drafted its various provisions. Each and every provision of this Agreement shall be constnued as though each of the parties participated equally in the drafting of same, and any rule of consttauction that a document is to be conshaued against the drafting party shall not be applicable to this Agreement.
(c) The article and section, captions and headings herein have been inserted for convenience only, and shall not be considered or refened to in resolving questions of interpretation or constniction.
/2 140
Agreement for Professional Services
David Volz Design - Hollydale Community Park

(d) Whenever in this Agreement the context may so require, the masculine gender shall be deemed to refer to and include the feminine and neuter, and the singular shall refer to and include the plural.
6,10 ('onnterpbiLs. Tlffs Agreement may be executed in counterparts and as so executed shall constitute an Agreement which shall be binding upon all parties hereto.

6.11 Final Payment Acceptance Constihites Release. The acceptance by the Consultant of the final payment made under this Agreement shall operate as and be a release of the City from all claims and liabilities for compensation to the Consultant for anyting done, furnished or relating to the Consultant's work or services. Acceptance of payment shall be any negotiation of the City's check or the failure to make a written extra compensation claim within ten (10) calendar days of the receipt of that check. However, approval or payment by the City shall not constitute, nor be deemed, a release of the responsibility and liability of the Consultant, its employees, sub-consultants and agents for the accuracy and competency of the information provided and/or work performed; nor shall such approval or payment be deemed to be an assumption of such responsibility or liability by the City for any defect or error in the work prepared by the Consultant, its employees, sub-consultants and agents.

6.12 Corrections. In addition to the above indemnification obligations, the Consultant shall correct, at its expense, all errors in the work which may be disclosed during the City's review of the Consultant's report or plans, Should the Consultant fail to make such correction in a reasonably timely manner, such correction shall be made by the City, and the cost thereof shall be charged to the Consultant,

6.13 Files. All files of the Consultant pertaining to the City shall be and remain the property of the City. The Consultant will control the physical location of such files during the term of this Agreement and shall be entitled to retain copies of such files upon termination of this Agreement.

6.14 Waiver; Remedies Cumulative. Failure by a party to insist upon the performance of any of the provisions of this Agreement by the other party, irrespective of the length of time for which such failure continues, shall not constitute a waiver of such party's right to demand compliance by such other party in the future. No waiver by a party of a default or breach of the other party shall be effective or binding upon such party unless made in writing by such party, and no such waiver shall be implied from any omissions by a party to take any action with respect to such default or breach. No express written waiver of a specified default or breach shall affect any other default or breach, or cover any other period of time, other than any default or breach and/or period of time specified. All of the remedies permitted or available to a party under this Agreement, or at law or in equity, shall be cumulative and alternative, and invocation of any such right or remedy shall not constitute a waiver or election of remedies with respect to any other permitted or available right of remedy. 141
Agreement for Professional Services
David Volz Design - Hollydale Community Park

6,15 Mitigation of Damages. In all such sihiations arising out of this Agreement, the parties shall attempt to avoid and minimize the damages resulting from the conduct of the other party.

6.16 Partial Invalidity. If any provision in this Agreement is held by a court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions will nevertheless continue in full force without being impaired or invalidated in any way.

6.17 Attorneys' Fees. The parties hereto acknowledge and agree that each will bear his or its own costs, expenses and attorneys' fees arising out of and/or connected with the negotiation, drafting and execution of the Agreement, and all matters arising out of or connected therewith except that, in the event any action is brought by any party hereto to enforce this Agreement, the prevailing party in such action shall be entitled to reasonable attomeys' fees and costs in addition to all other relief to which that party or those parties may be entitled.

6.18 F,ntire Agreetnent. This Agreement constitutes the whole agreement between the City and the Consultant, and neither pmaty has made any representations to the other except as expressly contained herein. Neither parly, in executing or performing this Agreement, is relying upon any statement or information not contained in this Agreement. Any changes or modifications to this Agreement must be made in writing appropriately executed by both the City and the Consultant.

6.19 Notices. Any notice required to be given hereunder shall be deemed to have been given by depositing said notice in the United States mail, postage prepaid, and addressed as follows:

TO CITY: Paul L. Adams
Director of Parks & Recreation
City of South Gate
4900 Southern Avenue
South Gate, CA 90280
TEL (323) 563-5478
F AX (323) 564-8632
EMAIL [email protected]
TO CONSULTANT: David J. Volz
President
David Volz Design
151 Kalmus Drive, Suite M8
Costa Mesa, CA 92626
TEL (714) 641-1300
Email: [email protected]
This Space Left Blank
142
Agreement for Professional Senices
David Volz Design - Hollydale Community Park

6.20 Warranty Of Authorized Signatories. Each of the signatories hereto warrants and represents that he or she is competent and authorized to enter into this Agreement on behalf of the party for whom he or she purports to sign.

This Agreemerxt is executed on this 13'h day of November, 2018, at South Gate, California, and effective as ofNovember 13, 2018.

CITY OF SOUTH GATE
a Belen Bernal, Mayor
ATTEST:

Camien Avalos, City Clerk
(SEAL)
OVE,D A TO FORM:

F. Salinas, City Attorney
David J. Volz, President
David V(117 nrqiBnll-, Aq,sp s'f4%S'2r,(,
143

SCOPE OF SERVICES
The DVD design team knows the Hollydale community and understands how much this park's recreational enhancements will benefit your city's recreation program. The new Circle Park will be a neighborhood landmark with new ball courts, community gathering spaces, a new play lot, paved parking lot and much, much more. DVD park planners will partner with your staff to develop the re-envisioned Circle Park into a beautiful reality for the citizens of this part of your city. All proposed park upgrades will be brought before the community to confirm the improvement program that was developed through outreach meetings held in 2016.

David Volz Design proposes the following scope of services to implement the Hollydale Park master plan for this Circle Park site (report dated January 2017). The proposed park elements and master plan will guide the improvement planning services identified herein. The service items below will be accomplished by our experienced and creative in-house staff and our well qualified sub-consultants.

PHASE ONE: PRE-DESIGN SERVICES
Task 1- Site Survey

1.01 Site topographic survey with property line tie-in Task 2 - Geotechnical Report

2.01 Geotechnical soils report with percolation tests and pavement recommendations
Task 3 - Environmental Documents

3.01 Support city staff in preparation of mitigated negative declaration anticipated "it " I I t'-i (i ': ;'. N [ j l ) ', l j'/ : p )S i 'il I 'l Site survey
s Preliminary geotechnical report
PHASE T!/VO: DESIGN DEVELOPMENT
Task 1- Project Start-Up

1.01 Initial Kick-Off meeting
a. Review project criteria and program objectives
b. Review procedures and design schedule
Proposal io Provide Landscape Architectural Design Services for Circle Park Construction Document Package, City of South Gate

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144

SCOPE OF SERVICES
c. Assign calendar dates to each milestone

1.02 Data Collection
a. Collect utility information
b. Catalogue available documents and plans

1.03 Perform field investigations
a. Prepare photo survey of site
b. Annotate maps with ideas from the site review Task 2 - Design Development

2.01 Finalize schematic site and layout plans

2.02 Major materials selection, hypes and finishes

2.03 Area detailing

2.04 Budget review and confirmation
Task 3 - Stormwater Pollution Prevention Plan

3.01 Prepare preliminary stormwater pollution prevention plan (SWPPP)

3.02 Prepare preliminary water quality management plan (WQMP) Task 4 - Design Development

4.01 Design development plans

4.02 Materials selection

4.03 Updated rendered plans

4.04 Updated construction cost budget

4.05 City staff review
Mki lit'J(iS /-'iiaili) 1):-l.l'/t )'/'i!31-1- :i
* City staff review (3)
* Schematic site plans
* Materials selection submittal
* Stormwater preliminary reports
PHASE THREE: COMMUNI1Y OUTREACH/PROGRAM CONFIRMATION Task 1- Community review meetings during design development

1.01 Confirm development program elements
Proposal to Provide Landscape ArchiTectural Design Services for Circle Park Construction Documen( Package, City o+ South Gate

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SCOPE OF SERVICES

1.02 Review placement of improvements

1.03 Address safet5r/security issues

1.04 Review lighting plans
I:i' E F 1-l N(.";.':' jSl'l D l:) Io l:'1/ L: R/'sB L ES ii Community meetings (up to 3 anticipated)
* Graphic displays for community review
ii Document input received
ii City staff review
PHASE FOUR: CONSTRUCTtON DOCUMENT DEVELOPMENT
Task 1- Initialize Construction Documents

1.01 Schedule verification
1,02 Program review and verification

1.03 Prepare base maps

1.04 Utility coordination

1.05 Specification outline

1.06 Product and materials submittal
Task 2 - Prepare Construction Documents

2.01 Prepare construction drawings

2.02 Prepare splash pad design package and submit to L/5i County Health services for review and acceptance

2.03 Prepare technical specifications

2.04 Prepare construction cost budgets

2.05 Submittal/review at 30, 60, & 90 percent
Task 3 - Final Construction Documents

3.01 City project team review of work-to-date

3.02 Internal quality contro) review

3.03 Revise documents

3.04 Turnover of original plans and specifications Proposal to Provide Landscape Architectural Design Services )or Circle Park Construction Document Package, City of South Gate Page3of4
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146

SCOPE OF SERVICES
Task 4 - Water Quality Management Final Plan

4.01 Prepare checklist information
zi.o: Assist city in obtaining permit
M I- ' I IN(i S /l(a4i I [.-.) F ll %/ FR!l S 1 F. S * Preliminary and final plans, specifications and estimates LA County Health review of splash pad
City project team reviews (3 anticipated)
PHASE FIVE: BIDDING & CONSTRUCTION ASSIST ANCE
Task 1- Bidding Assistance

1.01 Provide answers to pertinent pre-bid questions.

1.02 ASSiSt the city in evaluation of bids
Task 2 - Construction Assistance
2,01 Attend pre-construction meeting.
2,02 Respond to project Requests for Information (RFI's)

2.03 Participate in weekly or bi-weekly construction progress meetings and prepare meeting minutes

2.04 Review product and materials submittals

2.06 Review change order
2,06 Preparation of plan updates
Task 3 - Project Close Out

3.01 Review contractors' record drawings ('As Built"), finalize record drawings

3.02 Participate in the final inspection and preparation of the punch list. Finalize and deliver all project files to the crhy
RFI responses
Submittal reviews
Meeting summary letters
Punchlist report
As-built record drawings
Proposal to Provide Landscape Architectural Design Services for C!rCle Park ConStruc(ion Document Package, Cit')/ 01 SOuth GaTe

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147

FEE SCHEDULE
Phase One: Pre Design Services
A, Site topographic survey with property line
B. Geotechnical report with percolation tests for foundations, flatwork and stormwater
C. Environmental MND preparation support
$ 15,191
Phase Two: Design Development
A. Landscape Architecture and Project Management
B. Civil Engineering
C. Electrical Engineering
$ 42,000
Phase Three: Community Outreach/Program Confirmation A. Landscape Architecture and Project Management
B. Civil Engineering
C. Electrical Engineering
$ 5,040
Phase Four: Construction Document Development
A. Landscape Architecture and Project Management
B. Civil Engineering
C. Electrical Engineering
D. Structural Engineer
$ 256,000
Reimbursables Estimate $ 3.000
TOTAL PROPOSED FEE $ 321,231
Phase Five: Bidding & Construction Assistance (T& M) A. Landscape Architecture and Project Management
B. Civil Engineering
C. Electrical Engineering
(Services not included
in this fee)
ASSUMPTIONS:

1. Further qualifications for these fees are listed on the attached subconsultant proposals.

2. The values identified for each task and consultant may be adjusted and reallocated to Other taSkS Or consultants by DVD aS the design iS further developed.

Proposal to Provide Landscape Architectural Design Services for Circle Park Construction Document Package, City of South Gate

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FEE SCHEDULE

3. Electronic Plans will be delivered to the city for printing.

4. Evaiuation Of existing On-Site structures iS net included in the SCOpe. Removal Of hazardous materials is not included.

5. Preparation of environmental documents and reports are not included in this proposal.

6. Billings for the above fee will be invoiced monthly for the work completed in the previous month and at all milestone submittals.

7. Electronic submittal of plans and graphics will be the preferred delivery method for submittals and reviews. Printing costs will be billed to the city at cost plus 15% in addition to the above fees.

HOURLY RATES
Principals
Senior Licensed Architect
Building Designer
Project Professional
Project Designer/ CADD Technician
Administrative
$220/hour
$193/hour
$155/hour
$155/hour
$121/hour
$115/hour
David Volz Design hourly rates are inclusive of direct costs such as vehicle usage and mileage, equipment usage (including computers). Printing, copying, and reimbursable expenses will be billed at cost plus fifteen percent in addition to the stated services fee.

Printing prepared in-house will be provided at market rates without mark-up.

Proposal to Provide Landscape Architectural Design Services for Circle Park Construction Document Package, City of South Gate

9/25/2018
149
CITY MAt4ASER'S OFFICE Item No. 6
MAR 21 2fl23
City of South Gate

CITY COUNCIL
AGENJDA E3anLL
For the Regular Meeting of: March 28, 2023
ent: Public Works
SUBJECT: AGREEMENT WITH SERVITEK ELECTRIC, INC. FOR THE

CONSTRUCTION OF THE REPLACEMENT OF DAMAGED TRAFFIC SIGNAL POLES, CITY PROJECT N0. 655-TRF
PURPOSE: To award an agreement ("Agreement") for the Replacement of Damaged Traffic Signal Poles which is budgeted in the Capital Improvement Program.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving an Agreement with Servitek Electrical Inc., for the Replacement of Damaged Traffic Signal Poles, City Project No. 655-TRF ("Agreement"), in an amount not-to- exceed $351,857;
b. Appropriating $315,170 in Proposition C Funds to fully fund the Replacement of Damaged Traffic Signal Poles, City Project No. 655-TRF ("Project"); c. Approving the Notice of Exemption for the Project, pursuant to Title 14 of the California Code of Regulations, Existing Facilities Section 15301 Class and directing the City Clerk to file it with the Los Angeles County Registrar Recorder's Office; and d. Authorizing the Mayor to execute the Agreement in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no impact to the General Fund. The proposed Agreement is in the amount of $351,857 and the proposed appropriation is in the amount of $315,170, both of which are proposed to be funded with Proposition C Funds. The proposed project budget is summarized below.

Pro,iect Services Proposition C
Construction Agreement - $351,857
Construction Contract Contingency $35,000
Construction Management and- Inspection $30,000
Construction Management and Inspection Contingency $10,000 Staff Time (Pro.iect-Management and Field Operations) $5,000 Total $431,857
1 150
ANALYSIS: The Project is a part of the Capital Improvement Program. It is 'tunded with $116,687 in Prop C Funds. A total of $315,170 in additional funds are necessary to fully fund the proposed project budget of $431,857.

BACKGROUND: Seven (7) roadway intersections experienced traffic collisions that resulted in traffic signal pole knockdowns. These intersections had custom traffic signal poles that could not be immediately replaced. The Public Works Department installed temporary traffic signal poles in order to maintain the signalized intersections fully operational.

The Project is being implemented to replace and install the permanent traffic signal poles. The seven intersections are: Atlantic Avenue at Salt Lake Avenue/Patata Street which is jurisdictionally shared with the City of Cudahy; Long Beach Boulevard at Ardmore Avenue; Otis Street at Santa Ana Street which is jurisdictionally shared with the City of Huntington Park; State Street at Southern Avenue; State Street at Tweedy Boulevard which is jurisdictionally shared with the City of Lynwood; Garfield Avenue at El Paseo (Target Entrance); and Firestone Boulevard at Atlantic Avenue.

The design of the seven (7) signalized intersections is complete. An Agreement is necessary to start construction.

On February 6, 2023, staff advertised the Notice Inviting Bids for construction in the Daily Journal. The Project was also advertised on the City's website and Ebidboard. On February 23, 2023, the City held a bid opening at the City Clerk's office. Four (4) bids were received as summarized below. The $150,000 is the engineer's estimate. After completion of the bid analysis, Servitek Electric, Inc was confirmed to be the lowest responsible bidder and its bid was confirmed to be responsive.

No. Contractor
Servitek Electric, Inc.

California Professional Engineering, Inc.

Crosstown Electrical & Data, Inc.

Belco Elecnor Group
Total Bid Proposal Amount
$351,857
$376,120
$419,878
$467,000
Servitek Electric, Inc. submitted the lowest responsible and responsive bid proposal.

Staff checked the contractor's references. Having been in existence as a general contractor for five years, Servitek Electric, Inc., has the necessary experience to perform the work required for the Project. Based in the City of Industry, Servitek Electric, Inc., has successfully completed similar projects for other public agencies.

Pursuant to the guidelines of the California Environmental Quality Act (CEQA), the Project was categorically exempt under Title 14 of the California Code of Regulations, Existing Facilities Section 15301 Class (c): Existing highways and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities.

Construction of the Project is scheduled to begin in April 2023 and be completed in May 2023. 2 151
ATT ACHMENTS: A.

B.

C.

D.

Proposed Agreement
Bid Summary
Notice of Exemption
Location Map
JL:lc
152
Attachment A

AGREEMENT FOR THE REPLACEMENT OF DAMAGED

TRAFFIC SIGNAL POLES BETWEEN
THE CITY OF SOUTH GATE AND SERVITEK ELECTRIC, INC.

This Agreement for the Replacement of Damaged Traffic Signal Poles, City Project No.655-TRF ("Agreement"), is made and entered into on March 28, 2023, by and between the City of South Gate, a municipal corporation ("City"), and Servitek Electric, Inc., a California corporation, License No. 1035350 ("Contractor"). City and Contractor are sometimes hereinafter individually referred to as a "Party" and collectively referred to as "Parties." The City and the Contractor hereto mutually agree as follows:

ARTICLE I

THE PROJECT
For and in consideration of the mutual promises set forth herein, Contractor agrees with City to perform and complete in good and workmanlike manner all work required by the Contract Documents for City Contract No. 5 which involves the Replacement of Damaged Traffic Signal Poles, City Project No. 655-TRF.

Said work shall be performed in accordance with the Plans, Specifications, and other Contract Documents, all of which are referenced in Article III hereof and incorporated herein as though fully set forth. Contractor shall furnish at its own expense all labor, materials, equipment and services necessary therefore, except such labor, materials, equipment and services as are specified in the Contract Documents to be furnished by City.

ARTICLE II

CONTRACT SUM AND PAYMENT
For performing and completing the work in accordance with the Contract Documents, City shall pay Contractor, in full compensation therefore, the contract sum of Three Hundred and Fifty- One Thousand Eight Hundred Fifty-Seven ($351,857) set forth in the Bid Schedule(s) that are included among the Contract Documents. Said sum shall constitute payment in full for all work performed hereunder, including, without limitation, all labor, materials, equipment, tools and services used or incorporated inthe work, supervision, administration, overhead, expenses and any and all other things required, 'furnished or incurred for completion of the work as specified in the Contract Documents. City shall make payments to Contractor on account of the contract sum at the time, in the manner, and upon the conditions specified in the Contract Documents. 153

ARTICLE III

CONTRACT DOCUMENTS
The Contract Documents, which constitute the entire Agreement between the City and the Contractor, are enumerated as follows: the Notice Inviting Bids, the Instructions to Bidders, the Accepted Proposal, the Bid Schedule(s), the List of Subcontractors, Contractor's Industrial Safety Record, the Contractors Qualification Statement, the Bid Security Forms for Check or Bond, this Agreement, the Worker's Compensation Insurance Certificate, the Performance Bond, the Payment Bond, the Non-Collusion Affidavit, the Specifications, and Special Provisions and all addenda as prepared prior to the date of bid opening setting forth any modifications or interpretations of any of said documents, and any and all supplemental agreements heretofore or herewith executed amending or extending the work contemplated and which may be required to complete the work in a substantial and acceptable manner, all of which are referred to as the Contract Documents. These form the entire "Contract", and all are as fully a part of the Contract as if attached to this Agreement or repeated herein.

ARTICLE IV

INDEMNIFICATION
The Contractor shall indemnify, hold harmless and defend (with counsel selected by the City), the City of South Gate and its affiliated entities, its officers, employees, consultants and sub- consultants, their respective officers, agents, employees (collectively the "Indemnified Parties"), from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, or corporations furnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and from any and all claims and losses occurring or resulting to any person, firm, corporation or property for damage, injury, death arising out of or connected with the Contractor's obligation to indemnify, defend and save harmless the "Indemnified Parties" as stated hereinabove including, but not be limited to, paying all legal fees and costs incurred in coru'iection with any such claims, losses, lawsuits or actions. THIS

PROVISION SHALL SURVIVE THE COMPLETION OF WORK AND SERVICES TO BE PROVIDED {JNDER THIS AGREEMENT AND THE OTHER CONTRACT DOCUMENTS

ARTICLE V

COMMENCEMENT, COMPLETION AND LIQUIDATED DAMAGES
Contractor shall commence work on a date to be specified in a written Notice to Proceed from the City's Director of Public Works, and shall complete all work within ninety (90) calendar days thereafter (subject to "force majeure" delays, if any, to the extent allowed under the Contract Documents). If the work is not completed within that time, Contractor shall owe and pay to the City liquidated damages in the amount or amounts set forth in the Contract Documents. 154
ARTICLE Vl

EFFECTIVE DATE
This Agreement shall become effective and commence on March 28, 2023.

IN WITNESS WHEREOF, the Parties hereto have caused this Agreement to be executed and attested by their respective officers thereunto duly authorized.

CITY OF SOUTH GATE:

BY:

Maria del Pilar Avalos, Mayor
Dated:

ATTEST:

By:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

By:

Raul F. Salinas, City Attorney
SERVITEK ELECTRIC, INC.:

B7:

Geoff Reyes, President
Dated:
155

WORKER'S COMPENSATION INSURANCE CERTIFICATE
The Contractor shall execute the following form as required by the California Labor Code, Sections 1860 AND 1861.

I am aware of the provisions of Section 3700 of the Labor Code which require every employer to be insured against liability for workers' compensation or to undertake self-insurance in accordance with the provisions of that Code, and I will comply with such provisions before cornrnencing the performance of the work of this Contract.

DATED:

SERVITEK ELECTRIC, INC.

B7:

Geoff Reyes
President
ATTEST:

BY:

Signature
Title
156

INDEMNIFICATION AND LIABILITY INSURANCE REQUIREMENTS The following requirements must be met when submitting insurance certificates to the City of South Gate in connection with Public Works and other projects:

The insurance certificate must be issued to the City of South Gate, 8650 CaliforniaAvenue, South Gate, CA 90280, attention of the City Engineer.

The City of South Gate, South Gate Housing Authority, and their officers, employees, elected officials, and agents must be shown as additional insured per ISO CG 20 101185, and separate endorsement signed by an authorized representative of the insurance company is required.

The City has the right to request a copy of complete insurance policy including all endorsements and certificates.

The Certificate must include cross liability coverage either included in the Commercial General Liability coverage, and so indicate on the face of the Certificate under that heading or by separate endorsement.

The Certificate should also indicate that the insurance covers "All Operations" or should specify the particular services to be provided.

Contractor shall procure and maintain for the duration of the Contract insurance against claims for injuries to persons or damages to property which may arise from or in connection with the performance of the work hereunder by the Contractor, his agents, representatives, employees or subcontractors
Minimum Scope of Insurance
Coverage shall be at least as broad as:

1. Insurance Services Office Commercial General Liability coverage (occurrence from CG 0001).

2. Insurance Services Office form number CA 0001 (Ed. 1/87) covering Automobile Liability, code l (any auto).

3. Workers' Compensation insurance as required by the State of California and Employer's Liability Insurance.

4. Course of Construction insurance covering for "all risks" of loss. Earthquake and flood insurance is not required to be 'furnished by the Contractor. 157
Contractor shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the project which is the subject of this Agreement and the location where work thereunder is to be performed, or the general aggregate limit shall be twice the required occurrence limit.

2. Automobile Liability: $1,000,000 per accident for bodily injury and property damage.

3. Employer's Liability: $1,000,000 per accident for bodily injury or disease.

4. Course of Construction: Completed value of the project that is the subject of this Agreement.

Deductibles and Self-Insured Retention
Any deductibles or self-insured retention must be declared to and approved by the City. At the option of the City, either the insurer shall reduce or eliminate such deductibles or self- insured retention as respects the City, its officers, officials, employees and volunteers; or the Contractor shall provide a financial guarantee satisfactory to the City guaranteeing payment of losses and related investigations, claim administration and defense expenses.

Other Insurance Provisions
The general liability and automobile policies are to contain, or be endorsed to contain, the following provisions:

1. The City, its officers, officials, employees, and volunteers are to be covered as insurers with respect to liability arising out of automobiles owned, leased, hired or borrowed by or on behalf of the Contractor; and with respect to liability arising out of work or operations performed by or on behalf of the Contractor including materials, parts or equipment furnished in connection with such work or operations.

General liability coverage can be provided in the form of an endorsement to the Contractor's insurance or as a separate owner's policy.

2. For any claims related to the project that is the subject of this Agreement, the Contractor's insurance coverage shall be primary insurance as respects the City, its officers, officials, employees, and volunteers. Any insurance or self-insurance maintained by the City, its officers, officials, employees, or volunteers shall be excess of the Contractor's insurance and shall not contribute with it.

3. Each insurance policy required by this clause shall be endorsed to state that coverage shall not be canceled, or modified, by either party, except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City. 158
Course of construction policies shall contain the following provisions:

1. The City shall be named as loss payee.

2. The insurer shall waive all rights of subrogation against the City.

Acceptability of Insurers
Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A:VII.

Verification of Coverage
Contractor shall furnish the City with original certificates and amendatory endorsements effecting coverage required by this clause. The endorsements should be on forms provided by the City or on other than the City's forms, provided those endorsements or policies conform to the requirements. All certificates and endorsements are to be received and approved by the City before work commences. The City reserves the right to require complete, certified copies of all required insurance policies, including endorsements affecting the coverage required by these specifications at any time.

Subcontractors
Contractor shall include all subcontractors as insurers under its policies or shall furnish separate certificates and endorsements for each subcontractor. All coverage for subcontractors shall be subject to all of the requirements stated herein.

Indemnification
The Contractor shall indemnify, hold harmless and defend (with counsel selected by the City of South Gate), the City of South Gate, the City of South Gate Housing Authority, their consultants and sub-consultants, and their respective officers, agents, and employees, from any and all claims and losses whatsoever occurring or resulting to any and all persons, firms, corporations or other entities :[urnishing or supplying work, services, materials, or supplies in connection with the performance of this Agreement, any and all claims, lawsuits or actions arising from the awarding or execution of this Agreement, and from any and all claims and losses occurring or resulting to any person, firm, corporation or other entity, or property for damage, injury, death arising out of or connected with the Contractor's obligation to indemnify, defend and save harmless the City of South Gate, the City of South Gate Housing Authority, their consultants, sub-consultants, and other parties listed above, as stated hereinabove shall include, but not be limited to, paying all legal fees and costs incurred by legal counsel of the City of South Gate's choice in representing the City of South Gate, the City of South Gate Housing Authority, consultants and sub-consultants in connection with any such claims, losses, lawsuits or actions. THIS PROVISION SHALL

SURVIVE THE COMPLETION OF WORK AND SERVICES TO BE PROVIDED

UNDER THIS AGREEMENT
/O 159

REPLACEMENT OF DAMAGED TRAFFIC SIGNAL POLES
CITY PROJECT NO. 655-TRF

FAITHFUL PERFORMANCE BOND
100% OF CONTRACT AMOUNT
KNOW ALL MEN BY THESE PRESENTS:

WHEREAS, the City of South Gate ("City" herein) has awarded to Servitek Electric, Inc., ("Contractor" herein) a Contract for:

REPLACEMENT OF DAMAGED TRAFFIC SIGNAL POLES, CITY PROJECT NO. 655-TRF; and
WHEREAS, said Contract is incorporated herein by this reference; and WHEREAS, said Contractor is required under the terms of said Contract to futnish a bond for the faithful performance of said Contract;
NOW, THEREFORE, we, Contractor and as Surety,
are held and firmly bound unto the City in the penal sum of Three Hundred and Fifty One Thousand Eight Hundred Fifty Seven ($351,857) lawfiil money of the United States, for the payment of which we bind ourselves, our heirs, successors, executors and administrators, jointly and severally, firmly by these presents.

The condition of this obligation is such that the obligation shall become null and void if the above-bounded Contractor, his or its heirs, executors, administrators, successors, or assigns, shall in all things stand to, abide by, well and truly keep and perform the covenants, conditions and provisions in said Contract and any alteration thereof made as therein provided, on his or their part, to be kept and performed at the time and in the manner therein specified, and in all respects according to their true intent and meaning, and shall indemni:ty and save harmless the City, its officers, agents and employees, as therein stipulated; otherwise, this obligation shall be and remain in fiill force and effect.

As a part of the obligation secured hereby, and in addition to the face amount specified, costs and reasonable expenses and fees shall be included, including reasonable attorneys' fees, incurred by the City in successfully enforcing the obligation, all to be taxed as costs and included in any judgment rendered.

The Surety hereby stipulates and agrees that no change, extension of time, alteration or addition to the terms of the Contract, the work to be performed thereunder, or the specifications that accompany the Contract shall in any manner affect its obligations on this bond. The Surety hereby waives notice of any such change, extension of time, alteration or addition to the terms of the Contract, the work, or the specifications.
160
Note: All signatures must be acknowledged before a notary public. Attach appropriate acknowledgment.

CONTRACTOR NAME:

BY:

Geoff Reyes
Title: President
(Type address of Contractor)
(Type name of Surety)
(Type address of Surety)
By:
(Signature of authorized officer)
(Title of officer)
APPROVED AS TO FORM:

Raul F. Salinas, City Attorney
161

REPLACEMENT OF DAMAGED TRAFFIC SIGNAL POLES
CITY PROJECT N0. 655-TRF
100% PAYMENT BOND
WHEREAS, the City of South Gate, South Gate, California ("City" herein), has awarded to Servitek Electric, Inc., ("Contractor" herein) a Contract for the work described as follows:

REPLACEMENT OF DAMAGED TRAFFIC SIGNAL POLES
CITY PROJECT NO. 655-TRF
WHEREAS, said Contractor is required to furnish a bond in coru'iectionwith said Contract, to secure the payment of claims of laborers, mechanics, material suppliers and other persons, as provided by law;
NOW, THEREFORE, we, the undersigned Contractor and Surety, are held firmly bound unto the City in the sum of Three Hundred and Fifty One Thousand Eight Hundred Fifty Seven ($351,857) for which payment well and truly to be made we bind ourselves, our heirs, executors and administrators, successors and assigns, jointly and severally, firmly by these presents.

THE CONDITION OF THIS OBLIGATION IS SUCH THAT, if said Contractor, its heirs, executors, administrators, successors, assigns, or subcontractors shall fail to pay any of the persons named in Civil Code Section 9100(a), or amounts due under the Unemployment Insurance Code with respect to work or labor performed under the Contract, or any amounts required to be deducted, withheld, and paid over to the Employment Development Department from the wages of employees of the Contractor and its subcontractors pursuant to Section 13020 of the Unemployment Insurance Code, with respect to such work and labor, then the Surety herein will pay for the same in an amount not exceeding the sum specified in this bond, otherwise the above obligation shall be void. If suit is brought upon this bond, the said Surety will pay a reasonable attorney's fee to the plaintiff(s) and the City in an amount to be fixed by the court.

This bond shall inure to the benefit of any of the persons named in Civil Code Section 9100(a) as to give a right of action to such persons or their assigns in any suit brought upon this bond.

Said Surety, for value received, hereby stipulates and agrees that no change, extension of time, alteration or modification of the Contract Documents or the work to be performed thereunder shall in any way affect its obligations on this bond, and it does hereby waive notice of such change, extension of time, alteration or modification ofthe Contract Documents or ofwork to be performed thereunder.

IN WITNESS WHEREOF, this instrument has been duly executed by the above-named Contractor and Surety on , 2023..
162
Note: All signatures must be acknowledged before a notary public. Attach appropriate acknowledgment.

CONTRACTOR:

SERVITEK ELECTRIC, INC.

BY:

Geoff Reyes
Title: President
(Type address of Contractor)
(Type name of Surety)
(Type address of Surety)
B7:
(Signature of authorized officer)
(Title of officer)
APPROVED AS TO FORM:

Raul F. Salinas, City Attorney
163

NON-COLLUSION AFFIDAVIT TO BE EXECUTED BY

EACH AWARDEE OF A PRINCIPAL CONTRACT

ST ATE OF CALIFORNIA

COUNTY OF
being first duly sworn, deposes and says that he is of (sole owner, a
partner, president, etc.) the party making the foregoing bid, that such bid is not made in the interest of or behalf of any undisclosed person, partnership, company, association, organization or corporation, that such bid is genuine and not collusive or sham, that said bidder has not directly or indirectly induced or solicited any other bidder to put in a false or sham bid, and has not directly or indirectly colluded, conspired, connived or agreed with any bidder or anyone else to put in a sham bid, or that anyone shall refrain from bidding, that said bidder has not in any manner, directly or indirectly, sought by agreements, communication or conference with anyone to fix the bid price of said bidder or of any other bidder, or to fix the overhead, profit or cost element of such bid price, or of that of any other bidder, or to secure any advantage against the public body awarding the Contract or anyone interested in the proposed Contract; that all statements contained in such bid are true and, further, that said bidder has not, directly or indirectly, submitted his bid price, or any breakdown thereof, or the contents thereof, or divulged information or data relative thereto, or paid and will not pay any fee in connection therewith to any corporation, partnership, company, association, organization, bid depository or to any member or agent thereof, or to any other individual, except to such person or persons as have a partnership or other financial interest with said bidder in their general business.

Signed
Title
Subscribed and sworn to before me this day of , 2023.

Notary Public
(Attach Notary Certificate)
164

REPLACEMENT OF DAM AGED TRAFFIC SIGN AL POLES
CIP No. 655-TRF
NO. ITEM DESCRIPTION

ESTIMATED
QuANTITIES UNIT
SERVITEK ELECTIC, INC CALIFORNIA PROFFESIONAL ENGINEERING, INC. CROSSTOWN ELECTRICAL & DATA INC. ELECNC)R BELCO ELECTRIC, INC.

TOTAL TOTAL TOTAL TOTAL
1 Atlantic Avenue at Salt Lake Avenue/Patata Street Complete 1 LS 5 16,260 5 28,720 S 40,230 5 37,000 2 Long Beach Boulevard at Atdmore Avenue Complete 1 LS S 55,511 S 56,095 S 96,025 S 67,000 3 Otis Street at Santa Ana Street Complete 1 LS S 102,177 S 90,850 !;, 87,513 S 97,CX)0 4 State Street at Southem Avenue Complete 1 LS S 55,035 S 56,320 S 56,780 S 73,000 5 State Street at Tweedy Boulevard Complete 1 LS 5 43,908 5 45,320 S 41,730 5 55,000 6 Garfield Avenue at EI Paseo (Target Entrance) Complete 1 LS S 59,581 S 65,095 5 58,X)0 S 93,000 7 Firestone Boulevard at Atlantic Avenue Complete 1 LS S 19,385 S 32,720 S 38,800 S 45,000 TOTAI S 351,857 9 376,120 S 419,878 S 467,000
165
Notice of Exemption
To: Office of Planning and Research
P.0. Box 3044, Room 113
Sacramento, CA 95812-3044
County Clerk
County OI: Los Angeles
12400 E. Imperial Hwy
Norwalk, CA 90650
Attachment C ]
Appendix E
From:(Public Agency): City of South Gate
Public Works Department
8650 California Avenue, South Gate, CA 90280-3075 (Address)
Project Title: Replacement of Damaged Traffic Signal Poles Project. City Project No. 655-TRF PrO,ect Applicant: City of South Gate
Project Location - Specific:

Tweedy Boulevard from Alameda Street to Atlantic Avenue.

Project Location - City: Sou'h Ga'e Project Location - County: los Angeles Description of Nature, Purpose and Beneficiaries of Project:

The project involves the installation of fiber optic cable, re-wiring of intersections, installation of new traffic signal cabinets and controllers and video detection cameras.

Name of Public Agency Approving Project: C"'I of Sou'h Ga'e Name of Person or Agency Carrying Out Project: C'y of Soulh Ga'e Exempt Status: (check one):
€ Ministerial (Sec. 21080(b%1); 15268);
[] Declared Emergency (Sec. 21080(b)(3); 15269(a)); [] Emergency Project (Sec. 21080(b%4); 15269(b%c));
[x Categorical Exemption. State type and section number: SeCk'on 153ol ClaSs 1(d) € Statutory Exemptions. State code number:

Reasons why project is exempt:

The work falls under the category of restoration of damaged traffic signal poles and traffic signal equipment.

Therefore, this project qualifies for a Categorical Exemption Section 15301 Class 1 (d) under existing facilities and has no significant effects on the environment.

Lead Agency
Contact Person: Josa Loera Area Code/Telephone/Extension: 323-563-9578 If filed by applicant:

1. Attach certified document of exemption finding.

2. Has a Notice of Exemption been filed by the public agency approving the project?, [x Yes [1 No Signature: Date:
[x Signed by Lead Agency € Signed by Applicant
Authority cited: Sections 21083 and 21110, Public Resources Code.

Reference: Sections 21108, 21152, and 21152.1, Public Resources Code.

Title: ACM/DPW
Date Received for Tiling at OPR:

Revised 2011
166
Attachment D
€5(1)
5 '!
a/1I2{ Yl
ff 167

CITYMANAGER'S OFFICE
MAR 2 0 2023
City of South Gate
Item No. 7

CITY COUNCIL

AGENIDA BNLL
For the Regular Meeting o:f: March 28, 2023
Originating Department: Human Resources
Human Resources Director: Ciffl Manager:

Chr:is Je,ffers
SUBJECT: APPROVAL OF COMPREHENSIVE SUCCESSOR MEMORANDUMS OF

UNDERSTANDING WITH THE SOUTH GATE MUNICIPAL EMPLOYEES'

ASSOCIATION (SGMEA) AND THE SOUTH GATE PROFESSIONAL MID-

MANAGEMENT ASSOCIATION (SGPMMA)
PURPOSE: To approve the comprehensive successor Memorandums of Understanding ("MOU") between the City of South Gate ("City") and the South Gate Municipal Employees Association ("SGMEA") and the South Gate Professional Mid-Management Association ("SGPMMA") (collectively "MOUs") covering the term of July 1, 2021, through June 30, 2024, which shall supersede the predecessor MOUs, Amendments and Tentative Agreements between the City and the SGMEA and SGPMMA.

RECOMMENDED ACTIONS:
a. Adopt Resolution approving the SGMEA MOU and the SGPMMA MOU for the term of July 1, 2021, through June 30, 2024; and
b. Authorize the Mayor to execute the comprehensive successor Memorandums of Understanding in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no fiscal impact from adopting the Resolution approving the comprehensive successor MOUs as the terms were previously negotiated and were budgeted in each fiscal year covered by these comprehensive successor MOUs.

BACKGRO{JND: The last MOUs between the City and the SGMEA & SGPMMA covered the term of July 1, 2014, through June 30, 2015 (Contract No. 3084 and Contract No. 3085). Since the date these MOUs were approved by City Council, the following City Council approved amendments have occurred:
* Amendment No. 1 to Contracts No. 3084 & 3085 extended the term of the MOU between the City and the SGMEA and SGPMMA through June 30, 2017. @ On December 12, 2017, the City Council approved the Amended and Restated Tentative Agreements (ARTA) with the SGMEA & SGPMMA, which covered the term of July 1, 2017, through June 30, 2020.
1 168
* On February 26, 2019, the City Council approved the Side Letter of Agreements with the MEA and PMMA.
@ On August 12, 2021, the City Council approved the Side Letter of Agreements with the MEA and PMMA.
* On July 26, 2022, the City Council approved the Tentative Agreement for Successor MOUs with the SGMEA and SGPMMA which covered the term of July 1, 2021, through June 30, 2024.

The SGMEA and SGPMMA reviewed and approved the recently completed comprehensive successor SGMEA MOU 2021-2024 and the SGPMMA MOU 2021-2024, which do not become effective until accepted, approved, and adopted by the South Gate City Council per Government Code Section 3505.1. Therefore, the City Council is being requested to adopt a Resolution approving the comprehensive successor SGMEA MOU and SGPMMA MOU and authorize the Mayor to execute the same in a form acceptable to the City Attorney.

Staff would like to acknowledge and thank the SGMEA and SGPMMA Board for the time and effort that has been put forth to complete the comprehensive successor SGMEA MOU and the SGPMMA MOU.

ATT ACHMENT: A. Resolution
B. SGMEA MOU 2021-2024
C. SGPMMA MOU 2021-2024
2 169
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA

RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SOUTH GATE,

CAI,IFORNIA, APPROVING A COMPREHENSIVE SUCCESSOR MEMORANDUM

OF UNDERSTANDING WITH THE SOUTH GATE MUNICIPAL EMPLOYEES'

ASSOCIATION (SGMEA) AND THE SOUTH GATE PROFESSIONAL MID-

MANAGEMENT ASSOCIATION (SGPMMA)
WHEREAS, the last Memorandum of Understanding ("MOU") between the City of South Gate ("City") and South Gate Municipal Employees Association ("SGMEA") and the MOU between the City and the South Gate Professional Mid-Management Association ("SGPMMA"), covered the term of July 1, 2014, through June 30, 2015 (Contract No. 3084 and ContractNo. 3085);
WHEREAS, Amendment No. I to Contracts No. 3084 & 3085 extended the term of the MOU between the City and the SGMEA and SGPMMA through June 30, 201 7; and WHEREAS, on December 12, 2017, the City Council approved the Amended and Restated Tentative Agreements (ARTA) with the SGMEA & SGPMMA, which covered the term of July 1, 2017, through June 30, 2020;
WHEREAS, on February 26, 2019, the City Council approved the Side Letter of Agreements with the MEA and PMMA;
WHEREAS, on August 12, 2021, the City Council approved the Side Letter of Agreements with the MEA and PMMA;
WHEREAS, on July 26, 2022, the City Council approved the Tentative Agreement for a Successor Memorandum of Understanding with the SGMEA and SGPMMA which covered the term of July 1, 2021 tmough June 30, 2024;
WHEREAS, the City met and conferred with SGMEA and SGPMMA to consolidate the repeated changes into one comprehensive and complete MOU; and WHEREAS, the SGMEA and SGPMMA reviewed and approved the recently completed comprehensive successor SGMEA MOU 2021-2024 and the SGPMMA MOU 2021-2024, but each shall become effective only ajter adoption by the South Gate City Council.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:
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SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.

SECTION 2. The City Council does hereby accept, approve and adopt the comprehensive successor Memorandums of Understanding between the City and the South Gate Municipal Employees Association, and between the City and the South Gate Professional Mid-Management Association for the term of July 1, 2021 through June 30, 2024, attached respectively hereto as Exhibit "B" and "C."
SECTION 3. The City Clerk shall certi:ty to the adoption of this Resolution which shall be effective upon its adoption.

PASSED, APPROVED and ADOPTED this 28'h day of March 2023.

CITY OF SOUTH GATE:

By:

Maria del Pilar Avalos, Mayor
ATTEST:

By:

Yodit Glaze, Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:

By:
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Contract No.

MEMORANDUM OF UNDERST ANDING

BETWEEN THE

CITY OF SOUTH GATE

AND THE

SOUTH GATE

MUNICIP AL EMPLOYEES

ASSOCIATION
JUI.,Y 1, 2021 JUNE 30, 2024
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CONTENTS

ARTICLE I GENERAL PROVISIONS

SECTION I RECOGNITION
SECTION 2 CURRENT AND SUPPLEMENT AL AGREEMENTS
SECTION 3 NON-DISCRIMINATION
SECTION 4 DURATION
SECTION 5 DUES DEDUCTION
SECTION 6 CONTRACTING OUT SERVICES
SECTION 7 DRESS CODE
SECTION 8 ASSOCIATION BUSINESS
SECTION 9 USE OF CITY FACILITIES
SECTION 10 LABOR MANAGEMENT COMMITTEE
SECTION 11 EMPLOYEE HANDBOOK
SECTION 12 PROBATION
SECTION 13 MAINTENANCE OF BENEFITS
SECTION 14 ELECTRONIC CHECK DEPOSIT
SECTION 15 SUBST ANCE ABUSE POLICY
SECTION 16 SMOKE FREE POLICY
SECTION 17 SUCCESSOR MOU NEGOTIATIONS
SECTION 18 WORK SCHEDULES
SECTION 19 DRINKING WATER
SECTION 20 ASSOCIATION ACCESS TO NEW EMPLOYEE

ORIENT ATIONS AND INFORMATION
SECTION 21 EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT OF

OFFICIAL DOCUMENTS
ARTICLE II SA[ARY & ALLOWANCES

SECTION I PAY INCREASES IMPLEMENT ATION
SECTION 2 WAGES
SECTION 3 LONGEVITY PAY
SECTION 4 MERIT BASED STEP INCREASE
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II
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SECTION 5
SECTION 6
SECTION 7
SECTION 8
SECTION 9
SECTION 10
SECTION 11
SECTION 12
SECTION 13

ACTINGPAY

EDUCATIONAL REIMBURSEMENT

MILEAGE ALLOWANCE

BILINGUAL PAY

CERTIFICATE PAY

UNIFORM PAY

ST ANDBY AND CALL-BACK PAY

HEAVY EQUIPMENT OPERATOR PAY
COMMERCIAL DRIVER'S uCENSE

ARTICLE III FRINGE BENEFITS

SECTION I MEDICAL, DENT AL & VISION INSURANCE
SECTION 2
SECTION 3
SECTION 4
SECTION 5

LIFE INSURANCE

VOLUNTARY LIFE INSURANCE

RETIREMENT

DEFERRED COMPENSATION
SECTION 6
SECTION 7
SECTION 8
SECTION 9

RISK MANAGEMENT & MEDICAL PROTECTION FOR

COMMERCIAL 'LICENSE OPERATORS

PHYSICAL FITNESS

LONG TERM DISABILITY

FLEXIBLE SPENDING ACCOUNT DEPENDENT CARE TAX

SAVINGS
ARTICLE IV LEAVE PO[ICIES

SECTION I HOLIDAY LEAVE
SECTION 2 VACATION
SECTION 3 SICK LEAVE
SECTION 4 PAY FOR JURY DUTY
SECTION 5 UNPAID LEAVE
SECTION 6 MATERNITY LEAVE
SECTION 7 FAMILY MEDICAL LEAVE ACT
SECTION 8 BEREAVEMENT
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SECTION 9 JOB RELATED INJURY OR ILLNESS 36
SECTION 10 MILIT ARY LEAVE 36
SECTION 11 COMPENSATORY TIME LEAVE 37
ARTICLE V DISCIPLINE & GRIEV ANCE PROCEDURES 37
SECTION I DISCIPLINE PROCEDURE 37
SECTION 2 GRIEV ANCE PROCEDURE 42
ARTICLE VI IMPLEMENT ATION OF MEMORANDUM OF UNDERST ANDING ..........45 SECTION I WAGE RIGHTS 45
ARTICLE VII LAYOFFS 46
ARTICLE VIII REHIRES AND CONTRACT EMPLOYEES/CONSULT ANTS .....................48 ARTICLE IX FULL UNDERST ANDING 48
ARTIC[E X REOPENERS 49

APPENDIX A RANGES, STEPS, AND JOB TITLES
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ARTICLE I

GENERAL PROVISIONS

SECTION I RECOGNITION
The South Gate Municipal Employees Association [affiliated and represented by the Service Employees International Union, Local 721], hereinafter called the "Association" or "SGMEA," is the duly recognized employee organization for its members employed by the City of South Gate (hereinafter called the "City") in an employee unit defined in Section 8.2.5 of the City's Employer- Employee Relations Resolution (Resolution No. 4508) as "All Municipal Employees of the City" assigned to the "500" Series salary range.

SECTION 2 CURRENT AND SUPPLEMENT AL AGREEMENTS
The City and the Association previously entered into a Memorandum of Understanding ("MOU") dated January 15, 2015, for the period July 1, 2014 through June 30, 2015 ("SGMEA MOU 2014-2015"), which set forth the wages, hours and other terms and conditions of employment for employees represented by the Association. The SGMEA MOU 2014-2015 was subsequently extended through Amendment No 1 thereto through June 30, 2017. On November 30, 2017, the parties reached a complete Tentative Agreement on a successor MOU for the period July 1, 2017 through June 30, 2020, which was ratified by the members of the SGMEA on December 4, 2017 and adopted by the City Council on December 12, 2017 as Contract 3401. A successor MOU, however, was not prepared prior to the expiration of the Tentative Agreement. Thereafter, the parties agreed to maintain the status quo of the most recent agreement between the parties for an additional year, through June 30, 2021.

It is the intent of the City and the Association that this successor MOU supersede all previous resolutions, MOUs, agreements, side letters or understandings either written or oral, and contains the entire understanding between the parties on all matters subject to the meet and confer process. No amendment, change, or variation hereof shall be valid or binding unless reduced to writing and signed by duly authorized representatives of the City and the Association.
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SECTION 3 NON-DISCRIMINATION
The City and the Association agree that, in applying the terms of this MOU, neither party will discriminate against any employee because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, veteran or military status, political beliefs and affiliations, or union affiliation of any person or for any other reason prohibited by law.

SECTION 4 DURATION
This MOU shall cover the period from July 1, 2021 through June 30, 2024 and shall supersede the SGMEA MOU 2014-15, the Amendment No. I thereto, the Tentative Agreement Contract No. 3401 and any Side Letters entered into during or after the adoption of the Tentative Agreement, which are intended to be incorporated in this MOU if to be continued. The MOU shall become effective only after ratification by the members of the Association and after the first full pay period after adoption by the City Council of the City of South Gate.

SECTION 5 DUES DEDUCTION
A. Automatic Payroll Deduction.

The City will continue automatic payroll deduction for the collection of Association dues throughout the term of this Agreement. The Association may request in writing that the City deduct membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the Association, from the salary or wages of members of the Association. 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 shall also provide the certification of the membership list for deduction purposes to the City on an annual basis or more often as needed. Accordingly, the Association dues shall be deducted each pay period in accordance with City procedures and provisions of applicable law from the salary or wages of each employee whose name is provided in writing by the Association. 01231.0004/818627.5
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The City shall provide for payroll deductions on each payroll period (twenty- six times per calendar year). The City shall remit the total amount of deductions to the Association within thirty (30) calendar days of the date of the deduction. Any changes in the Association dues must be given to the City a minimum of thirty (30) calendar days prior to the change to accommodate changes to payroll. Membership within and/or payment of any dues or fees to the Association shall not be a condition of employment with the City. No individual employee shall be compelled to pay a service fee, agency fee, or any other assessment or payment in lieu of joining the Association.

The Association shall notify the City within ten (10) working days of any discrepancy(ies) concerning dues or other payroll deductions pursuant to this Article. If the Association does not notify the City of any discrepancy within ten (10) working days, then the City shall be relieved of any further responsibility.

The Association shall indemnify, defend, and hold harmless the City for:
(i) any claims made by an individual employee relating to deductions made in reliance upon any certification from the Association, and (ii) any liability arising from any claims, demands, or other action relating to the City's compliance with this Article relating to maintenance of membership.

However, the Association shall not indemnify, defend, or hold harmless the City for its own errors in administering the dues deductions on behalf of the Association. Any claims, demands, disputes arising from the application or interpretation of this Article shall be filed directly with the Association and shall not be subject to the City's grievance procedures.

B. "COPE" Contribution.

Association members may voluntarily authorize in writing a Committee on Political Education (COPE) deduction from their salary. Employees wishing to participate shall provide written authorization on a form furnished by the Association indicating the amount to be deducted. The parties agree that an employee may revoke any such deduction at any time. The parties further agree that neither the Association nor the City will bestow any special benefit or cause any detriment as a result of an employee's voluntary choice to make, decline to make, or revoke contribution.

SECTION 6 CONTRACTING OUT SERVICES
The City retains the right to contract out services as allowed by law. To the extent required by law, the City will meet and confer with the Association 01231.0004/818627.5
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prior to the initiation of the bidding process to contract out bargaining unit work. It is the parties' intent to avoid the lay-off of any employee due to contracting out wherever possible, but the parties' understand that the City may do so as a business necessity. The Association agrees that it will cooperate with the City in determining the most efficient and effective ways to accomplish work processes, though the City retains the ultimate decision making authority regarding matters within its management prerogative/rights as defined by Section 5 of the City's Employer-Employee Relations Resolution No. 4508. If it is determined that a represented employee is laid off as a result of contracting out of services, the employee will receive a separation benefit of four (4) months' pay in addition to the normal termination benefits applicable to other employees covered by this MOU SECTION 7 DRESS CODE
The parties agree that City dress codes shall be determined by management in accordance with business necessity and shall not be subject to meet and confer.

SECTION 8 ASSOCIATION BUSINESS
Elected Association stewards and officials will be provided a reasonable amount of time during normal working hours to conduct official union business. This time will be recorded in accordance with City policy. Time spent on official Association business will not disrupt critical work schedules.

Disputes about this policy will be resolved through good faith discussions between the City and the Association and will not be subject to the grievance procedure.

The City agrees to provide two (2) days of release time with pay per year for each of two (2) Board Members or Board's designee/s to attend conferences or other activities as set by the Association.

SECTION 9 USE OF CITY FACILITIES
The City agrees that the Association may use City facilities to conduct meetings, provided that advance notice is given to the City, proper reservations are made for the use of the facilities to ensure availability and prevent scheduling conflicts, and that such use does not interfere with the normal business operations of the City.
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SECTION 10 LABOR MANAGEMENT COMMITTEE
The parties shall use Joint Labor Management Committee meetings as needed to address issues of concern to the parties. The purpose of the Committee meetings shall 6e to discuss issues of interest to the unit members, issues of interest to management and issues of mutual interest. The party calling for the meeting shall provide the agenda for the meeting and provide the list of attendees from their side at least one week in advance of the meeting, with the other party supplementing the agenda at least two days in advance of the meeting and providing the list of their attendees. The meetings shall be attended by representatives of the City as deemed by the City necessary to address the issues, which shall start with the Director of Human Resources.

The meetings shall be attended by no more than two employee representatives of the Association, along with any non-employee representatives as deemed necessary. If either party requires more than 2 employee representatives, they may request their attendance in advance and the request will not be unreasonably denied.

SECTION II EMPLOYEE HANDBOOK
The Employee Handbook will be updated periodically and will be available in electronic form and subject to meet and confer on matters within the scope of representation.

SECTION 12 PROBATION
A. All new Association represented employees, including classifications working in the City's Police Department, are required to complete a probationary period of one (1) year, which is considered to be an extension of the examination process and an opportunity for the newly placed employee to demonstrate abilities and skills necessary for successful work performance in the particular classification and position. Employees on probation will receive a step raise the first full pay period after successfully completing their probationary period.

B. Any appointment to a position from an eligibility list is subject to a probationary period of one (1) year equivalent to a total of 2,080 actual work time hours including earned Holiday Leave before an appointee acquires a permanent status in the new position.

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shall forward the probationary employee's Performance Appraisal to the Personnel Officer recommending that the employee be given permanent status if their service has been satisfactory, recommending an extension of the probationary period, or recommending that the employee be terminated. The initial probationary period may be extended six (6) months at the discretion of the Department Head in documented cases where work performance cannot be fully evaluated within the initial one (1) year probationary period.

D. If an employee is not timely evaluated on or before twelve (12) months after hire, then their probation is deemed automatically extended until completed and a formal decision is made to fail, pass or extend probation by a set period of time. No employee shall be deemed to have passed probation by failure of the City to timely act on the probation as only formal written approval by the Persoru"iel Officer can result in permanent status in the position. However, if the City does not complete the final evaluation of new hire appointments within sixty (60) business days after the end of the probationary period or extended probationary period, then the employee will be deemed to have passed probation. If the City does not complete the final evaluation of promotional appointments within fifteen (15) business days after the end of the probationary period or extended probationary period, then the employee will be deemed to have passed probation.

E. An employee may be removed by the appointing authority at any time during the probationary period by submission of a termination notice to the Persoru"iel Officer, and the same shall not be subject to review by an Administrative Law Judge or the City Council. The Personnel Officer may restore any employee so terminated to the eligible list from which they were removed if there appears to be adequate basis for anticipating the employee might render satisfactory service in another department. When a present employee with permanent status accepts probationary appointment in a new classification, whether or not promotional, that employee retains the right to return to the position vacated.

F. After completing probation, each employee shall receive an annual performance review which shall be due on the anniversary of the date that they passed probation in their current position.
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SECTION 13 MAINTENANCE OF BENEFITS
All existing wages, hours, and other terms and conditions of employment presently enjoyed by Association members shall remain in full force and effect for the duration of the term of this MOU, except as specifically modified by the provisions herein or by mutual written agreement of the parties.

SECTION 14 ELECTRONIC CHECK DEPOSIT
The City will continue to provide an electronic check deposit program.

SECTION 15 SUBST ANCE ABUSE POLICY
The City and the Association agree that it is appropriate to provide a drug free workplace through the establishment of policies and procedures which clearly prohibit the use of alcohol and other drugs and their influence on the job. The Association will cooperate with the City in implementing its Drug and Alcohol Abuse Policy. The City agrees to meet and confer with the Association prior to making any significant modifications to its Drug and Alcohol Abuse Policy.

SECTION 16 SMOKE FREE POLICY
All City buildings and City vehicles shall be considered smoke-free areas.

SECTION 17 SUCCESSOR MOU NEGOTIATIONS
The parties agree to meet in March of the last year of the contract to begin negotiations for a successor agreement to the MOU.

SECTION 18 WORK SCHEDULES
All existing work schedules, including alternative work schedules, shall continue for the duration of the MOU. The City agrees to meet and confer with the Association on any proposed changes to the alternate work schedules.

SECTION 19 DRINKING WATER
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SECTION 20 ASSOCIATION ACCESS TO NEW EMPLOYEE ORIENT ATIONS AND

INFORMATION
The City agrees to provide no less than ten (10) calendar days' notice to the Association in advance of any new employee orientation(s) and provide the Association access to the orientation(s). Orientation refers to any onboarding process, whether in person, online or through other means. In accordance with Government Code Section 3557, access shall be determined by mutual agreement between the City and the Association. Access could be effectuated by representational attendance or correspondence, although the parties' preference is generally correspondence over representational attendance. The Association shall advise the City reasonably in advance of any orientation as to the type of access requested.

The City agrees to provide the Association with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of any newly hired employee within thirty (30) days of the date of hire. The City also agrees to provide the Association with a list of the foregoing information for all bargaining unit employees at least once every 120 days at the Association's written request.

Notwithstanding the foregoing, the City shall not provide the Association with the home address or any phone number on file with the City of any employee performing law enforcement-related functions. For purposes of this MOU, "law enforcement-related functions" includes any City police department employee and any City code enforcement officer. The City will not provide the Association with any home address, home telephone number, personal cellular telephone number, or personal email address of any employee who has made a written request to the City regarding non- disclosure of said information (except, with respect to personal email addresses, as may be necessary to comply with the Public Records Act).

The Association shall furnish any information needed by the City to fulfill the provisions of this Article. The City shall furnish any information needed by the Association to fulfill the provisions of this Article. The Association shall keep an adequate itemized record of its financial transactions and shall make a detailed written financial report available to the City and to all bargaining unit employees annually.
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SECTION 21 EMP[OYEE ACKNOW'LEDGEMENT OF RECEIPT OF OFFICIAL

DOCUMENTS
Employees being served with City documents that contain a formal Notice of Acknowledgement of Receipt with a signature line and date for the employee to sign and who are directed to sign such document at the time presented, shall promptly sign and date the Notice of Acknowledgement of Receipt or may be subject to discipline for insubordination for failure to comply with an official directive and for violation of this MOU. Any disciplinary document shall have the following sentence before the signature line: "My signature does not mean that I agree with the contents of this document and does not waive any of my rights."

ARTICLE II

SALARY & ALLOWANCES
SECTION I PAY INCREASES IMPtEMENT ATION
All payroll changes for step increases, pay increases, and other compensation changes will be made effective prospectively or retroactively, as is appropriate, on the effective date of said change.

SECTION 2 WAGES
Wages shall be as reflected in Appendix A.

A. For Fiscal Year 2021-22, there shall be no cost-of-living-adjustment ("COLA") or change in salary ranges.

B. Effective the first full payroll period in July 2022 or the first full payroll period after City Council approval of either a Tentative Agreement or a successor MOU, whichever is later, the salary range and base salary for the represented Unit classifications and employees still on payroll shall be increased by seven and one-quarter percent (7.25%).

C. Effective the second full payroll period in July 2022 or the second full payroll period after City Council approval of either a Tentative Agreement or a successor MOU, whichever is later, employees still on payroll and who worked during any part of the period March 18, 2020 to January 1, 2022 shall receive an Essential Worker Stipend of $5,000.00. 01231.0004/818627.5
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D. Effective the first full payroll period in July 2023 the base salary for the classifications for the represented Unit classifications shall be increased by three and one-half percent (3.5%).

E. Effective the second full payroll period in July 2023, employees still on payroll and who worked during any part of the period March 18, 2020 to January 1, 2022 shall receive an Essential Worker Stipend of $4,000.00.

F. Salary ranges for all current classifications shall be updated in the MOU Appendix to be in conformance with the above agreements.

SECTION 3 LONGEVITY PAY
The City recognizes that as an employee's service with the City increases, the employee's knowledge of operating procedures, productivity and ability to provide outstanding service to the citizens of South Gate increases. For these reasons, the City provides longevity pay which is added to each step for eligible employees. Longevity pay is determined once per year (on July 1) and is computed prior to the percentage increase to each Step contained in Section 2. Wages. For pay calculations purposes, such as, but not limited to, overtime, pension, sick leave, and vacation, longevity pay is added to an employee's base pay.

Effective the first full pay period after adoption of the Tentative Agreement for this MOU by the City Council of the City of South Gate, the previous MOU percentages for Longevity Pay shall be converted to flat pay rates based upon the top step for each classification as of June 30, 2022. A Pay Schedule reflecting these flat pay amounts are attached hereto as Appendix A3.

SECTION 4 MERIT BASED STEP INCREASE
All employees will receive an annual performance evaluation in accordance with Article I, Section 12. Advancement to a higher Step in each Grade will be contingent upon overall satisfactory or exemplary performance evaluations.

Should a supervisor fail to complete an evaluation through no fault of the employee, the employee will automatically receive any regularly scheduled tncrease.

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affirmative action to withhold a salary step increase, with this action to be approved by the Department Head. Any action taken to withhold a regularly scheduled salary step increase shall be reviewed by the Personnel Officer if the employee requests. Further, if a supervisor rates an employee unsatisfactory and fails to withhold a step increase, the supervisor shall be required to justify the lack of action. Withholding a salary increase is an administrative action, and not disciplinary, and therefore is not the subject to appeal under the grievance procedure, including the Civil Service Commission or Office of Administrative Hearings. When an employee is given an unsatisfactory performance evaluation, and a salary step withheld, the employee and supervisor shall meet and establish goals and a plan to improve the performance. When an employee meets goals of the performance improvement plan the employee will then earn a step increase.

SECTION 5 ACTING PAY
A. RIGHT TO ADDITIONAL COMPENSATION.

Employees who are formally appointed to act and work in a higher temporarily vacant and budgeted position shall be entitled to additional compensation in the amount set forth below under the terms set forth below.

B. CONDITIONS PRECEDENT ADDITIONAL COMPENSATION

1. Minimum Time in Classification Requirement
The employee must be appointed to work in a temporarily vacant and budgeted higher classification for the requisite time periods specified below:
a. If the temporarily vacant and budgeted higher classification to which the employee is appointed is vacant due to lack of a permanent employee occupying said position, the requisite time period is three (3) consecutive work weeks in order to receive acting pay, at which time the acting pay shall be retroactive to the commencement of the appointment start date.
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cumulative period of four (4) work weeks in a twelve (12) month period preceding the day upon which the employee is appointed to commence acting in the higher classification, at which time the acting pay shall be retroactive to the commencement of the appointment start date.

2. Authorization
Appointment to act and work in a temporarily vacant and budgeted higher classification must be approved in writing signed by the Department Director. Additionally, prior to the first day of eligibility for compensation, as stated in subparagraph 1, the Personnel Officer has authorized the appointment in writing to confirm that there is a temporarily vacant and budgeted higher classification. If the Personnel Officer is not available to approve the appointment, then the Department Director shall not continue the acting appointment beyond five (5) working days unless or until they have obtained approval of the Personnel Officer.

3. Compensation
Acting Pay shall be in the amount equal to the number of hours worked in the higher classification after meeting the minimum time in classification requirement multiplied by the rate of compensation established for that position classification at the step in the Salary and Compensation Resolution necessary to provide the employee with a minimum of a five percent (5%) increase but shall in no event exceed the highest step of the range assigned to the higher classification.

SECTION 6 EDUCATIONAL REIMBURSEMENT
The individual educational reimbursement cap is $2,500 per fiscal year ($3,000 for private universities). The City shall reasonably budget for this expense based upon past use experience. Full-time City employees who have successfully passed their initial probation period are eligible to participate in the educational reimbursement plan.

To be eligible for reimbursement the employee must obtain a grade of "C" or better and submit a grade slip or other evidence of successful course completion and appropriate invoices and/or receipts. If the employee leaves voluntarily or separates from the City within two years of completing a course for which reimbursement is received, he/ she shall be required to repay the 01231.0004/818627.5
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City for said funds, on a pro-rata basis (i.e., 1/24th for each month short of two years). The City may withhold the amount of such reimbursement from the employee's final check.

The City agrees to allow a flexible work schedule for an employee who is enrolled in an academic program and needs an early release time to attend classes. The flexible work schedule is limited to one hour of early release time per day where an employee can start work early or take a shortened lunch break, provided that a ten (10) hour day is completed, subject to all applicable laws, and prior approval of the Department Head.

SECTION 7 MILEAGE ALLOWANCE
The City agrees to reimburse employees at a rate equivalent to the IRS allowable Index for employee use of their personal vehicles during the course and scope of their work and on City business.

SECTION 8 BILINGUAL PAY
Employees who are assigned to a job classification that has been designated by the City as a bilingual preferred position with public contact (i.e., verbal and/or written translation of English to Spanish or Spanish to English is desirable) shall receive additional compensation based on the employee's ability to pass the following bilingual exams:

TIER I

TIER II
Proficient verbal bilingual skill, $75.00 per month.

Proficient verbal, reading, and writing bilingual skills $100.00 per month.

TIER III - Excellent verbal, reading, and writing bilingual skills and the ability to act as a translator in meetings $175.00 per month.

SECTION 9 CERTIFICATE PAY
A. The City shall pay for any health examination required for a job-required license or certificate renewal.

B. Pesticide Application
The City agrees to extend pesticide application certificate pay to those Public Works employees who apply pesticides as part of their job requirements. The City will determine which employees will qualify for pesticide application certificate pay.
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The proper application and disposal of pesticides within the City of South Gate is critical to the health and safety of employees and the community.

Therefore, employees who hold a license and certification that allows for the independent application of pesticides and the training/oversight of other employees in the application of pesticides shall receive an allowance equal to three (3) percent of pay for their grade and step. This allowance is based on the grade and step of the employee and is not computed on top of other allowances, including, but not limited to Longevity Pay.

C. NCCCO Certification
Employees required by their job descriptions to obtain a National Commission for the Certification of Crane Operators (NCCCO) certification for the purposes of operating a crane shall receive additional compensation in the form of $350 per month. Employees who obtain a NCCCO certification for the purposes of operating a crane and whose job description does not require such certification shall receive additional compensation of $50.00 per day for the time actually spent operating the crane on City business. The Department Director must approve the employee obtaining the certificate when the certificate is not required by their job description. The Association grievance regarding NCCCO certification pay which has not yet been resolved shall not be subject to or otherwise impaired by this new provision and shall be determined by the NCCCO certification language in existence at the time the grievance was filed. Any Association represented employee who was already receiving NCCCO certification pay as of the effective date of this MOU shall continue to receive such pay until their current certification expires and shall thereafter be governed by this updated provision.

SECTION 10 UNIFORM PAY
Represented employees shall not receive prior Uniform Allowance for FY 2022-23. The City will instead set up a voucher/approved vendor option, with a reimbursement provision only if voucher/approved vendor is not available.

Employee supervisor must approve any reimbursement request in advance and any reasonable expense request. Until voucher system is set up, City agrees not to discipline employees for poor quality of their uniforms. City and Association to meet and confer within ninety (90) days regarding which classifications/positions are required to wear uniforms, what those uniforms 01231.0004/818627.5
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will be, and the reasonable voucher/reimbursement costs for specific items of uniform.

SECTION II ST ANDBY AND CALL-BACK PAY
A. The City shall provide stand-by pay to all eligible employees, including Police Department employees, as follows: $25.00 weekdays; $35.00 for weekend and/or holiday duty.

B. Stand-By pay for those positions in MEA within the Water Division who take computers home shall be increased to $30.00/weekday and $50.00/ weekend duty. No call-out pay or overtime pay for using computers at remote locations shall be paid unless the employee is called out or requested to work overtime. Other computer users may be added later if approved by the City Manager.

C. In order to be entitled to the standby pay, the designated employee must be continuously available for each twenty-four (24) hour day of standby duty.

D. The purpose of the standby and call back system is to provide an orderly and reasonable method to meet the unusual and emergency needs of the City of South Gate during employees' non-working hours.

E. A monthly schedule for standby personnel will be issued and posted. Each employee is expected to comply with the schedule. Any schedule change will be done by the appropriate supervisor. All substitutions or changes must be approved in advance by the appropriate supervisor.

F. An employee's standby duty shift or tour will be typically for a one- week period, or multiples of one week periods, and will begin at the end of the work day on the first day of the employee's standby tour and shall end at the close of the last work day of the assigned tour.

G. When on standby the employee upon being paged, is required to contact the South Gate Police Department Dispatcher within 15 minutes of the initial page. The employee on standby then has 45 minutes from the time of the page to respond to the call if the employee is located within 30 miles of the City Corporate Yard (or 60 minutes if outside of 30-mile distance.) H. All emergency and standby calls received by the Police Dispatcher are logged as to the time and nature of the call and who was contacted to respond.
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I. It is the individual standby employee's responsibility to be certain that the pager is fully operational by check of the self-test feature. The pager is to be in the possession of the standby employee with the volume set at the appropriate level to be heard from the time the standby shift begins until returning to work the following workday. The pager is to be off during regular work hours.

J. An employee who is assigned to standby and is actually called back to work will be paid one (1) two-hour minimum per call, pay for each call back except if call backs are not within the same initial two (2) hour period.

For calls within the same initial two (2) hour period actual time will be calculated and used for time over and above the two-hour period. Call back time begins when the employee leaves his/her home to report directly to work or, if not at home, at such time that he/she responds to the pager or call.

Example 1: Employee is called in at 8 A.M., finishes at 8:30 A.M., gets second call at 9 A.M. and finishes at 9:30 A.M. Employee would be entitled to two hours at time and one half their regular rate of pay (except on holidays, which are paid at 2'/! times the regular rate of pay).

Example 2: Employee is called in at 8 A.M., finishes at 8:30 A.M., gets second call at 9 A.M. and finishes at 11:30 A.M. Employee would be entitled to three and one half hours at time and one half their regular rate of pay (except on holidays, which are paid at 2% times the regular rate of pay).

Example 3: Employee is called in at 8 A.M., finishes at 8:30 A.M., gets second call at I P.M. and finishes at 1:30 P.M. Employee would be entitled to two call back payments of two hours each at time and one half their regular rate of pay (except on holidays, which are paid at 2'/! times the regular rate of pay).

K. All bargaining unit members living within the City limits will be allowed to drive the city service vehicle to and from work while on standby status.

The vehicle is only to be used for answering standby calls and the standby bargaining unit member has the responsibility to secure the vehicle at night, including locking any tool bins located on the vehicle.

L. In the event an employee works over thirty two (32) hours within two (2) consecutive days (in accordance with Fair Labor Standards Act (FLSA) rules) or at the discretion of Director, the City will provide the employees with the option of overnight accommodations, or reimburse the employee 01231.0004/818627.5
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for hotel accommodations within a five (5) mile radius up to one hundred and twenty-five dollars ($125.00) per night for hotel accommodations for those days worked.

SECTION 12 HEAVY EQUIPMENT OPERATOR PAY
A. Equipment Covered
The parties agree that the following list is defined as "Heavy Equipment" for the purposes of the additional compensation at the rates specified below for bargaining unit employees for the time spent operating the equipment. The list is including but is not limited to the following:
* GAPVAX Jetter Vacuum Truck, Unit 209 (both operators to be compensated)
@ Backhoe/Skiploader; Units 351, 288, 299
* Boom Truck, Unit 203
* Dump Trucks - Units 284 & 329
* Sewer Jetter Unit 208 (both operators to be compensated) * Street Sweeper; Units 220, 213, 218
* Large Cranes; Units 359, 638
B. Compensation Rate

1. If the employee is in a classification lower than Grade 535, Equipment Operator they will receive the hourly pay for the step in Grade 535, Equipment Operator that corresponds to the step they are currently in.

For instance, if an employee is in Step C, he/she will receive the hourly rate for Step C in Grade 535, Equipment Operator, for the time actually spent operating heavy equipment.

2. If the employee is in a classification that is in Grade 535, Equipment Operator or higher, they will receive a pay differential of five percent (5%) above the employee's pay grade. This category of employees will receive this five percent (5%) differential for the time actually spent operating the following Heavy Equipment only:
@ GAPVAX - Jetter Vacuum Truck, Unit 209
* Backhoe/Skiploader; Units 351, 288, 299
* Street Sweeper; Units 220, 213, 218
* Large Cranes; Units 359, 638
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SECTION 13 COMMERCIAL DRIVER'S LICENSE
Any City employee who does not possess a Class B driver's license and who is required by his job description to obtain a Class B license shall be sent while on duty to a certified school, which shall be paid for by the City. The City shall, however, receive a credit for the cost of sending employees to driver's training against the individual educational reimbursement cap of each affected employee. An employee will be provided only one opportunity to attend driving school at City expense pursuant to this provision. Failure to timely obtain the required Class B Driver's license shall be deemed just cause for termination of employment. Within first six (6) months after adoption of a tentative agreement for a successor MOU, the City and Association representatives shall meet and confer to review which represented classifications should require a Class B Driver's license. During this review period, City shall not terminate any represented employee for not having a Class B Driver's license. Prior medical accommodations regarding having or not having Class B Driver's license will continue to be honored as long as accommodations remain authorized as required by law.

ARTICLE III

FRINGE BENEFITS

SECTION I MEDICAL, DENT AL & VISION INSURANCE
A. MEDICA'L INSURANCE
The City will pay insurance premiums which are equivalent to the rate for Kaiser-Region 3. Employees who select more expensive plans will be responsible for any difference in premiums. The City will provide an amount equal to the one-party Kaiser rate per month in deferred compensation to those employees who opt out of the City's medical insurance. Employees who have not opted out prior to July 1, 2022 or who were hired after July 1, 2022 and who opt out of the City's medical insurance shall receive one-half of the premium amount for which they would otherwise qualify. Current employees who have opted out prior to July 1, 2022 will continue to receive 100% of the premium amount.

Employees must show proof of alternate medical coverage on a yearly basis in order to receive payment provided herein. 01231.0004/818627.5
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The current Kaiser-Region 3 rate may be requested from the Personnel Office.

B. DENT AL INSURANCE
The City will:
a. Pay the maximum amount equivalent to the HMO California Dental Network plan family coverage rate. Employees who select more expensive plans (PPOs), will be responsible for any difference in premiums.
b. Provide an amount equal to the HMO California Dental Network plan family coverage rate per month in deferred compensation to those employees who opt out of the City's dental insurance. Employees who have not opted out prior to July 1, 2022 or who were hired after July 1, 2022 and who opt out of the City's dental insurance shall receive one- half of the premium amount for which they would otherwise qualify.

Current employees who have opted out prior to July 1, 2022 will continue to receive 100% of the premium amount. Employees must show proof of alternate dental insurance coverage on a yearly basis in order to receive the payment provided herein.

C. VISION PLAN
The City agrees to contribute up to the monthly dollar amount equal to the Superior Vision plus family coverage rate toward vision plan coverage.

SECTION 2 LIFE INSURANCE
The City shall provide $50,000 of Life and Accidental Death and Dismemberment Insurance for all employees represented by the Association.

However, consistent with current industry standards, coverage will reduce to 65% at age 65, 40% at age 70, 25% at age 75 and 15% at age 80.

SECTION 3 VOLUNT ARY LIFE INSURANCE
Eligible employees will be offered the opportunity to purchase life insurance in addition to the life insurance paid for by the City. Currently the voluntary life coverage is provided by Principal, which establishes the terms and conditions regarding coverage. Employees who elect voluntary life coverage will be responsible for the cost of the premium. If, due to a change in insurance carrier or other reasons, any significant features of the Plan need to be 01231.0004/818627.5
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changed, the City will meet and confer with the Association before the changes are implemented.

SECTION 4 RETIREMENT
A. The City offers a defined retirement benefit plan through the California Public Employees' Retirement System (CalPERS) and there are two (2) tiers depending on date of hire which define the various retirement levels for retirement formula, final compensation calculation and employee contribution/cost sharing as follows:

1. Tier 1: Employees hired prior to 'january 1, 2013 or employees hired by the City on and after January 1, 2013 who are laterals from another CalPERS agency or an agency whose retirement system has reciprocity with CalPERS, within six (6) months.

The retirement formula is 2.7% at 55 years of age. Final compensation is calculated as the average of the single highest year based on the highest twelve (12) consecutive months.

Tier 1 Employees shall pay the full employee CalPERS contribution of eight percent (8%) of compensation.

2. Tier 2: Employees hired on or after January 1, 2013 and who are defined by the Public Employees' Pension Reform Act (PEPRA) as "new members":

The retirement formula is two percent (2%) at 62 years of age. Final compensation is calculated using the highest average annual compensation over a thirty-six (36) consecutive month period.

Pursuant to PEPRA requirements, Employees in Tier 2 shall pay the full amount of the employee's normal cost of the benefits (i.e. one half normal cost), which amount is currently six point seven five percent (6.75%) of compensation.

The City will take such actions necessary to adopt and implement Internal Revenue Code Section 414(h)(2) to enable each employee to make their Employee Contributions, as specified in Article III, Section

4.A.I and 2. above, on a tax deferred basis. Should Federal or State law(s) or regulation(s) require the withholding of personal income taxes, the City will withhold such incomes taxes. 01231.0004/818627.5
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B. COST SHARING
Starting the first full pay period in July 2023, all represented unit members, "Classic" and "PEPRA" as defined by CalPERS, shall pay 1% towards the employer CalPERS contribution as cost sharing to be implemented by a CalPERS contract amendment. In the event that the Association represented employees do not vote to approve such cost sharing or CalPERS contract Amendment, then the City shall be entitled to reduce the July 2023 scheduled wage increase by 1% from 3.5% wage to 2.5%.

C. ADDITIONA[ RETIREMENT BENEFITS
The following are benefits provided to the employees for retirement:

1. POST-RETIREMENT SURVIVOR BENEFIT - Provides that upon death of a member, after retirement, an allowance shall be continued to the surviving spouse.

2. POST-RETIREMENT SURVIVOR ALLOWANCE to Continue After Remarriage - Allows the survivor allowance to continue even though survivor of a retiree re-marries.

3. CONTINUATION OF DEATH BENEFITS - After Remarriage - Provides that the Death Benefits being paid to a spouse of a member who died prior to retirement will be continued in full should the spouse remarry.

4. CALPERS-MISCELLANEOUS - The CalPERS miscellaneous contract shall include the following benefits to be paid by the City to CalPERS:
a. 1959 Survivor Benefit at Level 4 - Highest level of benefits than Basic or other levels of the benefit.
b. Military Service Credit - Credit of maximum of four (4) years of service
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D. RETIREE MEDICAL INSURANCE
The City's Association retirees continue to be covered by the City's Public Employees' Medical & Hospital Care Act (PEMHCA) resolution. For those Association employees who retired prior to the adoption of the Tentative Agreement for this successor MOU and who retired with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, they shall continue to receive a medical insurance benefit not to exceed one hundred and fifty dollars ($150) per month.

For those employees who after the adoption of the Tentative Agreement for this successor MOU retire with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, shall receive a medical insurance benefit not to exceed three hundred dollars ($300) per month.

This section specifically makes no provision for any dependents of the retiree. The retired employee will continue to have the option to purchase medical insurance for themself and their dependents, as currently provided at their own expense.

The City agrees to notify employees of the need to enroll or remain in a CalPERS medical benefit plan to receive this benefit at the time the employee submits the "intent to retire" packet.

SECTION 5 DEFERRED COMPENSATION
The City currently offers a deferred compensation plan to the employees and said plan offers a savings plan only. The City also offers to employees at their expense, a plan that provides multiple investment options. Open enrollment is on an on-going basis.

The City shall match one hundred percent (100%) of employee contributions toward deferred compensation plans up to a maximum of one hundred dollars ($100) per month. Eligibility is subject to the employee's execution and submission to the Human Resources and/or Payroll department of the proper paperwork.
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SECTION 6 RISK MANAGEMENT & MEDICAL PROTECTION FOR COMMERCIAL

LICENSE OPERATORS
The City is concerned with safety, loss reduction, and increased productivity.

To address these issues, the City will meet periodically with the Association to discuss plans that will focus on issues such as, the non-use of sick leave, safe driving record, safety/loss recovery suggestion award program.

SECTION 7 PHYSICAL FITNESS
Each employee shall receive a membership at the South Gate Sports Center in the South Gate Park. The membership will be determined in the following manner:

Employees will receive at no cost a family membership, which includes membership for a spouse and dependent children, and access to the golf course and swimming pool. This membership includes free access to all Park facilities that are open to the publig but excludes City sponsored classes that require a fee. Employees and eligible family members must obtain the required identification cards.

Employees that retire from the City shall receive a lifetime membership to the Sports Center at South Gate Park which will provide access to the facility, as well as the golf course and swimming pool, for the retiree plus one guest upon issuance of the required identification card.

SECTION 8 LONG TERM DISABILITY
The City currently provides a Long-Term Disability Plan to employees by the City.

SECTION 9 FLEXIBLE SPENDING ACCOUNT DEPENDENT CARE TAX SAVINGS The City will pay the minimum per employee administrative fee required for a pre-tax flexible spending account for a medical and dependent childcare savings plan with employees making a contribution. 01231.0004/818627.5
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ARTICLE IV

SECTION I HOLIDAY LEAVE
A. ENTITLEMENT
[EAVE PO[ICIES
Employees who are on the payroll as of July 1st of each Fiscal Year shall be credited with appropriate Holiday Leave per SectionB (below).

Employees in the bargaining unit hired after the 1st of each Fiscal Year will be credited as of the date of hire with ten (10) hours of holiday leave for each designated holiday remaining in the Fiscal Year.

Entitled employees may be absent from work but nevertheless receive compensation at the employee's then current rate of pay on either (a) the holidays designated below; or (b) days otherwise scheduled in advance and agreed upon between the employee's supervisor and the employee.

Entitled employees shall earn Holiday Leave in increments of ten (10) hours if the employee is working or on paid leave both as the holiday occurs during the calendar year, and at the commencement of the day following the designated holiday. Holiday leave time used shall be deducted from the hours credited in increments according to the employee work schedule.

City Holiday Leave is not intended to be carried over from one fiscal year to a succeeding fiscal year. Any unused Holiday hours will automatically be cashed out at the end of the fiscal year at the employee's base pay rate.

B. HOLIDAY OBSERV ANCE/HOURS
Each fiscal year the City shall observe the following named Holidays:

New Year's Day
Martin Luther King's Birthday
President's Day
Cesar Chavez Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
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January 1st
Third Monday of January
Third Monday of February
Last Monday in March
Last Monday of May
July 4th
First Monday of September
Fourth Thursday of November
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Christmas Eve
Christmas Day
December 24th
December 25th
Each fiscal year, all employees shall receive 130 hours of paid Holiday Leave subject to "Section IA, Article IV." The City will observe the ten (10) days set forth above, plus thirty (30) additional hours each year. The thirty (30) additional hours will be applied to effectuate a full week of closure between Christmas and New Year's Day. In the event that less than thirty (30) hours is necessary to effectuate the full week of closure, the balance of the 30 hours will be observed as floating day(s).

Any employee that works without regard to holidays (i.e., police communications, records, jailers, only) - holidays are observed on the actual day of the holiday, including the Closure days between Christmas and New Year's Day. Any employee that works with regard to holidays - holidays that fall on Friday or Saturday become floaters. Floaters shall be taken the next workday after the actual day of the holiday or within the same pay period as the actual day of the holiday.

Holidays that fall on Sunday are observed on Monday. If two-day holidays fall on Sunday/Monday, then holidays are observed Monday/ Tuesday, at time and one half their regular rate of pay for all hours worked plus a floating ten hour paid day off or two and one half times their regular rate of pay for all hours worked.

SECTION 2 VACATION
A. Each employee shall earn vacation in the following manner:

One (1) to four (4) years of service:

Five (5) to nine (9) years of service:

Ten (10) or more to years of service:
80 hours aru"iually
120 hours annually
160 hours aru'iually
Accrued but unused vacation may be carried over from year to year, however, the maximum allowable vacation accrual is three hundred fifty (350) hours. If an employee's vacation accrual is at the maximum level, and the employee has requested vacation within the current notification requirements and been denied use of vacation time, Personnel shall direct that the specific loss of hours due to the denial of time-off request to be rolled over. The rollover will be calculated and accrued in a separate leave bank to be used within one (1) year. The employee shall demonstrate the denial of the time-off request.
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Exceptions to vacation accrual limits will be considered on a case-by-case basis in those circumstances where it is not in the City's best interest to allow an employee to take vacation leave due to limitations such as lack of adequate staffing or time constrained projects.

B. By no later than December 15 of any calendar year, an employee wishing to convert a portion of their future accumulated vacation leave to cash at the hourly rate of base pay then existing, shall notify the Personnel Officer in writing on a form to be supplied by the City of their cash out request, including the amount to be cashed out and acknowledging that the request is irrevocable. In order to be eligible to convert a portion of accumulated vacation leave to cash, an employee must maintain one hundred (100) hours of vacation leave within the employee's account balance after any distribution has been made. Said employee shall be entitled to request a cash distribution up to forty (40) hours and shall be paid the first payroll period the following May.

SECTION 3 SICK LEAVE
A. ENTIT'LEMENT
Employees shall earn one hundred-twenty (120) hours of sick leave per year prorated by pay period. Annually, the City shall permit employees to utilize fifty (50) hours of their accrued sick leave as paid time off for reasons of personal business (not related to illness). These days shall not be regarded as "sick leave used" for any personnel purposes, including employee discipline, evaluations, promotions, assignments, etc.

1. ILLNESS OR INJURY LEAVE, NOTIFICATION AND
VERIFICATION PROCEDURE:

In the event of an absence due to illness or injury, employees must notify their department supervisor (or the supervisor's designee), prior to or at the begiru'iing of their shift starting time. Employees who are incapacitated and cannot notify their department supervisor, must notify their supervisor at the earliest possible time and may have a spouse or other person contact their supervisor within the time limit specified above.
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2. An employee that becomes ill or injured, while working on the job, must request their supervisor's approval to leave work. Those employees injured on the job must file a "First Report of Injury" form and receive authorization for medical treatment from their supervisor.

3. The notification to the department supervisor must include a reason for the absence that is in accordance with current law and an estimated return date. This information will be logged by the department for future reference.

4. Failure to notify the department supervisor, as stated in Notification Section 1, will result in the forfeiture of the sick leave for the period of absence and may result in disciplinary action.

5. All absences not due to illness or injury must be requested as noted in the appropriate leave sections.

6. Verification - In the event that employees have, in their supervisor's sole opinion, an absenteeism problem, an excessive use of sick leave, or have a suspicious absence or group of absences, the supervisor may attempt to verify the absence or proper use of sick leave by any of the following:
a. Telephoning the employee at home (or appropriate location). b, Visiting employee at home.
c. A sub-rosa investigation.
d. A medical evaluation at the City's expense, or e. A medical evaluation at the employee's expense. (A licensed physician must complete the medical evaluation which must include the reason for the absence and permission to return to work).

7. Where an excessive absenteeism pattern has been established without clear justification for said leave, a supervisor may schedule a counseling session to determine the reasons or justification for the excessive use. The counseling session shall be conducted by the Personnel Officer and other attendees of the session shall include the employee, a representative chosen by the employee, if any, and the department representatives. This session shall be documented by a written summary of the abuse problems and discussion. The summary shall be issued by the Personnel Officer and a copy distributed to attendees of the session and to the affected employee's Personnel file. 0123 1.0004/8 18627.5
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8. The purpose of the counseling session is to improve the employee's attendance and/or warn the employee about the consequences of continued abuse. If there is a specific abuse that warrants discipline, or if the above counseling session does not correct abuses, then action will be taken to correct the abuse problem through the discipline process (Section 11, Civil Service Rules and Regulations).

B. SICK LEAVE ADV ANCES
The City will not provide advances in sick leave when an employee has depleted their sick leave balances.

C. SICK LEAVE PAYOFF

1. Employees hired before January 1, 1993, have unlimited sick leave accrual and will be paid according to years of service based on the formula below at the employee's rate of pay at the time of separation.

2. Employees hired on or after January 1, 1993, have a cap on sick leave cash-out of six hundred hours (600) hours and will be paid according to years of service based on the formula below at the employee's rate of pay at the time of separation.

3. Employees hired on or after July 1, 2022 shall not be entitled, to sick leave cash-out upon separation. Sick leave will remain available for conversion upon retirement to CalPERS service credit as then allowed, or not, by the City's CalPERS contract.

4. Accumulated unused sick leave shall be paid off based on the following formula:
a. 15-19 years of service -
50% reimbursement of eligible unused sick leave.
b. 20 years or more of service -
75% reimbursement of eligible unused sick leave.

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SECTION 4 PAY FOR JURY DUTY
A. JURY DUTY SERVICE
All employees who are called for Jury Duty shall be entitled to a maximum of ten (10) days at full salary. Employees are obligated to inform the Judge/ Court that City policy is to only pay ten (10) days of service. Should an employee, through no fault of their own, be required to serve beyond ten (10) days, the employee will receive full salary for Jury Duty service up to an additional twenty (20) days.

Exceptions may be made to this policy by the City Manager in very unusual circumstances.

B. ATTENDANCE

1. A record of attendance from the Court is required and shall be turned in weekly for payroll purposes. Such record is available from the Court Administrator's office. Employees on shifts other than the normal shift shall have off the equivalent time to actual jury service plus reasonable travel time to and from their places of residence; likewise, employees on the regular work shift, who serve on night court juries will have off the actual time of service plus reasonable travel time to and from their places of residence.

2. Employees who serve on jury duty for partial days are expected to report to work if they are released from jury duty within a reasonable amount of time to report back to work (e.g. an employee on day shift serving on South Gate Court duty would be expected to return to work if excused prior to or at 4:00 P.M. However, an employee serving on jury duty for example, in downtown Los Angeles excused at 4:00 P.M. would not be expected to return to work that day). If the option for call- in service is available and workable (the court is within thirty (30) minutes travel time of South Gate), an employee should request call-in status.

SECTION 5 UNPAID LEAVE
A. LEAVE WITHOUT PAY
A leave of absence without pay, up to ninety (90) calendar days in any calendar year, may be granted upon the approval of the Department Head and the Personnel Officer. Leaves of absence in excess of ninety (90) 01231.0004/818627.5
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calendar days must be approved by the Personnel Officer, provided, however, that for leaves of absence other than for illness or injury during any three (3) calendar year period shall not exceed one hundred eighty (180) calendar days. In the case of a bona fide illness or injury, a medical leave may be granted up to a maximum of one (1) year upon the approval of the Department Head and the Personnel Officer. In the event that an employee has no eligible leave to cover an absence from work, authorized or unauthorized, the Department Head and the Personnel Officer may approve the short term leave with due consideration of the employee's work record (with possible counseling or discipline considerations). All applications for leaves of absence without pay shall be submitted to the Personnel Officer on a Personnel Transaction Form. The City shall have sole discretion whether or not to grant unpaid leave and the City's decision is not subject to grievance and/or any appeal.

B. CAT ASTROPHIC ILLNESS/INJURY
If an employee is diagnosed by a qualified Doctor of Medicine to have a catastrophic illness (in a state of total disability from cancer, heart attack, AIDS, etc.) or has a catastrophic injury (an injury that totally disables an employee for an extended period of time), the employee may be entitled to extended health benefit coverage (Medical, Dental, & Life Insurance.) provided by the City (in the same fashion normally provided to the employee). This benefit requires the approval of the Department Head and Persoru"iel Officer, and is applicable when the employee's leave benefits are exhausted, under the following formula:

SECTION 6
Years of Full-Time City
After (2) years
After (4) years
After (7) years
After (10) years

MATERNITY LEAVE
Months of Continued Coverage
3 months
6 months
9 months
12 months
The application of the maternity leave policy is subject to applicable State and Federal laws. The employee may use accrued paid or unpaid leave as appropriate.
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SECTION 7 FAMILY MEDICAL LEAVE ACT
Pursuant to State & Federal law, the City will provide family and medical care leave to eligible employees. The following provisions set forth employees' rights and obligations with respect to sick leave. Rights and obligations which are not specifically set forth below are set in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). Unless otherwise provided by this section, "Leave" under this provision shall mean leave pursuant to the FMLA and CFRA.

A. Amount of Leave Eligible employees are entitled to a total of 480 hours of leave during any 12-month period. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement.

B. The 12-month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previous 12- month period to determine how much leave have been used in determining how much leave a member is entitled to.

C. Use of Accrued Leaves While on Leave - If a member requests leave for any reasons permitted under the law, that person must exhaust all accrued leaves in connection with the leave. The exhaustion of accrued leave will run concurrently with the leave.

SECTION 8 BEREAVEMENT
The term "immediate family" is defined as the spouse, domestic partner, children, father, father-in-law, mother, mother-in-law, brother, brother-in- law, sister, sister-in-law, step children, step parents, foster children, foster parents, grandparents, or grandchildren of the employee, or other person, as approved by the City Manager or their designee.

A. WITHIN THE ST ATE
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employee travels within the state. Employees who travel within the state may take an additional forty (40) hours of leave chargeable to sick leave.

B. OUT OF ST ATE
Upon the death of immediate family out of state, the employee shall have forty (40) hours leave, not chargeable to any other leave, when employee travels out of state. Employees whose bereavement requires travel out of state may take an additional thirty (30) hours leave chargeable to sick leave.

SECTION 9 JOB RELATED INJURY OR ILLNESS
In the event of an absence due to a job related injury or illness, any employee who is entitled to disability payments under Workers' Compensation laws shall receive from the City the difference between such disability payments and his/her full salary for the period of absence up to a maximum of four hundred eighty (480) hours shall not be deducted from accumulated sick leave. However, any relapse at a later date shall not be compensable under this provision, although the same may be chargeable against accumulated, unused sick leave, if any.

SECTION 10 MILIT ARY LEAVE
Military leave is restricted to normally require active duty and does not apply to such matters as weekend drills, etc. Leaves of absence for active military training, service, or other active duty obligations shall be granted in accordance with California and Federal law.

Compensation, reemployment, seniority and other rights and privileges shall be governed by applicable laws. In order to verify the rights to such leave, the employee shall cause a copy of his/her orders to and from military duty and relief therefrom to be filed with City's Persoru"iel Officer. Military leave is recorded on the employee's time sheet and approved by the Department Head Employees are entitled to receive a maximum of eighty (80) hours of paid leave per fiscal year for annual military training. Employees are entitled to receive up to an additional thirty (30) days (300 hours) of paid military leave if they are called to active duty (other than aru'iual training) in the National Guard or one of the branches of the U.S. Military. 01231.0004/818627.5
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SECTION II COMPENSATORY TIME LEAVE
Employees may accrue up to 180 hours of Compensatory Time Leave at any one time. Accrued, unused Compensatory Time Leave shall be cashed-out at an employee's regular rate of pay in the last pay period in June each year.

ARTICLE V

DISCIPLINE & GRIEV ANCE PROCEDURES

SECTION I DISCIPLINE PROCEDURE
A. The Personnel Officer or appropriate appointing authority may take disciplinary action for cause against an employee and within a reasonable period of time after the alleged wrong-doing by the employee. Discipline shall be -administered according to progressive discipline principles.

Employees should be placed on notice and given an opportunity to correct any alleged offenses. Generally, employees should be counseled, followed by a Reprimand/Warning before the City proceeds to more severe discipline such as suspension, reduction in pay, demotion or discharge.

City reserves the right to combine or skip steps depending on the facts of each situation and the nature of the offense. It is understood that certain alleged offenses may be so serious the City may be justified in deviating from progressive discipline principles. In all cases in which the City wishes to administer any disciplinary action, it shall provide the employee and their representative any documentation or other evidence used to support the proposed disciplinary action. The term "disciplinary action," shall be limited in meaning to any of the following:

1. DEMOTION, DISCHARGE, OR REDUCTION IN SALARY
Such disciplinary action may take the form of discharge, reduction in salary, or a demotion where there is a vacancy in the same classification series at a lower level within the department.

2. SUSPENSION
An appointing authority may suspend an employee for one or more of the causes for discipline specified in these rules for a period of up to thirty (30) days.
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3. REPRIMAND/WARNINGS
A written reprimand or written warning is part of the disciplinary process when an action or series of actions by an employee does not warrant discipline, as noted in Article V, Section IB. (Notice of Disciplinary Action); however it does warrant written notification for corrective purposes. A Supervisor (or appropriate management personnel) may issue a written reprimand or written warning to an employee for one or more of the causes for discipline specified in the applicable personnel rules. The issuing authority shall include in the document a "sunset" clause (removal date from persoru"iel file) of eighteen (18) months. Removal of the document shall be subject to the Department Head's sole discretion based upon if the employee's subsequent work record justifies removal, the employee has no further discipline in said time period, and after said period the employee makes a written request to the Department Head for removal of said document from the employee personnel files. If the Department Head refuses to remove the document after 18 months, the employee may appeal this decision to the Personnel Officer, whose decision shall be final and binding. The City's decision whether or not to remove the document is not subject to grievance and/or any appeal.

THE WRITTEN REPRIMAND OR WARNING SHALL ONLY BE
REVIEWED AS FOLLOWS:
a. After receipt of written reprimand or written warning, the employee may request a review of said document to issuing authority within ten (10) working days. Said review may include an oral response and/or written response. The issuing authority's decision may be to rescind the document, to modify the document with no change in content. The employee shall be notified, orally or in writing, of the decision of the issuing authority. b. The employee may request said decision be reviewed by the Department Head, if applicable, within ten (10) days after said notification. The same review process shall be conducted as stated in Article V, Section IB (Notice of Disciplinary Action). c. The employee may request that the above decision be reviewed by the Persoru"iel Officer, within ten (10) days after said notification.

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Section IB (Notice of Disciplinary Action). The decision of the Persoru"iel Officer shall be final with no further review of the reprimand or warning.

B. NOTICE OF DISCIPLINARY ACTION
At any time any disciplinary action is proposed to be taken against any classified employee, they shall be served with written notice at least ten (10) working days prior to the effective date of the proposed disciplinary action, either personally or by certified mail. Said notice shall state the proposed action, the effective date if implemented, the reasons therefore, a copy of the charges and materials upon which the proposed action is b ased, and a copy of Article V of this Agreement. In termination cases, the concerned employee may be suspended from duty, at full pay, from the time notice is served until the effective date of termination.

1. SKELLY PROCEEDING
Prior to implementing the disciplinary action, a Skelly proceeding will take place to allow the employee an opportunity to respond to the proposed discipline and charges, either orally or in writing, or both.

The results of the proceeding may initially be given to the employee orally; however, a written decision will be issued within ten (10) working days of the proceeding
C. APPEAL OF THE DISCIPLINARY ACTION

1. APPEAL TO PERSONNEL OFFICER
A classified employee may file with the Personnel Officer, in writing, an appeal to the disciplinary action and charges. Said appeal shall be filed with the Personnel Officer not more than ten (10) working days after receiving the discipline, or the written results of the Skelly Proceeding referenced in ArticleV, Section IB(I) (Notice of Disciplinary Action/Skelly Proceeding), whichever is later.

The parties shall retain the services of an Administrative Law Judge (ALJ) through the Office of Administrative Hearings (OAH) to conduct the disciplinary appeal and provide an advisory written decision, as described below.
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a, HEARING AN APPEAL
Within six (6) weeks of receipt of an appeal (referred to above), the ALJ shall hold a hearing and shall direct the Personnel Officer to notify those whose presence is required. The appellant shall be entitled to appear personally and to have counsel and they shall be notified in writing of the time and place of meeting. The ALJ may proceed informally and the rules of evidence shall not apply. b, PUBLIC HEARINGS
The fact finding aspect of the ALJ hearings shall be open to the public. The deliberative aspect of such proceedings shall be held in closed session unless the law shall otherwise require. c. FAILURE OF AN APPELLANT TO APPEAR
Failure of an appellant or their counsel to appear at the hearing shall be deemed to be a withdrawal of their appeal and the action of the appointing authority shall be final.
d. CONDUCT OF HEARINGS
The ALJ shall convene the hearing, declare adjournments, recesses and continuances, shall maintain good order and shall call upon the parties to present witnesses, argument and other matters in the normal course of proceedings The ALJ shall rule upon all objections, procedural motions and other matters which may come before the ALJ. At the conclusion of the hearing, after all evidence and arguments have been presented, the matter shall be deemed submitted to the ALJ for decision. The ALJ shall determine whether to affirm, reverse or modify the disciplinary action taken. e, CITY COUNCIL REVIEW
The findings of fact and conclusions of law submitted by the ALJ shall be delivered to the employee (or their representative or legal counsel), the Department Head of the employee's department (or legal counsel), the City Council, the City Manager, the City Attorney and the Personnel Officer. The City Council will have the right of review and final decision to accept or modify the advisory decision in its sole discretion.
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f. COSTS
The City and the Association shall share the costs of using the ALJ and OAH equally, with each side paying their share as and when required by the neutral, third-party or the OAH. In the event that the Association does not support an employee's appeal and/or desire to cover half the appeal hearing costs, then the employee shall be limited to having the ALJ of the OAH issue an advisory decision to the Personnel Officer who shall make the final decision to accept or modify the advisory decision in their sole discretion, with the City bearing all administrative costs associated with the appeal such as OAH and ALJ fees, transcript fees, etc. The Association and/or employee shall bear their own attorney or other representation costs. If the parties mutually agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the ALJ under the same rules stated herein. g, GENERAL DEFINITIONS

1. WORKING DAYS
The term "working days" shall be considered for administrative convenience to be Monday through Thursday, from 7:00 A.M. to 6:00 P.M., excluding Holidays.

2. TIME LIMITS
The failure to submit an appeal within the time limits specified in the various steps provided above shall result in the settlement of the discipline appeal in accordance with the last answer or response given which shall be final and binding, with the exception of elevating a disciplinary action to the Personnel Officer or Administrative Law Judge. All time limits and grievance steps may be shortened, extended or waived, but only by a mutual written agreement signed by the employee and a City representative.

3. PROCEDURAL EXTENSIONS
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4. EMPLOYEE REPRESENT ATIVE
The employee "representative" referred to herein above may be an employee of the City.

SECTION 2 GRIEV ANCE PROCEDURE
A. SCOPE
This Grievance Procedure shall be the exclusive means for resolving all grievances as that term is defined hereinabove except that the following disputes shall not be subject to the provisions thereof:

1. Any dispute arising out of or in connection with meeting and conferring pursuant to Resolution No. 3674.

2. Any dispute arising in or from, or involving a strike, work stoppage or cessation of work in any form by employees of the City.

3. Any appeal concerning disciplinary action affecting any employee (See, Article V, Section 1- Discipline and Grievance Procedure).

B. PROCEDURE
STEP I A grievance may be initiated in this Step I by an employee or group of employees by presenting the grievance orally to the immediate supervisor of the employee or employees involved. The grievance must be submitted to said supervisor within fifteen (15) working days following the occurrence of the event upon which the grievance is based. The supervisor will give an oral answer to the employee or employees involved within no more than fifteen (15) working days after the grievance was orally presented.

STEP 2 If the grievance remains unresolved after Step 1, the grievance may be moved to Step 2 by submitting the same to the Department Head. The grievance shall be submitted in writing on a form supplied by the City. The grievance must be submitted in Step 2 no later than ten (10) working days after the answer in Step 1 has been received or the time for such answer has expired. Within no more than ten (10) working days after receipt of grievance, a meeting will be held with the Department Head and the employee or employees involved. A representative of the employee or employees may be 01231.0004/818627.5
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present if requested. Grievances submitted in Step 2 shall be answered in writing within ten (10) working days of said meeting.

STEP 3 If the grievance remains unresolved after Step 2, the grievance shall be moved immediately by the Department Head or the employee or employees involved to Step 3 by submitting a copy of the written form provided in Step 2 to the Personnel Officer. a. Within no more than ten (10) working days after receipt of the written grievance, a meeting shall be scheduled between the Persoru'iel Officer and the employee or employees involved. A representative of the employee or employees may be present if requested.
b. Grievances involving a dispute between the City and a Recognized Employee Organization may be initiated in this Step by either party in said written form within ten (10) working days of the occurrence of the event giving rise to the grievance. In that event, a meeting shall be scheduled within ten (10) working days of receipt of said written grievance between no more than two (2) designated representatives of the City and two (2) of the Recognized Employee Organization. In addition, the employee or employees involved, if any, the Department Head, and the immediate supervisor shall be entitled to be present at the meeting.
c. Grievances submitted in Step 3 shall be answered by the Persoru'iel Officer in writing within ten (10) working days of said meeting(s).

STEP 4 If the dispute remains unresolved after Step 3, the aggrieved party can request review by an Administrative Law Judge. Such a request must be submitted in writing to the Personnel Officer within ten (10) working days after the answer in Step 3 has been received or the time for such answer has expired. The request for review shall be made on a form supplied by the City.

The City and the Association shall retain the services of an Administrative Law Judge through the Office of Administrative Hearings and shall share the costs of using the Administrative Law Judge and Office of Administrative Hearings equally, with each side paying their share as and when required by the neutral, third- 01231.0004/818627.5
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parff or the Office of Administrative Hearings. In the event that the Association does not support an employee's grievance and/or desire to cover half the grievance hearing costs, then the Step 3 decision of the Personnel Officer shall be final and binding on the matter.

Within thirty (30) calendar days after the receipt of a request for review, the Administrative Law Judge shall hold a hearing. The Personnel Officer shall notify the aggrieved party of the date, time and place of the hearing. The aggrieved party has the right to appear personally and to have counsel appear on its behalf. The hearing shall be conducted pursuant to Article V, Section 1, Subsection d (Conduct of Hearings), above.

The fact finding aspect of the Administrative Law Judge hearings shall be open to the publig the deliberative aspect of such proceedings shall be held in closed session unless the law shall otherwise require. The City Council will have the right of review and final decision to accept or modify the advisory decision in its sole discretion.

If the parties mutually agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the Administrative Law Judge under the same rules stated herein.

C. REVIEW BY CITY COUNCIL
The advisory decision of the Administrative Law Judge shall be final and binding unless within thirty (30) calendar days thereafter a request for review by the City Council is filed with the Persoru"iel Officer, or the City Council, on its own motion, requests review thereof within said period.

D. GENERA'L DEFINITIONS

1. EMPLOYEE REPRESENT ATIVE
The employee "representative" referred to in Steps 2 and 3 above may be an employee of the City.

2. GRIEV ANCE DEFINED
"Grievance" means any dispute or difference between the City and any employee or group of employees, concerning the interpretation or 01231.0004/818627.5
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application of any written City ordinance, resolution, rule, policy, practice or procedure governing the wages, hours and working conditions of City employees. The term "grievance" also includes any dispute or difference between the City and a recognized employee organization concerning the interpretation or application of any existing memorandum of understanding between the City and said recognized employee organization.

3. PROCEDURAL EXTENSIONS
The procedural times set forth herein are absolutely binding upon both parties and will not be considered waived, unless said waiver is in writing and agreed to by both parties.

4. TIME [IMITS
The failure to submit a grievance within the time limits specified in the various steps provided above shall result in the settlement of the grievance in accordance with the last answer or response given which shall be final and binding, with the exception of elevating a disciplinary action to the Personnel Officer of Civil Service Commission. All time limits and grievance steps may be shortened, extended or waived, but only by a mutual written agreement signed by the employee and a City representative.

5. WORKING DAYS
The term "working days" shall be considered for administrative convenience to be Monday through Thursday, from 7:00A.M.to 6:00 P.M., excluding Holidays.

ARTICLE VI

IMPLEMENT ATION OF

MEMORANDUM OF UNDERST ANDING

SECTION I WAGE RIGHTS
A. The Association promises and warrants, that upon acceptance of the aforementioned recommendations of the City's Representatives Designee 01231.0004/818627.5
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by the City Council, its members will provide service to the City upon the terms and conditions herein stated.

B. Subject to the provisions of this Agreement, the parties hereto do hereby agree and acknowledge that the City shall retain all its usual rights and responsibilities.

1. It is understood and agreed that this Memorandum of Understanding is subject to all present and future applicable Federal or State wage and salary control laws and regulations as well as all other applicable Federal and State laws or regulations. If any part of this Memorandum is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable laws or regulations, and the remainder of this Memorandum of Understanding shall remain in full force and effect.

ARTICLE VII
[AYOFFS
For the purposes of this Article "business day" is defined as the normal operating days for personnel, currently Monday through Thursday.

A. The City Council or City Manager may separate any employee or class of positions without prejudice, because of financial or economic condition of the City, reduction of work, or abandonment of activities. The City shall give employees covered by this MOU not less than fifteen (15) business days advance notice of lay-off and the reason therefore. However, no full- time employee shall be separated from a department while regular part- time, or hourly employees are serving in the same positions in the department. The conditions of lay-off shall be as follows:

Order of Separation
The principal criterion used in determining the order of separation and bumping rights shall be seniority, time worked within a class within the City, provided the employee presently possesses the skills, ability and qualifications to perform the job. Furthermore, seniority shall govern 01231.0004/8 18627.5
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unless the following criteria show that ability, merit, and records of the employees considered for lay-off are not equal:
1) Employee's last four (4) performance evaluations rating, if in existence. 2) History of employee written disciplinary actions. 3) Attendance record tardiness, and unexcused absences. 4) In the event the less senior employee in the position in the class to be laid off has superior skills, ability, qualifications, merit and record, as determined in the above maru"ier, then the more senior employee shall be laid-off.

The City shall have the burden of establishing the above criteria.

B. Bumping Rights
The employee laid-off shall be entitled to bump to the position in a class in which they currently or formerly held a permanent appointment and in which there is an employee with less seniority in the class, if physically and mentally able to perform the duties of the former class. After the City has notified the affected employee and also the position available to the employee, if any, to bump, they must notify the Personnel Officer of their intent to exercise the bumping rights within fourteen (14) business days of the position, and classification in the City which they intend to bump, or the bumping rights shall be barred and waived to the employee. The employee with the least seniority in the class shall be bumped by the person who is laid off. The employee bumped shall be considered as laid- off for the same reason as the person who bumped him/her and shall in the same manner be eligible to bump to a position in a class within the City in which they formally had a permanent position.

C. Appointment of Laid-Off Employees to Lower Class The City Manager may approve the appointment of an employee who is to be laid-off to an existing vacancy in a lower class for which they are qualified without requiring an examination, provided the appropriate appointing authority so appoints.
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D. Applicability
These provisions shall apply to all classified positions, including regular part-time positions to the extent any regular part-time positions are covered by this MOU, but shall not apply to unclassified, probationary, hourly, and temporary positions.

E. Lay-off List
The lay-off list shall consist of those employees laid-off in the classification ranked in order of seniority. If there is a classification of a lower rank in the same classification series as the position from which the employee was laid-off, that employee's name shall be placed on the lay-off list for each such lower ranked classification.

A laid-off employee shall retain re-employment rights to the classification from which they were laid-off irrespective of their acceptance of reemployment at a lesser rank.

F. No Probation and Evaluation of Bumped Employee Employees who bump or are bumped shall not be required to serve a probationary period and shall be evaluated using the same criteria and process as other fully vested and tenured employees.

ARTICLE VIII

REHIRES AND CONTRACT EMPLOYEES/CONSULT ANTS
Non-employees and/or outside consultants shall not be involved in employee performance evaluations or discipline of City employees.

ARTICLE IX

FULL UNDERST ANDING
This MOU is the result of a joint effort by the Association and the City to caphire all past agreements between the parties that are still applicable and active. If an issue or practice is included in this MOU, the language of this MOU is controlling. If an issue or practice is not included in this MOU and there is a clear practice or a current written practice, such as the 01231.0004/818627.5
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City's Salary Resolution, covering the issue, the past practice or written practice will be controlling.

ARTICLE X

REOPENERS
The parties do specifically agree to reopen the meet and confer process during the term of this MOU only with regards to the following issues. These reopeners are not contingent upon the execution of any successor MOU and no successor MOU is contingent upon agreement on these reopeners.

1. FLSA Implementation: Implementation of the change from exempt status to non- exempt status, or vice-versa, for affected SGMEA members, including but not limited to related issues of overtime calculations and right to administrative leave for the affected employees.

2. Dental/Vision/Life Insurance/Voluntary Insurances/Section 125 Program: Change of providers for these particular employee benefits and to meet and confer over the effects of any change in providers or related plans.
[The remainder of this page left blank for formatting purposes.] 01231.0004/818627.5
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Memorandum of Understanding between the City of South Gate and the South Gate Municipal Employees Association
-Signature page-
The City and the Association acknowledge that this Agreement is entered into as of the day of February, 2022 and is subject to it being executed by authorized representatives.

CITY OF SOUTH GATE: SOUTH GATE MUNICIPAL
EMPLOYEES ASSOCIATION:

By:

Maria del Pilar Avalos, Mayor Michael Ramirez, President Date: Date:

By:

Brandon Williams, Vice President
Date:

ATTEST:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

Raul F. Salinas, City Attorney
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APPENDIX A
RANGES, STEPS, AND JOB TIT[ES
Pay Plan Category I Classified Miscellaneous Employees Association Salary tables with effective dates attached as follows:

Appendix A1 - effective July 31, 2022
Appendix A2 - effective July 1, 2023
Appendix 43 - Longevity Pay Table effective July 31, 2022 01231.0004/818627.5
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Contract No.

MEMORANDUM OF UNDERST ANDING

BETWEEN THE

CITY OF SOUTH GATE

AND THE

SOUTH GATE

PROFESSIONAL MID-MANAGEMENT

ASSOCIATION
JULY 1, 2021 JUNE 30, 2024
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CONTENTS
ARTICLE I GENERAL PROVISIONS 4
SECTION 1 RECOGNITION 4
SECTION 2 CURRENT AND SUPPLEMENT AL AGREEMENTS .........................4 SECTION 3 NON-DISCRIMINATION 5
SECTION 4 DURATION 5
SECTION 5 DUES DEDUCTION 5
SECTION 6 CONTRACTING OUT SERVICES 7
SECTION 7 DRESS CODE 7
SECTION 8 ASSOCIATION BUSINESS 7
SECTION 9 USE OF CITY FACILITIES 8
SECTION 10 LABOR MANAGEMENT COMMITTEE 8
SECTION 11 EMPLOYEE HANDBOOK 8
SECTION 12 PROBATION 9
SECTION 13 MAINTENANCE OF BENEFITS 10
SECTION 14 ELECTRONIC CHECK DEPOSIT 10
SECTION 15 SUBST ANCE ABUSE POLICY 10
SECTION 16 SMOKE FREE POLICY 11
SECTION 17 TRAINING ST ANDARDS FOR EMPLOYEES WHO SUPERVISE 11
SECTION 18 NEGOTIATIONS 11
SECTION 19 WORK SCHEDULES 11
SECTION 20 ASSOCIATION ACCESS TO NEW EMPLOYEE
ORIENT ATIONS AND INFORMATION 11
SECTION 21 EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT OF
OFFICIAL DOCUMENTS 12
ARTICLE II SALARY & ALLOWANCES 13
SECTION 1 PAY INCREASES IMPLEMENT ATION 13
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CONTENTS (cont.)
SECTION 2 WAGES
SECTION 3 LONGEVITY PAY
SECTION 4 MERIT BASED STEP INCREASE
SECTION 5 ACTING PAY
SECTION 6 EDUCATIONAL REIMBURSEMENT
SECTION 7 EDUCATION INCENTIVE PAY
SECTION 8 MILEAGE ALLOWANCE
SECTION 9 BILINGUAL PAY
SECTION 10 TECHNOLOGY ALLOWANCE

SECTION II OVERTIME (NON-EXEMPT EMPLOYEES)

ARTICLE III FRINGE BENEFITS

SECTION I MEDICAL, DENTAL & VISION INSURANCE
SECTION 2 LIFE INSURANCE
SECTION 3 VOLUNT ARY LIFE INSURANCE
SECTION 4 RETIREMENT
SECTION 5 DEFERRED COMPENSATION
SECTION 6 RISK MANAGEMENT
SECTION 7 PHYSICAL FITNESS
SECTION 8 LONG TERM DISABILITY
SECTION 9 FSA DEPENDENT CARE TAX SAVINGS

ARTICLE IV LEAVE POLICIES

SECTION I HOLIDAY LEAVE
SECTION 2 VACATION
SECTION 3 SICK LEAVE
SECTION 4 PAY FOR JURY DUTY
SECTION 5 UNP AID LEAVE
SECTION 6 MATERNITY LEAVE
SECTION 7 FAMILY MEDICAL tEAVE ACT
SECTION 8 BEREAVEMENT
13 14
14 15
16 17
17 17
17 18
19 19
30 32
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CONTENTS (cont.)
SECTION 9 JOB RELATED INJURY OR ILLNESS
SECTION 10 MILIT ARY LEAVE

SECTION II ADMINISTRATIVE LEAVE
SECTION 12 SPECIAL ADMINISTRATIVE LEAVE

ARTICLE V DISCIPLINE & GRIEV ANCE PROCEDURES
SECTION 1 DISCIPLINE PROCEDURE
SECTION 2 GRIEV ANCE PROCEDURE

ARTICLE VI IMPLEMENT ATION OF MEMORANDUM OF
UNDERST ANDING 45
SECTION 1 WAGE RIGHTS ' 45
ARTICLEVII LAYOFFS 45
ARTICLE VIII REHIRES AND CONTRACT EMPLOYEES/CONSULT ANTS...........47 ARTIC[E IX FU[L UNDERST ANDING 48
ARTICLEX REOPENERS 48
SECTION I COMMERCIAL LICENSE OPERATORS . 48
SECTION2 UPDATINGPOLICIES 48
APPENDIX A RANGES, STEPS AND JOB TITLES .50
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ARTICLE I

GENERAL PROVISIONS

SECTION I RECOGNITION
The South Gate Professional Mid-Management Association [affiliated and represented by the Service Employees International Union, Local 7211, hereinafter called the "Association" or "SGPMMA," is the duly recognized employee organization for its members employed by the City of South Gate (hereinafter called the "City") in an employee unit described in Section 8.2.4 of the City's Employer-Employee Relations Resolution (Resolution No. 4508) as: "All Professional and Management employees in Building, Community Development, Finance, Parks and Recreation, Police and Public Works Departments, defined as management employees assigned to the '600' Series salary range, and excluding the positions listed in section 8.2.7" of Resolution No. 4508.

The employee unit also includes members in the Executive Assistant job series.

SECTION 2 CURRENT AND SUPPLEMENT AL AGREEMENTS
The City and the Association previously entered into a Memorandum of Understanding ("MOU") dated February 23, 2015, for the period July 1, 2014 through June 30, 2015 ("SGPMMA MOU 2014-2015"), which set forth the wages, hours and other terms and conditions of employment for employees represented by the Association. The SGPMMA MOU 2014-2015 was subsequently extended through June 30, 2017.

Thereafter, the parties reached a Tentative Agreement for a successor MOU covering the period July 1, 2017 through June 30, 2020, which was ratified by the Association and approved by City Council, but no successor MOU was ever jointly circulated or adopted prior to the Tentative Agreement's expiration. The Tentative Agreement was subsequently amended on December 12, 2017, July 24, 2018, and February 27, 2019. Thereafter, the parties agreed to maintain the status quo of the most recent agreement between the parties for an additional year, through June 30, 2021.

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understanding between the parties on all matters subject to the meet and confer process. No amendment, change, or variation hereof shall be valid or binding unless reduced to writing and signed by duly authorized representatives of the City and the Association.

SECTION 3 NON-DISCRIMINATION
The City and the Association agree that, in applying the terms of this MOU, neither party will discriminate against any employee because of the race, religious creed, color, national origin, ancestry, physical disability, mental disability, medical condition, genetic information, marital status, sex, gender, gender identity, gender expression, age, sexual orientation, veteran or military status, political beliefs and affiliations, or union affiliation of any person or for any other reason prohibited by law.

SECTION 4 DURATION
This MOU shall be effective from July 1, 2021 through June 30, 2024 and shall supersede the SGPMMA MOU 2014-15, any amendments or side letters thereto, the Tentative Agreement Contract No. 3395 and any amendments or side letters thereto, and any other labor agreements entered prior to this successor MOU, which are all intended to be incorporated in this MOU if to be continued. The MOU shall become effective only after adoption by the City Council of the City of South Gate following ratification by the members of the Association.

SECTION 5 DUES DEDUCTION
A. Automatic Payroll Deduction.

The City will continue automatic payroll deduction for the collection of Association dues throughout the term of this MOU. The Association may request in writing that the City deduct membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by the Association, from the salary or wages of members of the Association. 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 01231.0004/818655.5 5
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terms of the authorization. The Association shall also provide the certification of the membership list for deduction purposes to the City on an annual basis or more often as needed. Accordingly, the Association dues shall be deducted each pay period in accordance with City procedures and provisions of applicable law from the salary or wages of each employee whose name is provided in writing by the Association.

The City shall provide for payroll deductions on each payroll period (twenty-six times per calendar year). The City shall remit the total amount of deductions to the Association within thirty (30) calendar days of the date of the deduction. Any changes in the Association dues must be given to the City a minimum of thirty (30) calendar days prior to the change to accommodate changes to payroll. Membership within and/or payment of any dues or fees to the Association shall not be a condition of employment with the City. No individual employee shall be compelled to pay a service fee, agency fee, or any other assessment or payment in lieu of joining the Association.

The Association shall notify the City within ten (10) working days of any discrepancy(ies) concerning dues or other payroll deductions pursuant to this Article. If the Association does not notify the City of any discrepancy within ten (10) working days, then the City shall be relieved of any further responsibility.

The Association shall indemnify, defend, and hold harmless the City for:
(i) any claims made by an individual employee relating to deductions made in reliance upon any certification from the Association, and (ii) any liability arising from any claims, demands, or other action relating to the City's compliance with this Section relating to maintenance of membership. However, the Association shall not indemnify, defend, or hold harmless the City for its own errors in administering the dues deductions on behalf of the Association. Any claims, demands, disputes arising from the application or interpretation of this Section shall be filed directly with the Association and shall not be subject to the City's grievance procedures.

B. "COPE" Contribution.

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wishing to participate shall provide written authorization on a form furnished by the Association indicating the amount to be deducted. The parties agree that an employee may revoke any such deduction at any time. The parties further agree that neither the Association nor the City will bestow any special benefit or cause any detriment as a result of an employee's voluntary choice to make, decline to make, or revoke contribution.

SECTION 6 CONTRACTING OUT SERVICES
The City retains the right to contract out services as allowed by law. To the extent required by law, the City will meet and confer with the Association prior to the initiation of the bidding process to contract out bargaining unit work. It is the parties' intent to avoid the lay-off of any employee due to contracting out wherever possible, but the parties' understand that the City may do so as a business necessity. The Association agrees that it will cooperate with the City in determining the most efficient and effective ways to accomplish work processes, though the City retains the ultimate decision making authority regarding matters within its management prerogative/rights as defined by Section 5 of the City's Employer-Employee Relations Resolution No. 4508. If it is determined that a represented employee is laid off as a result of contracting out of services, the employee will receive a separation benefit of four (4) months pay in addition to the normal termination benefits applicable to other employees covered by this MOU.

SECTION 7 DRESS CODE
The parties agree that City dress codes shall be determined by management in accordance with business necessity and shall not be subject to meet and confer.

SECTION 8 ASSOCIATION BUSINESS
Elected Association stewards and officials will be provided a reasonable amount of time during normal working hours to conduct official union business. This time will be recorded in accordance with City policy.

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faith discussions between the City and the Association and will not be subject to the grievance procedure.

The City agrees to provide two (2) days of release time with pay per year for each of two (2) Board Members or Board's designee/s to attend conferences or other activities as set by the Association.

SECTION 9 USE OF CITY FACILITIES
The City agrees that the Association may use City facilities to conduct meetings, provided that advance notice is given to the City, proper reservations are made for the use of the facilities to ensure availability and prevent scheduling conflicts, and that such use does not interfere with the normal business operations of the City.

SECTION 10 LABOR MANAGEMENT COMMITTEE
The parties shall use Joint Labor Management Committee meetings as needed to address issues of concern to the parties. The purpose of the Committee meetings shall be to discuss issues of interest to the unit members, issues of interest to management and issues of mutual interest. The parff calling for the meeting shall provide the agenda for the meeting and provide the list of attendees from their side at least one week in advance of the meeting, with the other party supplementing the agenda at least two days in advance of the meeting and providing the list of their attendees. The meetings shall be attended by representatives of the City as deemed by the City necessary to address the issues, which shall start with the Director of Human Resources. The meetings shall be attended by no more than two employee representatives of the Association, along with any non-employee representatives as deemed necessary. If either party requires more than 2 employee representatives, they may request their attendance in advance and the request will not be unreasonably denied.

SECTION II EMPLOYEE HANDBOOK
The Employee Handbook will be updated periodically and will be available in electronic form and subject to meet and confer on matters within the scope of employment.
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SECTION 12 PROBATION
A. All new Association represented employees, including classifications working in the City's Police Department, are required to complete a probationary period of one (1) year, which is considered to be an extension of the examination process and an opportunity for the newly placed employee to demonstrate abilities and skills necessary for successful work performance in the particular classification and position. Employees on probation will receive a step raise the first full pay period after successfully completing their probationary period.

B. Any appointment to a position from an eligibility list is subject to a probationary period of one (1) year equivalent to a total of 2,080 actual work time hours including earned Holiday Leave before an appointee acquires a permanent status in the new position.

C. Evaluations shall be done at six (6) months and twelve (12) months.

Two weeks prior to the end of the probationary period, the Department Head shall forward the probationary employee's Performance Appraisal to the Personnel Officer recommending that the employee be given permanent status if their service has been satisfactory, recommending an extension of the probationary period, or recommending that the employee be terminated. The initial probationary period may be extended six (6) months at the discretion of the Department Head in documented cases where work performance cannot be fully evaluated within the initial one (1) year probationary period.

D. If an employee is not timely evaluated on or before twelve (12) months after hire, then their probation is deemed automatically extended until completed and a formal decision is made to fail, pass or extend probation by a set period of time. No employee shall be deemed to have passed probation by failure of the City to timely act on the probation as only formal written approval by the Personnel Officer can result in permanent status in the position. However, if the City does not complete the final evaluation of new hire appointments within sixty (60) business days after the end of the probationary period or extended probationary period, then the employee will be deemed to have passed probation. If the City does not complete the final evaluation of promotional appointments 01231.0004/818655.5 9
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within fifteen (15) business days after the end of the probationary period or extended probationary period, then the employee will be deemed to have passed probation.

E. An employee may be removed by the appointing authority at any time during the probationary period by submission of a termination notice to the Personnel Officer, and the same shall not be subject to review by an Administrative Law Judge or the City Council. The Personnel Officer may restore any employee so terminated to the eligible list from which they were removed if there appears to be adequate basis for anticipating the employee might render satisfactory service in another department. When a present employee with permanent status accepts probationary appointment in a new classification, whether or not promotional, that employee retains the right to return to the position vacated.

F. After completing probation, each employee shall receive an annual performance review which shall be due on the anniversary of the date that they passed probation in their current position.

SECTION 13 MAINTENANCE OF BENEFITS
All existing wages, hours, and other terms and conditions of employment presently enjoyed by Association members shall remain in full force and effect for the duration of the term of this MOU, except as specifically modified by the provisions herein or by mutual written agreement of the parties.

SECTION 14 ELECTRONIC CHECK DEPOSIT
The City will continue to provide an electronic check deposit program.

SECTION 15 SUBST ANCE ABUSE POLICY
The City and the Association agree that it is appropriate to provide a drug free workplace through the establishment of policies and procedures which clearly prohibit the use of alcohol and other drugs and their influence on the job. The Association will cooperate with the City in implementing its Drug and Alcohol Abuse Policy. The City agrees to meet and confer with the Association prior to making any significant modifications to its Drug and Alcohol Abuse Policy. 01231.0004/818655.5 10
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SECTION 16 SMOKE FREE POLICY
All City buildings and City vehicles shall be considered smoke-free areas.

SECTION 17 TRAINING ST ANDARDS FOR EMPLOYEES WHO SUPERVISE Performance standards for employees who supervise shall be amended to include approved supervisor training each year on City time. This standard shall be imposed through the normal annual performance evaluation process. The Personnel Department will regularly publish training opportunities. Employees will be eligible for paid release time and payment of necessary expenses for approved professional development related to their employment.

SECTION 18 NEGOTIATIONS
The parties agree to meet in March of the last year of this MOU to begin negotiations for a successor agreement to the MOU.

SECTION 19 WORK SCHEDULES
All existing work schedules, including alternate work schedules, shall continue for the duration of the MOU. The City agrees to meet and confer with the Association on any proposed changes to the alternate work schedules.

SECTION 20 ASSOCIATION ACCESS TO NEW EMPLOYEE ORIENT ATIONS

AND INFORMATION
The City agrees to provide no less than 10 calendar days' notice to the Association in advance of any new employee orientation(s) and provide the Association access to the orientation(s). Orientation refers to any onboarding process, whether in person, online or through other means.

In accordance with Government Code Section 3557, access shall be determined by mutual agreement between the City and the Association.

Access could be effectuated by representational attendance or correspondence, although the parties' preference is generally correspondence over representational attendance. The Association shall advise the City reasonably in advance of any orientation as to the type of access requested.
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The City agrees to provide the Association with the name, job title, department, work location, work, home, and personal cellular telephone numbers, personal email addresses on file with the City, and home address of any newly hired employee within thirty (30) days of the date of hire. The City also agrees to provide the Association with a list of the foregoing information for all bargaining unit employees at least once every 120 days at the Association's written request.

Notwithstanding the foregoing, the City shall not provide the Association with the home address or any phone number on file with the City of any employee performing law enforcement-related functions. For purposes of this MOU, "law enforcement-related functions" includes any police department employee and any City code enforcement officer. The City will not provide the Association with any home address, home telephone number, personal cellular telephone number, or personal email address of any employee who has made a written request to the City regarding non-disclosure of said information (except, with respect to personal email addresses, as may be necessary to comply with the Public Records Act).

SECTION 21 EMPLOYEE ACKNOWLEDGEMENT OF RECEIPT OF OFFICIAL

DOCUMENTS
Employees being served with City documents that contain a formal Notice of Acknowledgement of Receipt with a signature line and date for the employee to sign and who are directed to sign such document at the time presented, shall promptly sign and date the Notice of Acknowledgement of Receipt or may be subject to discipline for insubordination for failure to comply with an official directive and for violation of this MOU. Any disciplinary document shall have the following sentence before the signature line: "My signature does not mean that I agree with the contents of this document and does not waive any of my rights.
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ARTICLE II
SALARY & A[LOWANCES

SECTION I PAY INCREASES IMPLEMENT ATION
All payroll changes for step increases, pay increases and other compensation changes will be made effective prospectively or retroactively, as is appropriate, on the effective date of said change.

SECTION 2 WAGES
Wages shall be as reflected in Appendix A.

A. For Fiscal Year 2021-22, there shall be no cost-of-living-adjustment ("COLA") or change in salary ranges.

B. Effective July 31, 2022 and paid starting August 18, 2022, the salary range and base salary for the represented Unit classifications and employees still on payroll shall be increased by seven and one- quarter percent (7.25%).

C. Effective August 14, 2022 and paid September 1, 2022, employees still on payroll and who worked during any part of the period March 18, 2020 to January 1, 2022 shall receive an Essential Worker Stipend of $5000.00.

D. Effective the first full payroll period in July 2023 the base salary for the classifications for the represented Unit classifications shall be increased by three and one-half percent (3.5%).

E. Effective the second full payroll period in July 2023, employees still on payroll and who worked during any part of the period March 18, 2020 to January 1, 2022 shall receive an Essential Worker Stipend of $4000.00.

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SECTION 3 LONGEVITY PAY
The City recognizes that as an employee's service with the City increases, the employee's knowledge of operating procedures, productivity and ability to provide outstanding service to the citizens of South Gate increases. For these reasons, the City provides longevity pay which is added to each step for eligible employees. Longevity pay is determined once per year (on July 1) and is computed prior to the percentage increase to each Step contained in Section 2. Wages. For pay calculations purposes, such as, but not limited to, overtime, pension, sick leave, and vacation, longevity pay is added to an employee's base pay-
Effective the first full pay period after adoption of the Tentative Agreement for this MOU by the City Council of the City of South Gate, the previous MOU percentages for Longevity Pay shall be converted to flat pay rates based upon the top step for each classification as of June 30, 2022. A Pay Schedule reflecting these flat pay amounts are attached hereto as Appendix A3.

SECTION 4 MERIT BASED STEP INCREASE
All employees will receive an annual performance evaluation in accordance with Article I, Section 12. Advancement to a higher Step in each Grade will be contingent upon overall satisfactory or exemplary performance evaluations. Should a supervisor fail to complete an evaluation through no fault of the employee, the employee will automatically receive any regularly scheduled increase.

Merit increases must be recommended by the employee's supervisor and approved by the Department Head. Supervisors are required to take affirmative action to withhold a salary step increase, with this action to be approved by the Department Head. An employee who is denied a merit increase shall be provided, in writing, the basis of denial and may appeal the decision to deny the merit increase through the grievance procedure through Step 3. Further, if a supervisor rates an employee unsatisfactory and fails to withhold a step increase, the supervisor shall be required to justify the lack of action.

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Service Commission or Office of Administrative Hearings. When an employee is given an unsatisfactory performance evaluation, and a salary step is withheld, the employee and supervisor shall meet and establish goals and a plan to improve the performance. When an employee meets goals of the performance improvement plan the employee will then earn a step increase.

SECTION 5 ACTING PAY
A. Right To Additional Compensation
Employees who are formally appointed to act and work in a higher temporarily vacant and budgeted position shall be entitled to additional compensation in the amount set forth below under the terms set forth below.

B. Conditions Precedent Additional Compensation

1. Minimum Time in Classification Requirement
The employee must be appointed to work in a temporarily vacant and budgeted higher classification for the requisite time periods specified below:
a. If the temporarily vacant and budgeted higher classification to which the employee is appointed is vacant due to lack of a permanent employee occupying said position, the requisite time period is three (3) consecutive work weeks in order to receive acting pay, at which time the acting pay shall be retroactive to the commencement of the appointment start date.
b. If the temporarily vacant and budgeted higher classification to which the employee is assigned is vacant due to a temporary absence of a permanent employee, such as illness, vacation, leave of absence, or absence without leave, the requisite time period is a cumulative period of four (4) work weeks in a twelve (12) month period preceding the day upon which the employee is appointed to commence acting in the higher classification, at which time the acting pay shall be retroactive to the commencement of the appointment start date.
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2. Authorization
Appointment to act and work in a temporarily vacant and budgeted higher classification must be approved in writing signed by the Department Director. Additionally, prior to the first day of eligibility for compensation, as stated in subparagraph 1, the Personnel Officer has authorized the appointment in writing to confirm that there is a temporarily vacant and budgeted higher classification. If the Persoru"iel Officer is not available to approve the appointment, then the Department Director shall not continue the acting appointment beyond five (5) working days unless or until they have obtained approval of the Personnel Officer.

3. Compensation
Acting Pay shall be in the amount equal to the number of hours worked in the higher classification after meeting the minimum time in classification requirement multiplied by the rate of compensation established for that position classification at the step in the Salary and Compensation Resolution necessary to provide the employee with a minimum of a five percent (5%) increase but shall in no event exceed the highest step of the range assigned to the higher classification.

SECTION 6 EDUCATIONAL REIMBURSEMENT
The individual educational reimbursement cap is 3,000 per fiscal year ($3,500 for private universities). The City shall reasonably budget for this expense based upon past use experience. Full-time City employees who have successfully passed their initial probation period are eligible to participate in the educational reimbursement plan.

To be eligible for reimbursement the employee must obtain a grade of "C" or better and submit a grade slip or other evidence of successful course completion and appropriate invoices and/or receipts. If the employee voluntarily separates from the City for reasons other than retirement within two (2) years of completing a course for which reimbursement is received, the City may withhold a pro-rated amount of such reimbursement from the employee's last check. The pro-rate shall be 1/24th of the amount for each month short of two (2) years. 01231.0004/818655.5 16
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The City agrees to allow a flexible work schedule for an employee who is enrolled in an academic program and needs an early release time to attend classes. The flexible work schedule is limited to one hour of early release time per day where an employee can start work early or take a shortened lunch break, provided that a 10-hour day is completed subject to all applicable laws, and prior approval of the Department Head.

SECTION 7 EDUCATION INCENTIVE PAY
As long as the degrees at issue are not part of the requirements of the classification, employees who have or obtain a B.A. or B.S. will be paid an additional $50.00 per month. Employees who have or obtain a post- graduate degree will be paid an additional $100.00 per month.

SECTION 8 MILEAGE ALLOWANCE
The City agrees to reimburse employees at a rate equivalent to the IRS allowable Index for employee use of their personal vehicles during the course and scope of their work and on City business.

SECTION 9 BII,INGUA[ PAY
Employees who are assigned to a job classification that has been designated by the City as a bilingual preferred position with public contact (i.e., verbal and/or written translation of English to Spanish or Spanish to English) shall receive additional compensation based on the employee's ability to pass the following bilingual exams:

Tier I Proficient verbal bilingual skill, $75.00 per month.

Tier II Proficient verbal, reading, and writing bilingual skills $100.00 per month.

Tier III Excellent verbal, reading, and writing bilingual skills and the ability to act as a translator in meetings $175.00 per month,
SECTION 10 TECHNOLOGY ALLOWANCE
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$100.00 per month as reimbursement for such use. Such reimbursement shall be taxable as compensation.

SECTION II OVERTIME (NON-EXEMPT EMPLOYEES)
A, Overtime Definition
Overtime means any time worked which exceeds 40 hours in a workweek. Paid hme off shall be included in calculating the 40 hours.

B, Authorization Of Overtime
Non-exempt employees should not work on an overtime basis without prior authorization. In the event that circumstances prevent obtaining the prior authorization, non-exempt employees shall notify their Director as soon as practical.

C. 0ualifying Work
Non-exempt employees performing work on an overtime basis may provide such services using various means. Non-exempt employees may report to a City facility, but may also perform services off-site, depending on the circumstances, if approved by their Director. A non-exempt employee who provides off-duty service as pre- approved by their Director in response to a phone, e-mail or text request, shall record the actual time spent handling the call, e-mail or text and shall report that time, in increments of 15 minutes, as time worked in their workweek.

D, Compensatory Time
Overtime work is compensated at one and one-half times (l.5x) the non-exempt employee's regular rate as defined by the FLSA. Non- exempt employees may elect to receive payment for overtime work in the form of compensatory time off in lieu of the overtime cash payment. Employees may accrue up to 160 hours of compensatory time during the fiscal year but the balance will be automatically cashed out in the last pay period in June each year.
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E. Administrative Leave
SGPMMA bargaining unit employees who are designated non- exempt by the City under the FLSA are ineligible to receive administrative leave or special administrative leave.

ARTICLE III

FRINGE BENEFITS

SECTION I MEDICAL, DENT AI, & VISION INSURANCE
A. Medical Insurance
The City will pay insurance premiums which are equivalent to the rate for Kaiser-Region 3. Employees who select more expensive plans will be responsible for any difference in premiums. The City will provide an amount equal to the one-party Kaiser rate per month in deferred compensation to those employees who opt out of the City's medical insurance. Employees who have not opted out prior to July 1, 2022 or who were hired after July 1, 2022 and who opt out of the City's medical insurance shall receive one-half of the premium amount for which they would otherwise qualify. Current employees who have opted out prior to July 1, 2022 will continue to receive 100% of the premium amount. Employees must show proof of alternate medical coverage on a yearly basis in order to receive payment provided herein.

The current Kaiser-Region 3 rate may be requested from the Personnel Office.

B. Dental Insurance
The City will:
a. Pay the maximum amount equivalent to the HMO California Dental Network plan family coverage rate. Employees who select more expensive plans (PPOs), will be responsible for any difference in premiums.
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those employees who opt out of the City's dental insurance.

Employees who have not opted out prior to July 1, 2022 or who were hired after July 1, 2022 and who opt out of the City's dental insurance shall receive one-half of the premium amount for which they would otherwise qualify. Current employees who have opted out prior to July 1, 2022 will continue to receive 100% of the premium amount.

Employees must show proof of alternate dental insurance coverage on a yearly basis in order to receive the payment provided herein.

C. Vision Plan
The City agrees to contribute up to the monthly dollar amount equal to the Superior Vision plus family coverage rate toward vision plan coverage.

SECTION 2 LIFE INSURANCE
The City shall provide $50,000.00 of Life and Accidental Death and Dismemberment Insurance for all employees represented by the Association. However, consistent with current industry standards, coverage will reduce to 65% at age 65, 40% at age 70, 25% at age 75 and 15% at age 80.

SECTION 3 VOLUNT ARY LIFE INSURANCE
Eligible employees will be offered the opportunity to purchase life insurance in addition to the life insurance paid for by the City. Currently the voluntary life coverage is provided by Principal which establishes the terms and conditions regarding coverage. Employees who elect voluntary life coverage will be responsible for the cost of the premium.

If, due to a change in insurance carrier or other reasons, any significant features of the Plan need to be changed, the City will meet and confer with the Association before the changes are implemented.

SECTION 4 RETIREMENT
A. The City offers a defined retirement benefit plan through the California Public Employees' Retirement System (CalPERS) and there are two (2) tiers depending on date of hire which define the various retirement levels for retirement formula, final compensation calculation and employee contribution/cost sharing as follows:
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1. Tier 1: Employees hired prior to {anuary 1, 2013, or employees hired by the City on and after January 1, 2013, who are laterals from a:nother PERS agency or an agency whose retirement system has reciprocity with PERS, within six (6) months.

The retirement formula is 2.7% at 55 years of age. Final compensation is calculated as the average of the single highest year based on the highest twelve (12) consecutive months.

Tier I Employees shall pay the full employee CalPERS contribution of eight percent (8%) of compensation.

2. Tier 2: Employees hired on or after 'january 1, 2013, and who are defined by the Public Employees' Pension Act (PEPRA) as "new members."
The retirement formula is two percent (2%) at 62 years of age.

Final compensation is calculated using the highest average annual compensation over a thirty-six (36) consecutive month period.

Pursuant to PEPRA requirements, Employees in Tier 2 shall pay the full amount of the employee's normal cost of the benefits (i.e. one half normal cost), which amount is currently six point seven five percent (6.75%) of compensation.

B. Cost Sharing
Starting the first full pay period in July 2023, all represented unit members, "Classic" and "PEPRA" as defined by CalPERS, shall pay 1% towards the employer CalPERS contribution as cost sharing to be implemented by a CalPERS contract amendment. In the event that the Association represented employees do not vote to approve such cost sharing or CalPERS contract Amendment, then the City shall be entitled to reduce the July 2023 scheduled wage increase by 1% from

3.5% wage to 2.5%.

C. Internal Revenue Code Section 414(H)(2)
The City will take such actions necessary to adopt and implement Internal Revenue Code Section 414(h)(2) to enable each employee to make his/her Employee Contributions, as specified in Article III, 01231.0004/818655.5 21
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Section 4.A.1 and 2. above, on a tax deferred basis. Should Federal or State law(s) or regulation(s) require the withholding of personal income taxes, the City will withhold such incomes taxes.

D. Additional Benefits
The following are benefits provided to the employees for retirement:

1. Post-Retirement Survivor Benefit - Provides that upon death of a member, after retirement, an allowance shall be continued to the surviving spouse.

2. Post-Retirement Survivor Allowance to Continue After Remarriage - Allows the survivor allowance to continue even though survivor of a retiree re-marries.

3. Continuation Of Death Benefits - After Remarriage - Provides that the Death Benefits being paid to a spouse of a member who died prior to retirement will be continued in full should the spouse remarry.

4. CalPers-Miscellaneous - The CalPERS miscellaneous contract shall include the following benefits to be paid by the City to CalPERS:
a. 1959 Survivor Benefit at Level 4 - Highest level of benefits than Basic or other levels of the benefit;
b. Military Service Credit
years of service; and
Credit of maximum of four (4)
c. Unused Sick Leave Credit Receive additional service credit at the rate of O.004 years of each day of sick leave.

E. RETIREE MEDICAL INSURANCE
The City's Association retirees continue to be covered by the City's Public Employees' Medical & Hospital Care Act (PEMHCA) resolution. For those Association employees who retired prior to the adoption of the Tentative Agreement for this successor MOU and who retired with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical 01231.0004/818655.5 22
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plan, and remain so retired, they shall continue to receive a medical insurance benefit not to exceed one hundred and fifty dollars ($150) per month,
For those employees who after the adoption of the Tentative Agreement for this successor MOU retire with twenty (20) or more years of City service and remain in a CalPERS medical plan or enroll in a CalPERS medical plan, and remain so retired, shall receive a medical insurance benefit not to exceed three hundred dollars ($300) per month,
This section specifically makes no provision for any dependents of the retiree. The retired employee will continue to have the option to purchase medical insurance for themself and their dependents, as currently provided at their own expense.

The City agrees to notify employees of the need to enroll or remain in a CalPERS medical benefit plan to receive this benefit at the time the employee submits the "intent to retire" packet.

SECTION 5 DEFERRED COMPENSATION
The City offers a deferred compensation plan to the employees and said plan offers a savings plan only. The City also offers to employees at their expense, a plan that provides multiple investment options. Open enrollment is on an ongoing basis.

The City shall match one hundred percent (100%) of employee contributions toward deferred compensation plans up to a maximum of one hundred dollars ($100) per month. Each employee wishing to participate shall complete and submit the proper paperwork to Human Resources and/or Payroll.

SECTION 6 RISK MANAGEMENT
The City is concerned with safety, loss reduction, and increased productivity. To address these issues, the City will meet periodically with the Association to discuss plans that will focus on issues such as, the non-use of sick leave, safe driving record, safety/loss recovery suggestion award program.
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SECTION 7 PHYSICAL FITNESS
Each employee shall receive a membership at the South Gate Sports Center in the South Gate Park. The membership will be determined in the following manner:

Employees will receive at no cost a family membership, which includes membership for a spouse and dependent children, and access to the golf course and swimming pool. This membership includes free access to all Park facilities that are open to the publig but excludes City sponsored classes that require a fee. Employees and eligible family members must obtain the required identification cards.

Employees that retire from the City shall receive a lifetime membership to the Sports Center at South Gate Park which will provide access to the facility, as well as the golf course and swimming pool, for the retiree plus one guest only upon issuance of the required identification card.

SECTION 8 [ONG TERM DISABILITY
The City currently provides a Long-Term Disability Plan to employees by the City.

SECTION 9 FSA DEPENDENT CARE TAX SAVINGS
The City will pay the minimum per employee administrative fee required for a pre-tax medical and dependent child care savings plan with employees making a contribution.

ARTICLE IV

LEAVE POLICIES

SECTION I HOLIDAY LEAVE
A. Entitlement
Employees who are on the payroll as of July 1st of each Fiscal Year shall be credited with appropriate Holiday Leave per Section B (below). Employees in the bargaining unit hired after the 1st of each Fiscal Year will be credited as of the date of hire with ten (10) hours 01231.0004/818655.5 24
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of holiday leave for each designated holiday remaining in the Fiscal Year.

Entitled employees may be absent from work but nevertheless receive compensation at the employee's then current rate of pay on either (a) the holidays designated below; or (b) days otherwise scheduled in advance and agreed upon between the employee's supervisor and the employee.

Entitled employees shall earn Holiday Leave in increments of ten (10) hours if the employee is working or on paid leave both as the holiday occurs during the calendar year, and at the commencement of the day following the designated holiday. Holiday leave time used shall be deducted from the hours credited in increments according to the employee work schedule.

City Holiday Leave is not intended to be carried over from one fiscal year to a succeeding fiscal year. Any unused Holiday hours will automatically be cashed out at the end of the fiscal year at the employee's base pay rate.

B, Holiday Observance/Hours
Each fiscal year, the City shall observe the following named Holidays:

New Year's Day
Martin Luther King's Birthday
President's Day
Cesar CMvez Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Eve
Christmas Day
January 1st
Third Monday of January
Third Monday of February
Last Monday in March
Last Monday of May
July 4th
First Monday of September
Fourth Thursday of November
December 24th
December 25th
Each fiscal year, all employees shall be credited with 130 hours of paid Holiday Leave, subject to "Section IA. Article IV." The City will observe the ten (10) days set forth above, plus thirty (30) additional hours each year. The thirty (30) additional hours will be applied to 01231.0004/818655.5 25
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effectuate a full week of closure between Christmas and New Year's Day. In the event that less than thirty (30) hours is necessary to effectuate the full week of closure, the balance of the 30 hours will be observed as floating day(s). Floaters shall be taken the next workday after the actual day of the holiday or within the same pay period as the actual day of the holiday. Holidays that fall on Friday or Saturday become floaters. Holidays that fall on Sunday are observed on the following Monday. If two-day holidays fall on a Sunday and Monday, then the holidays are observed on Monday and Tuesday.

Any employee that works without regard to holidays (i.e., police department employees) shall observe the holiday on the actual day on which it falls, including the closure days between Christmas and New Year's Day.

At the beginning of each fiscal year, employees will be credited with the total hours of holiday leave for that fiscal year and all holiday leave must be utilized during the fiscal year. Holiday leave used shall be deducted from the hours credited in increments of eight (8) or ten (10) hours for each day taken, according to the employee's work schedule. Employees who are scheduled to work on holidays will be paid their normal daily rate of pay for hours worked. The employee will have the option to take the holiday off at another date to be scheduled by the department as work schedules permit, or to be paid for that holiday at their straight-time rate of pay, which is in addition to the pay they received for working the Holiday.

SECTION 2 VACATION
A. Each employee shall earn vacation in the following manner:

One (1) to four (4) years of service:

Five (5) to nine (9) years of service:

Ten (10) or more years of service:
80 hours annually
120 hours annually
160 hours annually
Accrued but unused vacation may be carried over from year to year, however, the maximum allowable vacation accrual is three hundred fifty (350) hours. If an employee's vacation accrual is at the maximum level, and the employee has requested vacation within the current notification requirements and been denied use of vacation time, Persoru"iel shall direct that the specific loss of hours due to the 01231.0004/818655.5 26
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denial of time-off request to be rolled over. The rollover will be calculated and accrued in a separate leave bank to be used within one (1) year. The employee shall demonstrate the denial of the time- off request.

Exceptions to vacation accrual limits will be considered on a case-by- case basis in those circumstances where it is not in the City's best interest to allow an employee to take vacation leave due to limitations such as lack of adequate staffing or time constrained projects.

B. By no later than December 15 of any calendar year, an employee wishing to convert a portion of their future accumulated vacation leave to cash at the hourly rate of base pay then existing, shall notify the Personnel Officer in writing on a form to be supplied by the City of their cash out request, including the amount to be cashed out and acknowledging that the request is irrevocable. In order to be eligible to convert a portion of accumulated vacation leave to cash, an employee must maintain one hundred (100) hours of vacation leave within the employee's account balance after any distribution has been made. Said employee shall be entitled to request a cash distribution up to forty (40) hours and shall be paid the first payroll period the following May.

SECTION 3 SICK LEAVE
A. Entitlement
Employees shall earn one hundred twenty (120) hours of sick leave per year prorated by pay period. Annually, the City shall permit employees to utilize fifty (50) hours of their accrued sick leave as paid time off for reasons of personal business (not related to illness).

These days shall not be regarded as "sick leave used" for any persoru"iel purposes, including employee discipline, evaluations, promotions, assignments, etc.

B. Sick Leave Program

1. Illness or Injury Leave Notification and Verification Procedure:

In the event of an absence due to illness or injury, employees must notify their department supervisor (or the supervisor's 01231.0004/818655.5 27
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designee), prior to or at the beginning of their shift starting time.

Employees who are incapacitated and cannot notify their department supervisor, must notify their supervisor at the earliest possible time and may have a spouse or other person contact their supervisor within the time limit specified above.

2. An employee that become ill or injured, while working on the job, must request their supervisor's approval to leave work. Those employees injured on the job must file a "First Report of Injury" form and receive authorization for medical treatment from their supervisor.

3. The notification to the department supervisor must include a reason for the absence that is in accordance with current law pnd an estimated return date. This information will be Jogged by the department for future reference.

4. Failure to notify the department supervisor, as stated in Notification Section 1, will result in the forfeiture of the sick leave for the period of absence and may result in disciplinary action.

5. All absences not due to illness or injury must be requested as noted in the appropriate leave sections.

6. Verification In the event that employees have, in their supervisor's sole opinion, an absenteeism problem, an excessive use of sick leave, or have a suspicious absence or group of absences, the supervisor may attempt to verify the absence or proper use of sick leave by any of the following:
a. Telephoning the employee at home (or appropriate location). b. Visiting employee at home.
c. A sub-rosa investigation.
d. A medical evaluation at the City's expense, or e. A medical evaluation at the employee's expense (A licensed physician must complete the medical evaluation which must include the reason for the absence and permission to return to work.
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7. Where an excessive absenteeism pattern has been established without clear justification for said leave, a supervisor may schedule a counseling session to determine the reasons or justification for the excessive use. The counseling session shall be conducted by the Personnel Officer and other attendees of the session shall include the employee, a representative chosen by the employee, if any, and the department representatives. This session shall be documented by a written summary of the abuse problems and discussion. The summary shall be issued by the Personnel Officer and a copy distributed to attendees of the session and to the affected employee's Persoru"iel file.

8. The purpose of the counseling session is to improve the employee's attendance and/or warn the employee about the consequences of continued abuse. If there is a specific abuse that warrants discipline, or if the above counseling session does not correct abuses, then action will be taken to correct the abuse problem through the discipline process (Section 11, Civil Service Rules and Regulations).

C. Sick Leave Advances
The City will not provide advances in sick leave when an employee has depleted their sick leave balances.

D. Sick Leave Payoff

1. Employees hired before January 1, 1993, have unlimited sick leave accrual and will be paid according to years of service based on the formula below at the employee's rate of pay at the time of separation.

2. Employees hired on or after January 1, 1993, have a cap on sick leave cash-out of six hundred hours (600) hours and will be paid according to years of service based on the formula below at the employee's rate of pay at the time of separation.

3. Employees hired on or after July 1, 2022 shall not be entitled to sick leave cash-out upon separation. Sick leave will remain available for conversion upon retirement to CalPERS service credit as then allowed, or not, by the City's CalPERS contract. 01231.0004/818655.5 29
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4. Accumulated unused sick leave shall be paid off based on the following formula:
a. 15-19 years of service -
50% reimbursement of eligible unused sick leave.
b. 20 years or more of service -
75% reimbursement of eligible unused sick leave.

5. The employee will receive payment in a lump sum in the next payroll period after separation at employee's base rate of pay.

SECTION 4 PAY FOR JURY DUTY
A. Jury Duty Service
All employees who are called for Jury Duty shall be entitled to a maximum of ten (10) days at full salary. Employees are obligated to inform the Judge/ Court that City policy is to only pay ten (10) days of service. Should an employee, through no fault of his/her own, be required to serve beyond ten (10) days, the employee will receive full salary for Jury Duty service up to an additional twenty (20) days.

Exceptions may be made to this policy by the City Manager in very unusual circumstances.

B. Attendance

1. A record of attendance from the Court is required and shall be turned in weekly for payroll purposes. Such record is available from the Court Administrator's office. Employee on shifts other than the normal shift shall have off the equivalent time to actual jury service plus reasonable travel time to and from their places of residence; likewise, employees on the regular work shift, who serve on night court juries will have off the actual time of service plus reasonable travel time to and from their places of residence.

2. Employees who serve on jury duty for partial days are expected to report to work if they are released from jury duty within a reasonable amount of time to report back to work (e.g. an employee on day shift serving on South Gate Court duty would be expected to return to work if excused prior to or at 4:00 P.M.

However, an employee serving on jury duty for example, in 01231.0004/818655.5 30
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downtown Los Angeles excused at 4:00 P.M. would not be expected to return to work that day). If the option for call-in service is available and workable (the court is within thirty (30) minutes travel time of South Gate), an employee should request call-in status.

SECTION 5 UNP AID [EAVE
A. Leave Without Pay
A leave of absence without pay, up to ninety (90) calendar days in any calendar year, may be granted upon the approval of the Department Head and the Persoru"iel Officer. Leaves of absence in excess of ninety (90) calendar days must be approved by the Personnel Officer, provided, however, that for leaves of absence other than for illness or injury during any three (3) calendar year period shall not exceed one hundred eighty (180) calendar days. In the case of a bona fide illness or injury, a medical leave may be granted up to a maximum of one (1) year upon the approval of the Department Head and the Personnel Officer. In the event that an employee has no eligible leave to cover an absence from work, authorized or unauthorized, the Department Head and the Persoru"iel Officer may approve the short term leave with due consideration of the employee's work record (with possible counseling or discipline considerations). All applications for leaves of absence without pay shall be submitted to the Personnel Officer on a Personnel Transaction Form. The City shall have sole discretion whether or not to grant unpaid leave and the City's decision is not subject to grievance and/or any appeal.

B. Catastrophic Illness/Irtjury
If an employee is diagnosed by a qualified Doctor of Medicine to have a catastrophic illness (in a state of total disability from cancer, heart attack, AIDS, etc.) or has a catastrophic injury (an injury that totally disables an employee for an extended period of time), the employee may be entitled to extended health benefit coverage (Medical, Dental, & Life insurance) provided by the City (in the same fashion normally provided to the employee). This benefit requires the approval of the Department Head and Personnel Officer, and is 01231.0004/818655.5 31
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applicable when the employee's leave benefits are exhausted, under the following formula:

SECTION 6
Years of Full-Time City
After (2) years
After (4) years
After (7) years
After (10) years

MATERNITY LEAVE
Months of Continued Coverage
3 months
6 months
9 months
12 months
The application of the maternity leave policy is subject to applicable State and Federal laws. The employee may use accrued paid or unpaid leave as appropriate.

SECTION 7 FAMILY MEDICAL LEAVE ACT
Pursuant to State & Federal law, the City will provide family and medical care leave to eligible employees. The following provisions set forth employees' rights and obligations with respect to sick leave. Rights and obligations which are not specifically set forth below are set in the Department of Labor regulations implementing the Federal Family and Medical Leave Act of 1993 (FMLA), and the regulations of the California Fair Employment and Housing Commission implementing the California Family Rights Act (CFRA). Unless otherwise provided by this section, "Leave" under this provision shall mean leave pursuant to the FMLA and CFRA.

A. Amount of Leave - Eligible employees are entitled to a total of 480 hours of leave during any 12-month period. An employee's entitlement to leave for the birth or placement of a child for adoption or foster care expires 12 months after the birth or placement.

B. The 12-month period for calculating leave entitlement will be a "rolling period" measured backward from the date leave is taken and continues with each additional leave day taken. Thus, whenever an employee requests leave, the City will look back over the previous 12-month period to determine how much leave has been used in determining how much leave a member is entitled to.

C. Use of Accrued Leaves While on Leave - If a member requests leave for any reasons permitted under the law, that person must exhaust 01231.0004/818655.5 32
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all accrued leaves in connection with the leave. The exhaustion of accrued leave will run concurrently with the leave.

SECTION 8 BEREAVEMENT
The term "immediate family" is defined as the spouse, domestic partner, children, father, father-in-law, mother, mother-in-law, brother, brother- in-law, sister, sister-in-law, step children, step parents, foster children, foster parents, grandparents, or grandchildren of the employee or other person as approved by the City Manager or their designee.

A. Within The State
Upon the death of the immediate family, within the state, the employee shall have thirty (30) hours leave, not chargeable to any other leave, when employee travels within the state. Employees who travel within the state may take an additional forty (40) hours of leave chargeable to sick leave.

B. Out Of State
Upon the death of immediate family out of state, the employee shall have forty (40) hours leave, not chargeable to any other leave, when employee travels out of state. Employees whose bereavement requires travel out of state may take an additional thirty (30) hours leave chargeable to sick leave,
SECTION 9 JOB RE'LATED INJURY OR I[[NESS
In the event of an absence due to a job related injury or illness, any employee who is entitled to disability payments under Workers' Compensation laws shall receive from the City the difference between such disability payments and his/her full salary for the period of absence up to a maximum of four hundred eighty (480) hours for any one injury or illness. This period of four hundred eighty (480) hours shall not be deducted from accumulated sick leave. However, any relapse at a later date shall not be compensable under this provision, although the same may be chargeable against accumulated, unused sick leave, if any. 01231.0004/818655.5 33
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SECTION 10 MILIT ARY LEAVE
Military leave is restricted to normally required active duty and does not apply to such matters as weekend drills, etc. Leaves of absence for active military training, service, or other active duty obligations shall be granted in accordance with California and Federal law. Compensation, reemployment, seniority and other rights and privileges shall be governed by applicable laws. In order to verify the right to such leave, the employee shall cause a copy of his/her orders to and from military duty and relief therefrom to be filed with City's Personnel Officer.

Military leave is recorded on the employee's time sheet and approved by the Department Head. Employees are entitled to receive a maximum of 80 hours of paid leave per fiscal year for annual military training.

Employees are entitled to receive up to an additional 30 days (300 hours) of paid military leave if they are called to active duty (other than annual training) in the National Guard or one of the branches of the U.S.

Military.

SECTION II ADMINISTRATIVE LEAVE
Employees eligible for Administrative Leave (i.e. FLSA exempt employees) who have reached their maximum allowed accrual and who are denied Administrative Leave time off because of their department's need shall automatically qualify to cash out hours in excess of their allotted maximum limit.

A. Employees will be provided Administrative Leave of 60 hours per year. Employees may carry over unused Administrative Leave to the following fiscal year, but at no time shall an employee maintain a balance of Administrative Leave greater than one hundred (100) hours.

B. Employees may request a payout of up to 40 hours of accrued administrative leave each fiscal year. By no later than December 15 of any calendar year, an employee wishing to convert a portion of their future accumulated administrative leave to cash at the hourly rate of base pay then existing, shall notify the Personnel Officer in writing on a form to be supplied by the City of their cash out request, including the amount to be cashed out and acknowledging that the request is irrevocable. When requested, the payment will be made the first payroll period the following May.
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SECTION 12 SPECIAJL ADMINISTRATIVE LEAVE
Employees may be required by management to regularly attend meetings after normal working hours, such as, but not limited to, City Planning Meetings and City Council Meetings or may be required to routinely work weekends. In instances where this occurs more than once in a month, the employee may use special administrative leave under the following conditions:

1. No more than eighty (80) hours of leave may be used in any fiscal year.

2. No more than four (4) hours of leave may be used in a work week.

3. The amount of leave used in a work week may be no more than the amount of time spent required to work after normal work hours, up to the four (4) hour maximum, and must be used in the same week that the extra work occurred.

4. The employee is required to inform his/her supervisor of the intent to use the Special Administrative Leave and the supervisor may postpone the use of the leave if granting the time would seriously disrupt the accomplishment of a critical task. The Department Head may grant more than 4 hours in a week due to special circumstances.

5. Special Administrative Leave does not carry over to the next fiscal year.

6. There will be no payoff of "unused" Special Administrative Leave.

7. Disputes about the use of Special Administrative Leave will be resolved by good faith discussions between the City, the Association and the involved employee(s) and will not be subject to the grievance procedure.
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ARTIC[E V

DISCIPLINE & GRIEV ANCE PROCEDURES

SECTION I DISCIPLINE PROCEDURE
A. The Personnel Officer or appropriate appointing authority may take disciplinary action for cause against an employee and within a reasonable period of time after the alleged wrong-doing by the employee. Discipline shall be administered according to progressive discipline principles. Employees should be placed on notice and given an opportunity to correct any alleged offenses. Generally, employees should be counseled, followed by a Reprimand/Warning before the City proceeds to more severe discipline such as suspension, reduction in pay, demotion or discharge. City reserves the right to combine or skip steps depending on the facts of each situation and the nature of the offense. It is understood that certain alleged offenses may be so serious the City may be justified in deviating from progressive discipline principles. In all cases in which the City wishes to administer any disciplinary action, it shall provide the employee and their representative any documentation or other evidence used to support the proposed disciplinary action.

The term "disciplinary action," shall be limited in meaning to any of the following:

1. Demotion, Discharge, Or Reduction In Salary
Such disciplinary action may take the form of discharge, reduction in salary, or a demotion where there is a vacancy in the same classification series at a lower level within the department.

2. Suspension
An appointing authority may suspend an employee for one or more of the causes for discipline specified in applicable persoru"iel rules for a period of up to thirty (30) days.
3, Reprimand/Warnings
A written reprimand or written warning is part of the disciplinary process when an action or series of actions by an 01231.0004/818655.5 36
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employee does not warrant discipline, as noted in Article V, Section IB. (Notice of Disciplinary Action); however it does warrant written notification for corrective purposes. A Supervisor (or appropriate management persoru"iel) may issue a written reprimand or written warning to an employee for one or more of the causes for discipline specified in the applicable personnel rules. The issuing authority shall include in the document a "sunset" clause (removal date from personnel file) of eighteen (18) months. Removal of the document shall be subject to the Department Head's sole discretion based upon if the employee's subsequent work record justifies removal, the employee has no further discipline in said time period, and after said period the employee makes a written request to the Department Head for removal of said document from the employee personnel files. If the Department Head refuses to remove the document after 18 months, the employee may appeal this decision to the Personnel Officer, whose decision shall be final and binding. The City's decision whether or not to remove the document is not subject to grievance and/or any appeal.

The Written Reprimand Or Warning Shall Only Be Reviewed As Follows:
a. After receipt of written reprimand or written warning, the employee may request a review of said document to issuing authority within ten (10) working days. Said review may include an oral response and/or written response. The issuing authority's decision may be to rescind the document, to modify the document with no change in content. The employee shall be notified, orally or in writing, of the decision of the issuing authority.
b. The employee may request said decision be reviewed by the Department Head, if applicable, within ten (10) days after said notification. The same review process shall be conducted as stated in Article V, Section IB (Notice of Disciplinary Action).
c. The employee may request that the above decision be reviewed by the Personnel Officer, within ten (10) days after said notification. The same review process shall be conducted 01231.0004/818655.5 37
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as stated in Article V, Section IB (Notice of Disciplinary Action). The decision of the Personnel Officer shall be final with no further review of the reprimand or warning.

B. Notice of Disciplinary Action
At any time any disciplinary action is proposed to be taken against any classified employee, they shall be served with written notice at least ten (10) working days prior to the effective date of the proposed disciplinary action, either personally or by certified mail. Said notice shall state the proposed action, the effective date if implemented, the reasons therefore, a copy of the charges and materials upon which the proposed action is based, and a copy of Article V of this Agreement. In termination cases, the concerned employee may be suspended from duty, at full pay, from the time notice is served until the effective date of termination.

1. Skelly Proceeding
Prior to implementing the disciplinary action, a Skelly proceeding will take place to allow the employee an opportunity to respond to the proposed discipline and charges, either orally or in writing, or both. The results of the proceeding may initially be given to the employee orally; however, a written decision will be issued within ten (10) working days of the proceeding.

C. Appeal Of The Disciplinary Action

1. Appeal To Personnel Officer
A classified employee may file with the Persoru'iel Officer, in writing, an appeal to the disciplinary action and charges. Said appeal shall be filed with the Persoru"iel Officer not more than ten (10) working days after receiving the discipline, or the written results of the Skelly Proceeding referenced in Article V, Section IB(I) (Notice of Disciplinary Action/Skelly Proceeding), whichever is later.

The parties shall retain the services of an Administrative Law Judge (ALJ) through the Office of Administrative Hearings (OAH) to conduct the disciplinary appeal and provide an advisory written decision, as described below.
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a. Hearing An Appeal
Within six (6) weeks of receipt of an appeal (referred to above), the ALJ shall hold a hearing and shall direct the Personnel Officer to notify those whose presence is required.

The appellant shall be entitled to appear personally and to have counsel and they shall be notified in writing of the time and place of meeting. The ALJ may proceed informally and the rules of evidence shall not apply.
b. Public Hearings
The fact finding aspect of the ALJ hearings shall be open to the public. The deliberative aspect of such proceedings shall be held in closed session unless the law shall otherwise require.
c. Failure Of An Appellant To Appear
Failure of an appellant or their counsel to appear at the hearing shall be deemed to be a withdrawal of their appeal and the action of the appointing authority shall be final. d. Conduct Of Hearings
The ALJ shall convene the hearing, declare adjournments, recesses and continuances, shall maintain good order and shall call upon the parties to present witnesses, argument and other matters in the normal course of proceedings. The ALJ shall rule upon all objections, procedural motions and other matters which may come before the ALJ. At the conclusion of the hearing, after all evidence and arguments have been presented, the matter shall be deemed submitted to the ALJ for decision. The ALJ shall determine whether to affirm, reverse or modify the disciplinary action taken.
e. City Council Review
The findings of fact and conclusions of law submitted by the ALJ shall be delivered to the employee (or their representative or legal counsel), the Department Head of the employee's department (or legal counsel), the City Council, the City 01231.0004/818655.5 39
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Manager, the City Attorney and the Personnel Officer. The City Council will have the right of review and final decision to accept or modify the advisory decision in its sole discretion. f. Costs
The City and the Association shall share the costs of using the ALJ and OAH equally, with each side paying their share as and when required by the neutral, third-party or the OAH. In the event that the Association does not support an employee's appeal and/or desire to cover half the appeal hearing costs, then the employee shall be limited to having the ALJ of the OAH issue an advisory decision to the Personnel Officer who shall make the final decision to accept or modify the advisory decision in their sole discretion, with the City bearing all administrative costs associated with the appeal such as OAH and ALJ fees, transcript fees, etc. The Association and/or employee shall bear their own attorney or other
representation costs. If the parties mutually agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the ALJ under the same rules stated herein.
g. General Definitions

1. Working Days
The term "working days" shall be considered for
administrative convenience to be Monday through
Thursday, from 7:00 A.M. to 6:00 P.M., excluding Holidays.

2. Time Limits
The failure to submit an appeal within the time limits specified in the various steps provided above shall result in the settlement of the discipline appeal in accordance with the last answer or response given which shall be final and binding, with the exception of elevating a disciplinary action to the Personnel Officer or Administrative Law Judge. All time limits and grievance steps may be
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written agreement signed by the employee and a City representative. The procedural times set forth herein are absolutely binding upon both parties and will not be considered waived, unless said waiver is in writing and agreed to by both parties.

3. Employee Representative
The employee "representative" referred to herein above may be an employee of the City.

SECTION 2 GRIEV ANCE PROCEDURE
A. S
This Grievance Procedure shall be the exclusive means for resolving all grievances as that term is defined hereinabove except that the following disputes shall not be subject to the provisions thereof:

1. Any dispute arising out of or in connection with meeting and conferring pursuant to Resolution No. 3674.

2. Any dispute arising in or from, or involving a strike, work stoppage or cessation of work in any form by employees of the City.

3. Any appeal concerning disciplinary action affecting any employee (See Article V., Section 1- Discipline and Grievance Procedures).

B. Procedure
Step I A grievance may be initiated in this Step 1 by an employee or group of employees by presenting the grievance orally to the immediate supervisor of the employee or employees involved. The grievance must be submitted to said supervisor within fifteen (15) working days following the occurrence of the event upon which the grievance is based.

The supervisor will give an oral answer to the employee or employees involved within no more than fifteen (15) working days after the grievance was orally presented. 01231.0004/818655.5 41
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Step 2 If the grievance remains unresolved after Step 1, the grievance may be moved to Step 2 by submitting the same to the Department Head. The grievance shall be submitted in writing on a form supplied by the City. The grievance must be submitted in Step 2 no later than ten (10) working days after the answer in Step I has been received or the time for such answer has expired. Within no more than ten (10) working days after receipt of grievance, a meeting will be held with the Department Head and the employee or employees involved. A representative of the employee or employees may be present if requested. Grievances submitted in Step 2 shall be answered in writing within ten (10) working days of said meeting.

Step 3 If the grievance remains unresolved after Step 2, the grievance shall be moved immediately by the Department Head or the employee or employees involved to Step 3 by submitting a copy of the written form provided in Step 2 to the Personnel Officer.
a. Within no more than ten (10) working days after receipt of the written grievance, a meeting shall be scheduled between the Personnel Officer and the employee or
employees involved. A representative of the employee or employees may be present if requested.
b. Grievances involving a dispute between the City and a Recognized Employee Organization may be initiated in this Step by either party in said written form within ten (10) working days of the occurrence of the event giving rise to the grievance. In that event, a meeting shall be scheduled within ten (10) working days of receipt of said written grievance between no more than two (2)
designated representatives of the City and two (2) of the Recognized Employee Organization. In addition, the
employee or employees involved, if any, the Department Head, and the immediate supervisor shall be entitled to be present at the meeting.
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c. Grievances submitted in Step 3 shall be answered by the Persor'u"iel Officer in writing within ten (10) working days of said meeting(s).

Step 4 The City and the Association shall retain the services of an Administrative Law Judge through the Office of
Administrative Hearings and shall share the costs of using the Administrative Law Judge and Office of Administrative Hearings equally, with each side paying their share as and when required by the neutral, third-party or the Office of Administrative Hearings. In the event that the Association does not support an employee's grievance and/or desire to cover half the grievance hearing costs, then the Step 3 decision of the Personnel Officer shall be final and binding on the matter.

Within thirty (30) calendar days after the receipt of a request for review, the Administrative Law Judge shall hold a
hearing. The Personnel Officer shall notify the aggrieved party of the date, time and place of the hearing. The aggrieved party has the right to appear personally and to have counsel appear on its behalf. The hearing shall be conducted pursuant to Article V, Section 1, Subsection d (Conduct of Hearings), above.

The fact finding aspect of the Administrative Law Judge hearings shall be open to the publig the deliberative aspect of such proceedings shall be held in closed session unless the law shall otherwise require. The City Council will have the right of review and final decision to accept or modify the advisory decision in its sole discretion.

If the parties mutually agree on an arbitrator within thirty (30) days, that person will be designated to conduct the hearing instead of the Administrative Law Judge under the same rules stated herein.

C. Review By City Council
The advisory decision of the Administrative Law Judge shall be final and binding unless within thirty (30) calendar days thereafter a 01231.0004/818655.5 43
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request for review by the City Council is filed with the Personnel Officer, or the City Council, on its own motion, requests review thereof within said period.

D. General Definitions
1, Grievance Defined
"Grievance" means any dispute or difference between the City and any employee or group of employees, concerning the interpretation or application of any written City ordinance, resolution, rule, policy, practice or procedure governing the wages, hours and working conditions of City employees. The term "grievance" also includes any dispute or difference between the City and a recognized employee organization concerning the interpretation or application of any existing memorandum of understanding between the City and said recognized employee organization.

2. Working Days
The term "working days" shall be considered for administrative convenience to be Monday through Thursday, from 7:00 A.M. to 6:00 P.M., excluding Holidays.

3. Time Limits
The failure to submit a grievance within the time limits specified in the various steps provided above shall result in the settlement of the grievance in accordance with the last answer or response given which shall be final and binding. All time limits and grievance steps may be shortened, extended or waived, but only by a mutual written agreement signed by the employee and a City representative. The procedural times set forth herein are absolutely binding upon both parties and will not be considered waived, unless said waiver is in writing and agreed to by both parties.

4. Employee Representative
The employee "representative" referred to in Steps 2 and 3 above may be an employee of the City.
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ARTICLE VI

IMPLEMENT ATION OF

MEMORANDUM OF UNDERST ANDING

SECTION I WAGE RIGHTS
A. The Association promises and warrants, that upon acceptance of the aforementioned recommendations of the City's designated representatives by the City Council, its members will provide service to the City upon the terms and conditions herein stated.

B. Subject to the provisions of this MOU, the parties hereto do hereby agree and acknowledge that the City shall retain all its usual rights and responsibilities.

C. It is understood and agreed that this MOU is subject to all present and future applicable Federal or State wage and salary control laws and regulations as well as all other applicable Federal and State laws or regulations. If any part of this MOU is in conflict or inconsistent with such applicable provisions of Federal or State laws or regulations or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable laws or regulations, and the remainder of this MOU shall remain in full force and effect.

ARTICLE VII
[AYOFFS
For the purposes of this Article "business day," is defined as the normal operating days for personnel, currently Monday through Thursday.

A. The City Council or City Manager may separate any employee or class of positions without prejudice, because of financial or economic condition of the City, reduction of work, or abandonment of activities. The City shall give employees covered by this MOU not less than fifteen (15) business days advance notice of lay-off and the reason therefore. However, no full-time employee shall be separated 01231.0004/818655.5 45
268
from a department while regular part-time, or hourly employees are serving in the same positions in the department. The conditions of lay-off shall be as follows:

Order of Separation
The principal criterion used in determining the order of separation and bumping rights shall be seniority, time worked within a class within the City, provided the employee presently possesses the skills, ability and qualifications to perform the job. Furthermore, seniority shall govern unless the following criteria show that ability, merit, and records of the employees considered for lay-off are not equal:
1) Employee's last four (4) performance evaluations rating, if in existence.
2) History of employee written disciplinary actions. 3) Attendance record tardiness, and unexcused absences. 4) In the event the less senior employee in the position in the class to be laid off has superior skills, ability, qualifications, merit and record, as determined in the above manner, then the more senior employee shall be laid-off.

The City shall have the burden of establishing the above criteria.

B. Bumping Rights
The employee laid-off shall be entitled to bump to the position in a class in which they currently or formerly held a permanent appointment and in which there is an employee with less seniority in the class, if physically and mentally able to perform the duties of the former class. After the City has notified the affected employee and also the position available to the employee, if any, to bump, they must notify the Personnel Officer of their intent to exercise the bumping rights within fourteen (14) business days of the position, and classification in the City which they intend to bump, or the bumping rights shall be barred and waived to the employee. The employee with the least seniority in the class shall be bumped by the person who is laid off. The employee bumped shall be considered as 01231.0004/818655.5 46
269
laid-off for the same reason as the person who bumped them and shall in the same manner be eligible to bump to a position in a class within the City in which they formally had a permanent position.

C. Appointment of Laid-Off Employees to Lower Class The City Manager may approve the appointment of an employee who is to be laid-off to an existing vacancy in a lower class for which they are qualified without requiring an examination, provided the appropriate appointing authority so appoints.

D. Applicability
These provisions shall apply to all classified positions, including regular part-time positions to the extent any regular part-time positions are covered by this MOU, but shall not apply to unclassified, probationary, hourly, and temporary positions.

E. Lay-off List
The lay-off list shall consist of those employees laid-off in the classification ranked in order of seniority. If there is a classification of a lower rank in the same classification series as the position from which the employee was laid-off, that employee's name shall be placed on the lay-off list for each such lower ranked classification.

A laid-off employee shall retain re-employment rights to the classification from which they were laid-off irrespective of their acceptance of reemployment at a lesser rank.

F. No Probation and Evaluation of Bumped Employee Employees who bump or are bumped shall not be required to serve a probationary period and shall be evaluated using the same criteria and process as other fully vested and tenured employees.

ARTICLE VIII

REHIRES AND CONTRACT EMPLOYEES/CONSULT ANTS
Non-employees and/or outside consultants shall not be involved in employee performance evaluations or discipline of City employees. 01231.0004/818655.5 47
270

ARTICLE IX

FULL UNDERST ANDING
This MOU is the result of a joint effort by the Association and the City to capture all past agreements between the parties that are still applicable and active. If an issue or practice is included in this MOU, the language of this MOU is controlling. If an issue or practice is not included in this MOU and there is a clear practice or a current written practice, such as the City's Salary Resolution, covering the issue, the past practice or written practice will be controlling.

ARTICLE X

REOPENERS
The parties do specifically agree to reopen the meet and confer process during the term of this MOU only with regards to the following issues. These reopeners are not contingent upon the execution of any successor MOU and no successor MOU is contingent upon agreement on these reopeners.

SECTION I COMMERCIAL [ICENSE OPERATORS
The parties agree to meet three (3) months after City Council approval of this MOU to discuss and exchange proposals relating to classifications requiring a commercial license as a term and condition of employment.

SECTION 2 UPDATING POLICIES
The parties agree to meet confer during the term of this MOU regarding updating the City's Employee Handbook, Employer-Employee Relations Resolution, Personnel Rules and Regulations, and classification specifications.
01231.0004/818655.5 48
271
Memorandum of Understanding between the City of South Gate and the South Gate Professional Mid-Management Association -Signature page-
The City and the Association acknowledge that this Agreement is entered into the 2nd day of February 2022, and is subject to it being executed by authorized representatives.

CITY OF SOUTH GATE: SOUTH GATE PROFESSIONAL MID-
MANAGEMENT ASSOCIATION:

By:

Maria del Pilar Avalos, Mayor Osie Harrell, President Date: Date:

By:

Johanna Monterroza, Vice-President
Date:

ATTEST:

Yodit Glaze, City Clerk
(SEAL)
APPROVED AS TO FORM:

Raul F. Salinas, City Attorney
01231.0004/818655.5 49
272

APPENDIX A

RANGES, STEPS AND JOB TITLES
Pay Plan Category I - Professional Mid-Management Association Salary tables with effective dates attached as follows:

Appendix Al - effective pay period starting July 31, 2022 Appendix A2 - effective July 1, 2023
Appendix A3 - Longevity Pay Table effective July 31, 2023 01231.0004/818655.5 50
273
CITYMANAGER'S OFFICE Item No. 8
MAR 20 2023
Ciffl of South Gate

CITY COUNCIL

AGENDA BNLL
For the Regular Meeting of: March 28, 2023
Originating Depariment: Human Resources
Humaix Resources Director:

J n amilton Je ers
SUBJECT: RESOLUTION AMENDING RESOLUTION N0. 6454 (SALARY

RESOLUTION AND POSITION CLASSIFICATION PLAN) TO APPROVE THE JOB

CLASSIFICATION SPECIFICATION FOR THE POSITIONS OF ELECTRICAL

SUPERVISOR, FACILITIES MAINTENANCE SPECIALIST, FACILITIES

MAINTENANCE TECHNICIAN II, GENERAL MAINTENANCE FOREMAN, WATER

DISTRIBUTION FOREMAN, WATER DISTRIBUTION OPERATOR I, WATER

DISTRIBUTION OPERATOR II, WATER LEAD WORKER, WATER METER READER

II, WATER OPERATIONS FOREMAN, WATER PUMP OPERATOR I, WATER PUMP

OPERATOR II, AND WATER QUALITY & SYSTEM LEAD OPERATOR PURPOSE: Consideration to update the job classification specifications for Electrical Supervisor, Facilities Maintenance Specialist, Facilities Maintenance Technician II, General Maintenance Foreman, Water Distribution Foreman, Water Distribution Operator I, Water Distribution Operator II, Water Lead Worker, Water Meter Reader II, Water Operations Foreman, Water Pump Operator I, Water Pump Operator II, and Water Quality & System Lead Operator.

RECOMMENDED ACTION: The City Council will consider adopting a Resolution amending Resolution No. 6454 (Salary Resolution and Position Classification Plan) by approving the job classification specifications for the following positions:
a. Electrical Supervisor;
b. Facilities Maintenance Specialist;
c. Facilities Maintenance Technician II;
d. General Maintenance Foreman;
e. Water Distribution Foreman;
f. Water Distribution Operator I;
g. Water Distribution Operator II;
h. Water Lead Worker;
i. Water Meter Reader II;
j. Water Operations Foreman;
k. Water Pump Operator I;

1. Water Pump Operator II; and
m. Water Quality & System Lead Operator.

I
274
FISCAL IMPACT: Approving tlie job classification specifications in this agenda bill will have no fiscal impact to tl'ie Fiscal Year 2022/23 Adopted Budget.

ANALYSIS: None.

BACKGROUND: TheCitymust,fromtimetotime,add,remove,reclassi:fy,orotherwiseadjust job classifications, job specifications and/or compensation in the Salary Resolution and Position Classification Plan in order to satisfy the changing needs and demands of the City's workforce. In response to these changing needs and demands, job classification specifications must be amended to more closely match the tasks which need to be performed by employees in the City's various departments. In this particular situation, the bargaining unit representing these classifications raised concern during the recent negotiations that the requirement of a valid Commercial Class B California Driver's License ("Class B CDL") was being overly applied to various job classifications. Management agreed to review and dialog with MEA on recommending possible changes.

An analysis was conducted of all City Public Works Operations positions to determine which classifications should still require the possession of a valid Cornrnercial Class B CDL. A Class B CDL is required for anyone driving a vehicle with a Gross Vehicle Weight Rating of more than 26,000 pounds, a 3-axle vehicle weighing over 6,000 pounds, a bus, and any farm labor vehicle.

A review of the job classification specifications revealed that the current Electrical Supervisor job classification specifications, which did not require tlie Class B CDL; however, the parties agree that the position should possess a Class B CDL and a Crane Certification. The Class B CDL and Crane Certification have been added to the proposed updated job classification specification for Electrical Supervisor.

Conversely, the following positions currently require a Class B CDL; however, a Class C CDL is sufficient to operate the vehicles for these positions and, therefore, the requirement for a Class B CDL has been removed: Facilities Maintenance Specialist, Facilities Maintenance Technician II, General Maintenance Foreman, Water Distribution Foreman, Water Distribution Operator I, Water Distribution Operator II, Water Lead Worker, Water Meter Reader II, Water Operations Foreman, Water Pump Operator I, Water Pump Operator II, and Water Quality & System Lead Operator.

Despite these positions no longer requiring a Class B CDL, twelve (12) City Public Works Operations positions represented by the South Gate Miscellaneous Employees' Association (MEA) still mandate a Class B CDL.

Human Resources staff worked with the Public Works Department to determine which job classification specifications needed to be updated by adding or eliminating the Class B CDL requirement. Staff also corresponded withthe MEA Board Members to inform them of the changes to the job classification specifications and they agree with the job classification specification changes requested herein.

ATTACHMENT: Proposed Resolution
2 275
RESOLUTION NO.

CITY OF SOUTH GATE

LOS ANGELES COUNTY, CALIFORNIA
RESOLUTION AMENDING RESOLUTION N0. 6454 (SALARY RESOLUTION

AND POSITION CLASSIFICATION PLAN) TO APPROVE THE JOB

CLASSIFICATION SPECIFICATION FOR THE POSITIONS OF ELECTRICAL SUPERVISOR, FACILITIES MAINTEN.=!USJCE SPECIALIST, FACILITIES

MAINTENANCE TECHNICIAN II, GENERAL MAINTENANCE FOREMAN,

WATER DISTRIBUTION FOREMAN, WATER DISTRIBUTION OPERATOR I,

WATER DISTRIBUTION OPERATOR II, WATER LEAD WORKER, WATER

METER READER II, WATER OPERATIONS FOREMAN, WATER PUMP

OPERATOR I, WATER PUMP OPERATOR II, AND WATER QUALITY &

SYSTEM LEAD OPERATOR
WHEREAS, the City must, from time to time, add or otherwise adjust job classifications, job specifications and/or compensation in the Salary Resolution and Position Classification Plan in order to satisfy the changing needs and demands of the workforce and to more closely match the tasks which need to be performed by employees in the City's various departments; and
WHEREAS, the City desires to approve the job classification specifications for the positions of Electrical Supervisor, Facilities Maintenance Specialist, Facilities Maintenance Technician II, General Maintenance Foreman, Water Distribution Foreman, Water Distribution Operator I, Water Distribution Operator II, Water Lead Worker, Water Meter Reader II, Water Operations Foreman, Water Pump Operator I, Water Pump Operator II, and Water Quality & System Lead Operator in the Public Works Department.

NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF SOUTH GATE, CALIFORNIA, DOES HEREBY RESOLVE AS FOLLOWS:

SECTION 1. The City Council does hereby declare that the above recitals are true and correct and incorporated herein by reference.

SECTION 2. The City Council hereby approves the job classification specifications for the positions of Electrical Supervisor, Facilities Maintenance Specialist, Facilities Maintenance Technician II, General Maintenance Foreman, Water Distribution Foreman, Water Distribution Operator I, Water Distribution Operator II, Water Lead Worker, Water Meter Reader II, Water Operations Foreman, Water Pump Operator I, Water Pump Operator II, and Water Quality & System Lead Operator.

SECTION 3. The City Council hereby approves and adopts the proposed job specification for the Electrical Supervisor (Foreman) classification, attached hereto as Exhibit "A." 276
SECTION 4. The City Council hereby approves and adopts the proposed job specification for the Facilities Maintenance Specialist classification, attached hereto as Exhibit "B." SECTION 5. The City Council hereby approves and adopts the proposed job specification for the Facilities Maintenance Technician II classification, attached hereto as Exhibit "C." SECTION 6. The City Council hereby approves and adopts the proposed job specification for the General Maintenance Foreman, attached hereto as Exhibit "D." SECTION 7. The City Council hereby approves and adopts the proposed job specification for the Water Distribution Foreman classification, attached hereto as Exhibit "E." SECTION 8. The City Council hereby approves and adopts the proposed job specification for the Water Distribution Operator I classification, attached hereto as Exhibit "F." SECTION 9. The City Council hereby approves and adopts the proposed job specification for the Water Distribution Operator II classification, attached hereto as Exhibit "G." SECTION 10. The City Council hereby approves and adopts the proposed job specification for the Water Lead Worker classification, attached hereto as Exhibit "H." SECTION 11. The City Council hereby approves and adopts the proposed job specification for the Water Meter Reader II classification, attached hereto as Exhibit "I." SECTION 12. The City Council hereby approves and adopts the proposed job specification for the Water Operations Foreman classification, attached hereto as Exhibit "J." SECTION 13. The City Council hereby approves and adopts the proposed job specification for the Water Pump Operator I classification, attached hereto as Exhibit "K." SECTION 14. The City Council hereby approves and adopts the proposed job specification for the Water Pump Operator II classification, attached hereto as Exhibit "L." SECTION 15. The City Council hereby approves and adopts the proposed job specification for the Water Quality & System Lead Operator classification, attached hereto as Exhibit "M." SECTION 16. The City Clerk shall certify to the adoption of this Resolution which shall be effective upon its adoption.
4277
PASSED, APPROVED and ADOPTED this 28f" day of March 2023.

ATTEST:

BY:

Yodit Glaze, Deputy City Clerk
(SEAL)
APPROVED AS TO FORM:

By:
ul F. Salinas, City Attorney
CITY OF SOUTH GATE:

By:

Maria del Pilar Avalos, Mayor
278
City of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

ELECTRICAI, SUPERVISOR

DESCRIPTION
Under general direction, supervises the electrical crew of tlie Public Works Department in the installation, maintenance and repair of a variety of electrical systems and equipment; perforins and supervises the repair, installation and upgrading of traffic signals and street lights; performs work on air conditioning and heating systems; performs related duties as assigned.

CLASS CHARACTERISTICS
The Electrical Supervisor is a single position classification wliich has administrative responsibilities such as assigning or coordinating work assignments. Tlie incumbent is distinguished from the Lead Electrician in tliat the incumbent works primarily supervising staff and overseeing electrical maintenance operations.

SUPERVISION RECEIVED
Works under the general supervision of the Field Operations Manager and Electrical & General Maintenance Superintendent.

SUPERVISION EXERCISED
Exercises supervision over the Electrical Division.

ESSENTIAL FUNCT IONS
The following fimctions are typical for this dassification. The iircumbent inay not perform all of the listed functions and/or inay be required to perforin additional or differentfirnctionsfrom those setforth below to address business needs and chcmging business practices.

Perfonns and supervises the installation of conduit and tl'ie pulling of wire for lighting and power; installs, adjusts and troubleshoots wiring, ligliting fixhires and outlets, signal systems, public address and intercommunication systems, electric motors, heating and ventilating equipment.

Tests for proper grounding and insulation; oversees testing of various electrical systems and equipment.

Repairs portable electrical tools and equipment, reads and interprets wiring diagrams, plans and sketches, power controls, instrumentation systems and electronic supervisory systems.

May be required to troubleshoot on medium-sized generating installation; interface witli service and maintenance personnel from otl'ier cities and utility companies as well as personnel from other City departments.

Installs, repairs, maintains and operates traffic signal systems and associated equipment; installs, repairs, maintains telemetry systems for Traffic Management System. Works with Superintendent and Traffic Engineer onmaintenance and operation of tlie Traffic Management System and associated projects.

Ensures compliance witli local, state and federal agencies' standards and regulations.

Operates a computer and uses applicable software to prepare memos and create work orders.

Responds efficiently to complaints and inquiries.

May be required to work during weekdays, weelaiights, and/or weekends; must be able to work shiffs on a seven (7) day basis to meet operational needs ofthe Electrical Division; must be able to perform standbyfunctions as required to meet operational needs of Electrical Division.
279
ELECTRICAL SUPERVISOR (cont.)
Performs related duties as assigned.

May stand in for Superintendent in tlieir absence.

QUALIFICATIONS
Any combination of education and experience tliat would provide tlie required knowledge, skills, and abilities is qualifying. A typical way would be:

Education & Experience
Graduation from higli school and five (5) years progressively responsible experience in electrical maintenance and operations. One (l) year of lead or supervisory experience witli data processing systems is desirable.

License/Certifications/Special Requirements
Possession of a valid California Class B driver's license and a satisfactory driving record is required throughout employment in tliis position. Possession of a Crane Certification, IMSA Level I Traffic Signal Technician Certificate, and Work Zone Safety Certificate are also required througliout the time in this position. Possess or have the ability to obtain an IMSA Level II Traffic Signal Technician Certificate and a Roadway Lighting Certificate witliin one (l)year of employment.

Knowledge, Skills and Abilities
Knowledge of: tlieory and practice of design and construction of electrical equipment and tlie lay-out of electrical systems; laws, ordinances and regulations relating to electrical installations; prepare and review electrical estimates, plans and specifications.

Skill and Ability to: lay out a comprel'iensive work program; estimate costs; develop a budget for carrying out tlie program; follow oral and written directions; coinmunicate effectively orally and in writing; maintain inventoryrecords; prepare correspondence, records and reports; plan, supervise and direct the work of otliers; establisl'i and maintain effective relationships with other employees and with the public.

ADDITIONAL INFORMATION:

CALIFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM An incumbent appointed to tliis position is subject to enrollment in tlie California DMV Pull Notice Program. The Pull Notice program provides information on tl'ie incumbent's driving record and Driver's License status on aperiodic basis to the City of Soutli Gate. An employee assigned a City veliicle must acknowledge receipt and understanding of City Administrative Regulations covering tlie use of City vehicles.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work environment described here are representative of tliose that must be met by an employee to successfully perform the essential functions of tliis job. Reasonable accommodations may be made to enable individuals with disabilities to perforin the essential functions. While performing tlie duties of this job, the employee is frequently required to walk, stand, bend, crouch, talk or hear. The employee is frequently required to use hands to operate, finger, handle, or feel objects, tools, or controls; and reach with l'iands and arms. Incumbents are frequently exposed to hazardous conditions and must occasionally work at heiglits of 40 to 90 feet. The employee must occasionally lift and/or move up to 75 pounds. Specific vision abilities required by this job include close vision, color perception and the ability to adjust focus. The noise level in the work environment is usually quiet in the office and moderately loud when outdoors. Incumbents are occasionally exposed to adverse environmental conditions.

ELECTRICAL S{JPERVISOR (Foimerly Foreman)
Created, 12/08/86
Revised, 08/12/97
Revised, 03/23/21
Revised, 03/28/23
280
City of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

FACILITIES MAINTENANCE SPECIAI,IST

DESCRIPTION
Under direction, leads oversees and participates in a variety of skilled and semi-skilled labor duties in the maintenance of city buildings, park buildings, playground equipment, commercial pool and spa equipment, assist in graffiti abatement, operates and maintains a variety of different types of machinery, equipment and tools in the areas of carpentiy, plumbing, painting, and graffiti abatement. Perform journey-level welding, cutting, and brazing to install or repair metal objects, equipment and machineiy.

CLASS CHARACTERISTICS
The Facilities Maintenance Specialist is a single position classification which performs technical and specialized facilities maintenance functions at a journey level, including performing lead supervisory activities. Incumbent is requiredto perform full range of duties forthe class, meet the qualification standards for class, and requires the position to be funded.

SUPERVISION RECEIVED
Works under the general supervision of the General Maintenance Foreman or Superintendent.

SUPERVISION EXERCISED
May exercise technical direction to Facilities Maintenance Technicians and part-time maintenance staff.

ESSENTIAL FUNCTIONS
Essential functions include, but are not limited to, the following:

Participate in and provide direction to assigned staff responsible for the maintenance, operation, and repair of buildings, building systems and structures, job sites like offices, Police Department, public auditorium, park playgrounds, commercial pool and spa.

May verify attendance and provide initial approval for leave requests.

Operate and maintain equipment including power and hand tools used in the maintenance and repair of buildings and structures; perform preventive maintenance and light repairs on equipment.

Provide journey level direction to assigned staff on proper safety procedures related to all work performed; participate and oversee safety and training sessions and seminars; assist in training assigned staff in the methods and techniques of operations, repair, maintenance, and service to the public.

Participate in the development of goals and procedures for maintenance, operations and service.

Estimate time, materials, and equipment required for jobs assigned; track and maintain inventory; schedule and account for maintenance equipment; and requisition materials as required.

ASSiSt with the notification of residents related to maintenance projects and coordinate with City departments regarding maintenance projects.

ASSiSt in the preparation of plans, specifications, administration of contracts for the construction and maintenance of building systems.
281
Maintain records related to maintenance activities.

Operate a computer and applicable software.

Participate in maintaining traffic control systems; install street barricades and cones prior to the performance of maintenance or repairs activities; direct and control traffic around sites.

Perform journey-level welding, cutting, and brazing to install, or repair metal objects, equipment and machinery. Direct the work of assigned helpers.

Repairs and install door locks; adjusts or replaces door closures.

ASSiSt in the removal of larger furniture.

Orders and picks up supplies and replacement parts.

Receives daily assignments and tasks that may be completed independently or with assistance.

Required to fill in for General Maintenance Forman in their absence.

Participate in coordinating the setup of city buildings or structures for special events.

Participate in operation and maintenance of equipment including power and hand tools used in the maintenance and repair of buildings and stiuctures; perform preventive maintenance and light repairs on equipment.

Conduct traffic control when working in high traffic areas of the City: Utilize proper safety precautions related to all work performed.

Respond to emergencies as needed.

Attend safety and training sessions and seminars.

May assist in performing other maintenance work as assigned.

May assist in graffiti abatement as required.

Required to participate in 24 hour emergency standby duty, which may include responding to emergency calls during non-regularly scheduled work hours, including nights, holidays and weekends.

Perform related duties as required. Includes assisting electricians as assigned.

QUALIFICATIONS
Training and Experience
Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary. A typical way of obtaining the knowledge and abilities would be: graduation from high school or equivalent AND three (3) years of general maintenance experience within building maintenance, electrical, carpentiy, painting, plumbing, and repair work. One (1) year of experience performing journey-level welding, cutting, and brazing to install, or repair metal objects, equipment and machinery is highly desirable. 282
License/Certification/Special Requirements*
Possession of valid Class C Driver's license including a satisfactoiy driving record and Welding Certification by the American Welding Society to do welding, cutting, and brazing are required at time of appointment and throughout employment in this position. Possession of the following are required at time of appointment and throughout employment in this position: Aerial Boomlift Operator Certification, Aquatic Facility Operator Certification, Playground Safety Inspection Certification, Work Zone Safety Certification, Confined Space Certification, and First Aid/CPR. *Current incumbents must obtain required trainirigs & certifications within two years of job specification approval.

This classification is subject to random drug/alcohol testing pursuant to Department of Transportation guidelines/requirements.

Knowledge, Skills, and Abilities
Knowledge of: methods, materials, components, tools and equipment used in general construction, plumbing and welding work; applicable building and welding codes; safety laws and regulations related to welding work; federal, state, and local laws, codes, and regulations governing welding, cutting, and brazing applicable to assigned duties. Knowledge of carpentry, electrical, plumbing, locksmith, and HVAC maintenance practices and troubleshooting procedures; building and facility construction and repair methods and techniques; specialized tools and equipment used in building and facilities maintenance, including the use of electrical and electronic monitoring equipment; safety standards and practices; effective customer service techniques.

Skill and Ability to: operate power tools and equipment; perform mathematical calculations; understand and follow oral and written directions; keep accurate records; perfor minor maintenance repairs for heating and cooling systems; perfoim skilled and semi-skilled maintenance work related to public buildings and facilities; safely operate hand and power tools, including metering and testing devices; draw rough sketches and to interpret plans and maintenance specifications; allocate tasks as part of work assignments; apply safe and efficient work methods; complete basic work records; communicate effectively, both orally and in writing; establish and maintain effective working relationships with co-workers, staff, management, contractors, and the general public.

ADDITIONAL INFORMATION:

CALIFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM:

An incumbent appointed to this position is subject to enrollment in the California DMV Pull Notice Program. The Pull Notice program provides information on the incumbent's driving record and Driver's License status on a periodic basis to the City of South Gate. An employee assigned a City vehicle must acknowledge receipt and understanding of City Administrative Regulations covering the use of City vehicles.

PHYSICAL DEMANDS A!STD WORK ENVIRONMENT
The physical demands and work environment described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to walk, stand, bend, crouch, talk or hear. The employee is frequently required to use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. Incumbents are frequently exposed to hazardous conditions and must occasionally work at heights of up to 45 feet. The employee must occasionally lift and/or move up to 75 pounds. Specific 283
vision abilities required by this job include close vision, color perception and the ability to adjust focus.

The noise level in the work environment is usually noisy. Incumbents are occasionally exposed to adverse environmental conditions.

Created. 06/14/82

FACILITIES MAINTENANCE SPECIALIST
Revised. 01/13/2015
Revised. 03/28/2023
284
City of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

FACILITIES MAINTENANCE TECHNICIAN II

DESCRIPTION
Under general supervision, perfornns a variety of skilled and semi-skilled tasks in the construction, maintenance, repair and servicing of maintenance of city buildings, park buildings, playground equipment, commercial pool and spa equipment, assist in graffiti abatement, operates and maintains a variety of different types of machinery, equipment and tools in the areas of carpentry, plumbing, painting, and graffiti abatement.

CLASS CHARACTERISTICS
The Facilities Maintenance Technician II is a second level classification of the Facilities Maintenance series. Incumbents at this level receive only occasional instruction or assistance as new orunusual situations arise, and are fully aware of the operating procedures and policies of the work unit.

SUPERVISION RECEIVED
Works under the direction of a higher level maintenance worker or under the supervision of a General Foreman. May receive direction from the Facilities Maintenance Specialist.

SUPERVISION EXERCISED
Does not exercise supervisory responsibilities.

ESSENTIAI, FUNCTIONS
Depending on the assignment, essential functions include, but are not limited to, the following Perform maintenance work tasks such as building and installing cabinets, painting, plumbing, and air conditioning;
Participate in the installation, repair and/or replacement of basic building components such as windows, doors, shelving, cabinets, locks and locksets, restroom fixtures, flooring, roofing and drainage devices; Operate and maintain equipment including power and hand tools used in the maintenance and repair of buildings and structures; perform preventive maintenance and light repairs on equipment; Perform repairs to plumbing systems and components;
Perform repairs to fences and park play equipment, such as swings, slides, multi-deck structures, basketball, tennis and baseball recreation equipment;
Moves furniture and sets up facilities for events;
Order and pick up supplies and replacement parts;
Attend safety and training sessions and seminars;
ASSiSt with electrical maintenance including street lighting, traffic signals, and heating, ventilating and air conditioning repairs;
285
Utilize proper safety precautions including traffic control devices related to all work performed; ASSiSt in graffiti abatement;
Required to participate in 24 hour emergency standby duty, which may include responding to emergency calls during non-regularly scheduled work hours, including nights, weekends and holidays; Perform related duties as required.

OUALIFICATIONS
Training and Experience
Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary. A typical way of obtaining the knowledge and abilities would be: Graduation from high school or equivalent AND three (3) years of general maintenance experience within building maintenance, electrical, carpentry, painting, plumbing, and repair work.

License Requirement
Possession of a valid California Class C Driver's License and a satisfactory driving record is required at time of appointment and throughout employment in this position.

Training/Certification/Special Requirements*
Possession of the following are required at time of appointment and throughout employment in this position: Aerial Boomlift Operator Certification, Annual Playground Safety Training, Aquatic Facility Operator Certification, Work Zone Safety Certification, Confined Space Certification, and First Aid/CPR.
*Current incumbents must obtain required trainings & certifications within two years of job specification approval.

This classification is subject to random drug/alcohol testing pursuant to Department of Transportation guidelines/requirements.

Knowledge, Skills, and Abilities
Knowledge of: the functions and characteristics related to a wide variety of buildings, facilities, fixtures and necessary materials used in building or park maintenance and repair activities; hand and power tools common to the building trades; standard building maintenance and repair procedures; safety precautions associated with general park or building maintenance, repair work and traffic safety.

Skill and Ability to: operate and maintain a variety of different types of machinery, tools and equipment related to carpenti'y, plumbing, electrical, painting, and graffiti abatement; identify maintenance and repair needs in City buildings or park facilities and select appropriate materials and equipment to efficiently perform maintenance and repair work; perform minor maintenance repairs for heating and cooling systems; maintain records and make estimates for time and material; read and write at a level necessary for successful job perfomiance; communicate effectively orally and in writing; understand and follow oral and written directions; establish and maintain cooperative working relationsips.
286
ADI)ITIONAL INFORMATION:

CAI,IFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM:

An incumbent appointed to this position is subject to enrollment in the California DMV Pull Notice Program. The Pull Notice program provides information on the incurnbent's driving record and Driver's License status on a periodic basis to the City of South Gate. ,% employee assigned a City vehicle must acla'iowledge receipt and understanding of City Administrative Regulations covering the use of City vehicles.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work environment described here are representative of those that must be met by an employee to success'Lully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to walk, stand, bend, crouch, talk or hear. The employee is frequently required to use hands and fingers to handle, or feel objects, tools, or controls; and reach with hands and arms. Incumbents are occasionally exposed to hazardous conditions and must occasionally work at heights of up to 45 feet. The employee must occasionally lift and/or move up to 75 pounds. Specific vision abilities required by this job include close vision, color perception and the ability to adjust focus. The noise level in the work environment is usually noisy. Incumbents are occasionally exposed to adverse environmental conditions.

GENERAL MAINTENANCE LABORER
Created, 09/01/78
Revised, 01/08/79

GENERAL MAINTENANCE WORKER
Revised, 08/12/97

FACILITIES MAINTENANCE TECHNICIAN II
Revised, 01/13/15
Revised, 03/28/23
287
CityofSouth Gate
POSITION SPECIFICATIONS AND A"ITRIBUTES

GENERAL MAINTENANCE FOREMAN

DUTIES OF POSITION
Under direction, supervise and participate in the maintenance and repair of City buildings and facilities; perform related duties as assigned.

EXAMPLE OF DUTIES
Schedule and assign carpentry, plumbing, painting, or other maintenance and repair work on buildings and facilities; assist in performing more difficult or skilled work and reviewwork of others to ensure that schedulesandstandardsaremet. Layoutworkonspecialjobssuchastheinstallationofhotwaterboilers and pumps and maintenance on low pressure steam systems; lay out the work on the construction of playground or athletic field equipment. Confer with vendors on prices and availability of supplies and materials; maintain an inventory and order plumbing, painting and building supplies and materials; assist with purchase of new equipment. Keep records of time and materials used. Act for Electrical and General Maintenance Superintendent when needed.

QUALIFICATTONS

FORMAL TRAINING AND EXPERIENCE
Any combination equivalent to graduation from high school AND three (3) years of experience in building maintenance and repair work.

KNOWLEDGE AND ABILITIES:

Knowledge of all phases of maintenance and repair work involving carpentry, plumbing, painting and building maintenance and repair work; tools, materials and procedures used in maintenance and repair of buildings and other facilities; use and operation of hand and power tools. Ability to schedule, layout and supervise the work of others; schedule and train maintenance workers; keep records; establish and maintain effective relationships with others.

SPECIAL REQUIREMENTS OF POSITION:

1. Possession of a valid Class C Driver's License and a satisfactory driving record is required at the time of appointment and throughout employment in this position.

2. Availability for weekend and night duty.

Revised, 03/28/23
288
City of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

WATER DISTRIBUTION FOREMAN

DESCRIPTION
Under direction, to lay out, coordinate, assign, supervise, evaluate and record the work of crews engaged in the installation, operation and maintenance of the City's water distribution facilities; to coordinate water distribution system relocations, extensions, repairs, shut down, etc., as required during public or private sector construction projects; to maintain all required production, repair, testing, inventory and other appurtenant records as required; to prepare periodic reports regarding these responsibilities; and perfomis related duties as assigned.

CLASS CHARACTERISTICS
The Water Distribution Foreman is a single position classification which has administrative responsibilities such as assigning or coordinating work assignments. The incumbent is distinguished from the Water Operations Foreman in that the incumbent works primarily overseeing staff and the daily functions of water distribution operations.

Supnuvisios RECEIVED
Works under the general supervision of the Water Division Manager.

SUPERVISION EXERCISED
Exercises direct supervision over the water distribution staff.

ESSENTIAL FUNCTIONS
Essential functions include, but are not limited to, the following:

Assigns, schedules, intersects, supervises and oversees water distribution operations to include the inspection, installation, testing and repair to the water mains, hydrants, services and valves; Maintain appropriate inventory of pipe, fittings and spare parts for valves and hydrants and prepares, maintains and reports record inventory data as required;
Responds to customer inquiries pertaining to water pressure or water quality problems and prepares and maintain appropriate record data regarding the resolution of these inquiries; Enforces safety regulations and conducts personnel safety training in the use of tools and equipment; Prepares perfom'iance evaluations for personnel and prepares appropriate recommendations regarding these evaluations; evaluates and approves requests for sick leave, vacations and personal leave for personnel under his supervision and makes recommendations regarding employee leave without pay; Inspects work in progress and upon completion for compliance with blue prints and work specifications; Oversees contract work;
Operates a computer and uses applicable software to prepare memos and create work orders; ASSiStS in the selection and training of assigned employees, oversees daily attendance/ timecard and work activity records; May be required to work during weekdays, weeknights, and/or weekends; must be able to work shifts on a 7-day basis to meet operational needs of the Water Division; must be able to perform standby functions as required to meet operational needs of Water Division.

Perform related work as required.
16289

OUALIFICATIONS
Training and Experience:

Any combination of education and/or experience that has provided the laiowledge, skills, and abilities necessary.

Graduation from high school or equivalent and a minimum of four (4) years of progressively responsible experience in the operation and maintenance of water system equipment, water distribution, and facilities. One (l) year lead capacity experience in the installation, operation and maintenance of water distribution facilities is desirable. A strong background in water technology courses is desired.

License Requirement
Possession of a valid Class C California driver's license and a satisfactory driving record is required at time of appointment and throughout employment in this position. Possession of Grade II California State Department of Public Health Water Treatment Operator's Certificate (CDPH). Possession of a Grade TV State of California Department of Public Health Services Distribution Certificate (CDPH).

Knowledge, Skills and Abilities
Knowledge of: Municipal Water System Facilities and equipment as to their installation, operation, maintenance and repair; knowledge of state and county Health Codes regulations that govern water service.

Skill and Ability to: follow oral and written directions; communicate effectively orally and in writing; maintain inventory records; supervise, train, schedule and instruct other personnel; establish and maintain effective relationships with other employees and with the public; prepare written reports and correspondence; maintain and update appropriate record data and reports on a permanent or periodic basis as may be required.

ADDITIONAL INFORMATION:

CALIFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM An incumbent appointed to this position is subject to enrollment in the California DMV Pull Notice Program. The Pull Notice program provides information on the incumbent's driving record and Driver's License status on a periodic basis to the City of South Gate. An employee assigned a City vehicle must acknowledge receipt and understanding of City Administrative Regulations covering the use of City vehicles.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work environment described here are representative of those that must be met by an employee to success:fully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While perfomiing the duties of this job, the employee is frequently required to walk, sit and talk or hear. The employee is occasionally required to use hands to finger, handle, or feel objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to climb or balance, stoop, kneel, crouch, or crawl. The employee must occasionally lift and/or move up to 50 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. While performing the duties of this job, the employee occasionally works in outside weather conditions. The employee is occasionally exposed to wet and/or humid conditions, toxic or caustic chemicals. The noise level in the work environment is usually quiet while in the office, and moderately loud when in the field. Incumbents are not substantially exposed to adverse environmental conditions.

WATER DISTRIBUTION FOREMAN
REVISED 06/1 1/84
REVISED 08/12/97
REVISED 06/10/14
REVISED 03/28/23
17 290
Ciffl of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

WATER DISTRIBUTION OPERATOR I

DESCRIPTION
Under immediate supervision to perform a variety of semi-skilled tasks in the installation, maintenance and repair of the water distribution system; and to do related work as required.

CLASS CHARACTERISTICS
This is the entry apprentice level class in the Water Distribution Operator series. This class is distinguished from the Water Operator II by the performance ifthe more routine tasks and duties assignedto workers in this series. Employees at tliis level arenot expectedto perform with same independence of direction and judgment on matters related to establislied procedures and guidelines as are positions allocated to the II and III level.

Since tliis is typically used as a training class, employees may have only limited or non directly related work experience.

SUPERVISION RECEIVED
Employees work under immediate supervision.

SUPERVISION EXERCISED
Employees do not exercise supervisory responsibilities.

ESSENTIAL FUNCTIONS
Essential functions include, but are not limited to, tlie following:

Installs, maintains and repairs water mains, hydrants, services, valves, detector checks and backflow prevention devices;
Digs trenclies, lays pipe or taps lines and backfills trenches; makes minor repairs to water such as replacing dials, glass and screws; operates power equipment as directed.

Flushes mainlines; chlorinates main lines as directed.

ASSiStS in inspection and maintenance of elevated water tanks.

As assigned, may read meters, turn on and off customer services, answer complaints on water service and collect delinquent bills.

Must be able to work sliifts on a 7day/ 24 hour basis to meet operational needs of tlie Water Division.

QUALIFICATIONS
Training and Experience
Any combination equivalent to an acceptable basic education and one (1) year of experience in water utility operation, maintenance and repair work.

License/Certification/Special Requirements
291
Possession of a valid Class C California driver's license and a satisfactory driving record is required at the time of appointment and tlu'oughout employment in this position. Possession of a valid State Water Resource Control Board Distribution Grade I Certificate. (Employee may advance to Water Distribution Operator II after obtaining Water Distribution Operator Grade II Certification andperform job fiinctions at a Journey Distribution OperatorLevel.) Knowledge, Skills, and Abilities
Knowledge of tlie methods, materials, tools and equipment used in tl'ie installation and maintenance ofwatersystemsandfacilities. Abilitytousehandandpowertools;abilitytofolloworaldirections; ability to establisli and maintain effective relationships witli otliers.

ADDITIONAL INFORMATION:

CALIFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM:

An incumbent appointed to this position is subject to enrollment in tl'ie California DMV Pull Notice Program. The Pull Notice program provides information on the incumbent's driving record and Driver's License status on a periodic basis to the City of South Gate. An employee assigned a City vehicle must acknowledge receipt and understanding of City Administrative Regulations covering theuse ofCityvehicles.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical detnands and work environinent described here are representative of those that must be met by an employee to successfully perform the essential functions of tliis job. Reasonable accommodations may be madetoenableindividualswitbdisabilitiestoperfonntheessentialfunctions. Whileperformingthedutiesof this job, the employee is frequently required to sit and talk or hear. Tl'ie employee is occasionally required to walk; use hands to finger, handle, or feel objects, tools, or controls; and reacli with hands and arins. Tlie employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. Tlie noise level in the work envirorunent is usually quiet in the office and moderately loud when outdoors. hicumbents are not substantially exposed to adverse environmental conditions.

WATER DISTRIBUTION OPERATOR I
Revised, 10/14/2014
Revised, 03/28/2023
292
CUy of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

WATER DISTRIBUTION OPERATOR II

DESCRIPTION
Under general supervision to perfornn a variety of semi-skilled tasks in tlie installation, maintenance and repair of the water distribution system; and to do related work as required.

CLASS CHARACTERISTICS
WaterDistribution Operator II: This is the journey level class in tlie Water Distribution Operator series. This class is distinguished from the Water Operator I by the assigiunents of increased job duties at a level that increases from tlie normal routine work. Employees at this level are not expected to perform witli tliat same independence of direction and judgment on matters related to established procedures and guidelines as are positions allocated to tlie III level.

SUPERVISION RECEIVED
Employees work under general supervision.

SUPERVISION EXERCISED
Employees do not exercise supervisory responsibilities.

ESSENTIAL FUNCTIONS
Essential functions include, but are not limited to, the following:

Installs, maintains and repairs water mains, hydrants, services, valves, detector checks and backflow prevention devices;
Digs trenches, lays pipe or taps lines and backfills trenches; Makes minorrepairs to water sucli as replacing dials, glass and screws; operates power equipment as directed.

Flushes mainlines; chlorinates main lines as directed.

ASSiStS in inspection and maintenance of elevated water tanks.

As assigned, may read meters, turn on and off customer services, answer complaints on water service and collect delinquent bills.

Must be able to work shifts on a 7day/ 24 hour basis to meet operational needs of the Water Division.

Must be able to perform standby functions after obtaining WaterDistribution Operator Grade m Certification.

Must be able to perform job functions at a Jouniey Water Distribution level. 0UALIFICATIONS
Training and Experience
Any combination equivalent to an acceptable basic education and two (2) years of experience in 20293
water utility operation, maintenance and repair work.

License/Certification/Special Requirements
Possession of a valid Class C California driver's license and a satisfactory driving record is required at tlie tiine of appointment and througliout employment in this position. Possession of a valid State Water Resource Control Board Distribution Grade II Certificate. (Employee may advance to Water Distribution Operator m after obtaining Water Distribution Operator Grade HI Certification and requires the ability to perform at Journey Distribution Level.

Ability to obtain a Water Treatment Grade I is desirable.) Knowledge, Skills, and Abilities
Knowledge of the metliods, materials, tools and equipment used in tlie installation and maintenance ofwatersystemsandfacilities. Abilitytousehandandpowertools;abilitytofolloworaldirections; ability to establish and maintain effective relationsl'iips with others.

ADDITIONAL INFORMATION:

CALIFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM:

An incumbent appointed to tl'iis position is subject to enrolhnent in the California DMV Pull Notice Program. Tlie Pull Notice program provides information on tlie incumbent's driving record and Driver's License stahis on a periodic basis to tlie City of South Gate. An employee assigned a City vehicle must acknowledge receipt and understanding of City Administrative Regulations covering the use of City veliicles.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
Tlie pliysical demands and work environment describedliere are representative of those tl'iat must be met by an employee to successfully perforin the essential functions of this job. Reasonable accommodations may be madetoenableindividualswitlidisabilitiestoperformtlieessential-functions. Whileperfoimingthedutiesof tliis job, tlie employee is frequently required to sit and talk or hear. The employee is occasionally required to walk; use hands to finger, liandle, or feel objects, tools, or controls; and reacli with liands and arms. The employee must occasionally lift and/or move up to 25 pounds. Specific vision abilities required by this job include close vision and tlie ability to adjust focus. The noise level in the work environment is usually quiet in tlie office and moderately loud when outdoors. hicumbents are not substantially exposed to adverse environmental conditions.

WATER DISTRIBUTION OPERATOR II
Revised, 10/14/2014
Revised, 03/28/2023
294
C% of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

WATER LEAD WORKER

DESCRIPTION
Under general supervision perfornns a variety of both skilled and general duties involved in the maintenance, repair and construction of the City water components; leads and participates in a small crew engaged in the installation, maintenance and repair of the water distribution system; and performs related work as required.

CLASS CHARACTERISTICS
The Water Lead Worker is a single position classification which has administrative responsibilities such as assigning or coordinating work assignments. The incumbent is distinguished from the Water System Lead Worker in that the incumbent works primarily with leading Water Distribution Operators.

SUPERVISION RECEIVED
Works under the general supervision of the Water Distribution Foreman.

SUPERVISION EXERCISED
Exercises lead supervision over the water distribution staff.

Esshrmht FUNCTIONS
Essential functions include, but are not limited to, the following:

Takes the lead in installing, maintaining and repairing water mains, hydrants, services, valves, detectors checks and city-owned backflow prevention devices; digs trenches, measures and lays pipe; taps main lines and backfills trenches; makes minor repairs to water meters.

Participates in performing the most complex work of the unit including coordinating and planning work schedules and job assignments; generates, categorizes, and distributes work orders.

Flushes main lines and sand traps; chlorinates main lines as directed.

Trains assigned employees in their areas of work including proper water distribution methods, procedures, techniques, and safe handling of equipment and tools.

Supervises the use, care, and operation of assigned equipment and tools, verifies the work of assigned employees for accuracy, proper work methods, techiques, and compliance with applicable standards and specifications: ensures adherence to safe work practices and procedures.

Reviews and inputs service requests and responds to inquiries from the public.

Operates a personal computer and uses applicable software to input data, maintain records and prepare reports and maps.
22295
May be required to work during weekdays, weeknights, and/or weekends; must be able to work shifts on a 7 day basis to meet operational needs of the Water Division; must be able to perform standby functions as required to meet operational needs of Water Division.

Acts for Water Foreman in his absence.

OUALIFICATIONS
Training and Experience:

Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary. A typical way of obtaining the knowledge and abilities would be:
graduation from high school or equivalent and three (3) years of progressively responsible experience in the distribution and maintenance of water system equipment, water distribution, and infrastructure. One (l) year lead capacity expeiience in the distribution, maintenance and repair of water system is desirable.

License Requirement/Certification/Special Requirements Required at the time of appointment and throughout employment in this position is possession ofi valid Class C California driver's license and a satisfactory driving record, AND Grade III State Water Resource Control Board Distribution Ceitificate, AND Grade II State Water Resource Control Board Treatment Certificate.

Tis classification is subject to random drug/alcohol testing pursuant to Department of Transportation guidelines/requirements.

Knowledge, Skills and Abilities
Knowledge oj: water systems mains, hydrants, meters and valves; methods, materials, tools and equipment used in water system installation, maintenance and repair work.

Skill and Ability to: operate power equipmejit used in installing, maintaining and repairing the water distribution system; supervise the work of others; write basic reports, communicate effectively orally and in writing; establish and maintain effective relationships with others; train assigned employees in their areas of work including proper water distribution methods, procedures, techniques, and safe handling of equipment and tools. Ability to supervise the use, care, and operation of assigned equipment and tools; verify the work of assigned employees for accuracy, proper work methods, techniques, and compliance with applicable standards and specifications: ensure adherence to safe work practices and procedures.

ADDITIONAL INFORMATION:

CALIFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM:

An incumbent appointed to tis position is subiect to enrollment in the California DMV Pull Notice Program. The Pull Notice program provides information on the incumbent's driving record and Driver's License status on a periodic basis to the City of South Gate. An employee assigned a City vehicle must acknowledge receipt and understanding of City Administrative Regulations covering the use of City vehicles.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work environment desctibed here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable 23296
accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to walk, sit and talk or hear. The employee is occasionally required to use hands and fingers to handle, or feel objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to climb or balance, stoop, kneel, crouch, or crawl. The employee must occasionally lift and/or move up to 50 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus.

While performing the duties of tis job, the employee occasionally works in outside weather conditions. The employee is occasionally exposed to wet and/or humid conditions, toxic or caustic chemicals. The noise level in the work environment is usually quiet wile in the office, and moderately loud when in the field. Incumbents are not substantially exposed to adverse environmental conditions.

Water Lead Worker
Revised, 12/09/2014
Revised, 03/28/2023
24297
Ciffl of South Gate

POSITION SPECIFICATIONS AND ATTRIBUTES

WATER METER READER II

POSITION DESCRIPTION
Under direction, to read and report readings of water meters; to detect and report defective meters; and to related work as required.

EXAMPLE OF DUTIES
Works an established route and schedule to read customer water meters, records readings; notes high or low readings for possible malfunction of meter. Performs minor maintenance on meter boxes such as replacements of broken lids, cleaning glass covers and keeping meter boxes clean of plant growth. May collect delinquent bills as required. Reports hazardous, unsanitary or other conditions requiring attention or action by the City. As assigned, may be used to replace Water Distribution personnel.

OUALIFICATIONS
FORMAL TRAINING AND EXPERIENCE: Any combination equivalent to graduation from high school and one (1) year of experience involving public contact.

KNOWLEDGE AND ABILITIES: Knowledge of basic arithmetic. Ability to read gauges and record figures accurately; ability to follow oral and written directions; ability to establish and maintain effective relationships with others.

SPECIAL REOUIREMENTS OF POSITION:

1. Possession of a valid Class C California driver's license and a satisfactory driving record is required at the time of appointment and throughout employment in this position.

2. Possession of a State of California Department of Health Services Grade III Certificate.

3. Must be able to work shifts on a 7 day basis to meet operational needs of the Water Division.

4. Perform at a Journeyman level for a Water Distribution Operator and is available to perform standby functions for the Water Division.

Revised, 03/28/2023
25298
City of South Gate

POSITION SPECIFICATIONS AND ATTRIBUTES

WATER OPERATIONS FOREMAN
DUTIES OF Posi'riou
Under direction, to layout, coordinate, assign, supervise, train, evaluate, prepare required reports periodically and record the work of the work of technicians engaged in operations, reading and maintenance of meters, backflow prevention devices, water pumping plants, telemetry controls, water reservoirs and booster pumping plants; to maintain all required production, repair, testing, inventoiy and other appurtenant records as directed; and to do related work as required.

EXAMPLE OF DUTIES
Assigns, schedules, inspects, trains and supervises all work of technicians related to the operation of the meter maintenance shop, pumping stations, telemetry controls and reservoirs complexes; maintains and appropriate inventory of fittings, spare parts and other required appurtenance; maintains records and prepares reports and recommendations regarding replacement, repair and testing of meters and backflow prevention devices; responds to customer questions pertaining to water quality and billing problems and prepares and maintains appropriate record data regarding the resolution of these matters.

Enforces safety regulations and conducts personnel safety training and educational seminars in the use of tools, equipment and work procedures; conducts plant surveys for cross control in conjunction with the Coiu'ity Health Sanitarian; reviews plans and advises management of possible corrective work procedures; conducts plant surveys for cross coru'iection control; performs perfoimance evaluations for and reviews same with affected personnel and prepares appropriate recommendations regarding these evaluations; evaluates and approves requested sick leave, vacation and personal leave for personnel under his supervision and makes recommendations regarding employee leave without pay requests; and does related work as required.

QUALJFICATIONS
FORMAL TRAINING AND EXPERIENCE: Any combination equivalent to graduation from high school and minimum of one (l) year of experience in a responsible lead capacity in the operation, maintenance and repair of water production and telemetry control facilities; effective oral and written communications skills are required. A strong background in water technology course is desirable.

KNOWLEDGE AND ABILITIES: Knowledge of Municipal water system operation, including water meters, pumping plants and telemetry controls; knowledge of the application, operation and maintenance of backflow prevention devices; knowledge of state and county Health Codes and regulations that govern water services. Ability to maintain an appropriate inventoiy, prepare, maintain and update permanent and periodic record data; ability to prepare written reports and correspondence; ability to supervise, schedule, train and instruct other personnel; ability to establish and maintain effective working relationships with other employees and with the public. 26299
SPECIAL REQUIREMENTS OF POSITION:

1. Possession of Grade III California State Department of Health Water Treatment Operator's Certificate within one (1) year of appointment.

2. Possession of a valid Class C California driver's license and a satisfactory driving record is required at time of appointment and throughout employment in this position.

3. Possession of a Los Angeles County Department of Health Backflow Prevention Device Tester's Certificate of Competency within one (1) year of appointment.

4. Possession of a Grade III California Department of Health Services Distribution Certificate.

5. Must be able to work shifts on a 7 day basis to meet operational needs of the Water Division.

6. Must be able to perform standby functions as required to meet operational needs of Water Division.

Revised, 03/28/2023
27300
Ciffl of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

WATER PUMP OPERATOR I

DESCRIPTION
Under direction, to operate and maintain booster and well pumps in the City water distribution system; to care for pumphouses and grounds; operates water disinfecting and treatment equipment and perform related work as required.

CLASS CHARACTERISTICS
The Water Pump Operator I is an entry level classification of the Pump Operator series.

SUPERVISION RECEIVED
Works under the direction of the Water System Lead Operator and Water Production Foreman.

SUPERVISION EXERCISED
Does not exercise supervisory responsibilities.

ESSENTIAL FUNCTIONS
Essential functions include, but are not limited to, the following:

Operates booster stations and well pumps to maintain adequate water levels in the water distribution system;
Operates and maintains Metropolitan Water District connections; Checks and makes settings on automatic actuating devices on pumps; inspects pumps for proper lubrication and oil levels; checks pump motors; checks, adjusts, or repairs pressure gauges, air release valves, control on altitude valves and meters at pump stations; inspects chlorinators; changes air filters and repairs or replaces parts as needed; flushes when required; Operates a personal computer and the Supervisoiy Control and Data Acquisition Systems (SCADA) computers.

Completes daily production reports on the amount of water pumped; Takes temperature of water at pump stations and measures well depth; Takes water samples at wells and throughout the water system for testing of turbidity, color and odor at the lab; keeps records on tests;
Collects water samples from water pipe sampling taps and other sources as needed; Chlorinates and flushes water lines at pump stations as needed; assists in periodic inspections of water tanks;
Maintains station facilities and grounds including painting of pumphouses and machinery, watering and weeding of grounds and cleaning up debris;
301
Required to participate in 24 hour emergency standby duty, which may include responding to emergency calls during non-regularly scheduled work hours, including nights, weekends and holidays; Required to work shifts on a 7-day basis to meet operational needs of the Water Division; perform standby activities including the use of lap top computer to operate SCADA System; Perform related duties as required.

QUALIFICATIONS
Training and Experience
Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessaiy. A typical way of obtaining the laiowledge and abilities would be: graduation from high school or equivalent AND one (1) year of experience in the operation and maintenance of electrical pumps, or closely related field.

License/Certification/Special Requirements
Possession of a valid California Class C Driver's License and a satisfactoiy driving record is required at time of appointment and throughout employment in this position. Possession of Grade I California State Department of Public Health Water Treatment Operator's Certificate is required at time of appointment.

Incumbent advances to Water Pump Operator II upon obtaining State of California Department of Public Health Services Grade III Distribution Certificate, and a Grade II Water Treatment Operator's Certificate.

Knowledge, Skills and Abilities
Knowledge ofi principles and practices used in water pumping operations; operation and maintenance of pumps and auxiliary equipment; safety precautions and practices necessary when dealing with chemicals applicable to water disinfecting and treatment.

Skill and Ability to: take accurate readings and keep records; read and write at a level necessary for successful job performance; communicate effectively orally and in writing; understand and follow oral and written directions; establish and maintain effective relationships with coworkers, management, and the general public; learn and operate the SCADA System.

ADDITIONAL INFORMATION:

CALIFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM An incumbent appointed to this position is subject to enrollment in the California DMV Pull Notice Program. The Pull Notice program provides information on the incumbent's driving record and Driver's License status on a periodic basis to the City of South Gate. An employee assigned a City vehicle must acknowledge receipt and understanding of City Administrative Regulations covering the use of City vehicles.

PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work environment described here are representative of those that must be met by an employee to successfully perform the essential functions of this job.

Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to walk, sit and talk or hear. The employee is occasionally required to use hands and fingers to 29302
handle, or feel objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to climb or balance, stoop, kneel, crouch, or crawl. The employee must occasionally lift and/or move up to 50 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. While performing the duties of this job, the employee occasionally works in outside weather conditions. The employee is occasionally exposed to wet and/or humid conditions, toxic or caustic chemicals. The noise level in the work environment is usually quiet while in the office, and moderately loud when in the field.

Incumbents are not substantially exposed to adverse environmental conditions.

WATER P{JMP OPERATOR I

CREATED XXXX
REVISED 10/14/14
REVISED 03/28/23
30303
Ci'ffl of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

WATER PUMP OPERATOR II

DESCRIPTION
Under direction, to operate and maintain booster and well pumps in the City water distribution system; to care for pumphouses and grounds; operates water disinfecting and treatment equipment and performs related work as required.

CLASS CHARACTERISTICS
The Water Pump Operator II is the second level classification of the Pump Operator series.

SUPERVISION RECEIVED
Works under the direction of the Water System Lead Operator and Water Production Foreman.

SUPERVISION EXERCISED
Does not exercise supervisory responsibilities.

ESSENTIAJ., FUNCTIONS
Essential functions include, but are not limited to, the following:

Operates booster stations and well pumps to maintain adequate water levels in the water distribution system;
Operates and maintains Metropolitan Water District coiu'iections; Checks and makes settings on automatic actuating devices on pumps; inspects pumps for proper lubrication and oil levels; checks pump motors; checks, adjusts, or repairs pressure gauges, air release valves, control on altitude valves and meters at pump stations; inspects chlorinators, changes air filters and repairs or replaces parts as needed; flushes when required; Operates a personal computer and the Supervisory Control and Data Acquisition (SCADA) System computer.

Completes daily production reports on the amount of water pumped.

Takes temperature of water at pump stations and measures well depth.

Takes water samples at wells and throughout the water system for testing of turbidity, color and odor at the Jab; keeps records on tests.

Collects water samples from water pipe sampling taps and other sources as needed.

Chlorinates and flushes water lines at pump stations as needed; assists in periodic inspections of elevated water tanks.

Maintains station facilities and grounds including painting of pumphouses and machinery, watering and weeding of grounds and cleaning up debris. 304
Required to participate in 24 hour emergency standby duty, which may include responding to emergency calls during non-regularly scheduled work hours, including nights, weekends and holidays;
Required to work shifts on a 7-day basis to meet operational needs of the Water Division; perfoim standby activities including the use of lap top computer to operate SCADA System; Required to perfomi distribution activities to meet operational requirements for Water Division as conditions warrant.

Perform related duties as required.

OUALIFICATIONS
Training and Experience
Any combination of education and/or experience that has provided the knowledge, skills, and abilities necessary. A typical way of obtaining the knowledge and abilities would be:
graduation from high school or equivalent AND two (2) years of experience in the operation and maintenance of electrical pumps, or closely related field.

License/Certification/Special Requirements
Possession of a valid Califomia Class C Driver's License and a satisfactory driving record is required at time of appointment and throughout employment in this position.

Possession of a Grade II California State Department of Public Health Services Water Treatment Operator's Certificate AND Grade III California State Department of Public Health Services Water Distribution Certificate required at time of appointment and throughout employment in this position.

Knowledge, Skills and Abilities
Knowledge of: the principles and practices used in water pumping operations; the operation and maintenance of pumps and auxiliaiy equipment; safety precautions and practices necessaiy when dealing with chemicals applicable to water disinfecting and treatment.

Skills and Ability to: take accurate readings and keep records; read and write at a level necessary for successful job performance; communicate effectively orally and in writing; understand and follow oral and written directions; establish and maintain effective relationships with coworkers, management, and the general public; learn and operate the SCADA System.

ADDITIONAL INFORMATION:

CALIFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM An incumbent appointed to this position is subject to enrollment in the California DMV Pull Notice Program. The Pull Notice program provides information on the incumbent's driving record and Driver's License status on a periodic basis to the City of South Gate. An employee assigned a City vehicle must acknowledge receipt and understanding of City Administrative Regulations covering the use of City vehicles. 32305

PHYSICAL DEMANDS AND WORK ENVIRONMENT
The physical demands and work environi'nent described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perfori'n the essential functions. While performing the duties of this job, the employee is frequently required to walk, sit and talk or hear. The employee is occasionally required to use hands and fingers to handle, or feel objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to climb or balance, stoop, kneel, crouch, or crawl. The employee must occasionally lift and/or move up to 50 pounds.

Specific vision abilities required by this job include close vision and the ability to adjust focus. While performing the duties of this job, the employee occasionally works in outside weather conditions. The employee is occasionally exposed to wet and/or humid conditions, toxic or caustic chemicals. The noise level in the work environment is usually quiet while in the office, and moderately loud when in the field. Incumbents are not substantially exposed to adverse environi'nental conditions.

WATER PUMP OPERATOR II

CREATED XXXX
REVISED 10/14/14
REVISED 03/28/23
33306
CUy of South Gate

CLASS SPECIFICATIONS AND ATTRIBUTES

WATER QUALITY & SYSTEM LEAD OPERATOR

DESCRIPTION
Under direction, leads, oversees, and participates in the more complex and difficult work of staff responsible for perfoiming a variety of semi-skilled and skilled duties associated with the operation and maintenance of the City's water production facilities, pumping, and storage facilities; ensures safe production, delivery, and protection of the City's water supply; oversees water sampling programs and monitors results to ensure compliance with all applicable regulatory agencies; monitors and ensures compliance with State and Federal regulations regarding water system operations and operates and maintains a variety of heavy equipment and hand and power tools and equipment; and perform related work as required.

CLASS CHARACTERISTICS
The Water Quality & System Lead Operator is a single position classification which has administrative responsibilities such as assigning or coordinating work assignments. The incumbent is distinguished from the Water Lead Worker in that the incumbent works parily with leading water system operations and oversees the comprehensive water quality program.

SUPERVISION RECEIVED
Works under the general supervision of the Water Operations Foreman.

SUPERVISION EXERCISED
Exercises lead supervision over the water operations staff.

ESSENTIAL FUNCTIONS
The followirxg fimctions are typical for this dassification. The incumbent may not pedorm all of the listed fimctions and/or may be required to pedorm additional or difjferent fimctions from those set forth below to address business needs and changing business practices.

Leads, plans, trains, and reviews the work of water production staff responsible for performing semi-skilled and skilled duties associated with the operation and maintenance of the City's water production facilities, pumping, and storage facilities.

Monitors and ensures compliance with City, State, and Federal regulations regarding water systems operation.

Participates in performing the most complex work of the unit including coordinating and planning work schedules and job assignments; generates, categorizes, and distributes work orders.

Trains assigned employees in their areas of work; including proper water production methods, procedures, techniques, and safe handling of equipment and tools. Supervises the use, care, and operation of assigned equipment and tools. Verifies the work of assigned employees for accuracy, proper work methods, techniques, and compliance with applicable standards and specifications: ensures adherence to safe work practices and procedures.

Oversees and participates in monitoring and adjusting reservoirs to ensure adequate supply of domestic water; maintains water production and storage facilities and grounds.

Collects water quality samples; reads meters, calculates chemical usage; adjusts and maintains chlorinators; chlorinates water.
34307
Oversees and participates in operation and control of the water system using SCADA system software.

Oversees and participates in monitoring water quality by collecting representative water samples; performs laboratory tests for turbidity, color, odor, chlorine, and other tests as required; preserves samples for shipment to the laboratory.

Oversees and participates in performing routine preventative maintenance of pumps, motors, chemical equipment, and related equipment including lubricating, operating adjustments, cleaning, and painting equipment; perfoims general grounds keeping duties at sites as necessaiy.

Oversees and participates in inspecting pumps, valves, pilot controls and other water facilities and appurtenances; installs, repairs, and maintains equipment as necessary.

Operates a variety of hand and power tools and heavy equipment used in water production construction and maintenance work; maintains and performs minor repairs to equipment tools, and vehicles.

Responds to water quality complaints in a courteous manner; provides information within the area of assignment including explaining water quality procedures; resolves complaints in an efficient and timely manner. Answers emergency calls from the public and other agencies; takes appropriate public safety measures and initiates corrective action.

Participates in the development of the section budget; monitors expenditures; recommends the purchase of equipment, materials and supplies. Maintains records of basic operations, maintenance, and work performed; prepares reports on operations as necessary.

Responds to emergency calls on the water production system during weekend duty or stand-by duty.

Reviews and updates the City's Title 22 Drinking Water Quality Plan. Works with the contractor to ensure the schedule is accurate. Prepares and files reports with appropriate regulatory agencies.

Oversees the City's cross-coruiection program; updates backflow device accounts and maintains backflow device files.

Organizes, plans and physically conducts field inspections and surveys.

Coordinates inspections with and provides information to the Los Angeles County Department of Public Health and the California Department of Public Health Services. Checks construction plans for conformance to cross- connection requirements.

May be required to work during weekdays, weeknights, and/or weekends; must be able to work shifts on a seven (7) day basis to meet operational needs of the Water Division; must be able to perform standby functions as required to meet operational needs of Water Division.

Otihtapica'rioxs
A typical way to obtain the requisite qualifications to pedorm the duties of this dass is as follows:

Education, Training and Experience:

Graduation from high school or equivalent and three (3) years of progressively responsible experience in the operation and maintenance of water system equipment, water production, and facilities. One (1) year lead capacity experience in the operation, maintenance and repair of water production and telemetiy control facilities is desirable. A strong background in backflow and cross-coru'iection courses is desirable. 35308
License/Certification/Special Requirements
Possession of a valid Class C California driver's license and a satisfactory driving record is required at time of appointment and tbroughout employment in this position. Possession of a Grade III California State Department of Public Health Services Water Distribution Certificate is required. Possession of a Grade II California State Department of Public Health Services Water Treatment Certificate is required.

Knowledge, Skills and Abilities
Knowledge of: Municipal water system operation, including water meters, pumping plants and telemetry controls; application, operation and maintenance of backflow prevention devices; State and County Health Codes and regulations that govern water services.

Skill and Ability to: follow oral and written directions; communicate effectively orally and in writing; maintain an appropriate inventory, prepare, maintain and update permanent and periodic record data; prepare written reports and correspondence; supervise, schedule, train and instruct other personnel; establish and maintain effective working relationships with other employees and with the public.

ADDITIONAL INFORMATION:

CALIFORNIA DEPARTMENT OF MOTOR VEHICLE (DMV) PULL NOTICE SYSTEM An incumbent appointed to this position is subject to enrollment in the California DMV Pull Notice Program. The Pull Notice program provides inforn'iation on the incumbent's driving record and Driver's License status on a periodic basis to the City of South Gate. An employee assigned a City vehicle must acknowledge receipt and understanding of City Administrative Regulations covering the use of City vehicles.

PHYSICAJ., DEMANDS AND WORK ENVIRONMENT
The physical demands and work enviroiunent described here are representative of those that must be met by an employee to successfully perform the essential functions of this job. Reasonable accommodations may be made to enable individuals with disabilities to perform the essential functions. While performing the duties of this job, the employee is frequently required to walk, sit and talk or hear. The employee is occasionally required to use hands and fingers to handle, or feel objects, tools, or controls; and reach with hands and arms. The employee is occasionally required to climb or balance, stoop, kneel, crouch, or crawl. The employee must occasionally lift and/or move up to 50 pounds. Specific vision abilities required by this job include close vision and the ability to adjust focus. While performing the duties of this job, the employee occasionally works in outside weather conditions. The employee is occasionally exposed to wet and/or humid conditions, toxic or caustic chemicals. The noise level in the work enviror'unent is usually quiet while in the office, and moderately loud when in the field.

Incumbents are not substantially exposed to adverse environmental conditions.

WATER SYSTEM LEAD OPERATOR
Draft created, 04/08/14
Approved, 06/10/14

WATER QUALITY & SYSTEMS LEAD OPERATOR
Revised, 05/28/19
Revised, 03/28/23
36309
CITYMANAGER'S OFFICE Item No. 9
MAR 2 0 2023
City of South Gate

CITY COUNCIL

AGENDA JBUILL
For the Regular Meeting of Marc/i 28, 2023
Originating Department: City Manager's Office
Ciffl Manager:

Chris Je;fers
Ciffl Mayxager:

Chris Ve.ffers
SUBJECT: AGREEMENT WITH SOUTHEAST COMMUNITY FOUNDATION (SCF) FOR TUTORING SERVICES FOR 2023
PURPOSE: To hear a request to provide a new agreement between the City of Sorith Gate ("City") and Southeast Community Foundation ("SCF") ("Agreement") to provide tutoring services at three (3) South Gate Schools for spring, summer and fall semesters.

RECOMMENDED ACTION: The City Council will consider:

A. Appropriating $375,000 in American Rescue Plan Act ("ARPA") funds for an agreement with the Southeast Community Foundation ("SCF") to continue tutoring services for the spring, suininer and fall sessions at three (3) sites in Sorith Gate and internal costs for monitoring the agreement by staf:f;
B, Approve agreement with SCF for the tutoring program as outlined in Attacbment A (Scope of Work) in an amount not to exceed $345,171; and
C. Authorize the Mayor to sign an agreement with SCF in a form acceptable to the City Attorney.

FISCAL IMPACT: No General Fund Impact. All costs would be funded by ARPA within the $375,000.

ANALYSIS: SCF has previously reported on their successfiil 5-week summer tutoring program, Recently, they completed the fall session of the initial pilot program the City Council funded at the May 24, 2022, City Council meeting. The program included a 5-week summer program at one school and a 14- week fall program at 2 school sites for $165,000. The goal during the pilot program was to reach 30 students in summer and 60 students in the fall semester session.

During this 5-week summer session, 30 students were enrolled in the program. A total of 28 students completed the tutoring pilot program. Each student was given a diagnostic test to determine the current level of proficiency so that at the conclusion, it could be determined how much the tutoring assisted. SCF previously presented those results at a November City Council meeting.

During the fall session, SCF utilized two sites over a 12-week period and served 52 students. On average, the students received 20 hours of tutoring assistance during that time period. Date reflects I
310
that students made progress in advancement as shown between the pre-level and post-level testing administered.

The new proposal would host tutoring services at three sites, of which two worild be at a LAUSD facility and the third could be at either a LAUSD facility or Aspire school site (Charter School). All participating students would need to show proof of residency within the City to be eligible for the tutoring services offered by SCF.

Many students have suffered significantly as a result of the COVID pandemic. In many communities this impact was greater due to many factors. Some include a Lack of financial resources to participate in private tutoring services, lack of technology to adequately participate in education, and insufficient time for parents/legal guardians to assist children with reading and math.

SCF will be making a short presentation on what occurred during the fall semester session. In initial results, it does strongly suggest that these services have been beneficial in keeping students on track with skills set appropriate for their level of education.

BACKGROUND: At the May 24, 2022, City Council meeting, the City Council approved a $165,000 program with the Southeast Community Foundation to provide tutoring assistance for 30 students at an elementary school site and a 14-week fall program for 60 students at 2 school sites. The tutoring program would supply 1:1 or 1:2 tutoring to student ratios and provide each student with a minimum of 120 minutes of tutoring during the summer program. Each student received a diagnostic assessment at the start of the program.

By providing this critical program, the overall goal is to not only ensure that at a minimum students maintain their current proficiency in English and Math but also increase their proficiency levels in these two critical academic areas.

ATTACHMENT: A.

B.

Agreement with Southeast Community Forindation
PowerPoint Presentation- Fall 2022 Assessment
2 311

ATT ACHMENT A

AGREEMENT BETWEEN THE CITY OF SOUTH GATE AND

SOUTHEAST COMMUNITY FOUNDATION FOR USE OF

AMERICAN RESCUE PLAN ACT (ARPA) FUNDS FOR TUTORING SERVICES

PROGRAM
This Agreement ("Agreement") is hereby made and entered into this 28th day of March, 2023, by and between the City of South Gate, a charter city and municipal corporation organized and existing under the Constitution and laws of the State of California ("CITY"), and Southeast Community Foundation, a California domestic nonprofit corporation ("SUBRECIPIENT" or "CONTRACTOR"). The Grantee and Subrecipient are sometimes hereinafter individually referred to as a "Party" and collectively as "Parties." RECITALS:

A. The American Rescue Plan Act ("ARPA") was signed into law in March 2021. ARPA provides funding for a number of different programs, including the Coronavirus State and Local Fiscal Recovery Fund ("SLFRF"), to provide monetary support to local governments to respond to, mitigate, and recover from the COVID-19 public health emergency.

B. On October 26, 2021, the South Gate City Council authorized the City Manager to utilize ARPA SLFRF funding from the United States Department of Treasury for the Revive South Gate Spending Plan, which includes five spending categories:
recovery from the pandemic, direct assistance programs, public health and safety, critical infrastructure, and city fiscal health.

C. SUBRECIPIENT has been selected by the CITY' to receive ARPA SLFRF Funds in order to implement a Tutoring Assistance Program, in accordance with the Proposal/Scope of Work attached hereto as Exhibit A and incorporated herein by reference ("said program"). SUBRECIPIENT represents that it is qualified and willing to operate said program and certifies that the administration of said program carried out with funds provided underthis Agreement will meet ARPA's objectives to respond to, mitigate, and recover from this historic COVID-19 public health crisis.

D. SUBRECIPIENT agrees that it will adhere to the tasks and services as indicated in Exhibit A for said program. Failure to follow the requirements and meet the stated expectations may constitute breach of contract that could result in termination of this Agreement or serve as reason for the CITY to recapture the grant funds awarded to SUBRECIPIENT pursuant to this Agreement.
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WHEREFORE, it is agreed by and between the parties that the foregoing Recitals are a substantive part of this Agreement and the following terms and conditions are approved and together with all exhibits and attachments hereto, shall constitute the entire Agreement between the CITY' and SUBRECIPIENT:

ARPA PROGRAM PROVISIONS
A. Scope of Work. SUBRECIPIENT shall be responsible for the specific tasks and services of said program, and agrees to administer said program in compliance with the tasks and services as described in the Proposal/Scope of Work attached hereto as Exhibit A. SUBRECIPIENT's failure to perform as required may, in addition to other remedies set forth in this Agreement, result in readjustment of the amount of funds for said program or termination of this Agreement.

B. Term of Aqreement. The term of said Agreement shall commence on March 28- 2023, and continue through February 28, 2024 ("Term"), unless terminated earlier pursuant to the terms of this Agreement. This Agreement shall also cover any and all services provided by the SUBRECIPIENT to the CITY since the date the ARPA SLFRF Funds were awarded to the CITY. Additionally, the Term of this Agreement may be extended by a writing executed by the City Manager, or designee, and the City Attorney.

C. Amount of Grant Funding. The total amount of funds provided for said program shall not exceed Three Hundred Forty-Five Thousand One Hundred Seventy- One Dollars ($345,171.00) ("ARPA SLFRF Funds") during the Term of the Agreement.

SUBRECIPIENT agrees to use said ARPA SLFRF Funds to administer said program as outlined in Exhibit A.

D. Disbursement of Funds. The CITY' and SUBRECIPIENT agree that the funding for services provided by Subrecipient shall not exceed Three Hundred Forty-Five Thousand One Hundred Seventy-One Dollars ($345,171.00). The CITY shall disburse such ARPA funds upon Subrecipient complying with the reporting and related documentationrequiredunderARPA. SUBRECIPIENTshallbeobligatedtoperformduties including, but not limited to, obligations with respect to indemnification, audits, reporting, data retention/reporting, and accounting. Failure to provide any of the required documentation and reporting will cause CITY' to withhold all or a portion of a request for ARPA SLFRF Funds, or return the entire request to SUBRECIPIENT, until such documentation and reporting has been received and approved by CITY'. 313
(1 ) Reduction in ARPA SLFRF Funding. The CITY reserves the right to reduce the amount of ARPA SLFRF Funds to SUBRECIPIENT, orto completely terminate this Agreement, in the CITY's sole discretion, if there is a reduction in ARPA SLFRF Funds provided to the CITY.
(2) Reduced Distribution of Funds. The CITY reserves the right to reduce the grant application if the CITY's fiscal monitoring indicates that SUBRECIPIENT's rate of expenditure will result in unspent funds at the end of the program term. Amendments in the grant allocation will be made after consultation with SUBRECIPIENT.
(3) Reversion of Assets. SUBRECIPIENT agrees that any and all funds received under this Agreement shall be utilized during the Term of this Agreement, and that any and all funds remaining as of the end of the Term, which have not been utilized, shall be returned by SUBRECIPIENT to the CITY within thirty (30) days of the expiration or earlier termination of the Agreement. No expense of SUBRECIPIENT will be reimbursed by CITY if incurred after the end of the Term of the Agreement.

E. Grant Proqram Requirements.
(1) SUBRECIPIENT acknowledges that the source of funding for said program is the federal ARPA, and that payments from the ARPA SLFRF Funds are only to be used to make necessary expenditures incurred due to the public health emergency with respect to COVID-19.
(2) SUBRECIPIENT acknowledges that ARPA provisions allow the use of ARPA SLFRF Funds to respond to, mitigate, and recover from the COVID-19 public health emergency, and will not use these funds for any other uses. (3) SUBRECIPIENT shall follow the process and determination of eligibility for participants in said program as outlined in Exhibit A.

F. Performance Monitorinq.
314
(1 ) SUBRECIPIENT shall submit program performance information as often as requested by CITY, but no less than the submission of monthly reports and a final report to CITY with the information requested by and in the format acceptable to CITY. Each monthly report is due within thirty (30) days of completion of work for each month. The final report is due within thirty (30) days afier the termination or expiration of this Agreement. (2) CITY will evaluate SUBRECIPIENT's management and operation of said program with respect to the project expectations as described in Exhibit A. (3) CITY will review the audit of the SUBRECIPIENT to ensure that grant funds are used for authorized purposes in compliance with laws, regulations, and the provisions of contracts or grant agreements under this Agreement, including attachments and exhibits.
(4) If action to correct any substandard performance is not taken by the SUBRECIPIENT within a reasonable period after being notified by CITY, suspension or termination procedures may be initiated by CITY.
(5) All performance shall be subject to review by the CITY or other regulatory agencies at all times. SUBRECIPIENT shall provide adequate cooperation to any inspector or other CITY representative to permit the same to determine SUBRECIPIENT's conformity with the terms of this Agreement. If any services performed by SUBRECIPIENT are not in conformance with the terms of this Agreement, the CITY shall have the right to require SUBRECIPIENT to perform the services in conformance with the terms of the Agreement at no additional cost. The CITY' may also terminate this Agreement for default and charge SUBRECIPIENT for any costs incurred by the CITY because of SUBRECIPIENT's failure to perform.
(6) SUBRECIPIENT shall establish adequate procedures for self-monitoring and quality control and assurance to ensure proper performance under this Agreement; and shall permit a CITY representative or other regulatory official to monitor, assess, or evaluate SUBRECIPIENT's performance under this Agreement at any time, upon reasonable notice to SUBRECIPIENT.

G. Audit.
315
(1) SUBRECIPIENT shall maintain complete and accurate records and supporting documentation to facilitate financial and/or program audits by CITY'. This requirement shall apply to any records and documentation CITY shall reasonably require or as required to be maintained pursuant to the ARPA regulations. (2) The books and accounts, files, and other records of SUBRECIPIENT, which are applicable to this Agreement, shall be available for inspection, review, and audit during normal business hours by CITY' to determine the proper application and use of all ARPA SLFRF Funds provided to or for the account or benefit of SUBRECIPIENT. (3) SUBRECIPIENT assumes responsibility for reimbursement to CITY a sum of money equivalent to the amount of any expenditures disallowed should the CITY, or an authorized agency, rule through audit, exception, or some other appropriate means, that expenditures from funds allocated to SUBRECIPIENT for direct and/or administrative costs were not made in compliance with the applicable cost principles, regulations, or the provisions of this Agreement.
(4) SUBRECIPIENT agrees to comply with the requirements of OMB Uniform Guidance 2 CFR Part 200. SUBRECIPIENT further agrees to provide CITY with a copy of completed independent auditors' repof within thirty (30) days of CITY's request for such report. If the report contains instances of non-compliance with federal laws and regulations that bear directly on the performance or administration of this Agreement, SUBRECIPIENT shall provide CITY" copies of responses to auditors' reports, a plan for corrective action, and auditors' response that the noncompliance has been resolved. All reports prepared in accord with the requirements of OMB Uniform Guidance 2 CFR Part 200 shall be available for inspection by representatives of CITY or the federal government during normal business hours.
(5) All accounting records, reports, and evidence pertaining to all costs, expenses and the ARPA SLFRF Funds of SUBRECIPIENT and all documents related to this Agreement shall be maintained and kept available at SUBRECIPIENT'S office or place of business for the duration of the Agreement and thereafter for five (5) years from the date of final payment under this Agreement. Records which relate to: (a) complaints, claims, administrative proceedings or litigation arising out of the performance of this Agreement; or, (b) costs and expenses of this Agreement to which CITY or any other governmental agency takes exception, shall be retained beyond the five (5) years until complete resolution or disposition of such appeals, litigation claims, or exceptions. In the event SUBRECIPIENT does not make the above-referenced documents available within the City of South Gate, California, SUBRECIPIENT agrees to pay all necessary and 316
reasonable expenses incurred by CITY in conducting any audit at the location where said records and books of account are maintained.

H. Ownership/Use of Materials. SUBRECIPIENT agrees that all materials, reports or products in any form, including electronic, created by SUBRECIPIENT for which SUBRECIPIENT has been compensated pursuant to this Agreement shall be the sole property of the CITY, except any files which may be deemed confidential/protected by State and federal regulations and/or statues relating to educational records of the participants in the tutoring program. SUBRECIPIENT shall notify the CITY in a timely fashion of any such materials requested are confidential/protected and provide a(l documentation supporting such claims to the City Attorney's Office for review. The material, reports, or products not deemed confidential/protected may be used by the CITY for any purpose that the CITY deems to be appropriate, including, but not limit to, duplication and/or distribution within the CITY or to third parties. SUBRECIPIENT agrees not to release or circulate in whole or part such materials, reports, or products without prior written authorization of the CITY.

1. Close-Out. SUBRECIPIENTagreestocomplywiththecloseoutprocedures detailed in 2 CFR §200.343, including the following:
(1 ) SUBRECIPIENT must submit, no later than ninety (90) calendar days after the end date of the period of performance, all financial, performance, and other reports as required by the terms and conditions of this Agreement; (2) SUBRECIPIENT must promptly refund any balances of unobligated cash that the CITY paid in advance or paid and that is not authorized to be retained by SUBRECIPIENT for use in other projects (See OMB Circular A-129 and 2 CFR §200.345); and,
(3) CITY should complete all closeout actions for the Federal award no later than one year afier receipt and acceptance of all required final reports.

II. SUBRECIPIENT'S OBLIGATIONS
A. Representations and Warranties.
317
(1 ) Authority. SUBRECIPIENT is a duly organized and existing domestic nonprofit corporation in good standing and authorized to do business under the laws of the State of California. SUBRECIPIENT has full right, power and lawful authority to accept the funding hereunder and to undertake all obligations as provided herein and the execution, performance and delivery of this Agreement by SUBRECIPIENT has been fully authorized by all requisite actions on the part of SUBRECIPIENT. (2)Experience. SUBRECIPIENT is qualified to provide the administrator services for said program detailed herein. (3) Familiarity With gervices Required. By executing this Agreement, SUBRECIPIENT warrants that: (i) it has thoroughly investigated and considered the administrator services to be performed and provided for said program as detailed in Exhibit A; (ii) it has carefully considered how the services should be performed; and, (iii) it fully understands the facilities, difficulties and restrictions attending performance of the services under this Agreement.
(4)No Conflict. To the best of SUBRECIPIENT'S knowledge, SUBRECIPIENT'S execution, delivery and performance of its obligations under this Agreement will not constitute a default or a breach under any contract, agreement or order to which SUBRECIPIENT is a party or by which it is bound. (5) No Bankruptcy. SUBRECIPIENT is not the subject of any current or threatened bankruptcy proceeding.
(6) No Pending Legal Proceedings. SUBRECIPIENT is not the subject of a current or threatened litigation that would or may materially affect SUBRECIPIENT'S performance under this Agreement.
(7) Proposal Veracity. All provisions of and information provided in SUBRECIPIENT's proposal submitted to CITY, including any exhibits, are true and correct in all material respects.
(8) No Pending Investigation. SUBRECIPIENT has no knowledge that it is the subject of any current or threatened criminal or civil action investigation by any public agency, including without limitation a police agency or prosecuting authority, which would relate to or affect performance of the Agreement or provision of services hereunder. 318
B. SUBRECIPIENT agrees to obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing its operations. SUBRECIPIENT shall ensure that its staff shall also obtain and maintain all required licenses, registrations, accreditation and inspections from all agencies governing SUBRECIPIENT's operations hereunder. Such licensing requirements include obtaining a City business license, as applicable.

C. SUBRECIPIENT agrees that any facility/property used in furtherance of said program shall be specifically zoned and permitted for such use(s) and activities.

Should SUBRECIPIENT fail to have the required land entitlement and/or permits, thus violating any local, state or federal rules and regulations relating thereto, SUBRECIPIENT shall immediately make good-faith efforts to gain compliance with local, state or federal rules and regulations following written notification of said violation(s) from the CITY or other authorized citing agency. SUBRECIPIENT shall notify CITY' immediately of any pending violations. FailuretonotifyCITYofpendingviolations,ortoremedysuchknownviolation(s) shall result in termination of grant funding hereunder. SUBRECIPIENT must make all corrections required to bring the facility/property into compliance with the law within sixty (60) days of notification of the violation(s); failure to gain compliance within such time shall result in termination of grant funding hereunder.

D. Separation of Accounts. All funds received by SUBRECIPIENT from CITY pursuant to this Agreement shall be maintained in an account in a federally insured banking or savings and loan institution with record keeping of such accounts maintained pursuant to applicable 2 CFR 200.302 requirements. SUBRECIPIENT is not required to maintain separate depository accounts for ARPA SLFRF Funds; provided however, the SUBRECIPIENT must be able to account for receipt, obligation, distribution and expenditure of ARPA SLFRF Funds pursuant to applicable 2 CFR 200.302 requirements.

E. Audit Report Requirements. SUBRECIPIENT agrees that if SUBRECIPIENT expends Seven Hundred Fiffy Thousand Dollars ($750,000) or more in federal funds, SUBRECIPIENT shall have an annual audit conducted by a certified public accountant in accordance with the standards as set forth and published by the United States Office of Management and Budget. SUBRECIPIENT shall provide CITY' with a copy of said audit by April 1 of the year following the program year in which this Agreement is executed.

F. Compliance with Law/Proqram Income. SUBRECIPIENT acknowledges that the funds being provided by CITY for said program are received by CITY' pursuant to ARPA, and that distribution and expenditure of these ARPA SLFRF Funds shall be in accordance with ARPA and all pertinent regulations issued by agencies of the federal government, 319
including, but not limited to, all regulations found at Title 24 of the Code of Federal Regulations. Any program income received by SUBRECIPIENT shall be returned to CITY', unless otherwise provided for in this Agreement. SUBRECIPIENT agrees to comply Fully with all federal, state and local laws and court orders applicable to its operation and administration of said program, whether or not referred to in this Agreement.

G. Debarment. To protect the public interest and ensure the integrity of Federal programs, CITY may only conduct business with responsible persons and may not make any award or permit any award to any party which is debarred or suspended or is otherwise excluded from or ineligible for participation in Federal assistance programs under Executive Order 12549, "Debarment and Suspension". See also 24 CFR 570.609.

SUBRECIPIENT must review and sign Exhibit B "Debarment", which is attached hereto and incorporated herein by this reference. SUBRECIPIENT shall be in good standing, without suspension by the California Secretary of State, Franchise Tax Board or Internal Revenue Service. Any change in the corporate status or suspension of SUBRECIPIENT shall be reported immediately to CITY".

H. Confidentiality. Without prejudice to any other provisions of this Agreement, SUBRECIPIENT shall, where applicable, maintain the confidential nature of information provided to it concerning participants in accordance with the requirements of federal and statelaw. However,SUBRECIPIENTshallsubmittoCITYoritsrepresentatives,allrecords requested, including audit, examinations, monitoring and verifications of reports submitted by SUBRECIPIENT, costs incurred and services rendered hereunder provided records request complies with HIPAA compliance.

HIPAA Compliance. If this Contract involves services, activities or products subject to the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the SUBRECIPIENT covenants that it will appropriately safeguard Protected Health Information (defined in 45 CFR 160.103), and agrees that it is subject to, and shall comply with, the provisions of 45 CFR 164 Subpart E regarding use and disclosure of Protected Health Information.

1. Independent Contractor. SUBRECIPIENT agrees that the performance of obligations hereunder is rendered in its capacity as an independent contractor and that it is in no way an agent of CITY.

J. Violation of Terms and Conditions. SUBRECIPIENT agrees that if SUBRECIPIENT violates any of the terms and conditions of this Agreement or any prior Agreement whereby ARPA SLFRF Funds were received by SUBRECIPIENT, or if SUBRECIPIENT reports inaccurately, or if on audit there is a disallowance of certain expenditures, SUBRECIPIENT agrees to remedy the acts or omissions causing the disallowance and repay CITY' all amounts spent in violation thereof. If SUBRECIPIENT 320
engaged in fraudulent activity to obtain and/or justify distribution or expenditure of the ARPA SLFRF Funds granted hereunder, SUBRECIPIENT shall be required to reimburse the CITY of all such funds that were obtained, distributed and/or spent under fraudulent circumstances
K. Fraud. SUBRECIPIENT shall immediately report all suspected or known instances and facts concerning possible fraud, abuse or criminal activity related to said program for the ARPA SLFRF Funds under this Agreement.

L. Prohibited Use. SUBRECIPIENT hereby certifies and agrees that it will not use ARPA SLFRF Funds provided through this Agreement to pay for entertainment, meals or giffs, or other prohibited uses.

M. . SUBRECIPIENT certifies that it will comply with federal law (31 u.s.c. 1352) and regulations found at 24 CFR Part 87, which provide that no appropriated funds may be expended by the recipient of a federal contract, grant, loan or cooperative agreement to pay any person for influencing or attempting to influence an officer or employee of any agency, Member of Congress, or an officer or employee of a Member of Congress in connection with awarding of any federal contract, the making of any federal grant or loan, entering into any cooperative agreement and the extension, renewal, amendment or modification of any federal contract, grant, loan or cooperative agreement.

SUBRECIPIENT shall sign a certification to that effect in a form as set forth in Exhibit C, attached hereto and by this reference incorporated herein. SUBRECIPIENT shall submit said signed certification to CITY prior to performing any of its obligations under this Agreement and prior to any obligation arising on the part of CITY' to pay any sums to SUBRECIPIENT under the terms and conditions of this Agreement.

If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit a "Disclosure Form to Report Lobbying," in accordance with its instructions (Exhibit C).

N. Financial Interest. SUBRECIPIENT agrees that except for the use of administrative fees to pay salaries and other related administrative or personnel costs, no persons who exercise or have exercised any function with respect to administering said program under the terms of this Agreement, or who are in a position to participate in a 321
decision-making process or gain inside information with regard to the administration of said program, may obtain a financial interest or benefit from said program, either for themselves or those with whom they have family or business ties, during their tenure or for one year thereaffer. This prohibition applies to any person who is an employee, agent, consultant, officer, or elected or appointed official of CITY, or of any designated public agency, or the SUBRECIPIENT.

0. Labor Standards. The SUBRECIPIENT agrees to comply with the requirements of the Secretary of Labor in accordance with the Davis-Bacon Act as amended, the provisions of Contract Work Hours and Safety Standards Act (40 u.s.c. 327 et seq.) and all other applicable Federal, state and local laws and regulations pertaining to labor standards insofar as those acts apply to the performance of this Agreement. The SUBRECIPIENT agrees to comply with the Copeland Anti-Kick Back Act (18 u.s.c. 874 et seq.) and its implementing regulations of the u.s. Department of Labor at 29 CFR Part 5. The SUBRECIPIENT shall maintain documentation that demonstrates compliance with hour and wage requirements of this part. Such documentation shall be made available to the CITY for review upon request.

P. Equal Employment Opportunities. SUBRECIPIENT shall make every effort to ensure that all projects funded wholly or in part by ARPA SLFRF Funds shall provide equal employment opportunities for minorities and women.

Q. Women and Minority-Owned Businesses (W/MBE). SUBRECIPIENT will use its best efforts to afford small businesses, minority business enterprises, and women's business enterprises the maximum practicable opportunity to participate in the performance of this Agreement in accordance with the requirements of 2 CFR 200.321 "Contracting with small and minority businesses, women's business enterprises, and labor surplus area firms". As used in this Agreement, the term "small business" means a business'that meets the criteria set forth in section 3(a) of the Small Business Act, as amended (15 u.s.c. 632), and "minority and women's business enterprise" means a business at least fifty-one percent (51%) owned and controlled by minority group members or women. For the purpose of this definition, "minority group members" are African-Americans, Spanish-speaking, Spanish surnamed or Spanish-heritage Americans, Asian-Americans, and American Indians. SUBRECIPIENT may rely on written representations by businesses regarding their status as minority and female business enterprises in lieu of an independent investigation.

R. Druq Free Workplace. SUBRECIPIENT agrees to provide a drug-free workplace and to execute a certification as set forth in Exhibit D attached hereto and incorporated herein by this reference.

S. Uniform Administrative Requirements, Cost Principles, and Audit Requirements for Federal Awards. The following requirements and standards must be 322
complied with: 2 CFR Part 200 et al. SUBRECIPIENT shall procure all materials, property, or services in accordance with the requirements of 2 CFR 200.318-326.

Ill. CITI'S OBLIGATIONS
A. Audit of Account. CITY shall include an audit of the account maintained by SUBRECIPIENT in CITY's audit of all ARPA SLFRF Funds in accordance with Title 24 of the Code of Federal Regulations and other applicable federal laws and regulations.

B. Common Rule: Pursuant to 2 CFR 200.328(a), the CITY manages the day- to-day operations of each grant and subgrant supported activities. CITY staff has detailed knowledge of the grant program requirements and monitors grant and subgrant supported activities to assure compliance with federal requirements. Such monitoring covers each program, function and activity and performance goals are reviewed periodically.

C. Project Expectations: CITY shall monitor the performance of SUBRECIPIENT against goals and performance standards required herein. The SUBRECIPIENT shall be responsible to accomplish the project expectations as set forth in Exhibit A, and report such results to the CITY. If the SUBRECIPIENT estimates such goals will not be met, the SUBRECIPIENT is to contact the CITY, at which time the CITY will determine if any adjustments to the grant award is appropriate. Substandard performance as determined by the CITY will constitute non-compliance with this Agreement. Should the CITY determine that the SUBRECIPIENT has not performed its obligations as stated in this contract in a satisfactory manner, or if the CITY determines that insufficient supporting information has been submitted, the CITY shall notify the SUBRECIPIENT in writing of its determination specifying in full detail the objections that it has to the SUBRECIPIENT's performance. If action to correct such substandard performance is not taken by the SUBRECIPIENT after being notified by the CITY, within a reasonable period of time as stipulated in the written notification, contract suspension or termination procedures will be initiated.

IV. GENERAL PROVISIONS
A. Non-Discrimination.

1. SUBRECIPIENT agrees to comply with Executive Order 11246, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of race, religion, sex, color or national origin. Such action shall include, but not be limited to the following:
employment, upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be 323
provided by the SUBRECIPIENT setting forth the provisions of this nondiscrimination clause.

2. SUBRECIPIENT agrees to comply with Title Vl of the Civil Rights Act of 1964, which indicates that no person shall, on the ground or race, color or national origin, be excluded from participation in, be denied the benefits of, or be subject to discrimination under any program of activity receiving federal financial assistance.

3. No person shall, on the grounds of race, sex, creed, color, religion, marital status, national origin, age, sexual orientation, or physical or mental handicap be excluded from participation in, be refused the benefits of, or otherwise be subject to discrimination in any activities, programs or employment supported by this Agreement. SUBRECIPIENT is prohibited from discrimination on the basis of age or with respect to an otherwise qualified handicapped person as provided for under Section 109 of the Housing and Community Development Act of 1974, as amended.

4. SUBRECIPIENTagreestocomplywiththeAgeDiscriminationActof1975, which requires that during the performance of this Agreement, SUBRECIPIENT agrees not to discriminate against any employee or applicant for employment because of age. Such action shall include, but not be limited to the following: employment upgrading, demotion, or transfer, rates of pay or other forms of compensation, and selection for training, including apprenticeship. SUBRECIPIENT agrees to post in conspicuous places, available to employees and applicants for employment, notices to be provided by the SUBRECIPIENT setting forth the provisions of this age discrimination clause.

5. SUBRECIPIENT agrees to comply with Section 504 of the Rehabilitation Act of 1973, which requires that no otherwise qualified individual with a disability in the United States, shall, solely by reason of his or her disability, be excluded from the participation in, be denied the benefits of, or be subjected to discrimination under any program or activity receiving federal financial assistance or under any program or activity conducted by any executive agency or by the United States Postal Service.

B. Conflict oflnterest. Pursuant to the conflict of interest requirements set forth in 24 CFR 570.611 and 2 CFR 200.112, SUBRECIPIENT certifies that no member, officer, employee, agent or assignee of CITY" having direct or indirect control of any ARPA SLFRF Funds granted to the CITY, inclusive of the subject ARPA SLFRF Funds, shall serve as an officer of SUBRECIPIENT. Further, any conflict or potential conflict or interest of any officer of SUBRECIPIENT shall be fully disclosed in writing prior to the execution of this Agreement 324
and said writing shall be attached and deemed fully incorporated as a part hereof. Notice shall be sent by SUBRECIPIENT to CITY regarding any changes or modifications to its board of directors and list of officers.

C. Special Certification for Reliqious Entities. If SUBRECIPIENT is a religious entity, SUBRECIPIENT hereby agrees that in connection with the provision of the services SUBRECIPIENT shall provide with ARPA SLFRF Funds, in accordance with 24 CFR 570.200(j):

1. SUBRECIPIENT shall not discriminate against any employee or applicant for employment on the basis of religion and shall not limit employment or give preference in employment to persons on the basis of religion.

2. SUBRECIPIENTshallnotdiscriminateagainstanypersonapplyingforthe services SUBRECIPIENT agrees to provide under the terms of this Agreement on the basis of religion and shall not limit such services or give preference to applicants for such services on the basis of religion.

3. SUBRECIPIENT shall NOT provide religious instruction or counseling, conduct any religious worship or services, or engage in any religious proselytizing, or exert any religious influence in the provision of the services in said program. The parties agree that this covenant is intended to and shall be construed for the limited purpose of assuring compliance with respect to the use of CITY funds by SUBRECIPIENT with applicable constitutional limitations respecting the establishment of religion as set forth in the establishment clause under the First Amendment of the United States Constitution and Article I, Section 4 of the California Constitution, and is not in any mannerintended to restrict other activities of SUBRECIPIENT.

4. The portion of a facility used to provide public services assisted in whole or in part under this Agreement shall contain no sectarian or religious symbols.

5. Where the services to be provided under said program are rendered on property owned by the primarily religious entity SUBRECIPIENT, ARPA SLFRF Funds may also be used for minor repairs to such property, which are directly related to the cost of rendering the services under said program, where the cost constitutes in dollar terms only an incidental portion of the ARPA expenditure for rendering the services under said program.
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D. Prohibition of Nepotism. SUBRECIPIENT agrees not to hire or permit the hiring of any person to fill a position funded through this Agreement if a member of that person's immediate family is employed in an administrative capacity by SUBRECIPIENT.

For the purposes of this section, the term "immediate family" means spouse, child, mother, father, brother, sister, brother-in-law, sister-in-law, father-in-law, mother-in-law, son-in-law, daughter-in-law, aunt, uncle, niece, nephew, stepparent and stepchild. The term "administrative capacity" means having selection, hiring, supervisor or management responsibilities.

E. Notices. Notices to the parties shall, unless otherwise requested in writing, be sent by u.s. Mail, postage prepaid, and addressed as follows:

TO CITY: City of South Gate
Chris Jeffers
City Manager
8650 California Avenue
South Gate, CA 90280
TO SUBRECIPIENT: Southeast Community Foundation
Eddie Tafoya
Executive Director
5211 E. Washington Blvd., Suite 2170
Commerce, CA 90040
F. Assiqnability. None of the duties of, or work to be performed by, SUBRECIPIENT underthis Agreement shall be subcontracted or assigned to any agency, consultant, or person without the prior written consent of CITY. SUBRECIPIENT must submit all subcontracts and other agreements that relate to this Agreement to CITY. No subcontract or assignment shall terminate or alter the legal obligations of SUBRECIPIENT pursuant to this Agreement.
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G. lndemnification/Hold Harmless. SUBRECIPIENT shall indemnify, hold harmless and defend Grantee (with legal counsel selected by Grantee) and its authorized officers, employees, agents and volunteers from any and all claims, actions, losses, damages, and/or liability arising from SUBRECIPIENT acts, errors or omissions and for any costs or expenses incurred by Grantee on account of any claim therefore, except where such indemnification is prohibited by law. SUBRECIPIENT shall promptly notify Grantee in writing of the occurrence of any such claims, actions, losses, damages, and/or liability. SUBRECIPIENT shall indemnify and hold harmless Grantee against any liability, claims, losses, demands, and actions incurred by Grantee as a result of the determination by HUD or its successor that activities undertaken by SUBRECIPIENT under the program(s) fail to comply with any laws, regulations or policies applicable thereto or that any funds billed by and disbursed to SUBRECIPIENT under this Agreement were improperly expended.

H, Insurance. Without in any way affecting the indemnity herein provided and in addition thereto, SUBRECIPIENT shall secure and maintain throughout the Agreement the following types of insurance with limits as shown:
'1. Workers' Compensation - A program of Worker's Compensation insurance or a State-approved Self Insurance Program in an amount and form to meet all applicable requirements of the Labor Code of the State of California, including Employer's Liability with $250,000 limits, covering all persons providing services on behalf of SUBRECIPIENT and all risks to such persons under this Agreement.

2. Commercial General and Automobile Liability Insurance - This coverage to include contractual coverage and automobile liability coverage for owned, hired, and non-owned vehicles. The policy shall have combined single limits for bodily injury and property damage of not less than one million ($I,000,000) dollars.

3. Additional Named Insurance - All policies, shall contain additional endorsements naming Grantee and its officers, employees, agents, and volunteers as additional named insured with respect to liabilities arising out of the performance of services hereunder.

4. Policies Primary and Non-Contributory - All policies required above are to be primary and non-contributory with any insurance or self-insurance programs carried or administered by Grantee.
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5. Proof of Coveraqe SUBRECIPIENT shall immediately furnish certificates of insurance to Grantee evidencing the insurance coverage, including endorsements, above required prior to the commencement of performance of services hereunder, which shall provide that such insurance shall not be terminated or expire without thirty (30) days written notice to Grantee, and SUBRECIPIENT shall maintain such insurance from the time SUBRECIPIENT commences performance of services hereunder until the completion of such services. Within sixty (60) days of the commencement of this Agreement, SUBRECIPIENT shall furnish to Grantee certified copies of the policies and all endorsements. SUBRECIPIENT shall complete and submit, Insurance Inventory, along with the above required insurance documents.

6. Insurance Review - The above insurance requirements are subject to periodic review by Grantee. Grantee's Risk Manager is authorized, but not required, to reduce or waive any of the above insurance requirements whenever the Risk Manager determines that any of the above insurance is not available, is unreasonably priced, or is not needed to protect the interests or Grantee. In addition, if the Risk Manager determines that heretofore unreasonably priced or unavailable types of insurance coverage or coverage limits become reasonably priced or available, the Risk Manager is authorized, but not required, to change the above insurance requirements, to require additional types of insurance coverage or higher coverage limits, provided that any such change is reasonable in light of past claims against Grantee, inflation, or any other item reasonably related to the Grantee's risk.

7. AnysuchreductionorwaiverfortheentiretermoftheAgreement and any change requiring additional types of insurance coverage or higher coverage limits must be made by amendment to this Agreement. SUBRECIPIENT agrees to execute any such amendment within thirty (30) days of receipt.

1. Termination.

1. This Agreement may be terminated on thirty (30) days' written notice by either party. In the event of such termination, SUBRECIPIENT shall only be entitled to reimbursement for approved expenses incurred to the effective date of termination.

2. This Agreement may be suspended or terminated by CITY upon five (5) days' written notice for violation by SUBRECIPIENT of Federal Laws governing the use of ARPASLFRFFunds. Intheeventofsuchsuspensionortermination,SUBRECIPlENTshall only be entitled to reimbursement for approved expenses incurred up to the effective date of suspension or termination.
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3. Pursuant to 2 CFR 200.340, in the event SUBRECIPIENT defaults by failing to fulfill all or any of its obligations hereunder, CITY' may declare a default and termination of this Agreement by written notice to SUBRECIPIENT, which default and termination shall be effective on a date stated in the notice which is to be not less than ten (10) days after certified mailing or personal service of such notice, unless such default is cured before the effective date of termination stated in such notice. If terminated for cause, CITY shall be relieved of further liability or responsibility under this Agreement, or as a result of the termination thereof, including the payment of money, except for payment for approved expenses incurred for services satisfactorily and timely performed prior to the mailing or service of the notice of termination, and except for reimbursement of: (1 ) any payments made for services not subsequently performed in a timely and satisfactory manner; and, (2) costs incurred by CITY' in obtaining substitute performance.

4. The grant of funds under this Agreement may be terminated for convenience by either the CITY' or SUBRECIPIENT, in whole or in part, by setting forth the reasons for such termination, the effective date, and, in the case of portion termination, their portion to be terminated. However, if in the case of a partial termination, the CITY determines that the remaining portion of the award will not accomplish the purpose forwhich the award was made, the CITY' may terminate the award in its entirety.

5. The grant of funds under this Agreement may be terminated due to the non-performance of SUBRECIPIENT and/or failure of SUBRECIPENT to perform the work described in Exhibit A.

6. The grant of funds under this Agreement may be terminated due to the failure of the CITY to receive sufficient or anticipated funding for the ARPA program for any term subject to this Agreement.

7. In the event this Agreement is terminated as set forth in subparagraphs l(1) through 1(6), inclusive, SUBRECIPIENT agrees to immediately return to CITY' upon CITY's demand and prior to any adjudication of SUBRECIPIENT's rights, any and all funds not used, and to comply with the Reversion of Assets requirements in this Agreement.

J. Limitation of Funds. The United States of America may in the future place programmatic or fiscal limitations on the use of ARPA SLFRF Funds, which limitations are not presently anticipated. Accordingly, CITY" reserves the right to revise this Agreement in order to take account of actions affecting ARPA program funding. In the event of funding reduction, CITY' may, in its sole and absolute discretion, reduce the budget of this 20329
Agreement, may limit the rate of SUBRECIPIENT's authority to utilize funds, or may restrict SUBRECIPIENT's use of uncommitted funds. Where CITY has been directed to implement a reduction in funding, with respect to funding for this Agreement, CITY"s City Manager or delegate is authorized to act for CITY in implementing and effecting such a reduction and in revising, modifying, or amending the Agreement for such purposes. If such a reduction in funding occurs, SUBRECIPIENT shall be permitted to de-scope accordingly. Where CITY has reasonable grounds to question SUBRECIPIENT's fiscal accountability or compliance with this Agreement, CITY may suspend the operation of this Agreement for up to sixty (60) days upon five (5) days written notice to SUBRECIPIENT of its intention to so act, pending an audit or other resolution of such questions. In no event, however, shall any revisions made by CITY affect expenditures and legally binding commitments made by SUBRECIPIENT before it received notice of such revision, provided that such amounts have been committed in good faith and are otherwise allowable and that such commitments are consistent with ARPA SLFRF Funds withdrawal guidelines.

K. Exclusivity and Amendment of Aqreement. This Agreement supersedes any and all other agreements, either oral or in writing, between the parties hereto with respect to the use of CITY's ARPA SLFRF Funds by SUBRECIPIENT and contains all the covenants and agreements between the parties with respect to SUBRECIPIIENT's administration of said program. Each party to this Agreement acknowledges that no representations, inducements, promises or agreements, orally or otherwise, have been made by any party, or anyone acting on behalf of any party, which are not embodied herein, and that no other agreement or amendment hereto shall be effective unless executed in writing and signed by both CITY and SUBRECIPIENT.

L. Laws Governinq this Aqreement. This Agreement shall be governed by and construed in accordance with the laws of the State of California, and all applicable federal laws and regulations.

M. Validity and Severability. The invalidity in whole or in part of any provision or this Agreement shall not void or affect the validity of any other provision of this Agreement.

Whenever possible, each provision of this AGREEMENT shall be interpreted in such manner as to be effective and valid under applicable law, but if any provision of this AGREEMENT is held to be prohibited by or invalid under applicable law, such provision shall be ineffective only to the extent of such prohibition or invalidity, without invalidating the remainder of such provisions of this AGREEMENT.

N. Waiver. No delay or omission by either party hereto to exercise any right or power accruing upon any noncompliance or default by the other party with respect to any 330
of the terms of this Agreement,shall impair any such right or power or be construed to be a waiver thereof. A waiver by either of the parties hereto of any of the covenants, conditions, or agreements to be performed by the other shall not be construed to be a waiver of any succeeding breach thereof or of any other covenant, condition or agreement herein contained.

0. Miscellaneous Provisions.

1. Each undersigned represents and warrants that its signature herein below has the power, authority and right to bind their respective parties to each of the terms of this Agreement, and shall indemnify CITY fully, including reasonable costs and attorney's fees, For any injuries or damages to CITY in the event that such authority or power is not, in fact, held by the signatory or is withdrawn.

2. All Exhibits and Attachments referenced herein and attached hereto shall be incorporated as if fully set forth in the body of this Agreement.

3. This Agreement must be signed below and may be signed in counterpart and delivered by fax, email as a PDF (Portable Document Format) file attachment, or by other means that displays the original or a copy of the signatures. Any subsequent amendments may be signed and delivered in the same manner. {Signatures on following page}
22331
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the date and year first written above.

CITY OF SOUTH GATE:

By:

Maria del Pilar Avalos, Mayor
Dated:

ATTEST:

BY:

Yodit Glaze, City Clerk
(SEAL)

APPROVED AS TO FORM
R ul F. Salinas, City Attorney
SOUTHEAST COMMUNITY FOUNDATION:

BY:

Dated:
23332
Exhibit A - Scope of Services
24333
Exhibit B DEBARMENT
Certification Regarding
Debarment, Suspension, Ineligibility and Voluntary Exclusion Lower Tier Covered Transactions
This certification is required by the regulations implementing Executive Order 12549, Debarment and Suspension, 29 CFR Part 98, Section 98.510, Participants' responsibilities. The regulations were published as Part Vll of the May 26, 1988 Federal Register (pages I 91 60-'1921 I ). (BEFORE COMPLETING CERTIFICATION, READ INSTRUCTIONS FOR CERTIFICATION - Attached)
(1)The prospective recipient of federal assistance funds certifies, by submission of this proposal, that neither it nor its principals are presently debarred, suspended, proposed for debarment, declared ineligible, or voluntarily excluded from participation in this transaction by any federal department or agency.
(2) Where the prospective recipient or federal assistance funds is unable to certify to any of the statements in this certification, such prospective participant shall attach an explanation to this proposal.

Name and Title of Authorized Representative
Signature Date
25334

INSTRUCTIONS FOR CERTIFICATION

1. By signing and submitting this proposal, the prospective recipient of federal assistance funds is providing the certification as set out below.

2. The certification in this clause is a material representation of fact upon which reliance was placed when this transaction was entered into. If it is later determined that the prospective recipient or federal assistance Funds knowingly rendered an erroneous certification, in addition to other remedies available to the Federal Government, the Department of Labor (DOL) may pursue available remedies, including suspension and/or debarment.

3. The prospective recipient of federal assistance funds shall provide immediate written notice to the person to which this proposal is submitted if at any time the prospective recipient of federal assistance funds learns that its certification was erroneous when submitted or has become erroneous by reason of changed circumstances

4. The terms "covered transaction," "debarred," "suspended," "ineligible," "lower tier covered transaction," "participant," "person," "primary covered transaction," "principal," "proposal," and "voluntarily excluded," as used in this clause, have the meanings set out in the Definitions and Coverage sections of rules implementing Executive Order 12549. You may contact the person to which this proposal is submitted for assistance in obtaining a copy of those regulations.

5. The prospective recipient of federal assistance funds agrees by submitting this proposal that, should the proposed covered transaction be entered into, it shall not knowingly enter into any lower tier covered transaction with a person who is debarred, suspended, declared ineligible, or voluntarily excluded from participation in this covered transaction, unless authorized by the DOL.

6. The prospective recipient of federal assistance funds Further agrees by submitting this proposal that it will include the clause titled "Certification Regarding Debarment, Suspension, Ineligibility and voluntary 26335
exclusion - Lower Tier Covered Transactions," without modification, in all lower tier covered transactions and in all solicitations for lower tier covered transactions.

7. A participant in a covered transaction may rely upon a certification of a prospective participant in a lower tier covered transaction that it is not debarred, suspended, ineligible, or voluntarily excluded from the covered transaction, unless it knows that the certification is erroneous.

A participant may decide the method and frequency by which it determines the eligibility of its principals. Each participant may, but is not required to check the List of Parties Excluded from Procurement or Non-Procurement Programs.

8. Nothing contained in the foregoing shall be construed to require establishment of a system of records in order to render in good faith the certification required by this clause. The knowledge and information of a participant is not required to exceed that which is normally possessed by a prudent person in the ordinary course of business dealings.

9. Except for transactions authorized under paragraph 5 of these instructions, if a participant in a covered transaction knowingly enters into a lower tier covered transaction with a person who is suspended, debarred, ineligible, or voluntarily excluded from participation in this transaction, in addition to other remedies available to the Federal Government, the DOL may pursue available remedies, including suspension arid/or debarment.
27336
Exhibit C LOBBYING
Certification Regarding Lobbying
Certification for Contracts, Grants, Loans, and Cooperative Agreements The undersigned certifies, to the best of his or her knowledge and belief, that:
(1 ) No Federal appropriated 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 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 any Federal contract, the making of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contact, grant, loan or cooperative agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions. (3) The undersigned shall require that the language of this certification be included in the award documents for all subawards at all tiers (including subcontract, subgrants, and contracts under grants, loans, and cooperative agreements) and that all subrecipients shall certify and disclose accordingly.

This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by Section 1352, Title 31, U. S. Code.

Any person who fails to file the required certification shall be subject to a civil penalty of not less than $I0,000 and not more than $100,000 for each such failure.

Grantee/Contactor Organization Program Title
Name of Certifying Officer Signature Date
28337
SUBRECIPIENT warrants the following:

4. SUBRECIPIENTwillcomplywithPublicLaw88-352, Title Vl of the Civil Rights Act of 1964 (42 U. S. C. section 2000 et seq.) and implementing regulation in 24 CFR Part 1.

2. No person in the United States shall on the ground or race, color, religion, national origin, or sex, be excluded from participation in, or be denied the benefits of, or be subjected to discrimination under any program or activity Tunded in whole or in part with community development funds made available pursuant to the ACT.

3. All laborers and mechanics, employed by contractors or subcontractors in the performance of construction work financed in whole or in part with community development funds shall be paid wages at rates not less than those prevailing on similar construction in the locality as determined in accordance with the Davis-Bacon Act, as amended, 40 U. S. C. Sections 276 a 1-5, except for individuals who perform services for which they volunteered; do not receive compensation for such services; or are paid expenses, reasonable benefits, or a nominal fee for such services; and are not otherwise employed at any time in construction work.

4. SUBRECIPIENT will comply with all Federal statutes applicable to projects funded with community development finds, except that (a) SUBRECIPIENT does not assume CITY'S environmental responsibilities described at 24 CFR 570.604; and (b) SUBRECIPIENT does not assume CITY"S responsibility for initiating the review process under Executive Order 12372.
29338
Exhibit D - DRUG-FREE WORKPLACE
Certification Reqarding Drug-Free Workplace Requirements The certification set out below is a material representation upon which reliance is placed by the u.s. Department of Housing and Urban Development in awarding the grant. If it is later determined that the contractor knowingly rendered a false certification, or otherwise violates the requirements of the Drug-Free Workplace Act, the u.s. Department of Housing and Urban Development, in addition to any other remedies available to the Federal Government, may take action authorized under the Drug-Free Workplace Act.

CERTIFICATION
A. The contractor certifies that it will provide a drug-free workplace by:
(a) Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the contractor's workplace and specifying the actions that will be taken against employees for violation of such prohibition;
(b) Establishing a drug-free awareness program to inform employees about - (1 ) The dangers of drug abuse in the workplace;
(2) The contractor's policy or maintaining a drug-free workplace; (3) Any available drug counseling, rehabilitation, and employee assistance program; and (4) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace;
(c) Making it a requirement that each employee who will be engaged in the performance of the grant be given a copy of the statement required by paragraph (a); (d) Notifying the employee in the statement required by paragraph -(a) that, as a condition of employment under the contract, the employee will - (1 ) Abide by the terms of the statement; and
(2) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction. (e) Notifying the u.s. Department of Housing and Urban Development within ten days affer receiving notice under subparagraph (d)(2) from an employee or otherwise receiving actual notice of such conviction;
(f) Taking one of the following actions, within 30 days of receiving notice under subparagraph (d)(2), with respect to any employee who is so convicted - 30339
(1) Taking appropriate personnel action against such an employee, up to and including termination; or
(2) Requiring such employee to participate satisfactorily in a drug abuse assistance or rehabilitation program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency;
(g) Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs (a), (b), (c), (d), (e) and (f).

B. The contractor shall insert in the space provided on the attached "Place of Performance" form the site(s) for the performance of work to be carried out with the grant funds (including street address, city, county, state, and zip code).the contractor further certifies that, if it is subsequently determined that additional sites will be used for the performance of work under the contract, it shall notify the u.s. Department of Housing and Urban Development immediately upon the decision to use such additional sites by submitting a revised "Place of Performance" form.

Organization
Authorized Signature Date
340

PLACE OF PERFORMANCE FOR CERTIFICATION REGARDING DRUG-FREE

WORKPLACE REQUIREMENTS
Name:

Date:

The Contractor shall insert in the space provided below the site(s) expected to be used or the performance of work under the contract covered by the certification:

Place of Performance (include street address, city, county, state, zip code for each site):
32341

ATT ACHMENT B
i.a.i*'il
A
33342
34 "l a a i I ,
'ff
0 U N D-A T I O N
343
35344
Average tutoring hours by grade

20.0 tg.o

SOUTHEAST

COMMUNITY

FOUNDATION

18.0 16.0

14.0 12.0

10.0 PreK K 1 2 3 4 5 7 8 9
36345
flm SOUTHEAST
HowmuchdidstudentsprogressinEnglish? W-FoUNDATIoN
Average pre and post test results in English by grade, Fall 2022 600
500
445 443
390
373400
300
200
m a
220 2al2
258
207 210
253
Scores & grade level
0-99= Kinder level
1 00-1 9C 1 ' grade
2 00-299= 2"' grade
300-39C 3"' grade
4 00-499= 4'h grade
500-599= 5'h grade
600-699= 6'h grade
700-799= 7'h grade
800-899= 8'h grade K 1 2 3 4 5 7 8
37346
ffm SOUTHEAST
Howmuchdidstudentsprogressinmath? W-FoUNDATIoN
Average pre and post test results in math by grade, Fall 2022 600
500
390
400
Scores & grade level
0 -99= Kinder level
1 00-1 99= 1 ' grade
2 00-29C 2"d grade
300-399= 3" grade
4 00-49C 4" grade
500-599= 5'h grade
600-699: 6" grade
700-79C 7'h grade
800-899= 8'h grade
300
200
100
Pre
K
240
1 260 250 260 264
2 3
276
193
4 300
278 273
5 7
330
355
38347
flm SOUTHEAST

COMMUNITY
Howmanystudentsadvancedagradelevel? E-FoUNDATIoN
Pre and post grade levels, all grade levels, Fall 2022 100%
80%
60%
40'!/0
20%
Pre Level Post Level Pre Level Post Level
ELA Math
i Below grade level ffl At grade level s Above grade level 39348

COMMUNITY
Howmanystudentsadvancedagradelevel? x'ou"'o"
Grade level change at end of tutoring program, Fall 2022 100%
80%
60%
40%
20%
87o/o
ELA Maffi
i Decreased grade level s Same grade level a Increased grade level 40349
PROPOSAL: 2023 SOUTH GATE TUTORING PROGRAM

SCOPE OF WORK

A. BACKGROUND
We already know that the pandemic exacerbated existing inequities in American education, widening racial and economic gaps in learning. Recent test scores further indicate that the pandemic has negatively impacted the academic progress of many students. Studies have shown that the pandemic has left the country’s youth with increased emotional problems, social withdrawal, anxiety and depression. Moreover, research indicates that nearly two years of remote learning has set many students back in math and language skills.

The setbacks could have powerful consequences for a generation of children who must move beyond basics in elementary school to thrive later on.

Suggested solutions to address this learning loss — such as high-dosage tutoring — helps get students back on the right track. Over the summer and fall of 2022, through support and investment from the City of South Gate, the Southeast Community Foundation (SCF) was able to implement a pilot program and make tremendous strides with its resident youth by helping to bridge the education gap that existed due to almost two years of learning loss and the social emotional needs created by the pandemic. We have the data to back it all up.

With the continued support and investment from the City of South Gate, we can reach many more students and help curb learning loss, tracking and understanding the severity and impacts of learning loss, and then helping student youth get back on track at or above grade level.

B. PURPOSE
The purpose of continuing to expand this tutoring initiative is to provide free, high-quality, in-person high-dosage tutoring in the subject areas of English Language Arts and mathematics for ninety (90) underserved, at-risk student youth participating in spring and fall after-school programs, as well as a summer program, respectively, held at three (3) designated K-12 LAUSD and Aspire school sites within the City of South Gate, for a combined total of two-hundred seventy (270) students. The Southeast Community Foundation (SCF) remains as the primary tutoring provider, and will be offering these services in partnership with Innovate Public Schools (offering back-end administrative support and managing the collaborative project).

Funds are only to be utilized to prioritize and place underserved, at-risk City of South Gate residents and youth. SCF will follow the same process and determination of eligibility for participants in this tutoring program as it did in the summer and fall of 2022 by requesting that the student(s) served to show proof of residency. We do this by verifying that parent(s) provide a copy of a current utility bill and a current report card of the student(s).

350
2 C. DESCRIPTION OF SERVICES

Our high-impact academic enrichment tutoring program focuses on English Language Arts (reading and writing) and mathematics, providing each student with an individual assessment of their education level, an academic plan and 1:1 to small group tutoring to bring the students skills in line academically to grade level or above, meeting California Core Standards. It is the first and only fully-integrated approach in our region that improves any school's curriculum and instruction while it provides the right students with the right support at the right time. Our tutoring program utilizes tutors that are credentialed teachers who work closely with the child’s teachers and family. Our tutors must have a valid California teaching credential, must pass a background check, be fully vaccinated, get a TB test, and each receive thorough training for the program and compliance. SCF pays for all of these requirements.

Research shows that high-dosage tutoring is capable of doubling or even tripling what students learn in a year. Our tutoring programs have directly demonstrated significant gains in student learning through our tracking of student data and have characteristics that have proven to accelerate student learning.

Characteristics often include: substantial time each week of required tutoring, sustained and strong relationships between students and their trained tutors, close monitoring of student knowledge and skills, alignment with school curriculum, and support to tutors to assure quality interactions.

D. DELIVERABLES AND TIMELINE FOR SERVICES
Over 25 weeks, 3,600 hours of free, high-dosage, one-to-one or small group tutoring will be provided to 270 students in LAUSD and Aspire Public Schools located within the City of South Gate.

FEATURES OF SOUTH GATE’S TUTORING PROGRAM

1. 25 weeks of tutoring, over three (3) sessions:
a. Spring 2023: 10 weeks of tutoring (2x/week) for up to 90 students at 3 school sites (30 students per site)
b. Summer 2023: 5 weeks of tutoring (M-Th) for up to 90 students at 3 school sites (30 students per site)
c. Fall/Winter 2023: 10 weeks of tutoring (2x/week) for up to 90 students at 3 school sites (30 students per site)

2. Assign 5 tutors, per site, to tutor students in-person

3. Assign 1 site coordinator, per site, to serve as liaison to school and parents

4. Tutor to student ratios will be 1:1, up to 1:3

5. Each participating student receives 120 minutes of tutoring per week (see sample schedule below for potential breakdown)

351
3 KEY FEATURES OF SCF’S TUTORING PROGRAM MODEL THAT WILL BE INCORPORATED:

1. Tutors are certified, credentialed teachers

2. Students complete a pre- and post-diagnostic assessment in English and Mathematics

3. Tutors use results of diagnostic assessment to set academic goals and design lesson plans for tutoring sessions

4. Tutoring sessions are frequent (2-4 times per week) and consistent (student has the same tutor)

5. Grades served: Kindergarten through 12th grade

SCHEDULE FOR TUTORS

Monday Tuesday Wednesday Thursday Friday
Lesson Planning
2:30 - 3:30
Lesson Planning
2:30 - 3:30
Lesson Planning
2:30 - 3:30
Lesson Planning
2:30 - 3:30
Debrief w/
program manager
TBD - 1 hour
Tutoring Group 1
3:30 - 4:30
Tutoring Group 3
3:30 - 4:30
Tutoring Group 1
3:30 - 4:30
Tutoring Group 3
3:30 - 4:30
Transition Time Transition Time Transition Time Transition Time Tutoring Group 2
4:45 - 5:45
Tutoring Group 4
4:45 - 5:45
Tutoring Group 2
4:45 - 5:45
Tutoring Group 4
4:45 - 5:45
Documentation
5:45 - 6:00
Documentation
5:45 - 6:00
Documentation
5:45 - 6:00
Documentation
5:45 - 6:00

352
4 TIMELINE FOR PROGRAM AND SERVICES

Jan Feb Mar Apr May Jun July Aug
Recruitment

3 weeks
1/9 – 1/27

Training

1.5 weeks
2/20-28

Spring Session 6 weeks
/13 - 7/22

Evaluation Documentation

Recruitment

2 weeks
4/17-28

Summer Session 5 weeks
6/19 - 7/20

Evaluation Documentation

Aug Sep Oct Nov Dec
Recruitment

Training

Fall Session

Evaluation
Documentation

E. CONDITIONS OF WORK AND PLACE OF PERFORMANCE

All tutoring sessions will be traditional in-person and on-site at LAUSD and Aspire school sites or a combination thereof. During the Spring 2023 session, SCF will provide tutoring services at 3 LAUSD and/or Aspire after school program sites in South Gate. During the Summer 2023 session, SCF will again provide tutoring services at 3 LAUSD and/or Aspire school sites in South Gate, Monday through Thursday, in the morning until midday. It may be a combination of the two school sites. For the Fall/Winter 2023 session, tutoring sessions will be in person and on-site at 3 LAUSD and/or Aspire after school program sites. The specific sites have not yet been determined.

Students will be selected on a first come, first served basis and will be required to commit to the services for the entire 10 weeks in the Spring and Fall/Winter sessions, and 5 weeks in the Summer session.

Sessions will be mostly one-to-one, with an opportunity for some small group sessions (up to 3 students per tutor) based on student needs and assessments.

SCF will be the contracted partner with the City of South Gate, and fully responsible for meeting the terms and conditions of the agreement with the City. SCF will enter into subcontracts with the other partners for specific areas of support for this project. 10 weeks
3/13 – 5/25

4 weeks
8/14 – 9/8
2 weeks
10 weeks
9/11 – 11/16

353
5 G. BUDGET: ANTICIPATED COSTS

Equipment, Tutor Compensation, Insurance (start-up costs) – Spring 2023 Rate Quantity Laptops for tutors $350 10 $3,500.00
Laptops for students $250 15 $3,750.00
Compensation for tutors @$35.00/hour x 15 hours/week x 4 weeks = $2,100 $35 15 $31,500.00 Liability $60 270 $16,200.00
Start-Up Total Cost: $54,950.00

Compensation for Tutors - Spring 2023 Rate Tutors
Onboarding & End-of-Spring Evaluation efforts @$35.00/hour x 3 hours/day x 6 days $630.00 15 $9,450.00
Tutoring & Planning @$35.00/hour x 15 hours/week x 6 weeks $3,150.00 15 $47,250.00 Compensation for Tutors Total Cost: $56,700.00
Supervision of Tutors & Administrative Costs for Tutoring Organization - Spring 2023 Rate Quantity
Project Director (.40 FTE) allocated to program – Base Salary $4,350 x 3 months x .40 = $5,220 + fringe benefits (30% of salary) = $6,786 (One Project Director to oversee program and overall day-to-day operations, staff and tutors, and overall efficiency of program) $2,262.00 3 $6,786.00
Program Manager (.40 FTE) day-to-day operations – Base Salary $3,750 x 3 months x .40 = $4,500 + fringe benefits (30% of salary) = $5,850
(One Project Manager to train/oversee all tutors, curriculum, program standards and operations - reports to Project Director) $1,950.00 3 $5,850.00
Administrative Support Specialists @$20.00/hour x 15 hours/week x 10 weeks = $3,000 x 3
(One Administrative Support Specialist to assist at each school site with all administrative tasks and duties – 3 school sites) $3,000.00 3 $9,000.00
Compensation for Admin. Staff Total Cost: $21,636.00
Total Start-Up Costs, Spring Compensation for Tutors, Supervision and Administrative Staff:

Spring 2023
(3 Sites) Total: $133,286.00

Compensation for Tutors - Summer 2023 Rate Tutors
Onboarding & End-of-Summer Evaluation efforts @$35.00/hour x 3 $630.00 15 $9,450.00 354
6 hours/day x 6 days
Tutoring & Planning @$35.00/hour x 15 hours/week x 5 weeks $2,625.00 15 $39,375.00 Total Cost: $48,825.00
Supervision of Tutors & Administrative Costs for Tutoring Organization - Summer 2023 Rate Quantity
Project Director (.40 FTE) allocated to pilot program – Base Salary $4,350 x 2 months x .40 = $3,480 + fringe benefits (30% of salary) = $4,524
(One Project Director to oversee pilot project and overall day-to-day operations, staff and tutors, and overall efficiency of program) $2,262.00 2 $4,524.00
Program Manager (.40 FTE) day-to-day operations – Base Salary $3,750 x 2 months x .40 = $3,000 + fringe benefits (30% of salary) = $3,900
(One Project Manager to train/oversee all tutors, curriculum, pilot standards and operations - reports to Project Director) $1,950.00 2 $3,900.00
Administrative Support Specialists @$20.00/hour x 15 hours/week x 5 weeks = $1,500 x 3
(One Administrative Support Specialist to assist at each school site with all administrative tasks and duties – 3 school sites) $1,500.00 3 $4,500.00
Total Cost: $12,924.00
Total Summer Compensation for Tutors, Supervision and
Administrative Staff:

Summer
2023 (3
Sites)
Total: $61,749.00

Compensation for Tutors - Fall 2023 Rate Quantity
Onboarding & End-of-Fall Evaluation efforts @$35.00/hour x 3 hours/day x 6 days $630.00 15 $9,450.00
Tutoring & Planning @$35.00/hour x 15 hours/week x 10 weeks $5,250.00 15 $78,750.00 Total Cost: $88,200.00
Supervision of Tutors, Administrative Costs for Tutoring Organization - Fall 2023 Rate Quantity
Project Director (.40 FTE) allocated to program – Base Salary $4,350 x 3 months x .40 = $5,220 + fringe benefits (30% of salary) = $6,786 (One Project Director to oversee program and overall day-to-day $2,262.00 3 $6,786.00
355
7 operations, staff and tutors, and overall efficiency of program) Program Manager (.40 FTE) day-to-day operations – Base Salary $3,750 x 3 months x .40 = $4,500 + fringe benefits (30% of salary) = $5,850
(One Project Manager to train/oversee all tutors, curriculum, program standards and operations - reports to Project Director) $1,950.00 3 $5,850.00
Administrative Support Specialists @$20.00/hour x 15 hours/week x 10 weeks = $3,000 x 3
(One Administrative Support Specialist to assist at 3 school sites with all on-site administrative tasks and duties)
$3,000.00 3 $9,000.00
Total Cost: $21,636.00
Total Fall Compensation for Tutors, Supervision and Administrative Staff:

Fall 2023
(3 Sites) Total: $109,836.00

Onboarding (Background Check, TB Testing, First Aid/CPR, Mandated Reporting) – Spring, Summer and Fall 2023 Rate Quantity Live Scan $90.00 5 $450.00
TB Testing $50.00 5 $250.00
First Aid/CPR – 5 tutors x 1 site x $65.00 = $325 $65.00 5 $325.00 Trainer fee (Child Abuse Mandated Reporting, IXL software training, documentation protocols for tutoring program) $300/site x 3 sites = $900
$300.00 3 $900.00
Total Cost: $1,925.00
Software – Spring, Summer and Fall 2023
Curriculum & Software/License for Admin/Tutors/Students $1,500.00 3 $4,500.00 Total Cost: $4,500.00
Supplies & Printing – Spring, Summer and Fall 2023 Rate Quantity Printing $0.63 2,500 $1,575.00
Educational supplies - $500/month $500.00 8 $4,000.00
General office supplies - $350/month $350.00 8 $2,800.00 Snacks/Juices/Water for Students - $300/month $300.00 8 $2,400.00 356
8 Total Cost: $10,775.00
Marketing – Spring, Summer and Fall 2023
Social media: 6 ads x $100/ea $100 6 $600.00
Newspaper: 6 ads x $500/ea $500 6 $3,000.00
Total Cost: $3,600.00
Innovate Project Manager
Regional Project Manager (.25 FTE) allocated to program – Base Salary $6,667 x 9 months x .25 = $15,000 + fringe benefits (30% of salary) = $19,500
$19,500.00 1 $19,500.00
Total Cost: $19,500.00
Total Onboarding, Software, Supplies/Printing and Marketing + Innovate Project Manager:

Spring,
Summer &
Fall 2023
Total: $40,300.00

Spring + Summer + Fall Grand Total: $345,171.00

H. FUNDING SCHEDULE & START-UP COSTS

1. First payment of $54,950.00, will be provided within 10 days of the approved agreement signed by all parties, which is attributed to start-up costs associated with the program.

2. Payment of $20,000.00, will be provided by June 20, 2023, with an approved invoice for Summer tutoring, which is attributed to start-up costs associated with the program.

3. Payment of $20,000.00, will be provided by September 11, 2023, with an approved invoice for Fall tutoring, which is attributed to start-up costs associated with the program.

4. SCF will submit monthly invoices with documentation of expenses and data collected to date, as required in the agreement.

5. When SCF bills monthly invoice, it will be net of any start-up costs that were advanced.

6. Final payment of S20,000 would be withheld until SCF has submitted all required documentation, as required by the agreement.
357

CITYMANAGER'S OFFICE
MAR 16 2023
Item No. 10
Cil of South Gate

CITY COUNCIL

AGENDA BULL
For the Regular Meetirxg of: March 28, 2023
Originating Department: Pgj4y
DepartmentDirector: 'J - CityManager
akawa Chris :7;
SUBJECT: PURCHASEORDERFORONEOFF-ROADPOLICEVEHICLE.

PURPOSE: To approve the purchase of one police off-road vehicle.

RECOMMENDED ACTIONS: The City Council will consider:
a. Approving a Purchase Order Agreement with ATV Corp for the purchase of one Prowler C4XM police off-road utility vehicle for the Police Department, in the total amount of $50,340.15;
b. Appropriating $2,397.15 firom the Asset Forfeiture Fund to cover the full cost of the vehicle; and
c. Authorizing the Mayor to execute the Purchase Order in a form acceptable to the City Attorney.

FISCAL IMPACT: There is no fiscal impact to the General Fund. Funds in the amount of $47,943 were included in the Fiscal Year 2022/23 Municipal Budget in Account Number 235-570- 21-9003 (Asset Forfeiture Fund - Auto/Rolling Stock) for this vehicle. Because of cost increases from last year, additional funds in the amount of $2,397.15 will need to be appropriated from the Asset Forfeiture Fund.

ANALYSIS: This off-road vehicle will be used by police officers to patrol areas of the riverbed and railroad right-of-way that traditional police vehicles can't reach. It will enhance police presence in areas where violent crime has risen. It will also support police department efforts in homeless outreach and clean-ups in the above referenced areas. The vehicle comes equipped with emergency lights, a siren, and a PA system.

BACKGROUND: The Prowler off-road vehicle to be purchased is sold by ATV Corporation.

ATV Corporation is an authorized partner with Can Am/Bombardier Recreational Products and specializes in upfitting their All-Terrain Vehicles for use by Government and Law Enforcement agencies. ATV Corporation is the sole provider in the industry which upfits publicly available off- road vehicles in a maru'ier that makes them ideal for the heavy demand of Law Enforcement and Governrnent use. The vehicles come equipped with a light and siren package, a protective underbody skid plate and enhanced suspension components.

ATTACHMENTS: A. ATV Corp Quote #ATV230222
B. Warranty Documentation
C. ATV Corp. Sole Source Letter
358

ATT ACHMENT A
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570-A Centaaal Awe
Lake Elsinore, CA 92530-2741
Tel: (951)674-7777 Fa:x: (951)674-3200
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corp
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'Southgate Police Department
8620 California Ave
.Southgate, CA 90280
, Phi(323)833-9760
Sout6gate Police Departrnerit "
8620 California Ave
Southgate, CA 90280
Pm(323)833-9760
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ARO TERMS: Net 30 days W)1th approved credit
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Ultimate Performance Corporation