Agenda — St. Helena City Council, September 13, 2022 (part 3 of 4)

twelve thousand five hundred dollars ($212,500.00) if it determines the cost estimate of the city was reasonable. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.040)

3.04.240 Formal bidding procedures.

For those projects which qualify under Section 3.04.210(C) for formal bidding, the following procedures shall be used:

A. Adoption of Plans. Prior to soliciting bids, unless otherwise delegated by the city council to the public works director, the city council shall approve and adopt the plans, specifications and working details, and authorize the bid request for all public work projects in excess of two hundred thousand dollars ($200,000.00).

B. Notice. The city clerk shall prepare a notice inviting bids.

1. Contents of Notice. The notice inviting bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.

2. Publication of Notice. The notice shall be published at least once fourteen (14) calendar days before the date of opening the bids in a newspaper of general circulation, which is circulated within the jurisdiction of the city.

3. Mailing of Notice. The notice inviting formal bids shall also be sent electronically, if available, by either facsimile or electronic mail and mailed to all construction trade journals specified by the California Uniform Construction Cost Accounting Commission as appropriate for the area. The notice shall be mailed at least fifteen (15) calendar days before the date of opening the bids.

4. Other Notice. In addition to notice required by this section, the city may give other notice as it deems proper.

C. Bid Opening Procedure. Sealed bids shall be submitted to the city clerk’s office and shall be identified as to bidder, project and bid on the envelope. Bids shall be opened by the city clerk’s staff in public at the time and place stated and as described in the notice inviting bids. A written record and tabulation shall be made at that time of all bids received, and shall be open for public inspection during regular business hours for a period of two years after the bid opening. The public works director shall make an analysis of the bids for compliance with bid specifications and thereafter make a recommendation for award or rejection.

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council may waive minor bid irregularities. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.050)

3.04.250 Bonds.

A. The city shall require payment bonds for projects in excess of twenty-five thousand dollars ($25,000.00) in accordance with California Civil Code Section 9550, as may be amended from time to time. The city council may require bid security or bid bonds and performance and/or warranty bonds from an acceptable surety in such amounts as it finds reasonably necessary to protect the public interest. If the city requires a bond, the form and amount of the bond shall be described in the notice inviting bids.

B. Unsuccessful bidders shall be entitled to the return of bid security within sixty (60) days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all or part of its bid security, as may be determined by the council, upon the bidder’s refusal or failure to execute the contract within ten (10) days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, the city council may award the contract to the next lowest responsible bidder. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.060)

3.04.260 No bids received.

If no bids are received through the formal or informal procedure, the project may be performed by city employees by force account or by negotiated contract without further complying with this chapter. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.070)

3.04.270 Tie bids.

If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the city council may accept either bid or accept the lowest bid made by negotiation with the tied bidders. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.080)

3.04.280 Rejection of bids.

In its discretion, the council may reject any bids presented. If after the first invitation of bids all bids are rejected, the city shall state the reasons for the rejection and after reevaluating its cost estimates of the project, the city shall have the option of any of the following:

A. Abandoning the project;
B. Readvertising for bids in the manner described in this chapter; or Agenda Item #9.4.

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C. By passage of a resolution by a four-fifths vote of the council declaring that the project can be performed more economically by city employees, may have the project done by force account without further complying with this chapter. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.090)

3.04.290 Emergencies.

A. In cases of emergency as defined in this chapter, the city, pursuant to a four-fifths vote of the council, may proceed at once to replace or repair any public facility, take any directly related and immediate action required by that emergency, and procure the necessary equipment, services, and supplies for those purposes, without adopting plans, specifications, working details, or giving notice for bids to provide contracts. The work may be done by day labor under the direction of the council, by contractor, or by a combination of the two.

B. The city manager may order any action under this section subject to the provisions of California Public Contract Code Section 22050. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.100)

3.04.300 Prevailing wages required.

Public works contracts are subject to prevailing wage requirements as set forth in Labor Code Section 1720 et seq., as may be amended from time to time. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.110)

3.04.310 Pre-qualification of bidders.

Prospective bidders on a public works contract may be required to be pre-qualified in accordance with procedures adopted by city council resolution, subject to the provisions of California Public Contract Code Section 20101. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.120) Article 4
Professional Services

3.04.320 Award of professional service contracts based upon competence.

In contracting for those professional services as defined in Section 3.04.020, contracts should only be awarded to firms or persons who have demonstrated an adequate level of experience, competence, staffing and other professional qualifications necessary for more than a satisfactory performance of the services required. Once the department requesting the service has determined a firm has an adequate level of competence, the cost of the service may be considered. However, the lowest cost may not be the sole factor in deciding which firm or who shall be awarded the contract. It may be in the city’s best interest to award the contract to a higher priced professional services provider based on the scope of services Agenda Item #9.4.

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available, unique skills, staffing levels, timing, prior experience, past working relationship and other factors required by the department or proposed by that professional services provider. The information needed for determining that level of competence, other qualifications and the procedure for selecting such services shall be determined by each city department responsible for recommending the professional service contract. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.93.010)

3.04.330 Request for proposal/qualification.

The acquiring of professional services shall be procured through negotiated contract and may include requests for proposals/qualifications. Contracting for professional services is decentralized and shall be the responsibility of the department head requesting the service. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01- 14 (part): prior code § 2.93.020)

3.04.340 Contracting authority.

The city manager shall approve professional service or consulting contracts up to and including twentyfive thousand dollars ($25,000.00). The city council shall approve professional service or consulting contracts greater than twenty-five thousand dollars ($25,000.00). (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01- 14 (part): prior code § 2.93.030)
Agenda Item #9.4.

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CITY OF ST. HELENA
ORDINANCE NO. _______

AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF ST. HELENA, CALIFORNIA, ADDING SECTION

3.04.055 STANDARDS OF CONDUCT PERTAINING TO
PROCUREMENT TO ST. HELENA MUNICIPAL CODE
CHAPTER 3.04 PURCHASE OF SUPPLIES, EQUIPMENT

AND SERVICES AND PROCEDURES FOR PUBLIC

WORKS PROJECTS
The City Council of the City of St. Helena does herby ordain as follows:

SECTION 1. Amendment of Chapter 3.04, Title 3 of the St. Helena Municipal Code.

Chapter 3.04, Title 3 of the St. Helena Municipal Code is hereby amended to read in its entirety as shown on Exhibit A, attached hereto and incorporated herein by reference.

SECTION 2. Compliance with CEQA.

The City Council hereby finds that the action to adopt this ordinance to amend Chapter

3.04, title 3 of the St. Helena Municipal Code is not a Project subject to the provisions of the California Environmental Quality Act (Public Resources Code Section 21000, et seq.) (CEQA). Further, even if the adoption of the ordinance is found to be a Project subject to CEQA, it is nevertheless exempt from CEQA pursuant to CEQA Guidelines Section 15061(b)(3) because the City Council hereby finds that it can be seen with certainty that there is no possibility the adoption and implementation of this Ordinance may have a significant effect on the environment.

SECTION 3. Severability.

The City Council hereby declares every section, paragraph, sentence, clause and phrase of this ordinance is severable. If any section, paragraph, sentence, clause or phrase of this ordinance is for any reason found to be invalid or unconstitutional, such invalidity, or unconstitutionality shall not affect the validity or constitutionality of the remaining sections, paragraphs, sentences, clauses or phrases.

SECTION 4. Inclusion in the St. Helena Municipal Code.

It is the intention of the St. Helena City Council that the text in Exhibit A of this ordinance be made a part of the St. Helena Municipal Code and that the text may be renumbered or re-lettered and the word “Ordinance” may be changed to “Section,” “Chapter,” or such as appropriate word or phrase to accomplish this intention.

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SECTION 5. Effective Date.

This ordinance shall take effect and be in force 30 days after its adoption, and a summary of this ordinance shall be published once with the names of the members of the Council voting for and against the ordinance in the St. Helena Star, a newspaper of general circulation published in the City of St. Helena.

THE FOREGOING ORDINANCE was introduced at a regular meeting of the St. Helena City Council on the 23rd day of August 2022, and was adopted at a regular meeting of the St. Helena City Council on the ____th day of _____, 2022, by the following vote:

Mayor Ellsworth:

Vice Mayor Dohring:

Councilmember Chouteau:

Councilmember Hall:

Councilmember Hardy:

APPROVED: ATTEST:
______________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
I, CINDY TZAFOPOULOS, CITY CLERK of the City of St. Helena, California, do hereby certify that the foregoing Ordinance was regularly introduced and passed upon its first reading at a regular meeting of the City Council on the 23rd day of August, 2022. That thereafter said Ordinance was duly adopted and passed at a regular meeting of the City Council on the ____th day of ______, 2022, by the following vote:

Mayor Ellsworth:

Vice Mayor Dohring:

Councilmember Chouteau:

Councilmember Hall:

Councilmember Hardy:

EXHIBIT A
Agenda Item #9.4.

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Chapter 3.04

PURCHASE OF SUPPLIES, EQUIPMENT AND SERVICES, AND PROCEDURES FOR

PUBLIC WORKS PROJECTS
Article 1
Generally
Sections:

3.04.010 Purpose—Objectives—Scope—Responsibilities.

3.04.020 Definitions.

3.04.030 Staging prohibited.

3.04.040 Appeals.

Article 2
Supplies, General Services and Equipment
Sections:

3.04.050 Purchasing officer—Powers and duties.

3.04.060 Requisitions.

3.04.070 Purchase orders.

3.04.080 Contracts.

3.04.090 Encumbrance of funds.

3.04.100 Bidding procedures for various purchase amounts.

3.04.110 Departmental purchases.

3.04.120 Informal bid procedure.

3.04.130 Formal bid procedure.

3.04.140 Special equipment/supplies, sole source purchases, and bid exceptions.

3.04.150 Cooperative purchasing with other agencies.

3.04.160 Recycled supply products specification.

3.04.170 Emergencies.

3.04.175 Declared emergencies.

3.04.180 Surplus supplies and equipment.

3.04.190 Inspection and tests.

Article 3
Public Works Projects
Sections:

Agenda Item #9.4.

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3.04.200 Uniform construction cost accounting procedures.

3.04.210 Bidding procedures for various project amounts.

3.04.220 Negotiate contract or purchase order procedures.

3.04.230 Informal bidding procedures.

3.04.240 Formal bidding procedures.

3.04.250 Bonds.

3.04.260 No bids received.

3.04.270 Tie bids.

3.04.280 Rejection of bids.

3.04.290 Emergencies.

3.04.300 Prevailing wages required.

3.04.310 Pre-qualification of bidders.

Article 4
Professional Services
Sections:

3.04.320 Award of professional service contracts based upon competence.

3.04.330 Request for proposal/qualification.

3.04.340 Contracting authority.

Article 1
Generally

3.04.010 Purpose—Objectives—Scope—Responsibilities.

The purpose of this chapter is to establish an efficient procedure for the purchase of supplies, equipment, and services, and to establish a procedure for performing or contracting for the construction of public works consistent with state law. These procedures are intended to allow the city to obtain the best professional services, to acquire quality supplies, general services and equipment, to construct public works at the lowest possible cost commensurate with quality needed, and to exercise positive financial control over purchases and also to define authority for the purchasing function. These procedures apply to all city employees. These procedures apply to all purchases of supplies, equipment and services, including purchases made online or over the phone. Employees are responsible for reading and understanding the requirements of this chapter. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.90.010)

3.04.020 Definitions.

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As used in this chapter:
“Bidder’s list” means a list of responsible prospective vendors capable of providing the items being bid upon.
“Contract” means an agreement, regardless of how titled, for the procurement of supplies, equipment or services, including without limitation a verbal or written agreement between the city and a contractor, the city and a service provider, and/or the city and a vendor. “Emergency” means a sudden, unexpected occurrence that poses a clear and imminent danger, requiring immediate action to prevent or mitigate the loss or impairment of life, health, property, or essential public services.
“Equipment” means furnishings, machinery, vehicles, rolling stock, and other personal property used in the city’s business.
“General services” are services such as janitorial, uniform cleaning, maintenance work and other services which do not require any unique skill, special background, or training. Obtaining such services at the lowest cost is the single most important factor in selection, as opposed to personal performance. “Maintenance work” means:

1. Routine, recurring, and usual work for the cleaning, preservation or protection of any publicly owned or publicly operated facility for its intended purposes;

2. Minor repainting;

3. Resurfacing of streets and highways at less than one inch;

4. Landscape maintenance, including mowing, watering, trimming, pruning, planting, replacement of plants, and servicing of irrigation and sprinkler systems;

5. Work performed to keep, operate, and maintain publicly owned water or waste disposal systems including, but not limited to, dams and reservoirs. “Professional or special services” means any work performed by an attorney, doctor, architect, engineer, land surveyor, construction manager, appraiser, expert, accounting firm, planner, consultant or those services such as computer services, and other services which require special performance criteria, specific experience, training, personal judgement, quality of work or factors other than simply obtaining the service at the lowest cost to the city.

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“Public work” means a type of public construction project subject to the regulation of the State Public Contract Code, such as:

1. The erection, construction of, alteration, major painting, repair, or demolition of public buildings, streets, walkways, water and sewer facilities, drainage facilities, or other public facilities, whether owned, leased, or operated by the city;

2. Furnishing supplies for any of the above works or projects;

3. Public work does not include “maintenance work” as defined in this chapter. “Purchase” includes the renting, leasing, purchasing, licensing, or a trade of equipment or supplies. “Purchase order” is a written contract for equipment, supplies, or services with a specified consultant, contractor, or vendor and is initiated by a purchase order requisition. A purchase order submitted by an authorized person becomes a legally binding contract. It can stand alone or include attachments for clarification purposes. A purchase order encumbers the specified amounts to provide specified equipment, supplies, services, and/or fixed assets. Regular purchasers may be paid through a one-time payment of an amount up to the purchase order amount at the conclusion of performance (delivery of supplies, services, etc.), and/or incremental (progress) payments as provided in the contract for each time items are purchased.
“Purchasing officer” means the finance director or their designated representative. “Requisition” is a request to authorize the acquisition of equipment, supplies or services from a specified consultant, contractor, or vendor.
“Services” means the furnishing of labor, time or effort to perform or complete a designated task. “Special equipment/supplies” means unique supplies, machinery, computers, or other equipment which are not generally and regularly ordered in bulk by the city and which must perform complex tasks, or integrate efficiently with existing equipment or supplies. “Supplies” means office supplies, janitorial supplies, materials, goods, tools, or other commodities used in the general conduct of the city’s business, excepting supplies for a public work which is regulated under Section 3.04.210.

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“Uniform construction cost accounting procedures” means those procedures and rules established by the State Uniform Construction Cost Accounting Commission pursuant to the Public Contract Code Section 22030 et seq. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.90.020)

3.04.030 Staging prohibited.

Purchases and public works contracts shall not be knowingly staged or separated into smaller units or segments solely for the purpose of evading the competitive formal or informal bidding requirements of this chapter. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.90.030)

3.04.040 Appeals.

Any dispute, contention, or disagreement relative to interpretation, application or enforcement of this chapter shall be submitted to the city council for determination in accordance with the appeal provisions of Chapter 1.16. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.90.040) Article 2
Supplies, General Services and Equipment

3.04.050 Purchasing officer—Powers and duties.

The duties of the purchasing officer may be combined with those duties of any other officer or position in the city. The purchasing officer shall have the authority to:

A. Purchase needed city supplies, general services, equipment and special equipment/supplies which are not included within the construction contract or proposed specifications for a construction contract of a public work being administered by any other city department; B. Investigate, keep knowledgeable about, negotiate, and recommend on the execution of contracts or the purchasing of supplies, general services, and equipment pursuant to the procedures of this chapter and such administrative rules and regulations as prescribed by the city; C. To keep informed of current developments concerning purchasing, prices, market conditions, and new products;
D. To prescribe and maintain such forms as necessary for the proper operation of this purchasing system;
E. To supervise the inspection of all supplies, general services, and equipment purchased under this chapter in order to assure conformance with city specifications; F. To supervise the transfer of surplus and unused supplies and equipment or sale or disposal of such; Agenda Item #9.4.

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G. To maintain up-to-date bidder’s list, vendors’ catalogs, files and such other records as needed to perform these duties;
H. To ensure that purchasing specifications are open and nonrestrictive to encourage full competition; and
I. To perform such other tasks as may be necessary for the proper conduct of purchasing of supplies, general services, and equipment. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.010)

3.04.055 Standards of Conduct Pertaining to Procurement.

No employee, officer, or agent may participate in the selection, award, or administration of a contract if they have a real or apparent conflict of interest. Such a conflict of interest would arise when the employee, officer, or agent, any member of their immediate family, their partner, or an organization which employs or is about to employ any of the parties indicated herein, has a financial or other interest in or a tangible personal benefit from a firm considered for a contract. All City employees and persons in City service are required to adhere to applicable local, state, and federal conflict of interest requirements and prohibitions, including but not limited to the provisions of Article 4 of Title 1, Division 4, Chapter 1 of the Government Code, and Title 2 CFR,220.318(c)(1) General procurement standards.

Reporting of Improper Activities
The City has a responsibility to conduct its affairs ethically and in compliance with the law. City employees and persons in City service are expected and encouraged to promptly raise questions and concerns regarding possible violations of City policy or local, State, or Federal law.

Enforcement
In addition to any other penalty as provided by law, any employee found to be in violation of the Code of Ethics shall be subjected to appropriate disciplinary action up to an including, employment termination.

3.04.060 Requisitions.

Except as authorized under Section 3.04.100(A), any department requesting supplies, general services, equipment, or special equipment/supplies shall submit to the immediate supervisor a requisition on the purchasing officer’s approved form prior to initiating any procurement. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.020)

3.04.070 Purchase orders.

Except for departmental purchases as authorized in Section 3.04.100(A), purchases of supplies, general services, most special equipment/supplies and general equipment not covered within a construction contract or public works specification, may be made only by purchase orders issued by the purchasing Agenda Item #9.4.

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officer and any other contractual document they determine is necessary. (Ord. 15-8 § 1 (Exh. A) (part):

Ord. 01-14 (part): prior code § 2.91.030)

3.04.080 Contracts.

The purchasing officer does not have the authority to sign contracts, nor to bind the city contractually.

Contracts may only be entered into by the city manager. Subject to Section 3.04.340 contracts may only be entered into by the city manager; contracts in excess of city manager authority require city council approval, without which such contract is not valid. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.040)

3.04.090 Encumbrance of funds.

Except in case of an emergency or where specific authority is first obtained from the city council or the city manager, the purchasing officer shall not issue any purchase order for purchasing of supplies, general services or equipment unless there exists an unencumbered appropriation in the fund account against which the purchase is to be charged. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.050)

3.04.100 Bidding procedures for various purchase amounts.

Except as authorized in Sections 3.04.140 and 3.04.150, or in the case of emergencies as described in Sections 3.04.170 and 3.04.175, the purchase of supplies, general services, equipment and special equipment/supplies, not included in a construction contract or bid specification for a public work, shall be made as follows:

A. A purchase of five thousand dollars ($5,000.00) or less may be made by departmental purchase in accordance with Section 3.04.110.

B. A purchase greater than five thousand dollars ($5,000.00) to twenty-five thousand dollars ($25,000) may be made by an informal bid procedure in accordance with Section 3.04.120.

C. A purchase of more than twenty-five thousand dollars ($25,000.00) shall be made by formal bid procedure in accordance with Section 3.04.130. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.060)

3.04.110 Departmental purchases.

A department may, independently of the purchase officer, purchase specified and limited supplies, equipment, special equipment/supplies and general services not included in a construction contract or bid specification for a public work, as follows:

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A. Purchases of five thousand dollars ($5,000.00) or less: requestor receives a verbal/written approval from supervisor, department keeps a record of such purchases and exercises reasonable prudence in seeking price quotes and purchasing such items. All purchases shall be made with funds in an unencumbered appropriation. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.070)

3.04.120 Informal bid procedure.

The purchase of supplies, equipment, special equipment/supplies and general services not included in a construction contract or bid specification for a public work with the estimated value greater than five thousand dollars ($5,000.00), but not exceeding twenty-five thousand dollars ($25,000.00), shall be made by a purchase order as required by this chapter. Said purchases, subject to the department head’s discretion, based upon a small amount, or urgent need and timeliness, may be let without the formal bidding procedures described in Section 3.04.130. In such case, the following procedures shall be followed:

A. Solicitation of Bids. If it is determined that the request is of a sufficient size and time allows, the purchasing officer or designee, before issuing the purchase order to a specific contractor/vendor, shall:
for purchases greater than five thousand dollars ($5,000.00) to twenty-five thousand dollars ($25,000.00), obtain at least three written bids or price quotes. The purchasing officer or designee may negotiate to obtain the lowest possible contract amount from any vendor contacted who can provide supplies, general service, or equipment within the time constraints of the department’s request. The purchasing officer or designee may solicit or determine bids of prospective vendors by written request, telephone, or may base award recommendations upon current catalogs or advertisements.

B. Local Preference. Quality and service being equal, a local preference of one percent shall be given to local bidders located within the city, the difference being the sales tax the city would receive on the sale in the case of vendors.

C. Maintenance of Records. After placing the order, a written record of the contract, bids, quotes or advertisements used or received shall be open public records and maintained by the purchasing officer or the department for a period of two years.

D. Award. The purchasing officer or designee shall award the contract to the lowest responsive and responsible bidder, vendor or offeror whose quote, bid, or proposal fulfills the purpose intended, provided the amount is within the unencumbered appropriation for that item, or reject such bids or proposals, or negotiate further for terms more favorable to the city. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part):
prior code § 2.91.080)

3.04.130 Formal bid procedure.

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For supplies, equipment, special equipment/supplies and general services not included in a construction contract or bid specification for a public work with an estimated value in excess of twenty-five thousand dollars ($25,000.00), purchases shall be made in accordance with the following formal written bid procedures:

A. Published Notices. A notice inviting bids shall be published at least ten (10) calendar days before the date of the opening of bids. The notice shall be published at least once in a newspaper of general circulation printed and published in the city, and also in appropriate trade publications, if any, circulated within the general area. Such other notice as the purchasing officer or designee deems appropriate shall be made.

B. Notices Inviting Bids. Notices inviting bids shall include a general description of the goods, articles, services or equipment to be purchased, any required bidder’s security or performance bonds, state where bid blanks and specifications may be secured and the time and place for the opening of bids.

C. Bidder’s List. The purchasing officer or designee shall maintain a list of responsible bidders for various categories of supplies, equipment, and general services. A solicitation for a bid shall be sent to all responsible prospective contractors or suppliers whose names are on the bidder’s list for the category of equipment, supplies or general services subject to the bid request.

D. Bidder’s Security/Failure to Sign Contract. If the city requires a bidder’s bond or other form of security, the bidder’s security shall be prescribed in the notice inviting bids in an amount equal to ten percent (10%) of the bid amount. Bidder’s security shall be either a cash deposit with the city, a cashier’s or certified check payable to the city, or a bidder’s bond. Unsuccessful bidders shall be entitled to the return of bid security within sixty (60) days of the date of the award. However, the lowest responsive and responsible bidder shall forfeit all or part of its bid security, as may be determined by the city council, upon the bidder’s refusal or failure to execute the contract within ten (10) days after the date of the award of the contract. On the refusal or failure of the lowest responsive and responsible bidder to execute the contract, the council may award the contract to the next lowest responsive, responsible bidder.

E. Bid Opening Procedure. Sealed bids shall be submitted to the city clerk’s office and shall be identified as to bidder, project, and “Bid” on the envelope. Bids shall be opened by city staff in public at the time and place stated and as described in the notice inviting bids. A written record and tabulation shall be made at that time of all bids received, and shall be open for public inspection during regular business hours for a period of two years after the bid opening.

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F. Local Preference. Quality and service being equal, a local preference of one percent shall be given to local bidders located within the city, the difference being the sales tax the city would receive on the sale in the case of vendors.

G. Bid Evaluation Procedures. All bids and bidders shall be analyzed by purchasing officer or designee and the responsible department for bidder’s qualifications and compliance with bid specifications. The purchasing officer or designee shall prepare a recommendation to the department for award or rejection; the department shall then prepare a recommendation for award or rejection to the city council.

H. Rejection of Bids. In its discretion, the city council may reject all bids and readvertise. If no bids are received, the city council may proceed with the procurement without further complying with this chapter using whatever method it deems appropriate, such as rebid, abandon acquisition, or negotiate a contract.

I. Award of Contracts. Contracts shall be awarded by the city council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended according to criteria designated in the solicitation, provided the award amount is within the unencumbered appropriation for that item. The city council may waive any minor bid irregularities.

J. Tie Bids. If two or more bids received are for the same total amount or unit price, quality and service being equal, and if the public interest will not permit the delay of readvertising for bids, the council may accept either bid or accept the lowest bid made by negotiation with the tied bidders.

K. Performance Bonds. The city may require a performance bond in such amount as it shall find reasonably necessary to protect the public interest. If the city requires a performance bond, the form and amount of the bond shall be described in the notice inviting bids. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01- 14 (part): prior code § 2.91.090)

3.04.140 Special equipment/supplies, sole source purchases, and bid exceptions.

A. Special Equipment/Supplies. In purchasing any special equipment or supplies needed to be compatible with existing equipment, or to perform complex or unique functions, the purchasing officer or department head may:

1. Limit bidding to a specific product type, or a brand name product; or

2. Utilize a request for proposal approach where warranties, servicing obligations, and product performance will be evaluated in addition to the price of the product, and the award of the contract is made by the council to the proposer it deems is in the best public interest.

Agenda Item #9.4.

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B. Sole Source Purchases. Commodities or services that can be obtained from only one vendor, or one distributor authorized to sell in this area, are exempt from the competitive bidding requirements in Section 3.04.100 and are deemed sole source purchases. Sole source purchases may include proprietary items sold direct from the manufacturer. All sole source purchases shall be supported by written documentation indicating the facts and nature supporting the determination of a sole source, signed by the appropriate department head and forwarded to the purchasing officer. Approval of any sole source acquisition shall be obtained from the city council for an award of a contract or purchase order greater than twenty-five thousand dollars ($25,000.00).

C. Bid Exceptions. The competitive bid process is not applicable to certain purchases. The following are exempt from bid processes of this chapter:

1. Departmental purchases, as defined in Section 3.04.110;

2. Subscriptions;

3. Trade circulars or books;

4. Newspaper advertisements and notices;

5. Utility payments;

6. Land. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.100)

3.04.150 Cooperative purchasing with other agencies.

The bidding requirements of Section 3.04.100 shall not apply to the purchasing of any equipment or supplies which the purchasing officer decides to obtain through a cooperative competitive bidding procedure prepared by and processed through another public, local, state, or federal governmental agency. If it is determined to be in the best interest of the city, the purchasing officer is authorized to “piggy-back” onto or join into an existing written purchase contract, which contract was obtained within the last twelve (12) months through a competitive bidding process prepared by and awarded by another public, local, state or federal government agency. However, the city council’s approval shall be required prior to and for the joining of a “piggy-back” purchase or cooperative purchase for a purchase greater than twenty-five thousand dollars ($25,000.00). (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.110)

3.04.160 Recycled supply products specification.

If in procuring supplies a recycled product can achieve the necessary city performance standard, and if such recycled product is readily available, specifications should, if economically feasible, require products Agenda Item #9.4.

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made with recycled materials be bid. If the department head determines that: (A) a recycled product lacks performance capabilities or needed quality levels; or (B) a sufficient amount of such recycled or reusable product is not currently available in the market, then a reduced percentage can be required, or the supply specification can be limited to nonrecycled or virgin materials. When recycled products are required, reasonable efforts shall be made to label the products as containing recycled materials. As used in this section, recycled products does not mean used products, but is limited to new products made with materials which have been recycled. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.120)

3.04.170 Emergencies.

Bidding procedures may be dispensed with in the case of an emergency. The city council delegates to the city manager the authority to declare a public emergency and enter into contracts for any purchase in accordance with Section 3.04.175. The city manager’s authority is subject to confirmation by the city council at its next meeting for any purchase in excess of twenty-five thousand dollars ($25,000.00). (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.130)

3.04.175 Declared emergencies.

A. Purpose. This section modifies the city’s normal purchasing practices only during a proclaimed emergency. With this revised policy, the city is able to acquire goods and services required to address an immediate threat to life, public health or safety, or an immediate threat of significant damage to improved public and private property while maintaining an effective purchasing policy.

B. Definitions. For the purposes of this section, the following definitions are applicable:

A proclaimed disaster or emergency exists if (1) the Governor has declared a state of emergency for an area which includes the geographic territory of the city, or (2) the city manager or their designee has declared an emergency in the city.
“Exigent circumstances” are situations in which (1) a disaster or emergency has been proclaimed, and (2) the public exigency for goods and services required to address an immediate threat to life, public health or safety, or improved public and private property will not permit competitive solicitation.

C. Delegation of Purchasing Authority in Exigent Circumstances. If the city manager or their designee determines that goods and services must be procured before the city council is to assemble and approve purchases, the city manager or their designee has the authority, subject to the limitations set forth below to approve the immediate rental and/or purchase of any equipment, supplies, services, or other items Agenda Item #9.4.

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necessary to respond to an immediate threat to life, public health or safety, or improved public and private property.

1. Limits of Single Purchase Authority. The city manager or their designee shall have the authority to make individual purchases up to one hundred thousand dollars ($100,000.00) on their signature alone. The city manager or their designee shall have the authority to make purchases in excess of one hundred thousand dollars ($100,000.00) up to a maximum of five hundred thousand dollars ($500,000.00) when countersigned by the mayor or, in the mayor’s absence, countersigned by another council member.

2. Limits of Aggregate Purchase Authority. The city manager or their designee shall have the authority to make aggregate purchases up to one million five hundred thousand dollars ($1,500,000.00) on their signature alone per disaster declaration. The city manager or their designee shall have the authority to make aggregate purchases in excess of one million five hundred thousand dollars ($1,500,000.00) and up to a maximum of two million five hundred thousand dollars ($2,500,000.00) per disaster declaration when countersigned by the mayor or, in the mayor’s absence, countersigned by another council member. a. Sub-delegation to the Emergency Operations Center (EOC) Director. The EOC director shall be a designee of the city manager at any time that the city manager is not available to approve purchases as allowed in this section.
b. Sub-delegation of Purchasing Authority to Department Heads. If neither the city manager or their designee nor the EOC director is available, then any city department head has the authority to rent or purchase from the nearest source, any equipment supplies, services, or other items necessary for any department to respond to an immediate threat to health, safety, or improved property, up to a maximum of fifty thousand dollars ($50,000.00). c. Sub-delegation of Purchasing Authority to Mid-Managers. If neither the city manager or their designee, EOC director, or any department head is not available, then any employee classified as a mid-manager has the authority to rent or purchase from the nearest source, any equipment, supplies, services, or other items necessary for any department to respond to an immediate threat to health, safety, or improved property, up to a maximum of twenty-five thousand dollars ($25,000.00).

D. Administrative Procedures and Reporting Requirements.

Agenda Item #9.4.

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1. As soon as possible after purchases are made under subsection C of this section, the city manager or their designee, EOC director, department head or midmanager shall submit to the finance director or designee a purchase order requisition and a notation that the commodity has been ordered on an emergency basis from the vendor designated.

2. The finance director will inform the city manager or their designee and the city council of any individual purchase under this section with a contract amount greater than twenty-five thousand dollars ($25,000.00), and also whenever the aggregate of purchases under this section is greater than two hundred fifty thousand dollars ($250,000.00).

3. The finance director will obtain the city manager’s or their designee’s (or EOC director as the city manager’s designee) approval prior to any purchase by a department head if the amount is twenty-five thousand dollars ($25,000.00) or more.

4. If the city manager or their designee and the EOC director are unavailable, and the delay in getting their signature would imperil life, public health or safety, or improved public or private property, then any department head (except the requestor) may approve the emergency purchase of fifty thousand dollars ($50,000.00) or more.

5. The finance director or designee shall have the authority to approve all disaster related purchases under fifty thousand dollars ($50,000.00).

6. The finance director or designee will expedite the verification of funds available and complete the preparation of the purchase order.

E. Procurement Procedures in Exigent Circumstances. Upon receipt of the requisitions under subsection D of this section, the finance director or designee shall prepare purchase orders for emergency equipment, supplies, services or other items in accordance with the requirements of this section.

1. Exempt Purchases. Purchases of two hundred fifty thousand dollars ($250,000.00) or less shall not be required to be formally bid. Purchases greater than two hundred fifty thousand dollars ($250,000.00) may be made following the procedures specified in this section. The signature(s) of the city manager or their designee, finance director, or department head are still required as provided in subsections C and D of this section.

Agenda Item #9.4.

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2. Justification of “Sole Source” or “No Bid” Contracts. Where exigent circumstances require immediate procurement from the nearest available source, the finance director or designee shall justify the emergency sole source purchase or no bid purchase on the purchase order. a. Procurement should be limited to that portion of the work that must be performed immediately, and subsequent procurement by competitive proposal for the remainder of the work under the city’s normal purchasing policy (this chapter). b. “Sole source” or “no bid” acquisitions shall be necessary for one of the following reasons:
placement of emergency protective measures; procurement of scarce commodities, goods, or services; or acquisition or rental of emergency equipment, emergency consulting services, emergency road clearance, or other emergency requirements.

3. Provision for Alternate Bid Solicitation Procedures. The city’s normal requirements for quotes, sealed bids, or local preference shall not apply to this section (Declared emergencies). However, the finance director or designee shall conduct telephonic or other electronic bid solicitation from potential vendors or suppliers, in lieu of written and/or sealed bids, in an effort to obtain multiple competitive proposals when and if time allows in light of the exigent circumstances.

4. Posting Locations for Requests for Proposals or Solicitations of Bids. The finance director or designee may waive normal requirements for public posting of requests for proposals or solicitation of bids for the procurement of emergency equipment, goods or services. Notices soliciting bids or requests for proposals shall be posted, at minimum, at the emergency operations center or the alternate emergency operations center, if the primary emergency operations center is not being used.

5. Length of Time for Posting Requests for Proposals or Solicitation of Bids. The finance director or designee shall determine the posting period. The finance director or designee will make reasonable efforts to ensure that multiple suppliers are able to place a bid during the shortened time period.

F. Notification and Ratification.

1. Posting of Contract Awards. All contracts awarded that exceed twenty-five thousand dollars ($25,000.00) shall be presented to the city council for ratification and thereafter shall be publicly posted within sixty (60) days of the award.

Agenda Item #9.4.

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2. Authority to Cancel Emergency Procurements. The city manager has the absolute authority to rescind a contract for nonperformance within twenty-four (24) hours when a contractor or vendor, once awarded a contract, is unable to perform under the terms of the contract and the resulting delay or nonperformance presents an immediate threat to life, public health or safety, or improved public or private property.

3. Notification Requirement for Emergency Services. For any purchase in excess of twenty-five thousand dollars ($25,000.00), the city manager shall report all such purchases to the city council within thirty (30) days of the onset of the disaster.

4. Requirement for Separate Invoicing. All purchases or rentals made during the proclaimed emergency or disaster conditions shall require separate invoicing from routine (nondisaster) purchases. All invoices must state the goods, services, or equipment provided and must specify the location where the goods or services were delivered.

5. Limitations of Declared Emergencies Purchasing Policy. Any purchases that do not meet the standard of being necessary for responding to an immediate threat to life, public health or safety, or improved public or private property as outlined in this section shall follow the city’s regular purchasing provisions. (Ord. 16-5 § 1 (Exh. A))

3.04.180 Surplus supplies and equipment.

All departments shall submit to the purchasing officer, at such times and in such forms as they may prescribe, reports showing all supplies and equipment which are no longer used or which have become obsolete or worn out. The purchasing officer may direct that the designated supplies or equipment be:

A. Transferred to another city department or agency;
B. Exchanged or traded in on new supplies and equipment; or C. Disposed of in some other suitable manner, which may include sale at auction or deposit at a landfill. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.140)

3.04.190 Inspection and tests.

The purchasing officer or designee or department requesting the item shall inspect all deliveries of supplies and equipment to assure conformance with the contract or order specifications. The purchasing officer or designee, at their discretion, may require such reasonable chemical and physical tests of samples of supplies and equipment as they deem necessary to determine the quality in conformance with those specifications. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.91.150) Agenda Item #9.4.

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Article 3
Public Works Projects

3.04.200 Uniform construction cost accounting procedures.

The city council has elected to become subject to the Uniform Public Construction Cost Accounting Act and procedures as established by the California Uniform Construction Cost Accounting Commission in Public Contract Code Section 22000 et seq. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.010)

3.04.210 Bidding procedures for various project amounts.

A. A public work project of sixty thousand dollars ($60,000.00) or less may be performed by city force account, by negotiated contract, or by purchase order in accordance with Section 3.04.220.

B. A public work project greater than sixty thousand dollars ($60,000.00) and less than or equal to two hundred thousand dollars ($200,000.00) may be let to contract by informal bid procedures in accordance with Section 3.04.230.

C. A public work project of more than two hundred thousand dollars ($200,000.00) shall, except as otherwise provided in this chapter, be let to contract by formal bidding procedure in accordance with Section 3.04.240.

The described project cost limits of subsections A through C of this section shall be increased automatically as authorized pursuant to the adjustments made by the California Uniform Construction Cost Accounting Commission under Public Contract Code Section 22034. (Ord. 15-8 § 1 (Exh. A) (part):

Ord. 01-14 (part): prior code § 2.92.020)

3.04.220 Negotiate contract or purchase order procedures.

For those projects qualifying under Section 3.04.210(A), the applicable department head shall obtain a cost estimate from the project engineer or architect prior to issuing a purchase order or negotiating a contract with a responsible contractor. For any city force account work, the department head shall first comply with the guidelines established by the California Uniform Construction Cost Accounting Commission in determining the cost of the public work. The city manager shall have the authority to award and to execute any contract for the public work qualifying under Section 3.04.210(A). (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.030)

3.04.230 Informal bidding procedures.

For those projects which qualify under Section 3.04.210(B) for informal bidding, the following procedures shall be used:

Agenda Item #9.4.

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A. Bidder’s List. The city shall maintain a list of qualified contractors, identified according to categories of work. Minimum criteria for development and maintenance of the contractors’ list shall be consistent with the Uniform Public Construction Cost Accounting Act rules.

B. Notice. The city clerk shall prepare a notice inviting bids.

1. Contents of Notice. The notice inviting bids shall include a general description of the services and/or articles to be purchased, where bid blanks and specifications may be obtained, the time and place for bid openings, and whether bid deposit or bond and faithful performance and/or warranty bond will be required.

2. Mailing of Notice. Unless the product or service is proprietary, all contractors on the city’s list for the category of work being bid shall be mailed a notice inviting informal bids, or an announcement/advertisement shall be placed in all construction trade journals, or both such mailing and advertising. The trade journals shall be those identified by the California Uniform Construction Cost Accounting Commission as appropriate for this area, in accordance with California Public Contract Code Section 22036.

3. Ten (10) Day Notice. Notices inviting informal bids shall be posted at the city hall and mailed at least ten (10) calendar days before the due date of submission of bids to all firms or suppliers on the bidder’s list for the category of work being bid and to such other vendors as the public works director deems appropriate.

4. Proprietary Products or Services. If the product or service is proprietary in nature such that it can be obtained only from a certain contractor or contractors, the notice inviting bids may be sent exclusively to such contractor or contractors.

C. Award. The city council shall award the contract to the lowest responsive and responsible bidder whose bid or proposal fulfills the purpose intended according to criteria designated in the solicitation. The council may waive any minor bid irregularities.

D. Bids in Excess of Statutory Amount. If all bids received are in excess of two hundred thousand dollars ($200,000.00), the city council may, by passage of a resolution by a four-fifths vote, award the contract to the lowest responsive and responsible bidder up to an amount not to exceed two hundred twelve thousand five hundred dollars ($212,500.00) if it determines the cost estimate of the city was reasonable. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.040)

3.04.240 Formal bidding procedures.

Agenda Item #9.4.

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For those projects which qualify under Section 3.04.210(C) for formal bidding, the following procedures shall be used:

B. Notice. The city clerk shall prepare a notice inviting bids.

1. Contents of Notice. The notice inviting bids shall state the time and place for the receiving and opening of sealed bids and distinctly describe the project.

4. Other Notice. In addition to notice required by this section, the city may give other notice as it deems proper.

D. Award. Contracts shall be awarded by the city council to the lowest responsive and responsible bidder whose bid fulfills the purpose intended, according to criteria designated in the solicitation. The council may waive minor bid irregularities. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.050)

3.04.250 Bonds.

Agenda Item #9.4.

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3.04.260 No bids received.

3.04.270 Tie bids.

3.04.280 Rejection of bids.

A. Abandoning the project;
B. Readvertising for bids in the manner described in this chapter; or C. By passage of a resolution by a four-fifths vote of the council declaring that the project can be performed more economically by city employees, may have the project done by force account without further complying with this chapter. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.92.090)
Agenda Item #9.4.

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3.04.290 Emergencies.

3.04.300 Prevailing wages required.

3.04.310 Pre-qualification of bidders.

3.04.320 Award of professional service contracts based upon competence.

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services shall be determined by each city department responsible for recommending the professional service contract. (Ord. 15-8 § 1 (Exh. A) (part): Ord. 01-14 (part): prior code § 2.93.010)

3.04.330 Request for proposal/qualification.

3.04.340 Contracting authority.

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Report to the City Council
Regular City Council - 13 Sep 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and proposed adoption of a Resolution authorizing the City Manager to execute Amendment No. 1 to STH Contract: FY2023-002 in the amount of $50,000 to the Professional Services Agreement with Regional Government Services (RGS) for human resources assistance for a total amount not to exceed $75,000.

CEQA
Determination:

Not a CEQA project
Prepared By: Mandy Kellogg, Administrative Services Director Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
The Human Resources Division of the Administrative Services Department is responsible for a wide range of functions, which include recruitments, managing employee relations, benefits administration, FMLA/medical leaves of absence, performance management and training, and ensuring compliance with labor laws and regulations. The Human Resources Division consists of a Human Resources Manager and Human Resources Technician.

Both positions have been vacant since June 2022.

On August 5, 2022, the City Manager executed a contract with Regional Government Services (RGS) for an amount not to exceed of $25,000 to assist with some immediate needs in human resources. RGS is a JPA established in 2002 to provide organizational services to California public agencies. RGS has extensive human resources experience in California public agencies and provide a variety of human resources consulting services.

Agenda Item #9.5.

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DISCUSSION
The City continues to face staffing shortages within the Human Resources Division and wishes to expand the scope of the Professional Services Agreement that was executed with RGS. RGS will provide immediate ongoing Human Resources Management consulting services, which include ad hoc consultation and initiation of work on identified priority projects, including but not limited to:
• Provide professional human resources expertise regarding best practice to facilitate the effective and compliant administration of City’s human resources policies and practices.
• Analyze a variety of information and recommend appropriate management action; provide written documentation of analysis and recommendations as needed.
• Draft specific documentation relevant to resolving a range of personnel issues; facilitate meetings and coach supervisors on conducting sensitive personnel conversations.
• Draft required management communications to employees and facilitate effective interpersonal skills and relationship building.
• Develop and/or update human resources administrative policies, procedures, forms and templates as needed to develop an effective and compliant system of human resources management practices and personnel transactions. • Confer with staff as requested to obtain input and/or feedback regarding policy and procedure recommendations; or to obtain information relevant to the resolution of personnel issues.

Staff is recommending an amendment to the agreement for an additional $50,000, with a total contract amount not to exceed $75,000.

FISCAL IMPACT
The estimated fiscal impact of this contract amendment is $50,000 for a not-to-exceed amount of $75,000. Salary savings are being realized through the two current vacant positions at approximately $25,530 per month. Based on the estimated timeframe to fill the vacancy it is estimated that the salary savings will be sufficient to offset the increased cost of the contract.

RECOMMENDED ACTION
Staff recommends City Council adopt the attached Resolution and authorize the City Manager to execute Amendment No. 1 to STH Contract: FY2023-002 in the amount of $50,000 to the Professional Services Agreement with Regional Government Services (RGS) for human resources assistance for a total amount not to exceed $75,000.

ATTACHMENTS
Attachment 1- Resolution RGS Contract Amendment
Attachment 2 - Amendment No. 1 RGS Human Resources
Attachment 3 - STH Contract FY 2023-002 St. Helena HR Services Agenda Item #9.5.

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CITY OF ST. HELENA
RESOLUTION NO. 2022 -
Authorizing: (1) the City Manager to Execute Amendment No. 1 to STH Contract: FY2023-002 in the amount of $50,000 to the Professional Services Agreement with Regional Government Services (RGS) for human resources assistance for a total amount not to exceed $75,000.

RECITALS
A. The Human Resources Division of the Administrative Services Department is responsible for a wide range of functions, which include recruitments, managing employee relations, benefits administration, FMLA/medical leaves of absence, performance management and training, and ensuring compliance with labor laws and regulations.; and
B. The City currently has two approved vacant positions in the Human Resources Division; and
C. The City is actively working on a recruitment for the Human Resources Division; and D. The City has a current contract with Regional Government Services (RGS) to provide temporary assistance with human resources management and RGS has demonstrated they have the necessary skills, abilities, and staff to help fulfill the ongoing needs for human resources management; and
E. The City of St. Helena and RGS now desire to execute an amendment to the agreement to expand the scope of the services provided.

RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:

Authorizes the City Manager to execute execute Amendment No. 1 to STH Contract:

FY2023-002 in the amount of $50,000 to the Professional Services Agreement with Regional Government Services (RGS) for human resources assistance for a total amount not to exceed $75,000.

Approved at a Regular Meeting of the St. Helena City Council on September 13, 2022, by the following vote:

Mayor Ellsworth: __________
Vice Mayor Dohring: __________
Councilmember Chouteau: __________
Agenda Item #9.5.

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Councilmember Hall: __________
Councilmember Hardy: __________
APPROVED: ATTEST:
________________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #9.5.

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Page 1 of 2 ends

AMENDMENT NO. 1
TO PROFESSIONAL SERVICES AGREEMENT WITH REGIONAL GOVERNMENT SERVICES (RGS):

STH CONTRACT NO: 2023‐002 FOR PROFESSIONAL SERVICES FOR HUMAN RESOURCES ADVISORY SERVICES.

This Amendment No. 1 to Agreement for Professional services is made effective on September 13, 2022 by and between the City of St. Helena, a municipal corporation ("City"), and Regional Government Services (RGS) ("Consultant").

RECITALS
A. On August 5, 2022, The City of St. Helena and RGS entered into an agreement for Human Resources Advisory Services, as a result of two vacancies within the Human Resources Division; and
B. The City of St. Helena desired to continue utilizing RGS for on‐call services for human resources assistance; and
C. The Human Resources Division is continuing to face impacts from staffing shortages, in which RGS will assist the City by continuing to provide Human Resources Adisory Services while prioritizing recruitments to assist with filling the vacancies; and D. The City of St. Helena and Regional Government Services now desire to amend the Agreement for an additional $50,000 for a total not to exceed $75,000.

AGREEMENT
NOW, THEREFORE. In consideration of the promises and the mutual covenants and agreements herein contained, for good and valuable consideration, the adequacy of which is hereby acknowledged, the parties agree to amend the Agreement as follows:

1. Section 4.A Compensation, is amended to read as follows:
“Total compensation shall not exceed $75,000…”
All other terms of the Agreement shall remain in full force and effect.

Entered as of the day and year first above stated.

Agenda Item #9.5.

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CONSULTANT:

Signatures of Authorized Persons:

By: _____________________________

Print Name: _______________________
Title: ___________________ _________

CITY OF ST. HELENA
a Municipal Corporation

By: _________________________________
Anil Comelo, City Manager

APPROVED AS TO FORM:
_____________________________________
Ethan Walsh, City Attorney
ATTEST:
______________________________________
City Clerk
Agenda Item #9.5.

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Scope of Services
RGS shall assign an RGS employee or employees to provide the services described below:

1. Provide immediate ongoing Human Resources Management consulting services, which include ad hoc consultation and initiation of work on identified priority projects, including but not limited to:
 Provide professional human resources expertise regarding best practice to facilitate the effective and compliant administration of City’s human resources policies and practices.
 Analyze a variety of information and recommend appropriate management action; provide written documentation of analysis and recommendations as needed.  Draft specific documentation relevant to resolving a range of personnel issues; facilitate meetings and coach supervisors on conducting sensitive personnel conversations.
 Draft required management communications to employees and facilitate effective interpersonal skills and relationship building.
 Develop and/or update human resources administrative policies, procedures, forms and templates as needed to develop an effective and compliant system of human resources management practices and personnel transactions.  Confer with staff as requested to obtain input and/or feedback regarding policy and procedure recommendations; or to obtain information relevant to the resolution of personnel issues.
 Create implementation plans and timelines, including identification of roles/activities to be carried out by the City’s managers and supervisors.  Coach supervisors as needed in team building, conflict resolution, and other collaborative workplace skills.

2. RGS shall assign RGS Advisors to provide additional services as described below, as requested by Agency and authorized by the RGS lead advisor.  Services may be within any of the RGS service areas, including but not limited to:

Benefit Administration, Project and Transitional Management, Community Engagement/Communication Services, Land Use Planning Services, Finance Consultation, Training Design and Delivery, Strategic Planning and Facilitation Services, Emergency Management Consultation.
 Services to be engaged in writing, which can range from an email from the Administrative Service Director or City Manager to an amendment to this agreement.

3. RGS Advisors will:
 Be reasonably available to perform the services during the normal work week.  Meet regularly and as often as necessary for the purpose of consulting about the scope of work performed with the appropriate Agency project manager and with the RGS lead.

Agenda Item #9.5.

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 Perform services remotely, or at Agency offices or at other locations at their discretion.

Agenda Item #9.5.

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83578.00004\40397052.2

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AGREEMENT FOR PROFESSIONAL SERVICES
THIS AGREEMENT, made and entered into on August 5, 2022 by and between the CITY OF ST. HELENA, located in the County of Napa, State of California (City), and REGIONAL GOVERNMENT SERVICES AUTHORITY (Consultant).

RECITALS:

A. City desires to employ Consultant to furnish professional services in connection with the project described as Human Resources Advisory Services.

B. Consultant has represented that Consultant has the necessary expertise, experience, and qualifications to perform the required duties.

NOW, THEREFORE, in consideration of the mutual premises, covenants, and conditions herein contained, the parties agree as follows:

SECTION 1 – BASIC SERVICES
Consultant agrees to perform the services set forth in Exhibit A, “Scope of Services” and made part of this Agreement.

SECTION 2 – ADDITIONAL SERVICES
Consultant shall not be compensated for any services rendered in connection with its performance of this Agreement that are in addition to or outside of those set forth in this Agreement or Exhibit A, “Scope of Services” (the “Services”), unless such additional Services and compensation are authorized in advance and in writing by the City Council or City Manager of the City.

SECTION 3 – TIME FOR COMPLETION
The time for completion of Services shall be as identified in Exhibit A, “Scope of Services”. The parties expressly agree that time is of the essence in the performance of this Agreement.

SECTION 4 – COMPENSATION AND METHOD OF PAYMENT
A. Subject to any limitations set forth in this Agreement, City agrees to pay consultant the amount specified in Exhibit A attached hereto and made a part hereof. Total compensation shall not exceed $25,000 unless additional compensation is approved in accordance with Section

2. B. Consultant shall furnish to City an original invoice for all work performed and expenses incurred during the preceding month. The invoice shall detail charges by the following categories if applicable: labor (by sub-category), travel, materials, equipment, supplies, subconsultant contracts, and miscellaneous expenses. Each original invoice furnished shall include the expenses incurred during the preceding month, the cumulative Agreement amount, and the

STH Contract FY2023-002 Agenda Item #9.5.

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83578.00004\40397052.2

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amount remaining on the Agreement. City shall independently review each invoice submitted to determine whether the work performed and expenses incurred are in compliance with the provisions of this Agreement. If no charges or expenses are disputed, the invoice shall be approved, and City will use its best efforts to cause Consultant to be paid within 30 days of receipt of invoice.

If the City disputes any charges or expenses, the City will return the original invoice to Consultant for correction and resubmission. If the City reasonably determines, in its sole judgment, that the invoiced charges and expenses exceed the value of the Services performed to date and that it is probable that the Agreement will not be completed satisfactorily within the contract price, City may retain all or a portion of the invoiced charges and expenses. Within thirty (30) days of satisfactory completion of the project, City shall pay the retained amount, if any, to Consultant.

C. Payment to the Consultant for work performed pursuant to this Agreement shall not be deemed to waive any defects in work performed by Consultant.

SECTION 5 – STANDARD OF PERFORMANCE
A. Consultant represents and warrants that it has the qualifications, experience and facilities necessary to properly perform the Services required under this Agreement in a thorough, competent and professional manner. Consultant shall at all times faithfully, competently and to the best of its ability, experience and talent, perform all Services described herein. In meeting its obligations under this Agreement, Consultant shall employ, at a minimum, generally accepted standards and practices utilized by persons in the same or similar geographical area engaged in providing Services similar to those required of Consultant under this Agreement.

B. In order to induce City to enter into this Agreement, Consultant represents that it is duly organized, existing and in good standing under applicable state law; Consultant is licensed to perform all aspects of the Services; Consultant will employ only persons and Subconsultants with all required licenses and certifications; that Consultant is duly qualified to conduct business in the State; that Consultant has duly authorized the execution, delivery and performance of this Agreement and the Services to be performed herein; and that the Agreement does not violate or create a default under any instrument, agreement, order or decree binding on Consultant.

SECTION 6 – [Intentionally Omitted]

SECTION 7 – INSURANCE REQUIRED
Consultant 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 Consultant, its agents, representatives, or employees, as indicated:

A. Minimum Scope of Insurance. Coverage shall be at least as broad as:

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

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

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

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B. Minimum Limits of Insurance. Consultant shall maintain limits no less than:

1. General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage including operations, products and completed operations, as applicable. If Commercial General Liability Insurance or other form with a General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this project/location 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.

C. Professional Liability Insurance. Consultant shall maintain at least $1,000,000 of professional liability insurance combined single limit for each occurrence, insuring against professional errors and omissions in the Services performed by Consultant under this Agreement, including, without limitation, claims for negligence, misrepresentation, violation of good faith and fair dealing, and inaccurate advise arising out of, resulting from, or in connection with Services performed by Consultant under this Agreement.

D. Excess Limits. If Consultant maintains higher limits than the minimums shown above, City requires and shall be entitled to coverage for the higher limits maintained by Consultant. Any available insurance proceeds in excess of the specified minimum limits of insurance and coverage shall be available to the City.

E. Primary Coverage. For any claims related to this contract the Consultants insurance coverage shall be primary insurance as respects to 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 Consultant’s insurance and shall not contribute with it.

F. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions of $25,000 or greater must be declared to and approved by the City.

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

1. The City, its agent, officers, officials, employees, and volunteers are to be covered as additional insured as respects liability arising out of work or operations performed by the Consultant or Consultant’s subconsultants; or automobile owned, leased, hired or borrowed by the Consultant.

2. For any claims related to Consultant’s conduct while performing the work of this project, the Consultant’s insurance coverage shall be primary insurance as respects the City, its agents, officers, officials, employees and volunteers. Any insurance or self-insurance maintained by the City, its agents, officers, officials, employees or volunteers shall be excess of the Consultant’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 cancelled by either party, except after thirty (30) days prior written notice by certified mail, return receipt requested, has been given to the City.

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4. Coverage shall not extend to any indemnity coverage for the active negligence of the additional insured in any case where an agreement to indemnify the additional insured would be invalid under Subsection (b) of Section 2782 of the Civil Code.

H. Waiver of Subrogation. Consultant’s commercial general liability, automobile liability, workers’ compensation, and employer’s liability policies shall be endorsed with a waiver of subrogation. The insurance company, in its endorsement, agrees to waive all rights of subrogation against the City, its agents, officers, officials, employees and volunteers for losses paid under the terms of this policy which arises from the work performed by the named insured for the City.

I. The Acceptability of Insurers. Insurance is to be placed with insurers with a current A.M. Best’s rating of no less than A: VII, unless otherwise acceptable to the City. Pursuant to California Government Code §990, as a public entity, Contractor may satisfy the coverage requirements set forth herein with a combination of self-insurance and self-insured pool insurance.

J. Verification of Coverage. Consultant 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 forms that conform to City 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.

SECTION 8 – INDEMNIFICATION
A. To the fullest extent allowed by law (including without limitation California Civil Code Sections 2782 and 2782.8), as may be applicable, Consultant shall indemnify, defend against third party claims, and hold harmless City, its agents, officers, officials, employees, representatives, and volunteers (collectively “Indemnitees”) from any and all claims, demands, suits, loss, damages, injury, and/or liability (including any and all costs and expenses in connection therewith, including reasonable legal fees and expert witness costs) (collectively, “Liabilities”), to the extent incurred by reason of any negligent or otherwise wrongful act or omission of Consultant, its officers, agents, employees, subconsultants, and subcontractors, or any of them, under or in connection with this Agreement; and Consultant agrees at its own cost, expense and risk to defend any and all claims, actions, suits, or other legal proceedings brought or instituted against City, its agents, officers, officials, employees and volunteers, or any of them, to the extent arising out of, pertaining to, or relating to such negligent or otherwise wrongful act or omission, and to pay and satisfy any resulting judgments.

B. If any action or proceeding is brought against Indemnitees by reason of any of the matters against which Consultant has agreed to indemnify Indemnitees as provided above, Consultant, upon notice from City, shall defend Indemnitees at Consultant’s expense by counsel acceptable to City, such acceptance not to be unreasonably withheld. Indemnitees need not have first paid for any of the matters to which Indemnitees are entitled to Indemnification in order to be so indemnified. The insurance required to be maintained by Consultant shall ensure Consultant’s obligations under this section, but the limits of such insurance shall not limit the liability of Consultant hereunder. The provisions of this section shall survive the expiration or earlier termination of this Agreement.

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C. The provisions of this section do not apply to claims to the extent occurring as a result of the City’s sole negligence, active negligence, or willful acts or misconduct.

D. Duty to Cooperate. Each party shall notify the other party immediately in writing of any claim or damage related to activities or Services performed under this Agreement. The parties shall cooperate with each other in the investigation and disposition of all Liabilities arising out of the activities or Services under this Agreement.

E. In the event that Consultant executes any subconsulting agreements in connection with the Services performed under this Agreement, Consultant shall place in all such subconsulting agreements, and cause its subconsultants to agree to, the indemnity and insurance obligations in favor of City and other Indemnitees, as provided herein, in the exact form and substance of those contained in this Agreement.

SECTION 9 – INDEPENDENT CONTRACTOR STATUS
A. Consultant is and shall at all times remain a wholly independent contractor and not an officer, employee or agent of City. Consultant shall have no authority to bind City in any manner or to incur an obligation, debt or liability of any kind on behalf of or against City, whether by contract or otherwise, unless such authority is expressly conferred under this Agreement or is otherwise expressly conferred in writing by City.

B. The personnel performing the Services under this Agreement on behalf of Consultant shall at all times be under Consultant’s exclusive direction and control. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall have control over the conduct of Consultant or any of Consultant’s officers, employees or agents, except as set forth in this Agreement. Consultant shall not at any time or in any manner represent that Consultant or any of Consultant’s officers, employees or agents are in any manner officials, officers, employees or agents of City.

C. Neither Consultant, nor any of Consultant’s officers, employees or agents, shall obtain any rights to retirement, health care or any other benefits which may otherwise accrue to City’s employees.

SECTION 10 – CONFLICTS OF INTEREST AND ANTI-FRAUD AND ANTICORRUPTION POLICIES A. Consultant covenants that neither it, nor any officer or principal of its firm, has or shall acquire any interest, directly or indirectly, which would conflict in any manner with the interests of City or which would in any way hinder Consultant’s performance of Services under this Agreement. Consultant further covenants that in the performance of this Agreement, no person having any such interest shall be employed by it as an officer, employee, agent, or subcontractor without the express written consent of the City Manager. Consultant agrees to at all times avoid conflicts with the interests of City in the performance of this Agreement.

B. City understands and acknowledges that Consultant is, as of the date of execution of this Agreement, independently involved in the performance of non-related Services for other governmental agencies and private parties. Consultant is aware of any stated position of City

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relative to such projects. Any future position of City on such projects shall not be considered a conflict of interest for purposes of this section.

C. Consultant understands and acknowledges City maintains an anti-fraud and anticorruption policy to protect the City, its operations, and its employees from and against financial risks, operational breaches, and unethical, fraudulent and corrupt activities. Consultant represents and warrants that Consultant, its subcontractor(s) / subconsultant(s) and their respective employees providing Services pursuant to the Agreement are (1) in good standing; (2) have not been previously investigated, convicted, or debarred for fraudulent or corrupt activities; (3) will not participate in fraudulent or corrupt activities, and (4) will take steps to ensure that its employees and subcontractor(s) / subconsultant(s) employees do not participate in any fraudulent or corrupt activities. Consultant acknowledges and agrees further that it has a duty to and will report to City any information or incident(s) about possible fraudulent or corrupt activities Consultant may discover, and will cooperate in any fraud or corruption investigation conducted, with respect to Consultant’s service provided pursuant to this Agreement.

SECTION 11 – OWNERSHIP OF DOCUMENTS
A. All original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents prepared, developed or discovered by Consultant in the course of providing any Services pursuant to this Agreement shall become the sole property of City and may be used, reused or otherwise disposed of by City without the permission of the Consultant. When requested by City, but no later than three years after project completion, Consultant shall deliver to City all such original maps, models, designs, drawings, photographs, studies, surveys, reports, data, notes, computer files, files and other documents.

B. All copyrights, patents, trade secrets, or other intellectual property rights associated with any ideas, concepts, techniques, inventions, processes, improvements, developments, works of authorship, or other products developed or created by Consultant during the course of providing Services (collectively the “Work Product”) shall belong exclusively to City. The Work Product shall be considered a “work made for hire” within the meaning of Title 17 of the United States Code. Without reservation, limitation, or condition, Consultant hereby assigns, at the time of creation of the Work Products, without any requirement of further consideration, exclusively and perpetually, any and all right, title, and interest Consultant may have in the Work Product throughout the world, including without limitation any copyrights, patents, trade secrets, or other intellectual property rights, all rights of reproduction, all rights to create derivative works, and the right to secure registrations, renewals, reissues, and extensions thereof.

SECTION 12 – CONFIDENTIAL INFORMATION; RELEASE OF

INFORMATION
A. All information gained or work product produced by Consultant in performance of this Agreement shall be considered confidential, unless such information is in the public domain or already known to Consultant. Consultant shall not release or disclose any such information or work product to persons or entities other than City without prior written authorization from the City Manager, except as may be required by law.

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B. Consultant, its officers, employees, agents or subcontractors, shall not, without prior written authorization from the City Manager or unless requested by the City Attorney of City, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement.

Response to a subpoena or court order shall not be considered “voluntary” provided consultant gives City notice of such court order or subpoena.

C. If Consultant, or any officer, employee, agent or subcontractor of Consultant, provides any information or work product in violation of this Agreement, then City shall have the right to reimbursement and indemnity from Consultant for any damages, costs and fees, including attorneys’ fees, caused by or incurred as a result of Consultant’s conduct. City acknowledges that Consultant, as a public agency is subject to the California Public Records Act (the “CPRA”) and will comply with this Agreement to the extent that it does not conflict with CPRA D. Consultant shall promptly notify City should Consultant, its officers, employees, agents or subcontractors be served with any summons, complaint, subpoena, notice of deposition, request for documents, interrogatories, request for admissions or other discovery request, court order or subpoena from any party regarding this Agreement and the work performed thereunder. City retains the right, but has no obligation, to represent Consultant or be present at any deposition, hearing or similar proceeding. Consultant agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Consultant.

However, this right to review any such response does not imply or mean the right by City to control, direct, or rewrite such response.

SECTION 13 – SUSPENSION OF WORK
City may, at any time, by ten (10) days written notice suspend further performance by Consultant. All suspensions shall extend the time schedule for performance in a mutually satisfactory manner and Consultant shall be paid for Services performed and reimbursable expenses incurred prior to the suspension date.

SECTION 14 – COMPLIANCE WITH LAW
Consultant shall keep itself informed of and comply with all applicable federal, state and local laws, statutes, codes, ordinances, regulations and rules in effect during the term of this Agreement. Consultant shall obtain any and all licenses, permits and authorizations necessary to perform the Services set forth in this Agreement. Neither City, nor any elected or appointed boards, officers, officials, employees or agents of City, shall be liable, at law or in equity, as a result of any failure of Consultant to comply with this section.

SECTION 15 – COMPLIANCE WITH CIVIL RIGHTS
During the performance of this contract, Consultant agrees as follows:

A. Equal Employment Opportunity. In connection with the execution of this Agreement, Consultant shall not discriminate against any employee or applicant for employment because of race, religion, color, ancestry, age, sexual orientation, gender, gender identity and gender expression as protected categories specifically and expressively in that category, physical

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handicap, medical condition, marital status, sex, or national origin. Such actions shall include, but not be limited to, the following: employment, promotion, upgrading, demotion, or transfer; recruitment or recruitment advertising; layoff or termination; rate of pay or other forms of compensation; and selection for training including apprenticeship.

B. Nondiscrimination Civil Rights Act of l964. Consultant will comply with all federal regulations relative to nondiscrimination to federally-assisted programs.

C. Solicitations for Subcontractors including Procurement of Materials and Equipment.

In all solicitations, either by competitive bidding or negotiations, made by Consultant for work to be performed under a subcontract, including procurement of materials or leases of equipment, each potential subcontractor, supplier, or lessor shall be notified by Consultant of Consultant’s obligations under this Agreement and the regulations relative to nondiscrimination.

SECTION 16 – COMPLIANCE WITH CALIFORNIA LABOR CODE

REQUIREMENTS
A. Consultant is aware of the requirements of California Labor Code Sections 1720 et seq. and 1770 et seq., which require the payment of prevailing wage rates and the performance of other requirements on certain “public works” and “maintenance” projects (“Prevailing Wage Laws”). If the services are being performed as part of an applicable “public works” or “maintenance” project, as defined by the Prevailing Wage Laws, and if the total compensation is $1,000 or more, Consultant agrees to fully comply with such Prevailing Wage Laws. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claims, liabilities, costs, penalties or interest arising out of any failure or alleged failure to comply with the Prevailing Wage Laws. It shall be mandatory upon the Consultant and all subconsultants to comply with all California Labor Code provisions, which include but are not limited to prevailing wages (Labor Code Sections 1771, 1774 and 1775), employment of apprentices (Labor Code Section 1777.5), certified payroll records (Labor Code Sections 1771.4 and 1776), hours of labor (Labor Code Sections 1813 and 1815) and debarment of contractors and subcontractors (Labor Code Section 1777.1). The requirement to submit certified payroll records directly to the Labor Commissioner under Labor Code section 1771.4 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Section 1771.4.

B. If the services are being performed as part of an applicable “public works” or “maintenance” project, then pursuant to Labor Code Sections 1725.5 and 1771.1, the Consultant and all subconsultants performing such services must be registered with the Department of Industrial Relations. Consultant shall maintain registration for the duration of the Project and require the same of any subconsultants, as applicable. Notwithstanding the foregoing, the contractor registration requirements mandated by Labor Code Sections 1725.5 and 1771.1 shall not apply to work performed on a public works project that is exempt pursuant to the small project exemption specified in Labor Code Sections 1725.5 and 1771.1.

C. This Agreement may also be subject to compliance monitoring and enforcement by the Department of Industrial Relations. It shall be Consultant’s sole responsibility to comply with all applicable registration and labor compliance requirements. Any stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor that affect Consultant’s

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performance of services, including any delay, shall be Consultant’s sole responsibility. Any delay arising out of or resulting from such stop orders shall be considered Consultant caused delay and shall not be compensable by the City. Consultant shall defend, indemnify and hold the City, its officials, officers, employees and agents free and harmless from any claim or liability arising out of stop orders issued by the Department of Industrial Relations against Consultant or any subcontractor.

SECTION 17 – AUDIT AND INSPECTION OF RECORDS
A. Records of Consultant’s direct labor costs, payroll costs, and reimbursable expenses pertaining to this project covered by this Agreement will be kept on a generally recognized accounting basis and made available to City if and when required for a period of up to 3 years from the date of Consultant’s final invoice.

B. Consultant shall maintain all documents and records prepared by or furnished to Consultant during the course of performing the Services for at least three (3) years following completion of the Services. Such records include, but are not limited to, correspondence, internal memoranda, technical reports and investigations, calculations, books and accounts, accounting records documenting its work under its Agreement, and invoices, payrolls, records and all other data related to matters covered by this Agreement.

C. Consultant shall permit City to audit, examine and make copies, excerpts and transcripts from such records, and the Consultant shall in no event dispose of, destroy, alter, or mutilate said books, records, accounts, and data in any matter whatsoever for three (3) years after City makes the final or last payment or within three (3) years after any pending issues between City and Consultant with respect to this Agreement are closed, whichever is later.

SECTION 18 – LIMITATION OF LIABILITY
Notwithstanding any other provision of this Agreement, in no event shall City be liable, regardless of whether any claim is based on contract or tort, for any special, consequential, indirect or incidental damages, including, but not limited to, lost profits or revenue, arising out of or in connection with this Agreement or the Services performed hereunder.

SECTION 19 – COOPERATION BY CITY
All public information, data, reports, records, and maps as are existing and available to City as public records, and which are necessary for carrying out the work as outlined in the Exhibit A, “Scope of Services”, shall be furnished to Consultant in every reasonable way to facilitate, without undue delay, the work to be performed under this Agreement.

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SECTION 20 – NOTICES
All notices required or permitted to be given under this Agreement shall be in writing and shall be personally delivered, emailed, sent by facsimile, or first class mail, addressed as follows:

To City: April Mitts, Assistant City Manager
City of St. Helena
1572 Railroad Avenue
St. Helena, California 94574
Email: [email protected]
To Consultant: Richard H. Averett Executive Director
Regional Government Services Authority
P.O. Box 1350
Carmel Valley, California 93924
Email: [email protected]
Notice shall be deemed effective on the date personally delivered or transmitted by facsimile, email, or, if mailed, three (3) days after deposit in the custody of the U.S. Postal Service.

SECTION 21 – TERMINATION
A. City or Consultant may terminate this Agreement, with or without cause, at any time by giving ten (10) days written notice of termination to the other party. If such notice is given, Consultant shall cease immediately all work in progress.

B. If either Consultant or City fail to perform any material obligation under this Agreement, then, in addition to any other remedies, either Consultant, or City may terminate this Agreement immediately upon written notice.

C. Upon termination of this Agreement by either Consultant or City, all property belonging to City which is in Consultant’s possession shall be delivered to City. Consultant shall furnish to City a final invoice for work performed and expenses incurred by Consultant, prepared as set forth in this Agreement.

SECTION 22 – ATTORNEYS’ FEES
If litigation or other proceeding is required to enforce or interpret any provision of this Agreement, the prevailing party in such litigation or other proceeding shall be entitled to an award of reasonable attorneys’ fees, costs and expenses, in addition to any other relief to which it may be entitled. In addition, any legal fees, costs and expenses incurred to enforce the provisions of this Agreement shall be reimbursed to the prevailing party.

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SECTION 23 – ENTIRE AGREEMENT
This Agreement, including the attached Exhibits, is the entire, complete, final and exclusive expression of the parties with respect to the matters addressed therein and supersedes all other agreements or understandings, whether oral or written, or entered into between Consultant and City prior to the execution of this Agreement. No statements, representations or other agreements, whether oral or written, made by any party which are not embodied herein shall be valid and binding unless in writing duly executed by the parties or their authorized representatives.

SECTION 24 – SUCCESSORS AND ASSIGNS
This Agreement shall be binding on the heirs, executors, administrators, successors and assigns of the parties. However, this Agreement shall not be assigned by Consultant without written consent of the City.

SECTION 25 – CONTINUITY OF PERSONNEL
Consultant shall make every reasonable effort to maintain the stability and continuity of Consultant’s staff assigned to perform the Services required under this Agreement. Consultant shall notify City of any changes in Consultant’s staff assigned to perform the Services required under this Agreement, prior to any such performance.

SECTION 26 – DEFAULT
In the event that Consultant is in default under the terms of this Agreement, the City shall not have any obligation or duty to continue compensating Consultant for any work performed after the date of default and may terminate this Agreement immediately by written notice to Consultant.

SECTION 27 – WAIVER
Waiver by any party to this Agreement of any term, condition, or covenant of this Agreement shall not constitute a waiver of any other term, condition, or covenant. Waiver by any party of any breach of the provisions of this Agreement shall not constitute a waiver of any other provision, or a waiver of any subsequent breach or violation of any provision of this Agreement.

Acceptance by City of any work or Services by Consultant shall not constitute a waiver of any of the provisions of this Agreement.

SECTION 28 – LAW TO GOVERN; VENUE
This Agreement shall be interpreted, construed and governed according to the laws of the State of California. In the event of litigation between the parties, venue in state trial courts shall lie exclusively in the County of Napa. In the event of litigation in a U.S. District Court, venue shall lie exclusively in the Northern District of California, in San Francisco.

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SECTION 29 – SEVERABILITY
If any term, condition or covenant of this Agreement is declared or determined by any court of competent jurisdiction to be invalid, void or unenforceable, the remaining provisions of this Agreement shall not be affected thereby and the Agreement shall be read and construed without the invalid, void or unenforceable provision(s).

SECTION 30 – THIRD PARTY BENEFICIARIES
Consultant’s subconsultants shall agree to be bound to the terms of the Agreement to the extent of their scope of Services, including but not limited to, terms regarding indemnity and dispute resolution, and shall agree that City is deemed an express third party beneficiary of their subconsultant agreements. Nothing contained in this Agreement, however, shall operate to confer such or similar rights or benefits on persons or entities not party to this Agreement.

SECTION 31 – STATUTES OF LIMITATION
As between the parties to this Agreement, any applicable statute of limitations for action arising out of, pertaining to, or relating to any act or failure to act in connection with this Agreement shall commence to run on the date of City’s issuance of the final Certificate for Payment, or termination of this Agreement, whichever is earlier, except for latent defects and/or deficiencies, for which the applicable statute of limitation shall begin to run upon discovery of the defect and/or deficiency and its cause.

SECTION 32 – SPECIAL PROVISIONS
This Agreement is subject to the following special provisions: none.

IN WITNESS WHEREOF, the parties hereto have accepted, made, and executed this Agreement upon the terms, conditions, and provisions above stated, the date first above written.

Consultant: City:

By: ________________________________ By: ________________________ Richard H. Averett Anil Comelo
Executive Director City Manager
Approved as to Form: Approved as to Form:

By: _________________________________ By: ________________________________ Name: Sky Woodruff Name: Ethan Walsh
Title: Authority Counsel Title: City Attorney

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EXHIBIT A

SCOPE OF SERVICES
Subject to the terms and conditions of this Agreement, Regional Government Services Authority (RGS) shall provide recruitment services to the City of St. Helena. Services may be provided onsite or remotely. The scope of services to be provided under this agreement may include but is not limited to the following:
1) Provide recruitment and selection services to fill Agency vacancy as agreed to by the Agency and RGS:
a) Prepare a draft job announcement and recruitment materials; b) Post recruitment and advertising, screen applications; c) Prescreening process to identify most qualified candidates; d) Administer selection processes; compile and communicate selection process results to stakeholders;
e) Coordinate stakeholder meetings as appropriate.
2) Additional projects and activities may be requested by Agency at any time and will be initiated as mutually agreed. Project scopes, timelines and cost estimates will be provided upon request. 3) The Agency will only be invoiced for the actual hours worked. The hourly bill rate does not include any direct travel costs. Such expenses which will be invoiced to the Agency at cost, and may include printing/copying fees, advertising costs, background investigation fees, online application hosting, or any other such direct costs incurred as part of this work.

RGS Advisor(s) will:
a. Perform the functions as assigned by the Lead Advisor. The Lead Advisor, serves as the Agency’s primary point of contact, and will oversee and direct projects to RGS staff as needed at his/her discretion.
b. Be reasonably available to perform the services during the normal work week. c. Meet as often as necessary for the purpose of consulting about the scope of work performed with the appropriate Agency project manager and with the RGS lead advisor.

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RGS 2022

RATE SHEET
P. O. BOX 1350 | CARMEL VALLEY, CA 93924 | 844 .587 .7300 | WWW .RGS.CA. GOV Title Hourly Rate
Chief Operating Officer $140 to $230
Deputy Chief Operating Officer $135 to $205
Senior/Lead Advisor $130 to $200
Advisor $120 to $170
Project Advisor $110 to $130
Project Coordinator $90 to $125
Technical Specialist $80 to $120
Regional Government Services may charge travel expenses at the current Federal rate for advisor travelto and from agency worksite.

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Report to the City Council
Regular City Council - 13 Sep 2022
Agenda Section: CONSENT ITEMS
Subject: Consideration and Proposed Approval of A) a Resolution Authorizing Staffing Recommendations as Follows:

1. Add Administrative Analyst Classification and
establish a salary range of $82,012 - $99,686; and

2. Increase the salary range for the Director of Public Works to $162,072 - $197,000; and

3. Reclassify the Planning & Building Director to Director of Community Development and establish a salary
range of $162,072 - $197,000; and

4. Add Human Resources Analyst Classification and
establish a salary range of $80,646 - $98,026; and

5. Freeze the Human Resources Manager for the
remainder of FY2023; and

6. Unfreeze the Parks & Trees Superintendent for the
remainder of FY2023; and

7. Increase the salary range for the Senior Civil Engineer to $127,499 - $154,976; and
B) Approval of an Amendment to a Memorandum of
Understanding Between the St. Helena Employees
Association (SHEA) and the City and approval of Amendment #12 to the Unrepresented Compensation Program; and
C) Approval of a Resolution Duly Adopting and Approving a Publicly Available Pay Schedule for St. Helena Employees Association (SHEA), Publicly Available Pay Schedule for MidManagement, and Publicly Available Pay Schedule for Executive Management - Departments Heads which Includes a Revised Salary Schedule for the Director of Public Works Classification, Reclassification of the Planning & Building Director to a Director of Community Development, and a
Revised Salary Schedule for the Reclassified Director of Community Development effective September 13, 2022.

CEQA
Determination:

Not a CEQA project
Agenda Item #9.6.

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Prepared By: Mandy Kellogg, Administrative Services Director Reviewed By: April Mitts, Assistant City Manager
Approved By: Anil Comelo, City Manager

BACKGROUND
The City requires a highly qualified team in place to pursue and implement the City Council’s priorities and subsequently needs to attract and retain qualified executive staff members. Over the course of the last several years the City has experienced significant recruiting challenges primarily due to the salary scales at the City being significantly lower than competitor agencies. The net effect of having lower compensation scales has been higher staff turn-over and delays or difficulties in filling key positions within the organization. The turnovers and vacancies in turn have resulted in loss of institutional memory and delays or lack of progress on key City Council priorities.

Lately, the City is not alone in experiencing staffing difficulties. Private and public organizations throughout the Napa Valley are experiencing similar impacts, which have resulted in a highly competitive labor market to attract talent. In order to provide competitive wages during this challenging time in recruiting staff is evaluating the compensation philosophy and analyzing other areas to attract and retain employees including, but not limited to, establishing a permanent teleworking policy with more flexibility.

DISCUSSION
To attract and retain talent at the City of St. Helena, staff is proposing amendments to the following positions:
• Administrative Records Assistant
• Planning & Building Director
• Human Resources Technician
• Parks & Trees Superintendent
• Senior Civil Engineer
• Director of Public Works
Administrative Records Assistant | Propose Administrative Analyst The City currently has an Administrative Records Assistant vacancy in the City Clerk’s division. This is a key position that supports the City Clerk with records retention and public records requests. In addition, this position assists with clerking meetings and stepping in for the City Clerk when they are unavailable. The City released a recruitment in August, which received minimal interest that did not result in a qualified candidate.

Staff surveyed 18 organizations to determine the level of support that is typical in the City Clerk’s office. Of the agencies surveyed, 15 have a Deputy City Clerk classification.

Several of the agencies also had an Administrative Analyst position that supported the Agenda Item #9.6.

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City Clerk’s office. These positions included key duties that ensured adequate support is provided to the City Clerk. Staff recommends enhancing the existing Administrative Records Assistant job duties to include the following:
• Maintain records systems and procedures to facilitate the orderly retention and disposition of records.
• As directed by the City Clerk, attend public meetings to assist the public and to help assist during City Council meetings.
• Respond to Public Records Requests including directing staff in the compilation of official records.
• Serve as system administrator for records management related software systems, including being the liaison between the City Clerk's Office and the Information Technology Division, updating and training users, overseeing system upgrades and configuration, and advising and assisting with coordinating conversions of active records systems.

Staff is also recommending that the position be reclassified to an Administrative Analyst to appropriately align the title and salary range with the additional duties.

The existing salary range for the Administrative Records Assistant is $57,841 - $70,307 annually. Staff is recommending that the City Council adopt a new salary range of $82,012 - $99,686 annually for the new classification of Administrative Analyst.

Director of Public Works | Propose Salary Augmentation
The City Council’s workplan has a substantial focus on community development and advancement of several critical capital infrastructure projects. Given the highly competitive nature of the engineering profession particularly at the Director level, staff has evaluated the existing salary scale for market competitiveness. The current top Market median salary for the Director of Public Works position is $200,868.

Staff is recommending establishing top salary for the Director of Public Works class be set at a top annual salary of $197,000 to minimize inconsistencies and ensure internal equities between the other classifications. Staff will continue to engage with the City’s compensation consultant to evaluate the executive management classification structure in Spring 2023 and will present to City Council in late spring or early summer with an updated compensation structure and updated market data.

The existing salary range for the Director of Public Works is $159,382 - $193,729 annually. Staff is recommending that the City Council adopt a new salary range of $162,072 - $197,000 annually.

Planning & Building Director | Propose Director of Community Development The City has identified the need to increase a focus on revitalization and economic development to support the City Council’s Goal #4: Ensure Long-Term Economic Sustainability while Supporting St. Helena’s Charm and Rural Character. To support this Agenda Item #9.6.

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ongoing demand, staff is recommending reclassifying the existing Planning & Building Director to a Director of Community Development. The Director of Community Development will work with the City Manager to prioritize an economic development and related strategies. The Community Development Director will be responsible for monitoring the progress of the goals identified.

The existing salary range for the Planning & Building Director is $150,402 - $182,815 annually. Staff is recommending that the City Council adopt a new salary range of $162,072 - $197,000 annually for the reclassified position of Community Development Director. This change will align the salary ranges of the Director of Public Works and Director of Community Development.

Human Resources Technician | Propose Human Resources Analyst Human Resources Manager | Propose Not Funding in FY23
The Human Resources Division of the Administrative Services Department is staffed with a Human Resources Manager and a Human Resources Technician. As of June 2022, both positions in the Human Resources division are vacant. City staff has evaluated the staffing needs of the division and is making the recommendation to enhance the Human Resources Technician to a Human Resources Analyst.

The position’s responsibilities will include, but are not limited to, professional analytical work in the administration of human resources operations recruitments, employee and labor relations, benefit administration, policy development and implementation, and leaves of absences.

The existing salary range for the Human Resources Technician is $60,530 - $73,575 annually. Staff is recommending that the City Council adopt a new salary range of $80,646 - $98,026 annually for the new classification of Human Resources Analyst.

Additionally, staff is recommending to not fund the Human Resources Manager position at this time but will reevaluate the needs of the division at a later date. Not funding the position will result in an annual salary savings of $187,344 across General, Water, and Wastewater Funds.

Parks & Trees Superintendent | Propose Funding in FY23
In Fall 2019, the City Council approved the addition of a Parks & Trees Superintendent during a reorganization of the Public Works to ensure that there was adequate leadership of each of the key divisions within Public Works. Effective leadership is vital to effectively operating each of the divisions. This position assists with the overall accountability of staff within the Parks & Trees Division.

During the FY 20/21 budget development process this position was vacant and subsequently recommended for freezing to achieve the necessary reduction in expenses to offset the loss in revenues as a result of impacts from the pandemic. The position remained frozen in both the FY 21/22 and FY 22/23 budgets. The continued lack of Agenda Item #9.6.

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leadership in the Parks & Trees division has created impacts that the City would like mitigate by unfreezing the position in FY 22/23.

The Superintendent has the key role of development and training of staff and ensuring that all safety protocols are followed. They are responsible for the administrative duties of the division, which include reporting pesticide use, playground inspections, and tree assessment reports. They will also assist with the newly adopted Integrated Pest Management Policy. The addition of the Superintendent will increase the overall level of service for City parks.

The fully burdened annual salary for the Parks & Trees Superintendent is $150,171. The overall FY 22/23 impact to funding the Parks & Trees Superintendent is $112,628, assuming that the position is filled effective October 1, 2022 with the maximum benefit package.

Senior Civil Engineer | Propose Salary Augmentation
Following the reorganization of Public Works in August 2019, the Public Works Director and City Manager continued to evaluate the organizational needs of current projects/programs to improve efficiencies in Public Works Administration as well as ensure succession planning. After review of the current Capital Improvement Projects (CIP) and programs, the City Council adopted work plan, the workload of the Public Works Director, and the fiscal impact of utilizing outside consultants to augment engineering services, the City Manager and the Public Works Director determined that a second licensed engineer would improve efficiencies in Public Works Administration. In October 2020, City Council approved adding the Senior Civil Engineer position into the FY 20/21 Operating Budget. A recruitment was released shortly thereafter but resulted in a failed recruitment. Despite multiple attempts, the City has had no viable candidates for two years!
As a result of not being able to fill the position, during FY 21/22 budget development the Senior Civil Engineer position was frozen due to impacts from the pandemic. In FY 22/23 funding was reallocated to the position and a recruitment was opened immediately upon approval. However, to date the City has yet to receive any applications or interest in the position. This is position that is in high demand throughout California resulting in competitive wages. As a result, staff is recommending an augmentation to the current salary to bring it within the 75th percentile and increase the potential candidate pool.

The existing salary range for the Senior Civil Engineer is $109,389 - $132,963 annually.

Staff is recommending that the City Council adopt a new salary range of $127,499 - $154,976 annually.

The table below provides a summary of the current total compensation (Salary and Benefits) for each of the above described positions, the proposed total compensation, and the fiscal impact to the remainder of the FY 23 budget.

Agenda Item #9.6.

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Position Current Total
Compensation
Proposed Total
Compensation
FY23 Budget
Impact
Administrative Records
Assistant to
Administrative Analyst
$104,252 $144,548 $40,296
Director of Public Works $240,514 $258,841 $18,327
Planning & Building
Director to Director of
Community Development
$225,321 $240,629 $15,308
Human Resources
Technician to Human
Resources Analyst
$118,978 $145,242 $26,264
Human Resources
Manager $187,344 $ - ($187,344)
Parks & Trees
Superintendent $ - $112,628 $112,628
Senior Civil Engineer $191,264 $219,063 $27,799
Net Impact $53,278

FISCAL IMPACT
The overall impact is $53,278 as follows:
• Increase to the General Fund of $74,352
• Decrease to the Water Fund of $12,549
• Decrease to the Wastewater Fund of $8,525
General Fund balance will be utilized to cover the increased cost to the General Fund.

Below is a summary of the impact on the Net position:

General Fund Estimated Unassigned Net Position
Revised Estimated Unassigned Net Position $8,977,480
Percent of Expenses Based on Total Net Position 48%
WWTP Contingency (Interfund Loan, if needed) ($2,000,000) Revised Estimated Unassigned Net Position $6,977,480
Percent of Expenses Based on Total Net Position 37%

RECOMMENDED ACTION
Approve the attached resolution.

ATTACHMENTS
Attachment 1 - Resolution Staffing Recommendations
Attachment 2 - FY22-23 SHEA Salary Schedule Effective 2022.09.13 Attachment 3 - FY22-23 MidManagment Salary Schedule Effective 2022.09.13 Agenda Item #9.6.

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Attachment 4 - FY22-23 Executive - Department Heads Salary Schedule Effective 2022.09.13
Attachment 5 - SHEA MOU 2022.09.13 Full Document Redline Version Attachment 6 - SHEA MOU 2022.09.13 Full Document Clean Version Attachment 7 - Eleventh Amendment Unrepresented Comp Program 2022-09-13 Redline Version
Attachment 8 - Eleventh Amendment Unrepresented Comp Program 2022-09-13 Clean Version
Agenda Item #9.6.

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CITY OF ST. HELENA
RESOLUTION NO. 2022-

APPROVAL OF A) STAFFING RECOMMENDATIONS

B) AN AMENDMENT TO THE MEMORANDUM OF
UNDERSTANDING BETWEEN THE ST. HELENA

EMPLOYEES ASSOCIATION (SHEA) AND THE CITY
AND AMENDMENT #12 TO THE UNREPRESENTED

COMPENSATION PROGRAM, AND C) DULY

ADOPTING AND APPROVING PUBLICLY

AVAILABLE PAY SCHEDULE IN ACCORDANCE

WITH THE REQUIREMENT OF CALIFORNIA CODE
OF REGULATIONS, TITLE 3, SECTION 570.5.

RECITALS
A. The City requires a highly qualified team in place to pursue and implement the City Council’s priorities and subsequently needs to attract and retain qualified executive staff members; and
B. Over the course of the last several years the City has experienced significant recruiting challenges primarily due to the salary scales at the City being significantly lower than competitor agencies; and
C. To attract and retain talent at the City of St. Helena the City Manager made the following staffing recommendations:

1. Add Administrative Analyst Classification and establish a salary range of $82,012 - $99,686; and

2. Increase the salary range for the Director of Public Works to $162,072 - $197,000; and

3. Reclassify the Planning & Building Director to Director of Community Development and establish a salary range of $162,072 - $197,000; and

4. Add Human Resources Analyst Classification and establish a salary range of $80,646 - $98,026; and

5. Freeze the Human Resources Manager for the remainder of FY2023; and

6. Unfreeze the Parks & Trees Superintendent for the remainder of FY2023; and

7. Increase the salary range for the Senior Civil Engineer to $127,499 - $154,976; and
Agenda Item #9.6.

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D. The City of St. Helena contracts with the California Public Employee Retirement System (“CalPERS”) to provide retirement benefits for its employees; and E. Pursuant to California Code of Regulations, Title 2, Section 570.5, CalPERS requires governing bodies of local agencies contracting with CalPERS to approve and adopt a publicly available pay schedule in accordance with public meeting laws; and
F. On September 13, 2022, via this resolution City Council is ratifying an amendment to the three-year agreement with the SHEA which includes the addition of the new classifications of Administrative Analyst and Human Resources Analyst and the Amendment #12 to the Unrepresented Compensation Program to include the reclassification of the Planning & Building Director to Director of Community Development; and
G. Staff updated the pay scale with an effective date of September 13, 2022.

RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:

1. The Council hereby approves staffing recommendations as follows:
a. Addition of Administrative Analyst Classification and establish a salary range of $82,012 - $99,686; and
b. Increase the salary range for the Director of Public Works to $162,072 - $197,000; and
c. Reclassify the Planning & Building Director to Director of Community Development and establish a salary range of $162,072 - $197,000; and d. Addition Human Resources Analyst Classification and establish a salary range of $80,646 - $98,026; and
e. Freeze the Human Resources Manager for the remainder of FY2023; and f. Unfreeze the Parks & Trees Superintendent for the remainder of FY2013; and
g. Increase the salary range for the Senior Civil Engineer to $127,499 - $154,976
h. A budget adjustment to the related salary and benefit GL accounts as follows:
i. Increase to the General Fund of $74,352
ii. Decrease to the Water Fund of $12,549
iii. Decrease to the Wastewater Fund of $8,525

2. That the City of St. Helena Publicly Available Salary Schedule which includes a revised salary schedule for members included in the SHEA MOU and Unrepresented Compensation Program and contained in Attachment 2, Attachment 3, and Attachment 4 is hereby approved and adopted in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5; and
Agenda Item #9.6.

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3. That the revised City of St. Helena Publicly Available Salary Schedule makes no changes to the salary schedules for other classifications; and

4. That the City of St. Helena Publicly Available Salary Schedule will be posted on the City’s website and will be made available for public inspection for not less than five years; and

5. Approves the amendment to the SHEA MOU to include the Administrative Analyst and Human Resources Analyst classifications and Amendment #12 to the Unrepresented Compensation Program to include the reclassification of the Planning & Building Director to the Director of Community Development.

Approved at a regular meeting of the St. Helena City Council on September 13, 2022 by the following vote:

Mayor Ellsworth: _____
Vice Mayor Dohring: _____
Councilmember Chouteau: _____
Councilmember Hall: _____
Councilmember Hardy: _____
APPROVED: ATTEST:
______________________ ________________________
Geoff Ellsworth, Mayor Cindy Tzafopoulos, City Clerk
Agenda Item #9.6.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Position Timebase* A B C D E
Office Assistant Annual 48,194 50,604 53,134 55,791 58,580 Monthly 4,016 4,217 4,428 4,649 4,882 Hourly 23.17 24.33 25.55 26.82 28.16 Library Associate I Annual 49,092 51,547 54,124 56,831 59,672 Monthly 4,091 4,296 4,510 4,736 4,973 Hourly 23.60 24.78 26.02 27.32 28.69 Maintenance Worker I Annual 53,502 56,177 58,986 61,935 65,032 Buildings & Streets; Parks & Trees Monthly 4,458 4,681 4,915 5,161 5,419 Hourly 25.72 27.01 28.36 29.78 31.27 Library Associate II Annual 54,027 56,728 59,564 62,543 65,670 Monthly 4,502 4,727 4,964 5,212 5,472 Hourly 25.97 27.27 28.64 30.07 31.57 Maintenance Worker I ‐ Annual 55,678 58,462 61,385 64,455 67,677 Utilities Monthly 4,640 4,872 5,115 5,371 5,640 Hourly 26.77 28.11 29.51 30.99 32.54 Plant Operator in Training Annual 56,158 58,966 61,914 65,010 68,261 Monthly 4,680 4,914 5,160 5,418 5,688 Hourly 27.00 28.35 29.77 31.25 32.82 Permit Technician I Annual 56,500 59,325 62,291 65,406 68,676 Planning; Building Monthly 4,708 4,944 5,191 5,450 5,723 Hourly 27.16 28.52 29.95 31.44 33.02 Accounting Technician I Annual 57,613 60,493 63,518 66,694 70,029 Monthly 4,801 5,041 5,293 5,558 5,836 Hourly 27.70 29.08 30.54 32.06 33.67 Administrative Assistant Annual 57,831 60,722 63,759 66,946 70,294 Monthly 4,819 5,060 5,313 5,579 5,858 Hourly 27.80 29.19 30.65 32.19 33.80 Maintenance Worker II Annual 58,850 61,793 64,883 68,127 71,533 Buildings & Streets; Parks & Trees Monthly 4,904 5,149 5,407 5,677 5,961 Hourly 28.29 29.71 31.19 32.75 34.39 Senior Library Associate Annual 59,403 62,373 65,492 68,766 72,205 Monthly 4,950 5,198 5,458 5,731 6,017 Hourly 28.56 29.99 31.49 33.06 34.71 Librarian I Annual 60,690 63,725 66,911 70,257 73,770 Monthly 5,058 5,310 5,576 5,855 6,147 Hourly 29.18 30.64 32.17 33.78 35.47 Maintenance Worker II ‐ Annual 61,251 64,313 67,529 70,905 74,451 Utilities Monthly 5,104 5,359 5,627 5,909 6,204 Hourly 29.45 30.92 32.47 34.09 35.79 St. Helena Employee Association ‐ Miscellaneous Group
Approved and Adopted September 13, 2022
FY 2022‐2023
Steps
Addition of Administrative Analayst and Human Resources Analyst classifications effective September 13, 2022 Administrative Services Department Page 1 9/8/2022
Agenda Item #9.6.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted September 13, 2022
FY 2022‐2023
Addition of Administrative Analayst and Human Resources Analyst classifications effective September 13, 2022 Permit Technician II Annual 62,146 65,253 68,516 71,941 75,538 Planning; Building Monthly 5,179 5,438 5,710 5,995 6,295 Hourly 29.88 31.37 32.94 34.59 36.32 Administrative Records Assistant Annual 62,353 65,470 68,744 72,181 75,790 Monthly 5,196 5,456 5,729 6,015 6,316 Hourly 29.98 31.48 33.05 34.70 36.44 Accounting Technician II Annual 63,377 66,546 69,873 73,367 77,035 Monthly 5,281 5,545 5,823 6,114 6,420 Hourly 30.47 31.99 33.59 35.27 37.04 Human Resources Technician (6) Annual 63,557 66,734 70,071 73,575 77,253 Monthly 5,296 5,561 5,839 6,131 6,438 Hourly 30.56 32.08 33.69 35.37 37.14 Executive Assistant Annual 63,620 66,800 70,140 73,648 77,330 Monthly 5,302 5,567 5,845 6,137 6,444 Hourly 30.59 32.12 33.72 35.41 37.18 Environmental Services Technician I Annual 63,623 66,804 70,144 73,651 77,334 Monthly 5,302 5,567 5,845 6,138 6,444 Hourly 30.59 32.12 33.72 35.41 37.18 Plant Operator I Annual 64,615 67,846 71,238 74,800 78,540 Water; Wastewater Monthly 5,385 5,654 5,936 6,233 6,545 Hourly 31.06 32.62 34.25 35.96 37.76 Lead Maintenance Worker Annual 64,741 67,978 71,377 74,946 78,693 Buildings & Streets; Parks & Trees Monthly 5,395 5,665 5,948 6,245 6,558 Hourly 31.13 32.68 34.32 36.03 37.83 Librarian II Annual 66,754 70,092 73,597 77,277 81,140 Monthly 5,563 5,841 6,133 6,440 6,762 Hourly 32.09 33.70 35.38 37.15 39.01 Lead Maintenance Worker ‐ Annual 67,373 70,742 74,279 77,993 81,893 Underground Utilities Monthly 5,614 5,895 6,190 6,499 6,824 Hourly 32.39 34.01 35.71 37.50 39.37 Permit Technician III Annual 68,364 71,782 75,371 79,140 83,097 Planning; Building Monthly 5,697 5,982 6,281 6,595 6,925 Hourly 32.87 34.51 36.24 38.05 39.95 Senior Accounting Technician Annual 69,708 73,193 76,853 80,695 84,730 Monthly 5,809 6,099 6,404 6,725 7,061 Hourly 33.51 35.19 36.95 38.80 40.74 Environmental Services Technician II Annual 69,979 73,478 77,152 81,010 85,060 Monthly 5,832 6,123 6,429 6,751 7,088 Hourly 33.64 35.33 37.09 38.95 40.89 Plant Operator II Annual 71,044 74,596 78,326 82,242 86,354 Monthly 5,920 6,216 6,527 6,853 7,196 Hourly 34.16 35.86 37.66 39.54 41.52 Administrative Services Department Page 2 9/8/2022
Agenda Item #9.6.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted September 13, 2022
FY 2022‐2023
Addition of Administrative Analayst and Human Resources Analyst classifications effective September 13, 2022 Assistant Planner Annual 73,295 76,960 80,808 84,848 89,090 Monthly 6,108 6,413 6,734 7,071 7,424 Hourly 35.24 37.00 38.85 40.79 42.83 Senior Librarian Annual 73,425 77,096 80,951 84,999 89,249 Monthly 6,119 6,425 6,746 7,083 7,437 Hourly 35.30 37.07 38.92 40.86 42.91 Plant Operator III Annual 74,595 78,324 82,241 86,353 90,670 Water; Wastewater Monthly 6,216 6,527 6,853 7,196 7,556 Hourly 35.86 37.66 39.54 41.52 43.59 Recreation Supervisor Annual 75,793 79,583 83,562 87,740 92,127 Monthly 6,316 6,632 6,963 7,312 7,677 Hourly 36.44 38.26 40.17 42.18 44.29 Fire Inspector Annual 76,954 80,802 84,842 89,084 93,539 Monthly 6,413 6,734 7,070 7,424 7,795 Hourly 37.00 38.85 40.79 42.83 44.97 Junior Engineer Annual 77,175 81,034 85,085 89,340 93,807 Monthly 6,431 6,753 7,090 7,445 7,817 Hourly 37.10 38.96 40.91 42.95 45.10 Associate Planner Annual 80,622 84,653 88,885 93,330 97,996 Monthly 6,718 7,054 7,407 7,777 8,166 Hourly 38.76 40.70 42.73 44.87 47.11 Human Resources Analyst (6) Annual 80,646 84,678 88,912 93,358 98,026 Monthly 6,721 7,057 7,409 7,780 8,169 Hourly 38.77 40.71 42.75 44.88 47.13 Administrative Analyst Annual 82,012 86,113 90,418 94,939 99,686 Monthly 6,834 7,176 7,535 7,912 8,307 Hourly 39.43 41.40 43.47 45.64 47.93 Buildings & Streets Superintendent Annual 82,236 86,348 90,665 95,198 99,958 Parks & Trees Superintendent Monthly 6,853 7,196 7,555 7,933 8,330 Hourly 39.54 41.51 43.59 45.77 48.06 Underground Utilities Annual 85,853 90,146 94,653 99,386 104,355 Superintendent Monthly 7,154 7,512 7,888 8,282 8,696 Hourly 41.28 43.34 45.51 47.78 50.17 Assistant Engineer Annual 89,136 93,592 98,272 103,186 108,345 Monthly 7,428 7,799 8,189 8,599 9,029 Hourly 42.85 45.00 47.25 49.61 52.09 Chief Plant Operator Annual 89,533 94,009 98,710 103,645 108,828 Water; Wastewater Monthly 7,461 7,834 8,226 8,637 9,069 Hourly 43.04 45.20 47.46 49.83 52.32 Associate Civil Enginner Annual 98,057 102,960 108,108 113,514 119,189 Monthly 8,171 8,580 9,009 9,459 9,932 Hourly 47.14 49.50 51.98 54.57 57.30 Administrative Services Department Page 3 9/8/2022
Agenda Item #9.6.

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CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted September 13, 2022
FY 2022‐2023
Addition of Administrative Analayst and Human Resources Analyst classifications effective September 13, 2022 who are certified as fluent only in verbal Spanish language will receive a 2.5% pay differential that is added to the employee's base salary. (1) Longevity Pay ‐ Employees are eligible to receive longevity based on continuous years of employment according to the dates and rates below:
5 years ‐ 2.5% of base salary
10 years ‐ 5.0% of base salary
15 years ‐ 7.5% of base salary
20 years ‐ 10.0% of base salary
(2) Bilingual Pay ‐ Employees who are certified as fluent in both written and verbal Spanish language will receive a 5% pay differential that is added to the employee's base (3) Standby Pay ‐ Shall be paid at a rate of $525.00 per week to those employees in the Public Works Department who are required to be on Standby for an entire week (Friday (4) Certification Pay ‐ $50.00 per month for each governmental certificate or licensing as follow:
"Operator Cross‐certification" (Class I or above) for employees assigned to the Water Treatment Plant or Wastewater Treatment Plant, enabling those employees to perform other plant.

A necessary pesticide certificate, for Public Works employees responsible for pesticide applications programs for the city. the following at Friday 7:00 a.m.). If a holiday falls on the Friday at the end of the standby period the employee shall receive an additional $100.00 for the extension of the assignment. The same would apply if the holiday fall on a Friday at the beginning of the standby period and the employee would be on call from Thursday through the Certification for back‐flow prevention devices for Public Works employees.

Playground Inspection Certification for employees working in the Parks Division.

Arborist Certificate for employees working in the Parks Division.

Wastewater Collections Certificate for employees working in the Wastewater Collections/Sewer Division. (5) Uniform Allowance as follow:
(6) Confidential Positions receive a 3% pay differential that is added to the employee's base salary. Confidential as defined is an employee having access in the course of his/her confidential information on the employer's labor relations and consequently excludable from holding Association office and/or divulging confidential employer information *Annual timebase payrate is rounded up to the nearest whole dollar, while all other timebase payrates are rounded to the nearest cent Employees assigned to Water Distribution and Public Works ‐ $35.49 per pay period.

Employees assigned to Parks‐Trees‐Buildings ‐ $33.06 per pay period.

Employees assigned to the Wastewater Treatment Plant (Chief Plant Operator and Plant Operator II) ‐ $9.29 per pay period.

Employees assigned to the Wastewater Treatment Plant (Plant Operator III) ‐ $5.79 per pay period.

Employees assigned to the Water Treatment Plant ‐ $11.49 per pay period.

Administrative Services Department Page 4 9/8/2022
Agenda Item #9.6.

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Position Timebase* ABCDE
Management Analyst Annual 83,399 87,569 91,948 96,545 101,372 Monthly 6,950 7,297 7,662 8,045 8,448 Hourly 40.10 42.10 44.21 46.42 48.74 Senior Management Analyst Annual 91,195 95,754 100,542 105,569 110,848 Monthly 7,600 7,980 8,379 8,797 9,237 Hourly 43.84 46.04 48.34 50.75 53.29 Public Works Assistant Operations Manager Annual 97,310 102,176 107,284 112,649 118,281 Monthly 8,109 8,515 8,940 9,387 9,857 Hourly 46.78 49.12 51.58 54.16 56.87 Senior Planner Annual 99,248 104,211 109,421 114,892 120,637 Monthly 8,271 8,684 9,118 9,574 10,053 Hourly 47.72 50.10 52.61 55.24 58.00 Public Works Operations Manager Annual 106,847 112,190 117,799 123,689 129,873 Monthly 8,904 9,349 9,817 10,307 10,823 Hourly 51.37 53.94 56.63 59.47 62.44 Senior Civil Engineer Annual
Monthly
Hourly
Lieutenant Annual 115,026 120,777 126,816 133,157 139,815 Monthly 9,586 10,065 10,568 11,096 11,651 Hourly 55.30 58.07 60.97 64.02 67.22 Chief Building Official Annual 116,740 122,577 128,706 135,141 141,898 Monthly 9,728 10,215 10,725 11,262 11,825 Hourly 56.13 58.93 61.88 64.97 68.22 Treatment Plant Manager Annual 10ϳ ,84ϵ 11ϯ͕Ϯϰϭ 11ϴ͕ϵϬϯ 12ϰ͕ϴϰϴ 1ϯϭ͕Ϭϵϭ Monthly 8,9ϴϳ 9͕ϰϯϳ 9, ϵϬϵ 10, ϰϬϰ 10,ϵϮϰ Hourly 51.ϴϱ 5ϰ.ϰ4 5ϳ͘ϭϲ ϲϬ͘ϬϮ 6ϯ͘ϬϮ Assistant Public Works Director Annual 127,499 133,874 140,568 147,596 154,976 Monthly 10,625 11,156 11,714 12,300 12,915 Hourly 61.30 64.36 67.58 70.96 74.51 Confidential Positions
Management Analyst(1) Annual 83,399 87,569 91,948 96,545 101,372 Monthly 6,950 7,297 7,662 8,045 8,448 Hourly 40.10 42.10 44.21 46.42 48.74 CITY OF ST. HELENA PUBLICY AVAILABLE SALARY SCHEDULE
MidͲManagement Exempt
Approved and Adopted September 13, 2022
Includes adjustment to the Senior Civil Engineer Salary Range effective September 13, 2022 FY 2022Ͳ2023
Steps
127,499 133,874 140,568 147,596 154,976 10,625 11,156 11,714 12,300 12,915 61.30 64.36 67.58 70.96 74.51 Agenda Item #9.6.

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Position Timebase* ABCDE
CITY OF ST. HELENA PUBLICY AVAILABLE SALARY SCHEDULE
MidͲManagement Exempt
Approved and Adopted July 26, 2022
FY 2022Ͳ2023
Steps
Senior Management Analyst (1) Annual 91,195 95,754 100,542 105,569 110,848 Monthly 7,600 7,980 8,379 8,797 9,237 Hourly 43.84 46.04 48.34 50.75 53.29 Administrative Services Manager(1) Annual 106,341 111,658 117,241 123,103 129,258 Monthly 8,862 9,305 9,770 10,259 10,771 Hourly 51.13 53.68 56.37 59.18 62.14 Assistant to City Manager (1) Annual 106,341 111,658 117,241 123,103 129,258 Monthly 8,862 9,305 9,770 10,259 10,771 Hourly 51.13 53.68 56.37 59.18 62.14 Finance Manager(1) Annual 106,341 111,658 117,241 123,103 129,258 Monthly 8,862 9,305 9,770 10,259 10,771 Hourly 51.13 53.68 56.37 59.18 62.14 Human Resources Manager(1) Annual 106,341 111,658 117,241 123,103 129,258 Monthly 8,862 9,305 9,770 10,259 10,771 Hourly 51.13 53.68 56.37 59.18 62.14 Assistant Administrative Services Director (1) Annual 123,176 129,334 135,801 142,591 149,721 Monthly 10,265 10,778 11,317 11,883 12,477 Hourly 59.22 62.18 65.29 68.55 71.98 *Annual timebase payrate is rounded up to the nearest whole dollar, while all other timebase payrates are rounded to the nearest cent. (1) Confidential Positions receive a 3% pay differential that is added to the employee's base salary. Confidential as defined is an employee having access in the course of his/her duties to confidential information on the employer's labor relations and consequently excludable from holding Association office and/or divulging confidential employer information to the Association.

Agenda Item #9.6.

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Position Timebase* A B C D E
City Clerk Annual            109,065            114,518            120,244            126,256            132,569 Monthly 9,089                                9,543              10,020              10,521              11,047 Hourly 52.43                                55.06                57.81                60.70                63.73 Library Director Annual            133,446            140,118            147,124            154,480            162,204 Monthly 11,121                            11,677              12,260              12,873              13,517 Hourly 64.16                                67.36                70.73                74.27                77.98 Parks & Recreation Director Annual            135,908            142,703            149,839            157,330            165,197 Monthly 11,326                            11,892              12,487              13,111              13,766 Hourly 65.34                                68.61                72.04                75.64                79.42 Administrative Services Director Annual            143,233            150,395            157,914            165,810            174,101 Monthly 11,936                            12,533              13,160              13,818              14,508 Hourly 68.86                                72.31                75.92                79.72                83.70 Fire Chief (1) Annual            190,060
Monthly              15,838
Hourly                91.38
Police Chief Annual            159,945            167,942            176,339            185,156            194,414 Monthly 13,329                            13,995              14,695              15,430              16,201 Hourly 76.90                                80.74                84.78                89.02                93.47 Director of Community Development Annual            162,072            170,176            178,684            187,619            197,000 Monthly 13,506                            14,181              14,890              15,635              16,417 Hourly 77.92                                81.82                85.91                90.20                94.71 Director of Public Works Annual            162,072            170,176            178,684            187,619            197,000 Monthly 13,506                            14,181              14,890              15,635              16,417 Hourly 77.92                                81.82                85.91                90.20                94.71 Assistant City Manager Annual            172,768            181,406            190,477            200,001            210,001 Monthly 14,397                            15,117              15,873              16,667              17,500 Hourly 83.06                                87.21                91.58                96.15              100.96 City Manager(1) Annual            235,072
Monthly              19,589
Hourly              113.02
(1) Salaries do not have a scale.
*Annual and monthly timebase payrates are rounded to the nearest whole dollar, while hourly timebase payrate is rounded to the nearest cent.

Steps
CITY OF ST. HELENA PUBLICY AVAILABLE SALARY SCHEDULE
Executive Management ‐ Department Heads
Approved and Adopted September 13, 2022
FY 2022‐2023
Includes reclassification of Planning & Building Director to Director of Community and updated Salary Ranges for Director of Public Works and Community Development Director
Agenda Item #9.6.

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MEMORANDUM OF UNDERSTANDING

BETWEEN
ST. HELENA EMPLOYEES ASSOCIATION
AND
CITY OF ST. HELENA

FOR THE PERIOD
JULY 1, 2022 THROUGH JUNE 30, 2025
Agenda Item #9.6.

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St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

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TABLE OF CONTENTS
ARTICLE 1: PREAMBLE………………………………………………………………. 6
ARTICLE 2: RECOGNITION…………………………………………………………… 7
ARTICLE 3: ASSOCIATION & CITY RIGHTS………………………………………... 8 A. ASSOCIATION RIGHTS………………………………………………... 8
B. CITY RIGHTS……………………………………………………………. 8
ARTICLE 4: DEFINITIONS……………………………………………………………... 10
ARTICLE 5: HOURS OF WORK & SCHEDULES…………………………………… 13
A. BUSINESS HOURS…………………………………………………….. 13
B. HOURS OF WORK………………………………………………...…. 13
C. FLEX SCHEDULE………………………………………………… ………13

1. Eligibility………………………………………………………... 13

2. Schedule………………………………………………………..... 14
D. MEAL BREAKS………………………………………………………... 15
E. REST BREAKS…………………………………………………………. 15
F. SHEA ATTENDANCE AT BUDGET MEETINGS………………….. 16
ARTICLE 6: PERSONNEL MATTERS………………………………………………... 17
A. PROBATIONARY PERIOD……………………………………………. 17

1. Probationary Period……………………………………………... 17

2. Termination during Probationary Period………………………... 17

3. Extension of Probationary Period……………………………….. 17
B. EMPLOYEE EVALUATIONS…………………………………………. 17
ARTICLE 7: PAY PLAN……………………………………………………………….. 18
A. SALARY SCHEDULE…………………………………………………. 18

1. 2022 Salary Schedule Increase …………………………………. 18

2. 2023 Salary Schedule Increase………………………………….. 18

3. 2024 Salary Schedule Increase………………………………….. 18
B. EQUITY ADJUSTMENTS……………………………………………... 18
C. SALARY UPON APPOINTMENT…………………………………….. 18
D. STEP INCREASES……………………………………………………... 19

1. Steps……………………………………………………………... 19

2. Qualifications for Step Increase…………………………………. 19
E. COST OF LIVING ADJUSTMENT……………………………………. 19
F. HOURLY RATES………………………………………………………. 19
G. OVERTIME…………………………………………………………....... 19

1. General Policy…………………………………………………… 19

2. Overtime Compensation………………………………………… 20
Agenda Item #9.6.

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3. Compensatory Time Off………………………………………… 20

4. Overtime Meal…………………………………………………... 20
H. HOLIDAY PAY ON HOLIDAYS…...…………………………………. 20
I. STANDBY PAY………………………………………………………… 20
J. MINIMUM CALLOUT TIME………………………………………….. 21
K. LONGEVITY PAY……………………………………………………... 21
L. BILINGUAL PAY…………………………..…………………………... 21
M. OUT-OF-CLASS PAY…………………………………………………. 21
N. REPORTING TIME WORKED………………………………………... 22
O. SHIFT DIFFERENTIAL………………………………………………… 22
ARTICLE 8: TIME OFF AND LEAVES OF ABSENCE……………………………… 23 A. VACATION LEAVE……………………………………………………. 23

1. Rate of Accrual or Award……………………………………….. 23

2. Administration…………………………………………………... 24
B. HOLIDAYS……………………………………………………………... 24

1. Holidays…………………………………………………………. 24

2. Exceptions……………………………………………………….. 24

3. Observance………………………………………………………. 24

4. Holiday Pay……………………………………………………… 25
C. PERSONAL CONVENIENCE HOLIDAY…………………………….. 25
D. SICK LEAVE AND FITNESS FOR
DUTY……………………………………………………………………. 25

1. Accrual and Use………………………………………………..… 25

2. Administration/Fitness for Duty………………………………….. 25

3. Reason for Granting……………………………………………... 26

4. Limitations and Related Provisions……………………….……… 26

5. Sick Leave Abuse……………………………………………….. 27

6. Pay-out of Sick Leave at Termination of Employment………… 27 E. BEREAVEMENT LEAVE……………………………………………… 27
F. JURY OR WITNESS DUTY……………………………………………. 28
G. ADMINISTRATIVE LEAVE WITH PAY……………………………... 28
H. DISCRETIONARY LEAVE WITHOUT PAY…………………………. 28

1. Permissible Reasons for Leave………………………………….. 28

2. Procedure………………………………………………………... 28

3. Regulation Relative to Discretionary Leave Without Pay………. 28 I. PREGNANCY DISABILITY LEAVE………………………………….. 29
J. CFRA AND FMLA LEAVE…………………………………………….. 29
ARTICLE 9: CERTIFICATION AND OTHER BENEFITS….……………………….. 30 A. SPECIALIZED SCHOOLS AND TRAINING…………………………. 30

1. Specialized Schools and Training……………………………….. 30

2. Certification Pay………………………………………………… 30
B. UNIFORMS……………………………………………………………... 31
C. TOOLS AND EQUIPMENT……………………………………………. 32
Agenda Item #9.6.

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St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

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ARTICLE 10: HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE……….. 33 A. HEALTH INSURANCE………………………………………………… 33
B. DENTAL INSURANCE………………………………………………… 33
C. VISION INSURANCE………………………………………………….. 33
D. LIFE INSURANCE……………………………………………………... 33
E. SUPPLEMENTAL LIFE INSURANCE...……………………………… 33
F. DISABILITY INSURANCE…………………………………………… 33
ARTICLE 11: RETIREMENT, SOCIAL SECURITY, DEFERRED COMPENSATION A. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS)…………… 34 B. SOCIAL SECURITY PAYMENT…………………………………….… 37
C. DEFERRED COMPENSATION PLAN ……………………………….. 37
D. CAFETERIA PLAN DEPENDENT CARE ASSITANCE……………… 37
ARTICLE 12: BENEFITS ON TERMINATION/RETIREMENT……………………... 38 A. COBRA CONTINUATION…………………………………………….. 38
B. CONTINUATION OF CERTAIN INSURANCE POLICIES………….. 38

1. Conditions……………………………………………………….. 38

2. Use of Accrued Sick Leave, Vacation Leave and Comp Time to Offset Premiums…………………………………………………… 38
ARTICLE 13: GRIEVANCE PROCEDURE…………………………………………… 39
A. GRIEVANCE DEFINED…..…………………………………………… 39
B. PROCEDURE…………………………………………………………… 39

1. Step 1: Information Discussion………………………………….. 39

2. Step 2: Department Head Determination………………………... 39

3. Step 3: City Manager Review…………………………………… 39

4. Step 4: City Council Review…………………………………….. 40
C. DEADLINES……………………………………………………………. 40
ARTICLE 14: RESIGNATION, TERMINATION AND DISCIPLINARY ACTION… 41 A. RESIGNATION…………………………………………………………. 41
B. EXIT INTERVIEW……………………………………………………... 41
C. DISCIPLINARY AUTHORITY………………………………………... 41
D. PROBATIONARY EMPLOYEES…………………………………………41
E. DISCIPLINARY ACTIONS……………………………………………. 41

1. Reprimand……………………………………………………….. 42

2. Suspension………………………………………………………. 42

3. Reduction in Salary……………………………………………… 42

4. Demotion..………………………………………………………. 42

5. Dismissal………………………………………………………… 43
F. DISCIPLINARY PROCEDURE………………………………………... 43

1. Initial Investigation……………………………………………… 43

2. Notice of Proposed Discipline…………………………………... 43

3. Proposed Discipline Deferred…………………………………… 44
Agenda Item #9.6.

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4. Pre-Disciplinary (Skelly) Hearing………………………………. 44

5. Notice of Disciplinary Action…………………………………… 44

6. Paid Administrative Leave………………………………………. 44

7. Exclusions……………………………………………………….. 44
G. APPEAL………………………………………………………………… 44

1. Right of Appeal………………………………………………….. 44

2. Procedure………………………………………………………... 45

3. Appointment of Hearing Panel.…………………………………. 45

4. Pre-Hearing Matters……………………………………………... 45

5. Conduct of Hearing……………………………………………… 45

6. Findings of the Panel……………………………………….. 46

7. Decision of the City Manager………………………………. 46
H. REASONS FOR REPRIMAND, DISCIPLINE, DEMOTION,
SUSPENSION OR DISCHARGE INCLUDE………………………….. 46
ARTICLE 15: LAYOFF PROCEDURE………………………………………………… 49
ARTICLE 16: SEPARABILITY………………………………………………………... 50
ARTICLE 17: TERM & COMPLETION OF
NEGOTIATIONS………………………………………………………… 51
ARTICLE 18: SIGNATURES…………………………………………………………... 52
Agenda Item #9.6.

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St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

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ARTICLE 1

PREAMBLE
This Memorandum of Understanding (MOU) is made and entered into between the City of St. Helena, hereinafter referred to as “City,” and the St. Helena Employees Association, hereinafter referred to as “Association,” pursuant to the Meyers-Milias-Brown Act (MMBA), California Government Code Section 3500 et. seq. This includes meeting and conferring on matters which have the potential to affect wages, hours, and other terms and conditions of employment. The purpose of this MOU is the establishment of rates of compensation, hours of work and other terms and conditions of employment.

Employees subject to this MOU are also covered by the City of St. Helena’s Employee Handbook currently in effect (Employee Handbook) and related City policies and procedures. In the event of a conflict between this MOU and the Employee Handbook or other City policies or procedures, the MOU shall control.

Agenda Item #9.6.

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ARTICLE 2

RECOGNITION
The City recognizes the Association as the recognized and exclusive representative for the following full-time classifications and the corresponding job descriptions (part-time positions are not included in the bargaining unit represented by the Association):
- Accounting Technician I, II
- Administrative Analyst
- Administrative Assistant
- Administrative Records Assistant
- Assistant Engineer
- Assistant Planner
- Associate Engineer
- Associate Planner
- Buildings & Streets Superintendent
- Chief Plant Operator - Water & Wastewater
- Environmental Services Technician I, II
- Executive Assistant
- Fire Inspector
- Human Resources Analyst (Confidential)
- Human Resources Technician (Confidential)
- Junior Engineer
- Lead Maintenance Worker
- Lead Maintenance Worker – Underground Utilities
- Librarian I, II
- Library Associate I, II
- Maintenance Worker I, II
- Maintenance Worker I, II – Underground Utilities
- Office Assistant
- Parks & Trees Superintendent
- Permit Technician I, II, III
- Plant Operator I, II, III - Water & Wastewater
- Plant Operator in Training - Water & Wastewater
- Recreation Supervisor
- Senior Accounting Technician
- Senior Librarian
- Senior Library Associate
- Underground Utilities Superintendent
Agenda Item #9.6.

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ARTICLE 3

ASSOCIATION & CITY RIGHTS
A. ASSOCIATION RIGHTS.

The Association shall have the following rights and responsibilities:

1. Reasonable advance notice of any City ordinance, rules, resolution or regulation directly relating to matters within the scope of this MOU.

2. Reasonable use of one (1) bulletin board at City Hall.

3. The right to payroll deductions made for payment of Association dues and for Cityapproved programs.

4. The right to represent its members before the City Council or the City Council’s designee with regard to wages, hours and other matters within the scope of representation, subject to the provisions of applicable Federal, State or City laws and regulations. Inclusion of topics in this MOU does not deem them “negotiable” as that term is defined by applicable law.

5. The use of City facilities for regular, normal and lawful Association activities, providing the appropriate advance arrangements are made. The granting of such use may be conditioned on appropriate charges to offset the cost of such use.

6. Reasonable access to employee work locations for officers of the Association and their officially designated representatives for the purpose of processing grievances or contacting members of the Association concerning business within the scope of representation. Access shall be restricted so as not to interfere with the operations of the City or with established safety or security requirements.

7. In compliance with AB 119, the City will notify the SHEA Chairperson (or other designated representative) at least 10 days before a new employee orientation meeting, and allow a SHEA representative to meet with the new employees for up to 15 minutes at the end of the initial orientation meeting. If an employee is scheduled to receive orientation in fewer than 10 days from the date of hire, then the City will provide SHEA with as much advance notice as reasonably possible of the scheduled orientation meeting.

8. Reasonable accommodation that all new job openings within the City will be posted at minimum internally and qualified association members be given the opportunity to apply.

B. CITY RIGHTS.

To insure that the City is able to fulfill its constitutional and statutory functions and responsibilities, the City retains its rights, including, but not limited to, the right to direct the work force; to select and determine the number of employees and skills required; to determine job classifications; to hire, transfer, promote, suspend, discipline and discharge employees; to assign work to employees in accordance with requirements of the City; to establish and change Agenda Item #9.6.

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St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025

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work schedules and assignments; to lay off employees for lack of work; to expand or diminish services; to determine and change methods of operations; to determine and change work locations and the processes and materials to the employee; to take all necessary actions to perform its functions in emergencies.

Agenda Item #9.6.

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ARTICLE 4

DEFINITIONS
The words and terms have the following meanings:

Anniversary. The date upon which service time is computed for purposes of step advancement and accrual of vacation and sick leave benefits. (Usually the date of first employment.) Average Work Day. In any case for which the time period to be considered is twelve calendar months, the average work day is the number of hours worked in the preceding twelve months, divided by two thousand eighty, then multiplied by eight.

Benefits or Benefit Package. City-paid Insurance, paid leaves, holidays, and other non-salary items which are part of the compensation paid to any employee.

City. The City of St. Helena, California.

City Manager. The administrative head of the government of the City. The City Manager is responsible for the efficient administration of the affairs of the city, which affairs are under his or her control. The City Manager is considered a Department Head. The City Manager reports to and serves at the pleasure of the Council.

City Service. All positions in all departments and agencies of the City that are subject to control and regulation by the City Council of the City of St. Helena.

Classification. A particular type of employment in the City Service designed to include all positions having duties and responsibilities sufficiently similar so that the same requirements as to education, experience, knowledge, and ability may be required of incumbents and the same schedule or Compensation may fairly be made to apply.

Compensation. The salary, wages, allowances, and all other forms of valuable consideration earned by or paid to any employee by reason of his or her service in a Position, but not including reimbursement for expenses incurred in the course of employment.

Confidential Employee. An employee having access in the course of his/her duties to confidential information on the employer's labor relations and consequently excludable from holding Association office and/or divulging confidential employer information to the Association.

Continuous Employment. Period of uninterrupted employment including holidays and authorized leave but not including periods of leave without pay or times on suspension.

Council. The City Council of the City of St. Helena.

Department Head. A member of the managerial staff of the City, consisting of the City Manager, the Assistant City Manager, the Fire Chief, the Police Chief, the City Clerk, the Director of Public Works, Agenda Item #9.6.

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the Planning & Building Director, the Library Director, the Parks & Recreation Director, the Administrative Services Director and the City Attorney.

Emergency. Emergency shall include an event that damages or continues to threaten damage to the public health, safety, welfare, or property and shall include but not be limited to the following:

The repair or clearance of streets necessary for continued access to properties, including street sweeping.

The repair of public utility facilities.

The repair of City equipment necessary to maintain public safety services.

Activities associated with natural or man-made catastrophe.

Ongoing investigation, surveillance, or similar police activities and the obtaining and serving of search warrants.

Shortage of personnel necessary to maintain public safety services.

Employee. A person legally occupying a full-time Position or office in the City Service that is listed in Article 2, and receiving compensation for services, other than an independent contractor. Employee and Full-Time Employee have the same meaning as used in this MOU.

Full-Time Employee. An employee who regularly works forty hours per week and is paid a monthly salary.

Job Description. A formal account of an employee’s responsibilities in regards to their classification and position.

Non-Probationary Employee. An employee who has successfully completed the Probationary Period.

Position. The title of an occupation along with a group of duties and responsibilities assigned or delegated by competent authority, which requires the full or part time service of one person.

Probationary Employee. An employee who has not yet completed a prescribed Probationary Period.

Probationary Period. The length of continuous service for which an employee must serve in order to attain the status of Non-Probationary Employee.

Salary or Pay. The monetary portion of compensation paid to an employee.

Standby. A period or condition which requires that an employee be able to readily report to work and be prepared to undertake work tasks. This will normally include either remaining at his/her home telephone or otherwise arranging for the immediate and convenient notification of an emergency condition, and being prepared to immediately report to the site of the emergency.

Agenda Item #9.6.

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Supervisor. The mid-management staff of the City to include the designated assistant to a Department Head or the head of a sub-department or division of a department.

Title. The name applied to a Classification or to each Position included in the Classification.

Work Day. One calendar day during which an employee is normally scheduled to work. If the employee is engaged in shift work that begins on one calendar day and ends on the following day, only one work day is denoted. The number of hours of work contained in a calendar day for a given employee, in no case more than eight hours for a Full-Time Employee unless specified otherwise.

Agenda Item #9.6.

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ARTICLE 5

HOURS OF WORK & SCHEDULES
A. BUSINESS HOURS.

The normal business hours of the City are from 8:00 a.m. to 5:00 p.m. Monday through Friday, except:
 Library hours may vary.
 Parks hours include Saturday and Sunday.
 Streets, Parks, Water, Water Treatment and Waste Water Treatment Department Hours are from 7:00 a.m. to 3:30 p.m.
 Hours of operation differing from these guidelines may be established for any office or Department in order to meet the needs of the City and the citizens of St.

Helena.

Employee work schedules shall be established consistently with the provisions of this Article 5.

The City will provide SHEA and any affected employee with at least 21 days’ notice before making a permanent change to the employee’s work schedule.

B. HOURS OF WORK.

Five (5) days of eight (8) hours per day for forty (40) hours per week constitute the normal work schedule for all employees. The standard workweek for these employees shall begin on Sunday at 12:01 a.m. and end of the following Sunday at 12:00 a.m. To the maximum extent practicable, work schedules for employees not working normal business hours shall be arranged so that the employee will work for five (5) consecutive eight (8) hours days, followed by two (2) days off.

Employees are expected to be at their assigned place of work and prepared to commence work with tools at hand at the assigned time.

C. FLEX SCHEDULE.

1. Eligibility.

A Flex Schedule is available to Association employees in order to allow them time during the workweek to accomplish tasks which do not require public contact (i.e., outside of the 8:00 a.m. to 5:00 p.m. public hours).

The Flex Schedule is voluntary, and subject to agreement by the employee and approval by the Department Head. Except in cases of emergency, the Department Head must provide at least 30 days’ notice to terminate an employee’s Flex Schedule.

Agenda Item #9.6.

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The Flex Schedule will not impact the accrual of vacation, Sick Leave or other benefits. Vacation time or Sick Leave time will be deducted at the number of hours per day for those days which the leave is taken. For example, if an employee is absent on a day he or she was scheduled to work nine (9) hours, nine (9) hours of leave time shall be deducted, and if the employee is absent on a day he or she was scheduled to work eight (8) hours, eight (8) hours of leave time shall be deducted.

2. 9/80 Schedule and Workweek.

Employees on a 9/80 schedule are scheduled to work eight (8) nine hour days, one (1) eight hour day, and will have one (1) day off every two weeks.

The scheduled one (1) day off every two weeks shall be either Monday or Friday as approved by the Department Head, but must be consistent from week to week. Employees cannot change or flex their scheduled one (1) day off, unless the change is intended to be permanent and approved by the City.

For all employees working a 9/80 schedule, their workweek shall begin exactly four (4) hours into their eight (8) hour shift on the day of the week which constitutes their alternating day off.

For example, for an employee scheduled to work from 8:00 a.m. – 6:00 p.m. with every other Friday off, the workweek shall begin at noon on Friday, and end at noon the following Friday. a. Employees Scheduled with Every other Friday Off.

During a two week cycle, an employee working the 9/80 Flex Schedule will work nine hours per day Monday through Thursday and eight hours on Friday the first week. During the second week, the employee will work nine hours per day Monday through Thursday and be off on Friday.

For FLSA forty hour per week determination, the 9/80 Flex Schedule workweek begins four hours into the employee’s eight hour shift.

In those instances where a holiday falls on the Friday-Off, the preceding work day shall be a day off with holiday pay. Holiday pay is computed at the rate of eight hours. In order for an employee to be paid for nine hours when a holiday is observed on a scheduled nine-hour work day, the employee must make up the additional one hour of pay by either (1) using one hour of vacation or compensatory time off; or (2) working one additional hour on a scheduled work day during the same workweek that includes the day the holiday is observed. Additionally, working the make-up hour, as described in this paragraph, shall not entitle the employee to overtime under the following paragraph.

Employees working a 9/80 Flex Schedule shall be entitled to overtime for hours worked in excess of nine hours per day Monday – Thursday and in excess of eight Agenda Item #9.6.

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hours on Friday. Employees will also receive overtime for all hours worked over 40 hours in each workweek (as defined above), in accordance with the FLSA. b. Employees Scheduled with Every Other Monday Off
During a two week cycle, an employee working the 9/80 Flex Schedule will work eight hours on Monday and nine hours per day Tuesday through Friday the first week.

During the second week, the employee will be off on Monday and work nine hours per day Tuesday through Friday.

For FLSA forty hour per week determination, the 9/80 Flex Schedule workweek begins four (4) hours into the employee’s eight (8) hour shift.

In those instances where a holiday falls on the Monday-Off, the subsequent work day shall be a day off with holiday pay. Holiday pay is computed at the rate of eight hours. In order for an employee to be paid for nine hours when a holiday is observed on a scheduled nine-hour work day, the employee must make up the additional one hour of pay by either (1) using one hour of vacation or compensatory time-off; or (2) working one additional hour on a scheduled work day during the same work week that includes the day the holiday is observed. Additionally, working the make-up hour, as described in this paragraph, shall not entitle the employee to overtime under the following paragraph.

Employees working a 9/80 Flex Schedule shall be entitled to overtime for hours worked in excess of eight hours on Monday and in excess of nine hours per day Tuesday – Friday. Employees will also receive overtime for all hours worked over 40 hours in each workweek (as defined above), in accordance with the FLSA.

D. MEAL BREAKS.

Full-Time Employees are scheduled a period of between 30 and 60 minutes, generally in the middle of the workday, during which they are free to eat a meal or do personal errands. Unless directed otherwise, employees are not paid for this time and are free to leave the workplace.

E. REST BREAKS.

For each four (4) hours of work, conditions permitting, employees are granted a fifteen (15) minute rest break during which they may engage in personal conversations, move about, and otherwise “take a break” from the normal duties of their assignments. This time will be paid by the City as part of the workday.

Agenda Item #9.6.

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F. SHEA ATTENDANCE AT BUDGET MEETINGS.

One Association officer shall be permitted to attend Council budget meetings held during work hours provided their absence does not create a hardship in the employee’s department nor require employee overtime.

Agenda Item #9.6.

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ARTICLE 6

PERSONNEL MATTERS
A. PROBATIONARY PERIOD.

1. Probationary Period.

Each new Employee shall be a Probationary Employee until successful completion of 12 months of Continuous Employment. The purpose of the Probationary Period is to give the Probationary Employee the opportunity to demonstrate that he or she is qualified, able, and willing to meet the expectations of the City with regard to the Position.

2. Termination During Probationary Period.

If at any time prior to successful completion of the Probationary Period the City Manager determines that it is in the best interest of the City to terminate the employment of the Probationary Employee, it will be in his or her discretion to do so without further justification. Probationary Employees are not entitled to the Disciplinary and Appeal Procedures set forth in Article 14 of this MOU and may be terminated at will, with or without notice.

3. Extension of Probationary Period.

If it appears that the employee will not successfully complete the prescribed Probationary Period, the City Manager also has the discretion of extending the Probationary Period once for an additional six months, if the City Manager feels it is in the best interest of the City to do so.

B. EMPLOYEE EVALUATIONS.

Each employee shall be evaluated no less than annually by his/her Supervisor, according to a system approved by the City Manager. Each employee’s evaluation shall be reviewed with the employee by the Department Head, after which the employee is expected to sign the evaluation.

Signing the evaluation does not indicate agreement with that evaluation, and the employee may submit reasonable comments in explanation or rebuttal to its contents. After review by the City Manager, employee evaluations, including reasonable material submitted by the employee, will be placed in the employee’s personnel file. A satisfactory or above evaluation must be obtained before each promotion, Classification upgrade, or step increase is granted.

Agenda Item #9.6.

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ARTICLE 7

PAY PLAN
A. SALARY SCHEDULE
Salaries paid and any special compensation shall be in accordance with the most recent applicable salary resolution adopted by the City Council, and any amendments thereto. Such resolutions are hereby incorporated as part of this MOU and are available from the City Clerk. During the term of this MOU, the salary schedules shall be increased as follows:

1. 7/1/22 – COLA increase of 5% for all SHEA members

2. 7/1/23 – San Francisco/Oakland/Hayward CPI-U (April/April) minimum 3% with a max of 5%

3. 7/1/24 - San Francisco/Oakland/Hayward CPI-U (April/April) minimum 3% with a max of 5%
B. EQUITY ADJUSTMENT
The City will provide equity adjustments for SHEA represented positions until each classification is within 5% of salary market median (95%) based on updated information from Ralph Anderson & Associates. Annual CPI increases for both the City of St. Helena and the market jurisdictions (refreshed annually) are to be considered for purposes of this calculation. Ralph Anderson & Associates provided updated information to the City in May 2022 based off the cities/entities used in the previous study. Attachment A provides a summary of the percent increase in salary to arrive at market median (95%) for each SHEA position as of May 2022.

Equity adjustments will take place every 6 months until each classification is within the range and will be as follows:
 7/1/22 – Equity adjustment of 4.5%
 1/1/23 – 2% equity adjustment
 7/1/23 – 2% equity adjustment
 1/1/24 – 2% equity adjustment
 7/1/24 – 2% equity adjustment
 1/1/25 – 2% equity adjustment
July 1st equity adjustments will be combined with the COLA for salary adjustment calculations.

C. SALARY UPON APPOINTMENT.

Employees appointed to a Position in City Service shall normally be placed in Step “A” of the range. Subject to approval of the City Manager for reasons of an applicant’s outstanding qualifications or for the needs of the City, appointment may be at a higher step. A current City employee being promoted into a range with a higher top step will normally receive at least a five percent (5%) increase.

Agenda Item #9.6.

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D. STEP INCREASES.

1. Steps.

Upon completion of the following periods of service, a Full-Time Employee becomes eligible for the next higher step as follows:
 Six (6) months at Step A to become eligible for Step B  Six (6) months at Step B to become eligible for Step C  Six (6) months at Step C to become eligible for Step D  Twelve (12) months at Step D to become eligible for Step E

2. Qualifications for Step Increase.
a. Employees may be granted a step increase after having served for the designated qualifying period and after a performance evaluation finding that the employee’s performance was not less than satisfactory.
b. In unusual cases, upon recommendation of the Department Head, where special ability and aptitude is demonstrated, the City Manager may approve advancement of an employee to a higher step before completion of the normal qualifying period.

E. COST OF LIVING ADJUSTMENT (COLA).

In considering COLAs for subsequent agreements, the parties will consider the San Francisco/Oakland/Hayward CPI-U (April/April).

F. HOURLY RATES.

Where any annual pay rate is to be converted to a salary hourly equivalent, the annual rate of pay shall be divided by 2080 to determine the hourly rate. Daily rates are equivalent to the appropriate hourly rate multiplied by eight (8) hours.

G. OVERTIME.

1. General Policy.

Employees must get pre-approval from their supervisor before working overtime. In cases of emergency or other unusual unforeseen circumstances, if the employee’s supervisor is not available to approve the overtime work in advance, the employee shall contact the employee’s department head, Administrative Services Director, Assistant City Manager, or, City Manager as soon as possible to seek approval of the overtime Agenda Item #9.6.

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work, and may begin critical overtime work without specific advance authorization if needed to address emergency situations.

2. Overtime Compensation.

Unless the employee is working a Flex Schedule (see Article 5, section C.2 , above), work in excess of eight (8) hours per day or forty (40) hours in a workweek, shall be paid at the rate of one and one-half (1.5) times the regular rate of pay; work in excess of twelve (12) hours per day shall be paid at the rate of twice the regular rate of pay. If the employee requests, a Department Head may, at his/her discretion, approve the accumulation of compensatory time to be taken off in lieu of overtime pay. An employee may accumulate up to a maximum of eighty (80) hours of compensatory time. When earned, compensatory time is accumulated at the same rate as if it were to be paid (i.e., at the rate of 1.5 times the regular rate for hours above 8 but less than 12 in one day).

3. Compensatory Time Off.

An employee, who has accumulated compensatory time as described in Subsection 7.F.2 above, may request time off, to be charged against the accumulated compensatory time.

The Department Head will permit the requesting employee to use the time within a reasonable period after the request is made unless using the time will unduly disrupt the City’s operations.

4. Overtime Meal.

If an employee is required to work more than twelve (12) hours with no breaks longer than one (1) hour, the City will provide that employee a meal.

H. HOLIDAY PAY ON HOLIDAYS.

When required to work on a holiday, an employee shall be paid twice the rate of pay at which the employee would be paid on a non-holiday. This section is not applicable to Standby Pay since call-out is not a normal designated work day.

I. STANDBY PAY.

On a rotational basis, the Public Works employees shall be assigned to provide standby coverage for an entire week (Friday 3:30 pm until the following Friday at 7:00 am). The employee shall take a city vehicle home when scheduled for this assignment and the compensation for the standby period shall be $525.00 for said week. If a holiday falls on the Friday at the end of the of the standby period the employee shall receive an additional $100.00 for the extension of the standby assignment. The same would apply if the holiday falls on a Friday at the beginning of the standby period and the employee would be on call from Thursday through the following Friday.

Agenda Item #9.6.

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Public Works employees shall be compensated in 15 minute increments for time worked while on standby handling phone calls from dispatch. City management shall develop a process for including such time on employee timesheets.

J. MINIMUM CALLOUT TIME.

The minimum time charged for being called to work for an emergency shall be two (2) hours (home to home). In addition, such call out time shall be paid at the overtime rate.

K. LONGEVITY PAY.

Full-Time Employees shall be eligible to receive longevity pay according to the dates and rates below:

Years of Continuous City Employment Total Longevity Pay 5 years 2.5% of base salary
10 years 5.0% of base salary
15 years 7.5% of base salary
20 years 10% of base salary
L. BILINGUAL PAY.

Bilingual pay for fluency in both English and Spanish will be paid to employees who are routinely and consistently assigned to communicate in Spanish or to provide translation for City business. For employees who are certified as fluent in both written and verbal Spanish language, such pay will be five percent (5%) of the designated employee’s base salary. For employees who are certified as fluent only in verbal Spanish language, bilingual pay will be two and onehalf percent (2.5%) of the designated employee’s base salary. Only designated employees certified by the City as fluent in both English and Spanish are eligible for this additional pay.

M. OUT-OF-CLASS PAY.

Pay for Performing Full Duties of Higher Class
When, because of the absence of a Department Head or other Supervisory personnel, an employee performs substantially all of the functions (full-time) of the higher Classification, the employee will receive an increase of ten percent (10%) of his/her base hourly equivalent wage.

The increase will be effective after the third (3rd) week of the assumption of those duties and continue during the period those duties are being performed by the employee on a full-time basis.

Out-Of-Class-Pay must be pre-approved, in writing, by a Department Head or the City Manager.

Agenda Item #9.6.

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Pay for Performing Partial Duties of Higher Class
When an Employee is temporarily assigned for at least a period of one month to perform substantial functions of a higher classification for at least a period of one month, but does not perform those additional duties on a full-time basis and/or the Employee assigned to the position normally responsible for the duties is not absent, and/or the duties relate to a temporary project that would be assigned to a higher classification position but cannot be so assigned (as determined in the sole discretion of the City Manager) due to competing operational needs and workload, the City Manager has the discretion to provide an increase of up to ten percent (10%) of the Employee’s normal base wage effective on the first day of assumption of the substantial additional duties and continuing until the City Manager determines that the assignment of the additional duties ceases. This additional pay is provided at the City Manager’s sole discretion and must be pre-approved in writing. Under current CalPERS rules and regulations, this pay for performing partial duties of the higher class is not reportable special compensation.

N. REPORTING TIME WORKED.

Employees are responsible for reporting on a prescribed form, all hours worked and leave taken during the pay period. The employee is responsible for securing the signature of his/her immediate Supervisor on the form, indicating approval of the hours submitted. The employee is also responsible for seeing that the required documentation for approved leave or overtime worked is attached to the time report. In the event employees are unable to accurately report all time, due to the need to submit the time report prior to the end of the pay period, they shall be responsible for bringing that fact to the attention of their Department Head(s) as soon as practicable, so the payroll records can be adjusted accordingly.

O. SHIFT DIFFERENTIAL

1. Shift differential for purposes of the article is defined as a shift that occurs on a Saturday or Sunday.

2. Any miscellaneous employee who works an assigned regular time shift as described in “1” above, shall be paid an additional five percent (5%) of their base hourly rate for each hour worked. No shift differential will be paid on sick leave, vacation, CTO or any other time-off or for hours worked as a result of being called in while on standby.

Agenda Item #9.6.

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ARTICLE 8

TIME OFF AND LEAVES OF ABSENCE
A. VACATION LEAVE.

1. Rate of Accrual or Award.

Employees shall accrue or be awarded vacation pay based on their years of Continuous Employment at the following rates:
a. Less than five years of Continuous Employment: Full-Time Employees earn vacation at the rate of ten days per year. Vacation accrues on a monthly basis (six hours and forty minutes per month).
b. After five years of Continuous Employment with the City, Full-Time Employees will accrue vacation at the rate of fifteen days per year; after six years, sixteen days; after seven years, seventeen days; eight years, eighteen days; nine years, nineteen days; and ten years, twenty days per year.
c. After twenty-five years of Continuous Employment with the City, Full-Time Employees will earn one additional day of vacation each year and continue to earn one additional day of vacation every five years thereafter.

2. Administration.
a. Approving Authority: Department Heads shall have the authority to schedule Vacation Leave according to the needs of the service and the wishes of the employee, in that order.
b. Leave Requests: An employee's request for approval of Vacation Leave shall be made in writing to the Department Head. Except in the case of an emergency, a request for leave for one to three days should be made at least two days before the commencement of the leave. A leave in excess of three days should be made at least three days prior to the commencement of the leave. c. Holidays: If a holiday recognized by the City occurs during Vacation Leave, absence for that holiday shall be charged as Holiday Leave and not as Vacation Leave.
d. Leave Accumulation: Except with the approval of the Council, accumulated Vacation Leave shall not exceed three hundred and eighty (380) hours and all employees who have accumulated at least eighty (80) hours of vacation shall expend at least eighty (80) Vacation Leave hours per calendar year with at least forty (40) hours being consecutive.

Any employee in a position represented by SHEA, who has more than 320 hours of accrued vacation leave, may have the option to receive a cash payment in lieu of their requested vacation time. This option to receive a cash payment in lieu of vacation time will only be available if (1) the employee has filed a written request for leave at least 30 days prior to the commencement of the leave; and (2) management denies the employee’s request for leave because of department workload and staffing needs. Any payment in lieu of requested vacation time will Agenda Item #9.6.

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not be PERSable and will not be credited towards the employee’s single highest year compensation for retirement purposes. This provision shall not apply to leave which is denied for a requested period due to management’s approval of leave for other employees and in which leave would still be available for a period close to the requested vacation period.

Leave Award and Compensation: Vacation Leave shall begin to be earned by an employee upon employment. In the event of a separation of employment, any unused accrued or awarded Vacation Leave shall be compensated with a lump sum payment based on the employee’s current rate of pay and included with the employee’s final paycheck.

Eligibility and Use: An employee may not take Vacation Leave until after the completion of six months of Continuous Employment. Vacation Leave shall be taken in not less than fifteen minute increments.

B. HOLIDAYS.

1. Holidays.

The following holidays shall be recognized for all Association employees:

New Year's Day (January 1st)
Martin Luther King Day (Third Monday in January)
President's Day (Third Monday in February)
Cesar Chavez Day (March 31)
Memorial Day (Last Monday in May)
Independence Day (July 4th)
Labor Day (First Monday in September)
Veteran's Day (November 11th)
Thanksgiving Day (Fourth Thursday in November)
Friday after Thanksgiving
Christmas Eve Day (December 24th)
Christmas Day (December 25th)

2. Exceptions.

When a holiday falls on a Saturday, the preceding Friday shall be deemed holiday. When a holiday falls on a Sunday, the following Monday shall be deemed a holiday. When Christmas Eve falls on a Friday, the preceding Thursday shall be deemed a holiday. When Christmas day falls on a Monday, the following Tuesday shall be deemed a holiday. When Christmas falls on a Thursday, the following Friday shall be a holiday in lieu of Christmas Eve Day

3. Observance.

Except for emergency services, all City offices shall be closed on recognized holidays established Agenda Item #9.6.

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by Council resolution or ordinance.

4. Holiday Pay
Full-Time Employees shall receive full pay provided they are employed and in a paid status on the first working day prior to and following the holiday.

C. PERSONAL CONVENIENCE HOLIDAY.

Each Full-Time Employee shall be eligible for two (2) Personal Convenience Holidays of eight (8) hours each per year. After five years of Continuous Employment, Full-Time Employees shall be eligible for an additional three (3) Personal Convenience Holidays each year. Personal Convenience Holidays are granted on January 1st of each year and must be used prior to the end of the calendar year and will not accrue. They may be taken at the employee's convenience, subject to the Department Head's approval. These Personal Convenience Holidays shall not incur additional expense to the City, e.g., causing another employee to work overtime, etc. Each Personal Convenience Holiday must be taken as a full day off. Employees do not receive Personal Convenience Holidays during the calendar year in which they are hired.

D. SICK LEAVE AND FITNESS FOR DUTY.

1. Accrual and Use.

Employees shall accrue and use sick leave in accordance with City of St. Helena Personnel/Administrative Sick Policy and the provisions of this Article 8(D). The provisions of this Article 8(D) shall supersede any inconsistent provisions of the Sick Leave.

Sick leave with pay shall accrue to all Full-Time Employees at the rate of one work day for each calendar month of service, with no limit to its maximum accumulation.

2. Administration/Fitness for Duty.

When the employee’s need to use sick leave is foreseeable (for example, prescheduled appointments), the employee must provide reasonable advance notice to his/her immediate supervisor or Department manager of the need to use sick leave and its probable duration, if known. In all other situations, an employee who must be absent from work shall personally (if able) notify his or her immediate superior or Department Head as soon as reasonably possible, and at least before or within the first thirty minutes of the absence. An employee may be required to provide a physician's certificate for absence due to illness of more than three working days or at the request of the Department Head. If the City requires an employee to provide a physician’s certificate for an absence pursuant to this paragraph, and the employee had not already seen or planned to see the physician for the illness or injury, the City shall reimburse the employee for the cost of any required co-pay associated with the visit to the physician if the visit was required solely to comply with the requirement to obtain the certificate of illness or injury.

Agenda Item #9.6.

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When the City Manager determines that it is job-related and consistent with business necessity, an employee may be required to submit to an examination by a licensed physician designated by the City and at the City’s expense to determine whether the employee is still able to perform the essential functions of his or her job. Any information obtained about the Employee’s health condition shall be treated confidentially as provided by federal and state law.

3. Reasons for Granting.

Sick leave shall be granted to eligible employees for the following reasons:
a. For the diagnosis, care or treatment of an existing health condition, or preventive care for the employee or a family member.
b. Sick leave with pay for illness or injury of a family member, subject to the limitations in Section D.4 of this Article.
c. Enforced quarantine of the employee in accordance with community health regulations.
d. As required by law, to allow a victim of domestic violence and/or a victim of sexual assault to obtain relief or attempt to obtain relief to help ensure his or her health, safety, or welfare, or that of his or her child(ren), to a limit of 24 hours or three (3) days in a calendar year. This maximum does not limit the amount of sick leave available for other listed reasons.
e. As required by law, to allow a victim of domestic violence and/or a victim of sexual assault to seek medical attention, to obtain services from a domestic violence program or psychological counseling, or to participate in safety planning, to a limit of 24 hours or three (3) days in a calendar year. This maximum does not limit the amount of sick leave available for other listed reasons. f. Preventive medical, dental and optical examinations where appointments are unavailable or impractical during non-working hours.
g. Complication or disability resulting from or contributed to any pregnancy, termination of pregnancy, or recovery therefrom.

4. Limitations and Related Provisions.
a. An employee may use Sick Leave, in an amount not to exceed one-half of their annual accrual, or six days, to attend to an illness of a family member. This includes attending to the serious injury or illness of a family member covered under the Family Medical Leave Act and/or California Family Rights Act. b. For the purposes of using sick leave under this Article, “family member” shall mean an employee’s parent, child, spouse, registered domestic partner, parent-inlaw, sibling, grandchild, or grandparent. c. In the event of absence from work due to a work-related injury, an employee may receive pay for accrued Sick Leave to the extent necessary to supplement worker's compensation payments to effectively raise the employee's pay received to the level of full-time pay. For a new employee who, at the time of a work-related injury, has not yet earned three days of Sick Leave, up to three days of Sick Leave Agenda Item #9.6.

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may be advanced from anticipated future Sick Leave accruals as required to meet this described use.

5. Sick Leave Abuse.
“Sick leave abuse” shall mean: “any use of sick leave, for purposes other than those identified in this section.” Sick leave abuse may subject the employee to disciplinary action as determined necessary to deter future abuse.

6. Pay-out of Sick Leave at Termination of Employment.
a. Effective July 1, 2012, the City will not pay the employee upon separation in good standing from City employment for unused sick leave accrued on or after July 1, 2012.

Upon separation in good standing from City employment, the City will pay the employee for unused Sick Leave in the following amount: The total number of hours of Sick Leave accumulated multiplied by the hourly rate of pay of the employee at the time of separation, divided by two (2). An employee is not “separating in good standing” if proceedings to terminate the employee have been initiated or concluded in accordance with the provisions of Article 14, Resignation, Termination or Disciplinary Action. When an employee uses sick leave, City will first reduce employee sick leave balances from sick leave accrued after July 1, 2012.
b. An employee’s termination of employment for reasons of illness, verified by doctor certifications relative to the nature, gravity, and duration of the illness (including maternity) may be paid a lump sum for all Sick Leave accrued and unused at the time of such termination.
c. An employee who retires or otherwise terminates his or her employment after a finding of industrial disability may not exhaust his or her Sick Leave before the retirement becomes effective.

E. BEREAVEMENT LEAVE.

All Full-Time Employees shall be allowed a leave of absence with full pay, not to exceed three (3) working days, or five (5) working days if the death occurs out of State, when such absence is due to death in the immediate family. Those in immediate family are: mother, father, grandmother, grandfather, or a grandchild of the employee or of the spouse or domestic partner of the employee, and the spouse, son, domestic partner son-in-law, daughter, daughter-in-law, brother, or sister of the employee, or any relative living in the immediate household of the employee.

Agenda Item #9.6.

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F. JURY OR WITNESS DUTY.

1. All employees shall be granted time off to serve, as required by law, on a jury or grand jury if the employee provides reasonable advance notice to the City. Leave with full pay shall be granted to Full-Time Employees for jury duty or when called as a witness for a job related law suit. Any compensation received for jury duty, excluding mileage and similar expense reimbursements, shall be remitted to the City.

2. Leave without pay shall be granted to all employees to appear in court or other judicial proceedings as a witness to comply with a valid subpoena or court order.

G. ADMINISTRATIVE LEAVE WITH PAY.

Administrative Leave with Pay may be assigned to employees by the City Manager if it appears to be in the best interest of the City. In the event such leave is assigned, the City Manager will report to the Council the facts and circumstances of such leave as soon as is practicable.

H. DISCRETIONARY LEAVE WITHOUT PAY.

1. Permissible reasons for leave.

Discretionary Leave Without Pay may be granted by the City Manager as follows:
a. For personal reasons which are approved by the City Manager. b. For reason of illness in the event Sick Leave has been exhausted. c. In conjunction with Pregnancy Disability or FMLA Leave. d. To pursue a course of education which will increase the employee's usefulness as a City employee.

2. Procedure.
a. The employee shall provide at least 30 days advance notice of the need for leave without pay, whenever possible. If 30 days’ notice is not practicable, the employee shall request the leave as soon as practicable. b. An employee’s request for Discretionary Leave Without Pay shall be submitted to the City Manager, accompanied by a recommendation or an explanation from the Department Head as to how an adequate level of service can be maintained during the employee's absence. The City Manager has the discretion of approving or rejecting the request.
c. In the case of extended illness the Department Head shall notify the City Manager at such time as the employee has expended all Sick Leave and shall submit a regular status report thereafter pending consideration of termination, disability, retirement, or temporary replacement.

3. Regulations Relative to Discretionary Leave Without Pay are as Follows. a. The City Manager may grant Discretionary Leave Without Pay in his or her discretion and only when, in the opinion of the City Manager, it is in the best interest of the City.
b. In the case of illness, Discretionary Leave Without Pay shall commence at such time as Sick Leave is expended except that the employee may elect to expend any other leave prior to utilizing Discretionary Leave Without Pay.

Agenda Item #9.6.

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c. Except in cases of absence due to illness, Discretionary Leave Without Pay shall be deducted from service time for purposes of computing longevity, time in service, seniority, or for any other purpose.
d. Vacation or Sick Leave shall not accrue nor shall Holiday Pay be awarded during periods of leave without pay.
e. Unless the employee notifies the City Manager at the time of the request for Discretionary Leave Without Pay that he or she elects to pay the premiums for continuation of Health, Dental, and Insurance Benefits, those benefits will be terminated beginning with the calendar month following the start of the unpaid leave. If that election is made and the leave is approved, it is the responsibility of the employee to submit payment to the City such that it is received prior to the City processing payment to the insurance carrier. The City will not make a premium payment in anticipation of receipt of the payment from the employee. f. Reinstatement of all benefits shall occur at the first opportunity following the employee's return to duty.
g. Discretionary Leave Without Pay will not normally be approved until Sick Leave (if medically justified), Vacation Leave, and Comp Time have been exhausted. h. Retirement benefits shall be adjusted for leave without pay in accordance with Public Employees' Retirement System's (PERS) regulations. i. An employee shall, upon completion of authorized leave without pay, be reinstated to the Position held at the time of commencement of leave and at the salary range and step previously held.

I. PREGNANCY DISABILITY LEAVE
To the extent required by law, the City shall grant a leave of absence without pay to any probationary or permanent employee who becomes disabled as a result of pregnancy, which disability prevents her from performing the duties of her position. Such leave shall not exceed four months whether or not it is combined with sick leave, vacation, compensatory time off and/or leave without pay. Employee benefits will continue to be paid by the City during approved short-term leave. This paragraph shall be implemented consistently with the requirements of California’s Pregnancy Disability Leave law and the federal Family Medical Leave Act. (See also the City’s Employee Handbook.)
J. CFRA AND FMLA LEAVE
The Employee Handbook addresses leave rights under the federal Family and Medical Leave Act and the California Family Rights Act (also referred to as the California Medical Leave Act).

Agenda Item #9.6.

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ARTICLE 9

CERTIFICATION AND OTHER BENEFITS
A. SPECIALIZED SCHOOLS AND TRAINING, AND CERTIFICATION PAY.

1. Specialized Schools and Training.

Individual Full-Time employees will be reimbursed for up to $500.00 per year in educational expenses for job-related courses. The total amount reimbursed to all employees in the unit represented by the Association through this program will not exceed $6,000.00 per year. Employees will be reimbursed on a first-come, first-served basis, subject to the City Manager’s determination that a course or training is job-related. This provision does not include payment of fees or tuition for course work taken in pursuit of an academic degree.

2. Certification Pay.
a. In recognition of the fact that certain functions cannot be performed without special governmental certification or licensing, the City will pay Fifty Dollars ($50.00) per month for:
 “Operator cross-certification” (Class I or above) for employees assigned to the Water Treatment Plant or Waste Water Treatment Plant, enabling those employees to perform duties at the other plant;
 A necessary pesticide certificate, for Public Works employees responsible for pesticide applications programs for the City;  Certification for back-flow prevention devices for Public Works employees.
 Playground Inspection Certification for employees working in the Parks Division.
 Arborist Certificate for employees working in the Parks Division.
 Wastewater Collection Certificate
b. Fifty Dollars ($50.00) per month and any required physical examinations, the cost to renew the Class B license, and the appropriate time necessary during normal work hours to test for a Class B driver’s license, if the Director of Public Works, on a person-by-person basis, certifies the necessity to the City for such license and the City Manager authorizes.

Agenda Item #9.6.

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B. UNIFORMS.

1. As a condition of employment, the City requires appropriate apparel or uniforms to be worn during work hours.

2. The City will provide uniforms to employees in the following Public Works positions:

Public Works Supervisor, Maintenance Worker I, Maintenance Worker II, Maintenance Worker III, Maintenance Lead Worker, Chief Water Distribution Operator, Plant Operator in Training, Plant Operator I, Plant Operator II, Plant Operator III, Chief Plant Operator.
a. Employees Assigned to Water Distribution and Public Works For employees assigned to Water Distribution and Public Works, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year. The City will provide and pay for regular uniform cleaning service of up to five pairs of pants and five shirts per week for the uniforms of the employees. The value of this uniform service is $35.49 per pay period. b. Employees Assigned to Parks-Trees-Buildings
For employees assigned to Parks-Trees-Buildings, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year.

The City will provide and pay for regular uniform cleaning service of up to five pairs of pants and five shirts per week for the uniforms of the employees. The value of this uniform service is $33.06 per pay period. c. Employees Assigned to the Wastewater Treatment Plant Chief Plant Operator and Plant Operator II - For employees assigned to the Wastewater Treatment Plant, except for employees in the Plant Operator III classification, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year.. The value of these uniforms is $9.29 per pay period. The City does not provide uniform cleaning for these Employees assigned to the Wastewater Treatment Plant.

Plant Operator III - For employees assigned to the Wastewater Treatment Plant in the Plant Operator III classification, the City provided uniforms shall include five (5) City Polo Shirts per year. The value of these uniforms is $5.79 per pay period.

The City does not provide uniform cleaning for the City Polo Shirts. Additionally, the City shall provide coveralls which are solely for personal health and safety purposes of the employee. The City will provide and pay for regular uniform cleaning service for the coveralls.
d. Employees Assigned to the Water Treatment Plant
For employees assigned to the Water Treatment Plant, the City provided uniforms shall include five (5) City Polo Shirts and four (4) pairs of City pants per year.

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The value of these uniforms is $11.49 per pay period for each employee. The City does not provide uniform cleaning for Employees assigned to the Water Treatment Plant.
e. Safety Reflective Coat and Safety Boots
In addition, the City will provide all employees in the classifications listed above in paragraph B.2. with one (1) safety reflective coat on initial hire with a replacement coat every 5 years, and one pair of OSHA approved safety steel toed boots or shoes to be replaced when warranted. The safety reflective coat and the safety boots are solely for personal health and safety purposes of the employee.

Any additional uniforms needed shall be supplied at the employee’s expense.

3. The parties acknowledge that the uniforms provided are not suitable for everyday wear, and that employees shall wear the provided uniforms only while on duty and traveling to and from work.

4. To comply with the special compensation requirements of CalPERS, the City shall report to CalPERS periodically as earned the value of the required uniforms and cleaning service provided by numbers 2 and 4 above for classic members (as defined by CalPERS). For classic members, the City and employees will be required to make required employer and employee contributions based on this special compensation in the applicable employer/employee contribution amounts. For example, classic members will be required to make the required employee contribution on this amount. Pursuant to CalPERS regulations, the value of uniforms and uniform cleaning for new members (as defined by CalPERS) does not count as special compensation.

C. TOOLS AND EQUIPMENT.

1. For employees, except the City Mechanic, all items of essential equipment and tools will be provided by the City, except that an employee may elect to provide all or any part of his/her own equipment and tools.

2. City-owned equipment and tools shall be used solely in the exercise of official City business.

3. The City Mechanic will personally furnish all hand tools necessary for normal general maintenance to vehicles and equipment. The city will reimburse the Mechanic for onehalf (1/2) the Mechanic’s cost of hand tools, up to One Hundred Fifty Dollars ($150.00) per year.

4. Care of Tools and Equipment.

Each employee having care or custody of City-owned property (including money) or equipment has a responsibility to take appropriate care of the property or equipment, including safeguarding it against theft or damage. Any employee becoming aware of the theft of, or malicious damage to City-owned property or equipment shall immediately report it to the Police Department.

5. For employees who are required to use a cell phone during normal course of their duties and/or are required to be on-call for the day, the City will provide a City issued cell phone.

Agenda Item #9.6.

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ARTICLE 10

HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE
A. HEALTH INSURANCE.

The City will pay provide medical insurance for each Full-Time Employee and his or her eligible dependents. City is currently a member of Redwood Empire Municipal Insurance Fund (REMIF) and subject to their decisions regarding type and number of plans offered. Should REMIF propose material changes to the insurance plans, City will meet and confer on medical insurance options.

B. DENTAL INSURANCE.

The City will pay the full premium for dental insurance benefits for each Full-Time Employee and all dependent family members.

C. VISION INSURANCE.

Subject to REMIF approval, the City will obtain and pay the full premium for a REMIF Vision Plan for all Full-Time Employees.

D. LIFE INSURANCE.

The City will pay the full premium for a $25,000.00 life insurance plan to cover each Full-Time Employee. At the employee’s expense, an employee has the option to increase the amount of life insurance coverage up to an additional $20,000.00.

E. SUPPLEMENTAL LIFE INSURANCE.

The City does not provide, however Full-Time Employees may purchase additional supplemental life insurance.

F. DISABILITY INSURANCE.

The City will pay the full premium for the California State Disability Insurance program primary disability insurance plan covering each Full-Time Employee.

Agenda Item #9.6.

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ARTICLE 11

RETIREMENT, SOCIAL SECURITY, DEFERRED

COMPENSATION AND DEPENDENT CARE ASSISTANCE
A. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS).

Employees covered by this MOU are provided retirement benefits under the California Public Employees’ Retirement System (CalPERS) as described in this Article 11, Section A.

1. Tier One: 2% at 55 Retirement Program – Employees Hired Before July 1, 2012 (Tier 1 Classic Members)
This Section 1 (including subsections) shall apply to employees hired before July 1, 2012:
a. 2% at 55 Pension Formula
The “2% @ 55” retirement program will be available to employees covered by this Section.
b. Final Compensation Based On 12-Month Period
For the purposes of determining a retirement benefit, final compensation for employees covered by this Section 1 shall mean the highest twelve (12) consecutive month period as specified in Government Code Section 20042. c. Required Employee Contributions
i. Member Contribution
Employees covered by this Section 1 shall continue to pay, through payroll deduction, the full 7.0% member contribution.
ii. Pension Cost Sharing
Effective January 9, 2016, employees covered by this Section 1 shall pay, through payroll deduction, the full 7.0% member contribution and an additional 1% of PERSable compensation toward the City’s required contribution for a total contribution of 8% toward the normal cost of pension benefits as permitted by Government Code Section 20516.

Agenda Item #9.6.

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2. Tier Two: 2% at 60 Retirement Program for Employees Hired On or After July 1, 2012, and Before January 1, 2013, and Employees Qualified for Reciprocity (Tier Two Classic Members)
This Section 2 (including subsections) shall apply to employees hired on or after July 1, 2012, and before January 1, 2013. In addition, this Section 2 (including subsections) shall apply to employees hired on or after January 1, 2013, who are qualified for pension reciprocity as stated in Government Code Section 7522.02(c) and related CalPERS reciprocity (Classic Member) requirements:
a. 2% at 60 Pension Formula
The “2% @ 60” retirement program will be available to employees covered by this Section 2.
b. Final Compensation Based On 36-Month Period
For the purposes of determining a retirement benefit, final compensation for employees covered by this Section 2 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service.
c. Required Employee Contributions
i. Employees covered by this Section 2 shall continue to pay, through payroll deduction, the 7.0% member contribution.
ii. Pension Cost Sharing
Effective the first full pay period in January 2016, employees covered by this Section 2 shall pay, through payroll deduction, the full 7.0% member contribution and an additional 1% of PERSable compensation toward the City’s required contribution for a total contribution of 8% toward the normal cost of pension benefits as permitted by Government Code Section 20516.

3. Tier Three: 2% at 62 PEPRA Retirement Tier Required For Employees Hired On or After January 1, 2013 and Not Qualified For Reciprocity (Not a Classic Member) This Section 3 (including subsections) shall apply to employees who were hired on or after January 1, 2013, and who do not qualify for pension reciprocity (not a Classic Member) as stated in Government Code Section 7522.02(c). a. 2% at 62 Pension Formula
The “2% @ 62” retirement program will be available to employees covered by this Section 3.

Agenda Item #9.6.

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b. Final Compensation Based On 36-Months
Effective January 1, 2013, for the purposes of determining a retirement benefit, final compensation for employees covered by this Section 3 shall mean the highest annual average pensionable compensation earned during thirty-six (36) consecutive months of service as required by Government Code Section 7522.32. c. Required Employee Contributions
i. Required 50% of Normal Costs
As required by Government Code Section 7522.30, effective January 1, 2013, employees covered by this Section 3 shall pay, through payroll deduction, fifty percent (50%) of normal costs.
ii. Pension Cost Sharing
Effective the first day of the first full pay period in January 2016, in addition to paying 50% of normal costs as described above, employees covered by this Section 3 shall pay, through payroll deduction, an additional 1.0% of PERSable compensation toward the City’s normal cost of pension benefits as permitted by Government Code Section 20516.

4. Cost Sharing Implementation – All Tiers
The parties acknowledge that CalPERS mandates an election of unit members, separate from ratification of this MOU, to provide for this cost sharing pursuant to Government Code Section 20516. As soon as practicable after the effective date of this MOU, the City will initiate the contract amendment process. Upon approval and agreement from the bargaining unit and completion of the City’s amendment to the CalPERS contract, employee contributions will be made pursuant to Government Code Section 20516, Unit Member Cost Sharing of Additional Benefits. If the contract amendment is not complete before the effective date of the cost sharing described in Sections A(1)(c)(ii), A(2)(c)(ii), and A(3)(c)(ii), the cost sharing shall be implemented outside of a CalPERS contract amendment as authorized by Government Code Section 20516(f) and shall extend beyond the expiration of this MOU and establish the status quo for purposes of future negotiations. The Union and the City will take all actions necessary to implement the pension cost sharing agreement described in Sections A(1)(c)(ii), A(2)(c)(ii), and A(3)(c)(ii).

5. Converting Sick Leave Balance
An employee who retires may convert his/her unused sick leave balance to service credit as provided by Government Code Section 20965. Any accrued unused sick leave credit Agenda Item #9.6.

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that is paid out at termination pursuant to Article 8(D)(6) will not be available for conversion to service credit.

6. Other Options Included In CalPERS Contract
Employees shall be eligible for other options included in the City’s contract with CalPERS as stated in that contract, and allowed by law.

7. Implementation of Internal Revenue Code Section 414(h)(2) As permitted by Internal Revenue Code Section 414(h)(2) and Government Code Section 20516, each employee shall pay, through payroll deductions, the PERS contributions described in this Article 11 with state and federal income tax on the PERS member contribution deferred to the extent permitted by Internal Revenue Code, 26 USC Section 414(h)(2).

8. All Provisions Subject to Requirements of Law
The parties recognize and agree that the City is required to comply with all requirements of law governing the CalPERS retirement program, including, but not limited to eligibility and reporting requirements. In implementing this MOU and related practices, the City will comply with the requirements of law, and those legal requirements prevail over any inconsistent prior practices or MOU terms.

B. SOCIAL SECURITY PAYMENT.

Employee contributions for Social Security are the responsibility of the employee and will not be reimbursed by the City.

C. DEFERRED COMPENSATION PLAN.

The City offers a deferred compensation plan under which employees may designate portions of their salaries to be deferred for tax purposes. The City will equally match an employee's deferred compensation contribution, not-to-exceed Fifty Dollars ($50.00) per month.

D. CAFETERIA PLAN.

The City allows employees to deposit up to $5,000.00 of their before-tax earnings into an account and pay themselves back for certain enumerated personal and dependent care expenses with tax-free dollars pursuant to Internal Revenue Code Section 125.

Agenda Item #9.6.

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ARTICLE 12

BENEFITS ON TERMINATION/RETIREMENT
Upon termination/retirement of employment, all benefits provided by the City to an employee shall be terminated with the following exceptions:

A. COBRA CONTINUATION.

A terminated employee may be entitled to certain insurance coverage opportunities under the federally mandated COBRA Program.

B. CONTINUATION OF CERTAIN INSURANCE POLICIES.

Upon retirement, an employee enrolled in an insurance program (other than life insurance) maintained or sponsored by the City, may continue to be enrolled in such program subject to the conditions set forth below.

1. Conditions.
a. That continued enrollment has the approval of the insurance company concerned. b. Enrollment will cease at such time as the City terminates or converts an insurance program.
c. The retired employee shall either regularly reimburse the City for the full premium payment or make payments directly to the insurance company. d. Unused Sick Leave, Vacation Leave and/or Comp Time may be credited toward health insurance premium in the manner set forth below.

2. Use of Accrued Sick Leave, Vacation Leave and Comp Time to Offset Premiums.

Retiring employees have the option of applying 100% of their unused sick leave accrued prior to July 1, 2012, Vacation Leave and/or Comp Time toward the payment of continuation insurance premiums, to the extent allowed by law. The total number of hours of leave shall be multiplied by the hourly rate of the employee at the time of retirement. The City will first apply Sick Leave, then Vacation Leave and finally Comp Time to the payment of the premiums. If the employee dies before the Sick Leave, Vacation Leave and/or Comp Time is depleted, the City will make a lump sum payment, less applicable withholdings, to the employee’s estate, at the following rates: the remaining Sick Leave multiplied by the employee’s hourly rate at retirement multiplied by .50; the remaining Vacation Leave and/or Comp Time multiplied by the employee’s hourly rate at retirement.

Agenda Item #9.6.

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ARTICLE 13

GRIEVANCE PROCEDURE
A. GRIEVANCE DEFINED.

A grievance is a formal allegation by a member of the Association or by the Association on behalf of a member, regarding an alleged violation of a specific provision of this MOU during its term, excluding all City ordinances, resolutions, rules and regulations, the subject of which are not specifically covered by the provisions of this MOU. This grievance procedure shall not apply to discipline, including the content of performance evaluations, layoff, demotion, reprimand, transfer, denial of reinstatement or denial of step increase. This grievance procedure shall be the exclusive means of resolving contract grievances of employees covered by this MOU.

B. PROCEDURE.

1. Step 1: Informal Discussion.

Within ten (10) calendar days of the occurrence of an act in dispute or within ten (10) calendar days of when a member should reasonably have become aware of the occurrence of the act in dispute, an employee shall discuss it with his or her immediate Supervisor, who shall investigate and attempt to resolve the matter. The Supervisor shall give the employee an oral reply within five (5) calendar days after the discussion. If the employee is not satisfied with the response, he or she may proceed to Step 2.

2. Step 2: Department Head Determination.

Any dispute not resolved at Step 1 may be submitted to the Department Manager in writing within ten (10) calendar days after the Supervisor’s response in Step 1. The written statement should cite the specific provision of this MOU in dispute. A copy of the written statement shall be provided to the affected employee’s immediate Supervisor.

Within five (5) calendar days thereafter, a meeting shall be scheduled with the employee and the Department Head who shall attempt to resolve the matter. The Department Head shall give the employee a written reply within five (5) calendar days after such meeting.

If the employee is not satisfied with the response, he or she may proceed to the next step.

3. Step 3: City Manager Review.

Any dispute not resolved at Step 2 may be submitted in writing to the City Manager, with copies of the Step 2 response, within five (5) calendar days after the Department Manager’s response. The City Manager shall provide written confirmation of receipt of the dispute to the employee, and shall schedule a meeting within five (5) calendar days, to discuss the matter with the employee. After consideration of the facts, the City Manager shall give his or her written decision to the employee within ten (10) calendar days after the meeting.

Agenda Item #9.6.

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4. Step 4: City Council Review.

If the employee is not satisfied with the decision, the employee may request a hearing before the City Council. Such request for hearing must be submitted in writing within fifteen (15) days of receipt of the City Manager’s decision and shall include in detail the facts giving rise to the general grievance and all supporting documentation necessary for City Council consideration. Management shall calendar on the City Council Agenda such request and supporting documentation within thirty (30) days. The matter may be heard in open or closed session as permitted by law. The City Council shall have the following options: (1) refuse to hear the appeal; (2) make a decision on the documentation submitted; or (3) hold a hearing after which they shall make a decision.

The decision of the City Council shall be final.

C. DEADLINES.

The parties may mutually agree to extend any of the above deadlines in writing. Either party may extend the deadlines for reasons of prolonged illness, canceled meetings, or in response to other unavoidable circumstances.

Agenda Item #9.6.

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ARTICLE 14

RESIGNATION, TERMINATION AND DISCIPLINARY ACTION
A. RESIGNATION.

An employee wishing to leave his or her service to the City in good standing shall file with the Department Head, at least two (2) weeks prior to leaving City service, a written resignation stating the effective date and reasons for leaving. The resignation shall be forwarded to the Personnel Office with a Personnel Action Form. Failure to give two (2) weeks’ notice shall be entered upon the service record of the employee and may be cause for denying future employment by the City. The resignation of an employee who fails to give the required notice shall be reported immediately to the Human Resources Manager by the Department Head.

B. EXIT INTERVIEW.

Any person leaving City employment shall have the opportunity to meet with the City Manager.

The purpose of the meeting shall be to allow the City Manager to receive, and the employee the opportunity to provide, the employee’s candid observation of City employment in order to help improve personnel management and departmental functioning. Such interviews normally shall be conducted no earlier than fifteen (15) days prior to nor more than fifteen (15) days later than the employee’s effective date of retirement or termination of employment.

C. DISCIPLINARY AUTHORITY.

A Full-Time Employee may be disciplined or discharged by his or her Department Head, but shall have the right to appeal the discipline or discharge for final determination by the City Manager as set forth below.

D. PROBATIONARY EMPLOYEES.

In accordance with the City’s policy on Probationary Employees, Probationary Employees are not entitled to the Disciplinary Procedures or Appeal rights set forth in this Article 14.

Probationary Employees are at-will employees and may be disciplined or terminated at-will, without notice and without cause. The City has no obligation to limit its reasons for discipline or termination to those set forth in Subparagraph H. The City’s willingness to discipline or terminate an employee in accordance with this Article 14 does not alter the at-will status of the Probationary Employee’s employment.

E. DISCIPLINARY ACTIONS.

For employees who have passed the probationary period the City generally will apply principles of progressive discipline in response to actions constituting cause for discipline that reasonably are subject to remediation. However, the City may discipline employees without progression, up to and including termination, in instances where the City reasonably determines that the action at issue is sufficiently serious and/or remediation is not appropriate.

Agenda Item #9.6.

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The following are appropriate disciplinary actions that may be taken as corrective measures.

1. Reprimand.

An employee may be reprimanded by his or her Supervisor, Department Head, or the City Manager. A reprimand may be either verbal or written. A note may be made of a verbal reprimand and placed in the employee’s personnel file, and a written reprimand will be placed in the employee’s personnel file. Grounds for reprimand include, but are not limited to those listed in Subparagraph H below. Reprimands are not subject to Discipline Procedures and the right to Appeal. However, the employee has the right to meet with the Supervisor/Department Head who issued the reprimand before the reprimand is placed in the employee’s personnel file. The employee may also rebut the reprimand by providing a written statement which will be included in the employee’s personnel file along with the written reprimand.

2. Suspension.

An employee may be suspended by his or her Department Head. Suspension may be imposed for disciplinary purposes or may be imposed pending investigation and possible discharge. While the matter is being investigated, employee shall continue to receive salary and benefits.

Suspension shall be for a fixed period of time. Grounds for suspension include, but are not limited to those listed in Subparagraph H below. Suspension of Full-Time Employees who have completed their Probationary Period is subject to Discipline Procedures and the right to Appeal.

3. Reduction in Salary.

A Department Head may reduce the salary of an employee for disciplinary reasons, provided that such reduction shall be to a step or percentage within the salary range of the Classification held by the employee. A new Anniversary date (for purpose of salary increases only) shall be established as of the effective date of the reduction in salary, unless the reduction is for a specified period of time, in which case the Anniversary date would not change, or unless otherwise recommended by the Department Head. Reductions in salary of Full-Time Employees who have completed their Probationary Period are subject to Discipline Procedures and the right to Appeal.

4. Demotion.

A Department Head may demote an employee for disciplinary reasons to any Classification with a lower salary, provided the employee meets the minimum qualifications for the lower-level class. The employee shall not be eligible for promotion for a period of six (6) months unless otherwise recommended by the Department Head. Disciplinary demotions of Full-Time Employees who have completed their Probationary Period are subject to Discipline Procedures and the right to Appeal.

Agenda Item #9.6.

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5. Dismissal.

A Department Head may dismiss an employee for Cause, as set forth in Subparagraph H, below.

Dismissal of Full-Time Employees who have completed their Probationary Period is subject to Discipline Procedures and the right to Appeal.

F. DISCIPLINARY PROCEDURE.

1. Initial Investigation.

An alleged violation of policy, procedure, rules, regulations, directives, orders, or laws shall be investigated by the employee’s Supervisor or other designated investigator before the employee may be subject to discipline for the violation. The investigator shall complete a written report of the investigation, including the employee’s statement, the specific violations, all available facts related to the alleged violation(s), and statements of witnesses, if any. The investigator may recommend appropriate discipline. Based on the information received in the investigation, the Supervisor shall determine appropriate disciplinary action.

2. Notice of Proposed Discipline.

The Supervisor shall provide written notice of the proposed disciplinary action to the affected employee. The notice of proposed discipline shall contain the following information:
 A statement which clearly defines the intent to take action and the specific action to be taken;
 The date the action is intended to take effect;
 A statement of the rule(s) or regulation(s) that has/have allegedly been violated;  A statement of the specific action, charge(s), and facts on which the proposed action is based;
 Copies of the written materials, reports, and documents considered by the Department Head in his/her decision to impose the proposed action.  Notice of the employee’s right to respond to the charges, verbally or in writing, to the Department Head within seven (7) calendar days of receipt of the Notice of Proposed Discipline. A statement that the failure to respond within the prescribed time period following receipt of the Notice of Proposed Discipline shall constitute a waiver of the right to respond and the proposed discipline will be imposed.

Agenda Item #9.6.

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3. Proposed Discipline Deferred.

If the employee or designated representative requests the right to respond, either orally or in writing, the imposition of proposed discipline shall be deferred until after a pre-disciplinary (Skelly) hearing.

4. Pre-Disciplinary (Skelly) Hearing.

Where a written or oral response has been elected, the Department Head shall schedule, coordinate, and conduct a Pre-Disciplinary Hearing within ten (10) calendar days of the employee’s request. The purpose of the hearing is for the employee to provide additional information and facts relevant to the alleged violation in order for the Department Head to have all the facts prior to making a final decision regarding the proposed disciplinary action. The employee may elect to have representation at the hearing. If the employee fails to appear at or provide a written statement for the Pre-Disciplinary Hearing, his or her right to appeal the proposed discipline is forfeited.

5. Notice of Disciplinary Action.

Within seven (7) working days of the Pre-Disciplinary Hearing, the Department Head will notify the affected employee with a written Notice of Disciplinary Action. The Disciplinary Action will have been made following a factual finding and review of all the information provided. If the Department Head determines not to impose any disciplinary action, he or she will notify the employee of this as well. The Notice of Disciplinary Action shall state the disciplinary action, the date it will take effect, and the employee’s right to appeal, if any. Disciplinary actions may be imposed prior to hearing the employee’s post Skelly Appeal hearing or other disciplinary hearing.

6. Paid Administrative Leave.

The Department Head shall have the right to put any employee on immediate paid administrative leave pending investigation and processing of any potential disciplinary action.

7. Exclusions.

The provisions of this Article 14 shall not apply to reductions in pay which are part of a general plan to reduce salaries and wages or to eliminate positions, employee reclassifications, reprimand, transfers without loss of pay, performance evaluations, or economic layoffs. Nor do the provisions of this Article 14 apply to Probationary Employees.

G. APPEAL.

1. Right of Appeal.

An employee who has received a Notice of Disciplinary Action that provides for the right to appeal may, within fourteen (14) calendar days of its receipt, appeal the decision pursuant to the Agenda Item #9.6.

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procedures set forth below. An employee, who fails to appeal the disciplinary action within the fourteen (14) day time period, forfeits his or her appeal and the disciplinary action shall be final and binding.

2. Procedure.

In order to Appeal the Disciplinary Action, the employee shall file with the City Manager a written answer to the charges contained in the Notice of Proposed Disciplinary Action and/or the Notice of Disciplinary Action and request the right to appeal the City’s disciplinary action (collectively, the “Request to Arbitrate”). Upon receipt of the Request to Arbitrate, the City Manager shall initiate the Appeal process.

3. Appointment of Hearing Panel.
a. The Hearing Panel shall consist of one person selected by the City, one person selected by the Association, and a neutral chairperson selected jointly by the City and the Association.
b. The neutral panel chairperson shall be selected jointly by the parties within fourteen (14) calendar days of receipt by the City Manager of the employee’s Request to Appeal.
c. If the parties are unable to mutually agree on a neutral panel chairperson within the fourteen-day period, the City shall solicit a list of seven (7) neutrals from the State of California Mediation/Conciliation Service. After receipt of the list, the parties shall, with the City striking first, alternately strike arbitrators’ names from the list until one remains. The parties shall make every effort to complete the striking process within ten (10) calendar days of receipt of the list from the State. d. If the neutral selected declines appointment or is otherwise unavailable, a new list shall be requested as described above and the process repeated within the same time period, unless the parties can otherwise mutually agree on the selection of a neutral chairperson.
e. The cost of the neutral shall be shared equally, with fifty percent (50%) of the fee paid by the City and fifty percent (50%) of the fee paid by the Employee.

4. Pre-Hearing Matters.

The hearing shall be held at the earliest administratively convenient date, taking into consideration the availability of the panel members and the availability of counsel and witnesses. The arbitration hearing shall be private. The panel may, prior to or during the hearing, grant a continuance for any reason the panel believes to be important in order to reach a fair and proper decision. Neither party shall have ex parte communications with the neutral panel chairperson.

5. Conduct of the Hearing.
a. The hearing shall be conducted in the manner most conducive to the determination of the truth. Both the City and the employee may be represented by legal counsel Agenda Item #9.6.

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or may elect to proceed without counsel. The employee may choose to be represented by an Association representative.
b. The panel shall determine the relevancy, weight, and credibility of the testimony and evidence. The panel shall not be bound by the technical rules of evidence. The panel shall base its finding on the preponderance of the evidence. The City shall have the burden of proof.
c. Each side will be permitted an opening statement and closing argument. The City shall first present its witnesses and evidence to sustain the charges and the employee will then present his/her witness(es) and evidence to rebut the charges. d. A court reporter will be retained by the City to make a transcript of the hearing. No audio or video tape recording will be permitted. The employee or his/her representative may obtain a copy of the transcript of the hearing upon request and at his/her own cost.
e. Each side will be allowed to examine and cross-examine witnesses. The employee filing the appeal may be called and examined as if under cross-examination. f. The panel shall, if requested by either party, subpoena witnesses and/or require production of other relevant records or material evidence. The panel may consider the records of any relevant prior disciplinary actions against the employee, as long as those actions are final.

6. Findings of the Panel.

After the conclusion of the hearing, the hearing panel shall prepare a recommended decision based on its findings of fact and application of law, and forward it to the City, the employee, and the Association. The recommended decision shall set forth which charges the panel sustains or does not sustain and the reason(s) for the panel’s decision. The panel’s findings and recommended decision must be supported by a majority of the panel members (i.e., at least two panel members must agree on each finding or recommendation).

7. Decision of the City Manager.

After receiving and considering the recommendation of the hearing panel, the City Manager may sustain or reject any or all of the charges filed against the employee. The City Manager may sustain, reject or modify the disciplinary action invoked against the employee. However, the City Manager may not increase the severity of the discipline originally invoked by the City.

H. REASONS FOR REPRIMAND, DISCIPLINE, DEMOTION, SUSPENSION, OR DISCHARGE INCLUDE:

The following are deemed sufficient cause to warrant disciplinary action. However, cause to discipline an employee is not limited to these reasons alone:
 Absence without prior approval or excessive tardiness.  Use of, or being under the influence of illegal drugs or alcohol while on City business, or during work hours, or while representing the City.

Agenda Item #9.6.

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 Violation of the City’s anti-discrimination, anti-harassment policies and/or workplace violence policies.
 Failure to maintain any employment qualification, including but not limited to driver’s license or other certifications.
 Theft, pilferage, or misuse of City property.
 Falsification of public records.
 Dishonesty.
 Disorderly or immoral conduct.
 Incompetence.
 Failure to meet expected performance standards.
 Neglecting to perform expected job duties.
 Inability to perform the essential duties of the job (with reasonable accommodation, if required by law).
 Insubordination or willful or disobedience.
 Negligence or willful damage to public property or the personal property of another employee.
 Fraud in securing employment.
 Discourteous treatment of the public or other employees.  Conviction of a felony (including pleas of guilty and nolo contendere), or a conviction of a misdemeanor (including pleas of guilty) where the misdemeanor conviction is related to the position held.
 Violation of any reasonable regulation, policy, rule, SOP, or order.  Failure to maintain satisfactory working relationships with supervisors, employees, contractors, or the public.
 Interference with the work performance of others.
 Acceptance of bribes or extortion.

Agenda Item #9.6.

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 Acceptance of any gift, reward, or other form of compensation in addition to regular compensation for performance of official duties other than as provided for by written City policy.
 Illegal gambling on City property or during working hours.

Agenda Item #9.6.

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ARTICLE 15

LAYOFF PROCEDURE
The procedures set forth in the City of St. Helena Layoffs and Furloughs Policy shall apply during the term of this MOU.

Agenda Item #9.6.

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ARTICLE 16

SEPARABILITY
Notwithstanding any provisions of this MOU to the contrary, in the event that any Article or Subsections thereof of this MOU shall be declared invalid by any Court of competent jurisdiction or by any applicable State or Federal law or regulation, or shall a decision by any Court of competent jurisdiction or any applicable State or Federal law or regulation diminish the benefits provided by this MOU or impose additional obligations on the City, the parties shall meet and confer or negotiate on the Articles and Subsections thereof affected. All other provisions of this MOU shall continue in full force and effect.

Agenda Item #9.6.

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ARTICLE 17

TERM & COMPLETION OF NEGOTIATIONS
Following approval by the City and the Association and ratification by the City Council, the term of this MOU shall commence on July 1, 2022 and shall expire on June 30, 2025.

The City and the Association shall have one reopener for each party during the term of the agreement.

During the term of this Agreement, the Association and the City agree that neither party shall be obligated to meet and confer with respect to any subject or matter covered by this Agreement, except as follows:
 The parties agree to meet and confer on any mandatory subjects of bargaining which have the potential to affect wages, hours, and other terms and conditions of employment (as defined by the MMBA), any City-proposed changes to the SHEA job descriptions, Employee Handbook and/or related policies and procedures;
 The parties may mutually agree to meet and confer on any topic.

Agenda Item #9.6.

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ARTICLE 18

SIGNATURES
This Memorandum of Understanding has been ratified and adopted pursuant to the recommendation of the following representatives:

ST. HELENA EMPLOYEES ASSOCIATION

REPRESENTATIVE
__________________________________________

REPRESENTATIVE
CITY OF ST. HELENA
Approved by the City Council by Resolution Number 2022-XX

CITY MANAGER
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MEMORANDUM OF UNDERSTANDING

BETWEEN
ST. HELENA EMPLOYEES ASSOCIATION
AND
CITY OF ST. HELENA

FOR THE PERIOD
JULY 1, 2022 THROUGH JUNE 30, 2025
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1. Eligibility………………………………………………………... 13

1. Probationary Period……………………………………………... 17

2. Termination during Probationary Period………………………... 17

1. 2022 Salary Schedule Increase …………………………………. 18

2. 2023 Salary Schedule Increase………………………………….. 18

1. Steps……………………………………………………………... 19

1. General Policy…………………………………………………… 19

2. Overtime Compensation………………………………………… 20
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3. Compensatory Time Off………………………………………… 20

1. Rate of Accrual or Award……………………………………….. 23

2. Administration…………………………………………………... 24
B. HOLIDAYS……………………………………………………………... 24

1. Holidays…………………………………………………………. 24

2. Exceptions……………………………………………………….. 24

3. Observance………………………………………………………. 24

1. Accrual and Use………………………………………………..… 25

2. Administration/Fitness for Duty………………………………….. 25

3. Reason for Granting……………………………………………... 26

4. Limitations and Related Provisions……………………….……… 26

5. Sick Leave Abuse……………………………………………….. 27

1. Permissible Reasons for Leave………………………………….. 28

2. Procedure………………………………………………………... 28

1. Specialized Schools and Training……………………………….. 30

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1. Conditions……………………………………………………….. 38

1. Step 1: Information Discussion………………………………….. 39

2. Step 2: Department Head Determination………………………... 39

3. Step 3: City Manager Review…………………………………… 39

1. Reprimand……………………………………………………….. 42

2. Suspension………………………………………………………. 42

3. Reduction in Salary……………………………………………… 42

4. Demotion..………………………………………………………. 42

5. Dismissal………………………………………………………… 43
F. DISCIPLINARY PROCEDURE………………………………………... 43

1. Initial Investigation……………………………………………… 43

2. Notice of Proposed Discipline…………………………………... 43

3. Proposed Discipline Deferred…………………………………… 44
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4. Pre-Disciplinary (Skelly) Hearing………………………………. 44

5. Notice of Disciplinary Action…………………………………… 44

6. Paid Administrative Leave………………………………………. 44

7. Exclusions……………………………………………………….. 44
G. APPEAL………………………………………………………………… 44

1. Right of Appeal………………………………………………….. 44

2. Procedure………………………………………………………... 45

3. Appointment of Hearing Panel.…………………………………. 45

4. Pre-Hearing Matters……………………………………………... 45

5. Conduct of Hearing……………………………………………… 45

6. Findings of the Panel……………………………………….. 46

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ARTICLE 1

Agenda Item #9.6.

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ARTICLE 2

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ARTICLE 3

ASSOCIATION & CITY RIGHTS
A. ASSOCIATION RIGHTS.

The Association shall have the following rights and responsibilities:

1. Reasonable advance notice of any City ordinance, rules, resolution or regulation directly relating to matters within the scope of this MOU.

2. Reasonable use of one (1) bulletin board at City Hall.

3. The right to payroll deductions made for payment of Association dues and for Cityapproved programs.

8. Reasonable accommodation that all new job openings within the City will be posted at minimum internally and qualified association members be given the opportunity to apply.

B. CITY RIGHTS.

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St. Helena City CouncilSeptember 13, 2022

St. Helena City Council
September 13, 2022