HALEY & ALDRICH, INC.
785 Ygnacio Valley Road
Walnut Creek, CA 94596
925.393.3092 Dir
925.433.2321 Teams
[email protected]
www.haleyaldrich.com
Construction observation is proposed and budgeted at three (3) days per week for fifty-two (52) weeks.
In order to accomplish the installation of 2,800.0 new water meters in one year, the contractor will have to average fifty-four (54) meter installations each week for fifty-two straight weeks. Observation time required to observe each installation and provide documentation to support processing contractor pay estimates will require a minimum of three days per week. This requires the construction observer to complete approximately 2.5 meters per hour including travel time between meter locations. Additional time is allotted in this estimate for the preparation of Daily Field Reports and travel time to and from the project site.
Project W24-04 in the approved Capital Improvement Program includes design and construction management budgets of $150,000 each with a total of $300,000. This revised proposal requires a total time & materials, not-to-exceed budget of $406,000, rounded to the nearest thousand dollars, to provide owner’s representative, design, and construction management services, with a five (5%) percent contingency, to complete the overall project within FY 2024/25 (June 30, 2025). All scope items are shown, with budget amounts, in the spreadsheet attached to this proposal.
Please reach out to me on 925.393.3092 or [email protected] with any questions regarding this proposal.
Thank you, Joe, and Lesley.
Scott D. Alman, P.E.
Senior Principal Engineer
Phil Gregory, PE, GE
Senior Principal Engineer
Agenda Item #10.4.
Total Labor Expense Consultants
405,611.50 355,296.50 41,075.00 9,240.00
Project Management 14,674.50 14,242.50 432.00 -
Project Management 12,034.50 11,602.50 432.00 -
Subcontract Management - DIR Subconsultant 2,640.00 2,640.00 - - PS&E/Bid Docs 43,120.00 42,845.00 275.00 -
Bid Document Set 23,550.00 23,550.00 - -
Staff Report to Authorize Bid Process 3,460.00 3,460.00 - - Advertise Bids 485.00 210.00 275.00 -
Receive/Evaluate/Answer Five (5) Bidder RFIs 3,025.00 3,025.00 - - Issue Two (2) Bid Addendums 5,680.00 5,680.00 - -
Receive/Open/Evaluate Bids 1,480.00 1,480.00 - -
Staff Report to Award Construction Coontract 2,720.00 2,720.00 - - Staff Report to Purchase SMART Meters 2,720.00 2,720.00 - - Construction Management 318,622.00 291,289.00 18,093.00 9,240.00 Construction Contract execution 4,800.00 4,800.00 - -
Preconstruction Conference 3,640.00 3,640.00 - -
Process Contractor Pay Estimates 5,220.00 5,220.00 - -
DIR Prevailing Wage Review 13,440.00 4,200.00 - 9,240.00 Construction Observation 223,662.00 205,569.00 18,093.00 - DFR Preparation 33,930.00 33,930.00 - -
Travel Time 33,930.00 33,930.00 - -
Project Close-out 6,920.00 6,920.00 - -
Staff Report to Accept Project and Release Bonds 6,920.00 6,920.00 - - Project Contingency 22,275.00 - 22,275.00 -
5% Contingency 22,275.00 - 22,275.00 -
Agenda Item #10.4.
From: Jeff Farmer
To: Public Comment
Subject: [External] Consent Items 10.4, 10.5, 10.10
Date: Friday, May 10, 2024 8:30:30 AM
Honorable Mayor and Council Members:
I am gratified to see that these consent items address the potable water loss problem and give us tools to more accurately measure water loss.
More needs to be done to replace potable with recycled water and find new sources of water for St. Helena. We need to find customers for recycled water, re-explore connecting to the PUC water system, increase the efficiency of Bell Canyon reservoir and find more users of water from the Lower Reservoir. At a County level we need to examine the benefits of new or different system interties and regional cooperation with other water agencies.
These consent items are a good step in that direction.
Jeff Farmer
1533 Tainter
St. Helena
Agenda Item #10.4.
From: Eric Hall
To: Cindy Tzafopoulos
Cc: Anil Comelo
Subject: [External] Public Comment - Water Supply
Date: Friday, May 10, 2024 7:15:06 PM
Attachments: image.png
Cindy,
As I will not be present at next week's Council meeting, please distribute this to Council as Public Comment. Thank you.
Jeff Farmer's public comment, submitted Friday, May 10, is right on the mark. We are long overdue in dutifully studying and understanding pros/cons of various options to increase and secure our water supply.
As a community, we are all doing much better conserving, and we will continue to progress with new technologies and habits. However, even with full reservoirs and historic snowpacks at the moment, we cannot lose sight of the ongoing need to improve water security for St.
Helena. Now is the time, without the pressure of crisis management, to consider more supply options for the future.
The current upgrades to the wastewater treatment plant in theory should allow us to reclaim and reuse upwards of 300 acre feet of water each year ~ that's a 15-20% increase in our supply (the equivalent of 400 new households).
It's incumbent on this Council to think deeper and farther out, to recognize the many other opportunities available to us and to recommend staff analyze the pros and cons of these various potentialities, including:
* Regional interties with SH Hospital and PUC; Rector Reservoir in Yountville, Lake Hennessy with City of Napa; main line to Calistoga from Napa * Raising Bell Canyon dam 10 feet (doubles Bell Canyon capacity) * Drilling new municipal well near Tank 2 and Lower Reservoir (to replace and/or supplement Stonebridge wells)
* Explore whether or not the City has rights to certain private wells during declared water emergencies
* Others as suggested by staff, council or the community I recommend staff explore each of these and return to Council this fall with pros/cons, political, legal, cost constraints on each of these ideas. Which are feasible at what cost and which aren't?
I hope one or more of my council mates will second this idea to require staff agendize this item.
Thank you.
Best,
E
Agenda Item #10.4.
--
Eric M. Hall
Email: [email protected]
Cell: (925) 708-2686
Agenda Item #10.4.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: May 14, 2024
FROM: Lesley Milton, Asst. to the City Manager
SUBJECT: Approval of a Resolution Authorizing execution of a contract with On-Call Engineering firm Haley Aldrich for engineering, design, project and construction management services for Capital Improvement Program (CIP) Project
S24-05 Del Campo Gravity Sanitary Sewer Main
Replacement Project for a not to exceed cost of
$239,095.50.
RECOMMENDED
ACTION:
Approve the attached Resolution.
PREVIOUS COUNCIL
ACTION:
Capital Improvement Program Project S24-05 was
approved in the 5-Year CIP.
STATEMENT OF THE
PURPOSE:
To approve a contract for project management, design,
and construction management services to be able to
complete the Del Campo Gravity Sanitary Sewer Main
Replacement Project – CIP Project S24-05.
FINANCIAL IMPACT: The approved budget for this project is $608,000 which includes design, construction management, construction, and contingency. $108,000 was budgeted for design and
construction management and the total project costs for this contract is $239,095.50. No additional funds are being requested; however, staff is requesting that $131,095.50 be transferred from Construction to Design to facilitate the exploration and design of alternate plans.
BACKGROUND:
The Integrated Utility Master Plan
(https://www.cityofsthelena.org/DocumentCenter/View/185/2021-04-Integrated-UtilityMaster-Plan-PDF) prepared by Carollo Engineers in April of 2021 included the need to replace the Del Campo Gravity Sanitary Sewer Main.
Gravity Main along Del Campo Court (Project WWGM-6): This project includes the replacement of approximately 450 feet of 15-inch, and 18-inch diameter pipeline along Del Campo Court, between Hunt Avenue and Paseo Grand Drive; and 910 feet of 18-inch diameter pipeline along Paseo Gran Drive, between Del Campo Court and Los Robles Court. The flow levels of the pipeline cause an SSO upstream under PWWF conditions. To mitigate the risk of SSO occurring during Agenda Item #10.5.
PWWF conditions, it is recommended that the existing pipeline be replaced with a 21-inch diameter pipeline.
Based on the above recommendation, Project S24-05 Replacement of the Del Campo Sewer Main was created and approved in the 5-Year CIP.
Additionally, upon further investigation, staff has identified that the designs and the constructed sewer infrastructure at Vineyard Valley might be inconsistent leading to potential sanitary sewer overflow (SSO) threats during high-flow events. These highflow events are exacerbated by high Inflow and Infiltration (I&I) throughout the entire collection system. An alternate design is needed to prevent future SSO events.
Additionally, future sewer rehabilitation projects will be targeted at preventing (eliminating) I&I throughout the collection system, thereby reducing the threat of future SSOs.
DISCUSSION:
Since the final design or project scope is not yet defined, the proposed scope of work includes additional analysis of the project and possible recommended remedies. The full proposed scope of services is included in more detail in Exhibit A of the attached contract but in general are as follows:
1. Project Management of the project.
2. Review and Evaluate Closed Circuit Television (CCTV) inspection footage of the existing sewer line.
3. Perform flow calculations to estimate hydraulic grade line and Energy Grade Line.
4. Estimate the impact of inflow and infiltration (I&I) on the flow.
5. Prepare Plans, Specifications and Engineering designs for either repair of the existing pipeline, or replacement of the existing with new 21-inch pipe.
6. Manage bid process and award construction contract including drafting, posting and facilitating the bid process, as well as drafting staff reports for Council approval.
7. Construction Management services through the full construction of the project.
Haley Aldrich, Inc
Haley Aldrich, Inc has provided full-service engineering and construction management services such as capital project design for sewer, water, storm drain, transportation (including pavement and roadway design, pedestrian safety and bicycle facilities); project/program management; development review; encroachment permit processing; construction management and inspection; and program/project management of projects in coordination with other consultants. The City is currently working with Haley Aldrich on several additional CIP projects and their intimate knowledge of the City infrastructure is very beneficial to the this and other projects.
Staff recommends approval of this professional services agreement.
Agenda Item #10.5.
ENVIRONMENTAL REVIEW: Not a CEQA project
GOAL:
Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 8: Implement Capital Improvement Plans (CIP) Projects Miscellaneous/Other DOCUMENTS ATTACHMENTS:
Resolution Haley _ Aldrich Del Campo Sewer
20240514 HA Del Campo Sewer PSA
Agenda Item #10.5.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
APPROVAL OF A RESOLUTION AUTHORIZING THE EXECUTION OF A CONTRACT
WITH THE ON-CALL ENGINEERING FIRM HALEY & ALDRICH FOR ENGINEERING,
DESIGN, PROJECT AND CONSTRUCTION MANAGEMENT SERVICES FOR CAPITAL IMPROVEMENT PROGRAM PROJECT S24-05 DEL CAMPO SANITARY SEWER MAIN REPLACEMENT FOR A NOT-TO-EXCEED COST OF $239,095.50.
RECITALS
A. The Integrated Utility Master Plan prepared by Carollo Engineers included the need to replace the Del Campo Gravity Sewer Main; and
B. Replacing approximately 1,360 feet of undersized pipeline with upsized 21” pipeline along Del Campo Court and Paseo Gran Drive is required to prevent Sanitary Sewer Overflows; and
C. The Capital Improvement Program Project S24-05 Replacement of the Del Campo Sewer Main was created and approved as part of the 5-Year Capital Improvement Program; and
D. City Staff has identified that the designs and constructed sewer infrastructure at Vineyard Valley are inconsistent and may contribute to Sanitary Sewer Overflows during high-flow events that are exacerbated by high Inflow and Infiltration; and
E. City Staff have determined an alternate design is needed for Vineyard Valley to prevent further Sanitary Sewer Overflow events and eliminate Inflow & Infiltration throughout the upstream collection system; and
F. Haley Aldrich, Inc has provided full-service engineering and construction management services in the past including capital project design for sewer.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
Agenda Item #10.5.
1. The above recitals are true and correct and are incorporated herein by this reference.
2. Approves a Professional Services Agreement with Haley Aldrich for the engineering, design, and construction management services for CIP Project S24-05 for $239,095.50.
3. Authorizes a budget transfer of $131,095.50 from the Construction Management line 31-60 item to design line item 31-10 for this project.
4. Authorizes the City Manager to execute the agreement.
Approved at a Regular Meeting if the St. Helena City Council on May 14, 2024, by the following vote:
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Patrick Kenealy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ _____________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.5.
Haley & Aldrich, Inc Del Campo Sanitary Sewer Main May 2024 1 CITY OF ST. HELENA
PROFESSIONAL SERVICES AGREEMENT
Del Campo Sewer Replacement S24-05
This Agreement is made and entered into as of March 26, 2024 by and between the City of St. Helena, a public agency organized and operating under the laws of the State of California (“City”), and Haly & Aldrich, Inc. a Limited Liability Corporation with its principal place of business at 785 Ygnacio Valley Road, Walnut Creek, CA 94596 (hereinafter referred to as “Consultant”).
City and Consultant are sometimes individually referred to as “Party” and collectively as “Parties” in this Agreement.
RECITALS
A. City is a public agency of the State of California and of needs professional services for the following project:
Del Campo Sanitary Sewer Main Replacement Project CIP S24-05 B. Consultant is duly licensed and has the necessary qualifications to provide such services.
C. The Parties desire by this Agreement to establish the terms for City to retain Consultant to provide the services described herein.
AGREEMENT
NOW, THEREFORE, IT IS AGREED AS FOLLOWS:
1. Services.
Consultant shall provide the City with the services described in the Scope of Services attached hereto as Exhibit “A.”
2. Compensation.
a. Subject to paragraph 2(b) below, the City shall pay for such services in accordance with the Schedule of Charges set forth in Exhibit “A.” b. In no event shall the total amount paid for services rendered by Consultant under this Agreement exceed the sum of $239,095.50. Periodic payments shall be made within 30 days of receipt of an invoice which includes a detailed description of the work performed.
Payments to Consultant for work performed will be made on a monthly billing basis.
3. Additional Work.
If changes in the work seem merited by Consultant or the City, and informal consultations with the other party indicate that a change is warranted, it shall be processed in the following manner: a letter outlining the changes shall be forwarded to the City by Consultant with a statement of estimated changes in fee or time schedule. An amendment to this Agreement shall Agenda Item #10.5.
Haley & Aldrich, Inc Del Campo Sanitary Sewer Main May 2024 2 be prepared by the City and executed by both Parties before performance of such services, or the City will not be required to pay for the changes in the scope of work. Such amendment shall not render ineffective or invalidate unaffected portions of this Agreement.
4. Maintenance of Records.
Books, documents, papers, accounting records, and other evidence pertaining to costs incurred shall be maintained by Consultant and made available at all reasonable times during the contract period and for four (4) years from the date of final payment under the contract for inspection by City.
5. Term of Performance
The term of this Agreement shall be from May 14, 2024- April 30, 2026 unless earlier terminated as provided herein. The Parties may, by mutual, written consent, extend the term of this Agreement if necessary to complete the Project. Consultant shall perform its services in a prompt and timely manner within the term of this Agreement and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”). The Notice to Proceed shall set forth the date of commencement of work.
Consultant shall perform its services in a prompt and timely manner and shall commence performance upon receipt of written notice from the City to proceed (“Notice to Proceed”).
Consultant shall complete the services required hereunder according to the schedule established in the Scope of Work Exhibit A. The Notice to Proceed shall set forth the date of commencement of work.
6. Delays in Performance.
a. Neither City nor Consultant shall be considered in default of this Agreement for delays in performance caused by circumstances beyond the reasonable control of the nonperforming party. For purposes of this Agreement, such circumstances include but are not limited to, abnormal weather conditions; floods; earthquakes; fire; epidemics; pandemics; war; riots and other civil disturbances; strikes, lockouts, work slowdowns, and other labor disturbances; sabotage or judicial restraint.
b. Should such circumstances occur, the non-performing party shall, within a reasonable time of being prevented from performing, give written notice to the other party describing the circumstances preventing continued performance and the efforts being made to resume performance of this Agreement.
7. Compliance with Law.
a. Consultant shall comply with all applicable laws, ordinances, codes and regulations of the federal, state and local government, including Cal/OSHA requirements. b. If required, Consultant shall assist the City, as requested, in obtaining and maintaining all permits required of Consultant by federal, state and local regulatory agencies.
Agenda Item #10.5.
Haley & Aldrich, Inc Del Campo Sanitary Sewer Main May 2024 3 c. If applicable, Consultant is responsible for all costs of clean up and/ or removal of hazardous and toxic substances spilled as a result of his or her services or operations performed under this Agreement.
8. Standard of Care; Performance of Employees
a. Consultant’s services will be performed in accordance with generally accepted professional practices and principles and in a manner consistent with the level of care and skill ordinarily exercised by members of the profession currently practicing under similar conditions. b. Consultant’s employees and subcontractors shall have sufficient skill and experience to perform the Services assigned to them. Consultant represents that it, its employees and subcontractors have all licenses, permits, qualifications and approvals of whatever nature that are legally required to perform the Services, including a City Business License, and that such licenses and approvals shall be maintained throughout the term of this Contract. As provided for in the indemnification provisions of this Contract, Consultant shall perform, at its own cost and expense and without reimbursement from the City, any services necessary to correct errors or omissions which are caused by the Consultant’s failure to comply with the standard of care provided for herein. Any employee of the Consultant or its sub-consultants who is determined by the City to be uncooperative, incompetent, a threat to the adequate or timely completion of the Project, a threat to the safety of persons or property, or any employee who fails or refuses to perform the Services in a manner acceptable to the City, shall be promptly removed from the Project by the Consultant and shall not be re-employed to perform any of the Services or to work on the Project.
9. Assignment and Subcontracting
Consultant shall not assign, sublet, or transfer this Agreement or any rights under or interest in this Agreement without the written consent of the City, which may be withheld for any reason. Any attempt to so assign or so transfer without such consent shall be void and without legal effect and shall constitute grounds for termination. Subcontracts, if any, shall contain a provision making them subject to all provisions stipulated in this Agreement. Nothing contained herein shall prevent Consultant from employing independent associates and subcontractors as Consultant may deem appropriate to assist in the performance of services hereunder.
10. Independent Contractor
Consultant is retained as an independent contractor and is not an employee of City. No employee or agent of Consultant shall become an employee of City. The work to be performed shall be in accordance with the work described in this Agreement, subject to such directions and amendments from City as herein provided.
11. Insurance. Consultant shall not commence work for the City until it has provided evidence satisfactory to the City it has secured all insurance required under this section. In addition, Consultant shall not allow any subcontractor to commence work on any subcontract until it has secured all insurance required under this section. a. Commercial General Liability
Agenda Item #10.5.
Haley & Aldrich, Inc Del Campo Sanitary Sewer Main May 2024 4 (i) The Consultant shall take out and maintain, during the performance of all work under this Agreement, in amounts not less than specified herein, Commercial General Liability Insurance, in a form and with insurance companies acceptable to the City. (ii) Coverage for Commercial General Liability insurance shall be at least as broad as the following:
(1) Insurance Services Office Commercial General Liability coverage (Occurrence Form CG 00 01) or exact equivalent. (iii) Commercial General Liability Insurance must include coverage for the following:
(1) Bodily Injury and Property Damage
(2) Personal Injury/Advertising Injury
(3) Premises/Operations Liability
(4) Products/Completed Operations Liability
(5) Aggregate Limits that Apply per Project
(6) Explosion, Collapse and Underground (UCX) exclusion deleted
(7) Contractual Liability with respect to this Agreement (8) Property Damage
(9) Independent Contractors Coverage
(iv) The policy shall contain no endorsements or provisions limiting coverage for (1) contractual liability; (2) cross liability exclusion for claims or suits by one insured against another; (3) products/completed operations liability; or (4) contain any other exclusion contrary to the Agreement.
(v) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status using ISO endorsement forms CG 20 10 10 01 and 20 37 10 01, or endorsements providing the exact same coverage. (vi) The general liability program may utilize either deductibles or provide coverage excess of a self-insured retention, subject to written approval by the City, and provided that such deductibles shall not apply to the City as an additional insured. b. Automobile Liability
(i) At all times during the performance of the work under this Agreement, the Consultant shall maintain Automobile Liability Insurance for bodily injury and property damage including coverage for owned, non-owned and hired vehicles, in a form and with insurance companies acceptable to the City.
(ii) Coverage for automobile liability insurance shall be at least as broad as Insurance Services Office Form Number CA 00 01 covering automobile liability (Coverage Symbol 1, any auto).
(iii) The policy shall give City, its officials, officers, employees, agents and City designated volunteers additional insured status.
Agenda Item #10.5.
Haley & Aldrich, Inc Del Campo Sanitary Sewer Main May 2024 5 (iv) Subject to written approval by the City, the automobile liability program may utilize deductibles, provided that such deductibles shall not apply to the City as an additional insured, but not a self-insured retention.
c. Workers’ Compensation/Employer’s Liability
(i) Consultant certifies that he/she is aware of the provisions of Section 3700 of the California Labor Code which requires every employer to be insured against liability for workers’ compensation or to undertake self-insurance in accordance with the provisions of that code, and he/she will comply with such provisions before commencing work under this Agreement.
(ii) To the extent Consultant has employees at any time during the term of this Agreement, at all times during the performance of the work under this Agreement, the Consultant shall maintain full compensation insurance for all persons employed directly by him/her to carry out the work contemplated under this Agreement, all in accordance with the “Workers’ Compensation and Insurance Act,” Division IV of the Labor Code of the State of California and any acts amendatory thereof, and Employer’s Liability Coverage in amounts indicated herein. Consultant shall require all subconsultants to obtain and maintain, for the period required by this Agreement, workers’ compensation coverage of the same type and limits as specified in this section.
d. Professional Liability (Errors and Omissions)
At all times during the performance of the work under this Agreement the Consultant shall maintain professional liability or Errors and Omissions insurance appropriate to its profession, in a form and with insurance companies acceptable to the City and in an amount indicated herein.
This insurance shall be endorsed to include contractual liability applicable to this Agreement and shall be written on a policy form specifically designed to protect against acts, errors or omissions of the Consultant. “Covered Professional Services” as designated in the policy must specifically include work performed under this Agreement. The policy must “pay on behalf of” the insured and must include a provision establishing the insurer's duty to defend. e. Minimum Policy Limits Required
(i) The following insurance limits are required for the Agreement:
Combined Single Limit
Commercial General Liability $1,000,000 per occurrence/ $2,000,000 aggregate for bodily injury, personal injury, and property
damage
Automobile Liability $1,000,000 combined single limit
Employer’s Liability $1,000,000 per accident or disease Professional Liability $1,000,000 per claim and aggregate (errors and omissions)
(ii) Defense costs shall be payable in addition to the limits.
Agenda Item #10.5.
Haley & Aldrich, Inc Del Campo Sanitary Sewer Main May 2024 6 (iii) Requirements of specific coverage or limits contained in this section are not intended as a limitation on coverage, limits, or other requirement, or a waiver of any coverage normally provided by any insurance. Any available coverage shall be provided to the parties required to be named as Additional Insured pursuant to this Agreement. f. Evidence Required
Prior to execution of the Agreement, the Consultant shall file with the City evidence of insurance from an insurer or insurers certifying to the coverage of all insurance required herein. Such evidence shall include original copies of the ISO CG 00 01 (or insurer’s equivalent) signed by the insurer’s representative and Certificate of Insurance (Acord Form 25-S or equivalent), together with required endorsements. All evidence of insurance shall be signed by a properly authorized officer, agent, or qualified representative of the insurer and shall certify the names of the insured, any additional insureds, where appropriate, the type and amount of the insurance, the location and operations to which the insurance applies, and the expiration date of such insurance.
g. Policy Provisions Required
(i) Consultant shall provide the City at least thirty (30) days prior written notice of cancellation of any policy required by this Agreement, except that the Consultant shall provide at least ten (10) days prior written notice of cancellation of any such policy due to non-payment of premium. If any of the required coverage is cancelled or expires during the term of this Agreement, the Consultant shall deliver renewal certificate(s) including the General Liability Additional Insured Endorsement to the City at least ten (10) days prior to the effective date of cancellation or expiration.
(ii) The Commercial General Liability Policy and Automobile Policy shall each contain a provision stating that Consultant’s policy is primary insurance and that any insurance, self-insurance or other coverage maintained by the City or any named insureds shall not be called upon to contribute to any loss.
(iii) The retroactive date (if any) of each policy is to be no later than the effective date of this Agreement. Consultant shall maintain such coverage continuously for a period of at least three years after the completion of the work under this Agreement. Consultant shall purchase a one (1) year extended reporting period A) if the retroactive date is advanced past the effective date of this Agreement; B) if the policy is cancelled or not renewed; or C) if the policy is replaced by another claims-made policy with a retroactive date subsequent to the effective date of this Agreement.
(iv) All required insurance coverages, except for the professional liability coverage, shall contain or be endorsed to provide a waiver of subrogation in favor of the City, its officials, officers, employees, agents, and volunteers or shall specifically allow Consultant or others providing insurance evidence in compliance with these specifications to waive their right of recovery prior to a loss. Consultant hereby waives its own right of recovery against City, and shall require similar written express waivers and insurance clauses from each of its subconsultants.
(v) The limits set forth herein shall apply separately to each insured against whom claims are made or suits are brought, except with respect to the limits of liability.
Further the limits set forth herein shall not be construed to relieve the Consultant from liability in Agenda Item #10.5.
Haley & Aldrich, Inc Del Campo Sanitary Sewer Main May 2024 7 excess of such coverage, nor shall it limit the Consultant’s indemnification obligations to the City and shall not preclude the City from taking such other actions available to the City under other provisions of the Agreement or law.
h. Qualifying Insurers
(i) All policies required shall be issued by acceptable insurance companies, as determined by the City, which satisfy the following minimum requirements:
(1) Each such policy shall be from a company or companies with a current A.M. Best's rating of no less than A:VII and admitted to transact in the business of insurance in the State of California, or otherwise allowed to place insurance through surplus line brokers under applicable provisions of the California Insurance Code or any federal law.
i. Additional Insurance Provisions
(i) The foregoing requirements as to the types and limits of insurance coverage to be maintained by Consultant, and any approval of said insurance by the City, is not intended to and shall not in any manner limit or qualify the liabilities and obligations otherwise assumed by the Consultant pursuant to this Agreement, including but not limited to, the provisions concerning indemnification.
(ii) If at any time during the life of the Agreement, any policy of insurance required under this Agreement does not comply with these specifications or is canceled and not replaced, City has the right but not the duty to obtain the insurance it deems necessary and any premium paid by City will be promptly reimbursed by Consultant or City will withhold amounts sufficient to pay premium from Consultant payments. In the alternative, City may cancel this Agreement.
(iii) The City may require the Consultant to provide complete copies of all insurance policies in effect for the duration of the Project. (iv) Neither the City nor any of its officials, officers, employees, agents or volunteers shall be personally responsible for any liability arising under or by virtue of this Agreement.
j. Subconsultant Insurance Requirements. Consultant shall not allow any subcontractors or subconsultants to commence work on any subcontract until they have provided evidence satisfactory to the City that they have secured all insurance required under this section.
Policies of commercial general liability insurance provided by such subcontractors or subconsultants shall be endorsed to name the City as an additional insured using ISO form CG 20 38 04 13 or an endorsement providing the exact same coverage. If requested by Consultant, City may approve different scopes or minimum limits of insurance for particular subcontractors or subconsultants.
12. Indemnification.
a. To the fullest extent permitted by law, Consultant shall defend (with counsel of City’s choosing), indemnify and hold the City, its officials, officers, employees, volunteers, and agents free and harmless from any and all claims, demands, causes of action, costs, expenses, Agenda Item #10.5.
Haley & Aldrich, Inc Del Campo Sanitary Sewer Main May 2024 8 liability, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, in any manner arising out of, pertaining to, or incident to any acts, errors or omissions, or willful misconduct of Consultant, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of the Consultant’s services, the Project or this Agreement, including without limitation the payment of all damages, expert witness fees and attorney’s fees and other related costs and expenses. Consultant's obligation to indemnify shall not be restricted to insurance proceeds, if any, received by Consultant, the City, its officials, officers, employees, agents, or volunteers.
b. If Consultant’s obligation to defend, indemnify, and/or hold harmless arises out of Consultant’s performance of “design professional” services (as that term is defined under Civil Code section 2782.8), then, and only to the extent required by Civil Code section 2782.8, which is fully incorporated herein, Consultant’s indemnification obligation shall be limited to claims that arise out of, pertain to, or relate to the negligence, recklessness, or willful misconduct of the Consultant, and, upon Consultant obtaining a final adjudication by a court of competent jurisdiction, Consultant’s liability for such claim, including the cost to defend, shall not exceed the Consultant’s proportionate percentage of fault.
13. 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 Agenda Item #10.5.
Haley & Aldrich, Inc Del Campo Sanitary Sewer Main May 2024 9 affect Consultant’s 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.
14. Safety.
Consultant shall execute and maintain its work so as to avoid injury or damage to any person or property. In carrying out its Services, the Consultant shall at all times be in compliance with all applicable local, state and federal laws, rules and regulations, and shall exercise all necessary precautions for the safety of employees appropriate to the nature of the work and the conditions under which the work is to be performed. Safety precautions as applicable shall include, but shall not be limited to: (A) adequate life protection and life-saving equipment and procedures; (B) instructions in accident prevention for all employees and subcontractors, such as safe walkways, scaffolds, fall protection ladders, bridges, gang planks, confined space procedures, trenching and shoring, equipment and other safety devices, equipment and wearing apparel as are necessary or lawfully required to prevent accidents or injuries; and (C) adequate facilities for the proper inspection and maintenance of all safety measures.
15. Verification of Employment Eligibility.
By executing this Agreement, Consultant verifies that it fully complies with all requirements and restrictions of state and federal law respecting the employment of undocumented aliens, including, but not limited to, the Immigration Reform and Control Act of 1986, as may be amended from time to time, and shall require all subconsultants and sub-subconsultants to comply with the same.
16. INTENTIONALLY DELETED
17. Laws and Venue.
This Agreement shall be interpreted in accordance with the laws of the State of California.
If any action is brought to interpret or enforce any term of this Agreement, the action shall be brought in a the Superior Court of California for the County of Napa.
18. Termination or Abandonment
a. City has the right to terminate or abandon any portion or all of the work under this Agreement by giving ten (10) calendar days written notice to Consultant. In such event, City shall be immediately given title and possession to all original field notes, drawings and specifications, written reports and other documents produced or developed for that portion of the work completed and/or being abandoned. City shall pay Consultant the reasonable value of services rendered for any portion of the work completed prior to termination. If said termination occurs prior to completion of any task for the Project for which a payment request has not been received, the charge for services performed during such task shall be the reasonable value of such services, based on an amount mutually agreed to by City and Consultant of the portion of such task completed but not paid prior to said termination. City shall not be liable for any costs other than the charges or portions thereof which are specified herein. Consultant shall not be Agenda Item #10.5.
Haley & Aldrich, Inc Del Campo Sanitary Sewer Main May 2024 10 entitled to payment for unperformed services, and shall not be entitled to damages or compensation for termination of work.
b. Consultant may terminate its obligation to provide further services under this Agreement upon thirty (30) calendar days’ written notice to City only in the event of substantial failure by City to perform in accordance with the terms of this Agreement through no fault of Consultant.
19. Ownership of Documents and Confidential Information. a. All deliverables and other documents generated by Consultant in the performance of the Services, including all work papers, work-in-progress, designs, drawings, documents, data, computations, specifications, studies and reports prepared by Consultant as a part of the Services or authorized Additional Services (“Consultant Work Product”) shall belong to and be subject to the sole ownership and use of City. b. Except as otherwise provided in “Termination or Abandonment,” above, all original field notes, written reports, drawings and specifications and other documents, produced or developed for the Project shall, upon payment in full for the services described in this Agreement, be furnished to and become the property of the City. c. During the course of the performance of this Agreement, Consultant may receive written or verbal information from City, its representatives or agents, not in the public domain. Such information may include City’s know how, trade secrets, and other proprietary and confidential information and Consultant agrees to treat such information as confidential information belonging to City. Consultant agrees that neither it, nor its officers, employees, representatives, agents, successors, or assigns, will disclose such information to any third party or use the same in any manner without the prior written consent of City. Moreover, Consultant agrees to safeguard such proprietary and confidential information from unauthorized disclosure and/or use using the same degree of care it uses to protect its own proprietary and confidential information, but not less than a reasonable standard of care. In the event that disclosure of such information is sought pursuant to any law or regulation, Consultant shall promptly notify City of such fact to allow City to assert whatever exclusions or exemptions may be available to it under applicable law or regulation.
20. Organization
Consultant shall assign a project manager prior to contract excution. The Project Manager shall not be removed from the Project or reassigned without the prior written consent of the City.
21. Limitation of Agreement.
This Agreement is limited to and includes only the work included in the Project described above.
22. Notice
Any notice or instrument required to be given or delivered by this Agreement may be given or delivered by depositing the same in any United States Post Office, certified mail, return receipt requested, postage prepaid, addressed to:
Agenda Item #10.5.
Haley & Aldrich, Inc Del Campo Sanitary Sewer Main May 2024 11 CITY:
City of St. Helena
1088 College Avenue
St. Helena, CA 94574
Attn: Fire Chief
CONSULTANT:
Haley & Aldrich, Inc
785 Ygnacio Valley Road
Walnut Creek, CA 94596
and shall be effective upon receipt thereof.
23. Third Party Rights
Nothing in this Agreement shall be construed to give any rights or benefits to anyone other than the City and the Consultant.
24. Equal Opportunity Employment.
Consultant represents that it is an equal opportunity employer and that it shall not discriminate against any employee or applicant for employment because of race, religion, color, national origin, ancestry, sex, age or other interests protected by the State or Federal Constitutions. Such non-discrimination shall include, but not be limited to, all activities related to initial employment, upgrading, demotion, transfer, recruitment or recruitment advertising, layoff or termination.
25. Entire Agreement
This Agreement, with its exhibits, represents the entire understanding of City and Consultant as to those matters contained herein, and supersedes and cancels any prior or contemporaneous oral or written understanding, promises or representations with respect to those matters covered hereunder. Each Party acknowledges that no representations, inducements, promises or agreements have been made by any person which are not incorporated herein, and that any other agreements shall be void. This Agreement may not be modified or altered except in writing signed by both Parties hereto. This is an integrated Agreement.
26. Severability
The unenforceability, invalidity or illegality of any provision(s) of this Agreement shall not render the remaining provisions unenforceable, invalid or illegal.
27. Successors and Assigns
This Agreement shall be binding upon and shall inure to the benefit of the successors in interest, executors, administrators and assigns of each Party to this Agreement. However, Consultant shall not assign or transfer by operation of law or otherwise any or all of its rights, burdens, duties or obligations without the prior written consent of City. Any attempted assignment without such consent shall be invalid and void.
28. Non-Waiver
Agenda Item #10.5.
Haley & Aldrich, Inc Del Campo Sanitary Sewer Main May 2024 12 None of the provisions of this Agreement shall be considered waived by either Party, unless such waiver is specifically specified in writing.
29. Time of Essence
Time is of the essence for each and every provision of this Agreement.
30. City’s Right to Employ Other Consultants
City reserves its right to employ other consultants, including engineers, in connection with this Project or other projects.
31. Prohibited Interests
Consultant maintains and warrants that it has not employed nor retained any company or person, other than a bona fide employee working solely for Consultant, to solicit or secure this Agreement. Further, Consultant warrants that it has not paid nor has it agreed to pay any company or person, other than a bona fide employee working solely for Consultant, any fee, commission, percentage, brokerage fee, gift or other consideration contingent upon or resulting from the award or making of this Agreement. For breach or violation of this warranty, City shall have the right to rescind this Agreement without liability. For the term of this Agreement, no director, official, officer or employee of City, during the term of his or her service with City, shall have any direct interest in this Agreement, or obtain any present or anticipated material benefit arising therefrom.
[SIGNATURES ON FOLLOWING PAGE]
Agenda Item #10.5.
Haley & Aldrich, Inc Del Campo Sanitary Sewer Main May 2024 13 SIGNATURE PAGE FOR PROFESSIONAL SERVICES AGREEMENT
BETWEEN CITY OF ST. HELENA
AND HALEY & ALDRICH, INC
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the date first written above.
CITY OF ST. HELENA COATLAND ENGINEERING
By: By:
Anil Comelo Scott Alman, PE, QSD
City Manager Sr. Principal Planner
ATTEST:
By:
Cindy Tzafopoulos, City Clerk
Agenda Item #10.5.
Haley & Aldrich, Inc Del Campo Sanitary Sewer Main May 2024 14 EXHIBIT A
Scope of Services
Agenda Item #10.5.
HALEY & ALDRICH, INC.
785 Ygnacio Valley Road
Walnut Creek, CA 94596
925.433.2321
925.393.3092
[email protected]
www.haleyaldrich.com
24 April 2024
File No. 0208353-016
Attn: Joe Leach
Director of Public Works
City of St. Helena
1088 College Avenue
St. Helena, CA 94574
Subject:Del Campo Gravity Sanitary Sewer Main Replacement Project Dear Joe:
Thank you for inviting Haley & Aldrich, Inc. (Haley & Aldrich) to propose our services for project management, design, and construction management services for the Del Campo Gravity Sanitary Sewer Main Replacement Project – CIP Project S24-05 to the City of St. Helena. Based on the information provided in St. Helena’s approved Capital Improvement Program and the Integrated Utility Master Plan prepared by Carollo Engineers in April of 2021, the Del Campo Gravity Sanitary Sewer Main Replacement Project is intended to replace the existing 450-lineal feet of 15 and 18-inch diameter pipeline along Del Campo Court between Hunt Avenue and Paseo Padre Drive; and 910 feet of 18-inch diameter pipeline along Paseo Grand Drive, between Del Campo Court and Los Robles Ct with 21-inch pipeline (Integrated Utility Master Plan WWGM-6).
A field trip to review the site and existing system with Clayton Church and Mario Traverso confirmed that Manhole #17 shown on Drawing 8 (sheet 9 of 36) of the M. Carlton Yoder, Napa River Trunk Sewer As-Built plans was dramatically lowered during the construction of Vineyard Valley and now poses a sanitary sewer overflow (SSO) threat during high-flow events. Currently, Manhole #17 is approximately four feet deep to the pipe flowline. The original As-Built plans show Manhole #17 being approximately eleven feet deep to the pipe flowline. During high-flow events, the hydraulic grade line (HGL) exceeds the depth of the manhole and an SSO occurs. There is an additional concern that the finish floor elevations of the surrounding structures may be at similar elevations to the HGL and thus also at risk of an SSO.
With the construction of Vineyard Valley, two additional sanitary sewer lines were directed into Manhole #17 and an additional manhole was constructed in between Manholes #16, and #17.
Based on anecdotal information offered by Clayton Church, Manholes #16 and #18 have not experienced SSO events, nor has the newer Manhole constructed by the Vineyard Valley development between Manholes #16 and #17. This makes sense since the top of manhole elevations are significantly higher in elevation, possibly above the HGL, and Manhole #17 provides relief by overtopping thereby relieving any pressure on the other three manholes. It is unclear if Manholes #16 and #18 or the newer Manhole constructed by the Vineyard Valley development between Manholes #16 and #17 would experience an SSO if Manhole #17 was not in the system to provide relief. Flow calculations will need to be prepared to estimate the HGL and Energy Grade Line (EGL) during a typical/average high-flow event.
Agenda Item #10.5.
City of St. Helena
16 April 2024
We understand that St. Helena has had the sewer lines in question investigated by CCTV and is awaiting the results of that investigation. Haley & Aldrich will require that CCTV information and review same to make a recommendation for an alternative design to facilitate preventing future SSO events.
One potential solution that will be investigated for feasibility would be to reconstruct Manhole #17 with a waterproof bolt-down “sealed” manhole cover, place backflow prevention devices on all sewer services and connecting lines in between Manhole #16, and Manhole #18, increase the sewer pipe diameter to 21-inches per the masterplan. This would force any backup into Manholes #16, and #18, and the newer manhole between the two. It remains to be determined if the three manholes provide adequate capacity to prevent an SSO at any of them.
Additional anecdotal information from Clayton Church claims that the high-flow events are exacerbated by high Inflow and Infiltration (I&I) throughout the entire collection system. The Napa River Trunk Sewer carries much, if not most, of the waste stream from the entire St. Helena collection system, so I&I in the upper reaches of the collection system has a large impact on the Napa River Trunk Sewer. Preventing (eliminating) I&I throughout the upstream collection system can reduce the threat of an SSO at Manhole #17 although it isn’t believed that it will be completely eliminated due to the current shallowness of Manhole #17.
The following scope of work and estimated fee include both the design and construction management of this project. The proposed fee exceeds the budget for design and construction management as shown in the approved FY 2023-24 to FY 2027-28 Capital Improvement Program.
Scope of Work:
1. Project Management;
a. Project Management;
b. Subcontracting;
2. Review and Evaluate CCTV inspection of the existing sewer line;
3. Perform flow calculations to estimate HGL and EGL for Manhole #17;
4. Estimate the impact of I&I on the flow through Manhole #17;
5. Prepare PS&E for either repair of the existing pipeline, or replacement of the existing with new 21-inch pipe:
a. Survey manhole lids and pipe inverts at existing manholes; b. Internal and External Team meetings;
c. Prepare PS&E package (30%, 70%, and 100% submittals);
6. Manage bid process and award construction contract:
a. Staff Report to authorize bid process;
b. Advertise Bid period;
c. Facilitate Pre-Bid Conference;
d. Respond to pre-bid conference questions from contractors; e. Issue up to two (2) bid addendums;
f. Receive and analyze contractor’s bids and prepare bid analysis sheet; g. Staff report to award construction contract;
h. Prepare contract document and collect contractor’s bonds and insurance and Contract execution.
7. Construction Management services:
a. Facilitate pre-construction conference;
Agenda Item #10.5.
City of St. Helena
16 April 2024
b. Respond to up to ten (10) contractor requests for information (RFI); c. Negotiate and Issue up to five (5) contract change orders; d. Manage contractor construction schedule;
e. Weekly construction meeting (8 weeks, remote) with contractor and city; f. Evaluate, analyze, and approve contractor pay estimates; g. DIR prevailing wage review & approval;
h. Provide up to eight (8) weeks of full-time construction inspection; i. Review and approve traffic control plans;
j. Prepare Punch List, and perform punch list inspections; k. Staff report for project acceptance and release of bonds; l. Prepare As-Built plans for completed project;
m. Close project file and transfer to city.
Haley & Aldrich’s proposed budget to provide the scope of work described above estimated at a time & materials, not to exceed fee of $239,095.50 as shown in the table on the following page.
Sincerely yours,
HALEY & ALDRICH, INC.
Scott D. Alman, PE
Sr. Principal Engineer
Phil Gregory, PE, PG
Sr. Principal Engineer
Agenda Item #10.5.
City of St. Helena
16 April 2024
Total Labor Expense Consultants
239,095.50 224,995.00 2,000.50 12,100.00
Project Management 9,560.00 9,560.00 - -
Project Management 7,840.00 7,840.00 - -
Subcontracting 1,720.00 1,720.00 - -
Review and Evaluate CCTV, Flow Calculations, I and I Impact to Flow 15,120.00 15,120.00 - - Review CCTV Files 6,480.00 6,480.00 - -
Determine Repairs/Replacements Needed 2,160.00 2,160.00 - - Sewer Flow Calculations 2,160.00 2,160.00 - -
Estimate I and I Impacts to Pipe Flow 4,320.00 4,320.00 - - Prepare PS&E 73,947.50 68,080.00 367.50 5,500.00
Survey Manhole Lids and Pipe Inverts at Manholes-ALBION 11,747.50 5,880.00 367.50 5,500.00 Weekly Internal Team Progress Meetings 6,480.00 6,480.00 - - Semi-Weekly External Project Meetings with City 5,720.00 5,720.00 - - Prepare PS&E/Bid Docs (scope listed below) 50,000.00 50,000.00 - - - Prepare 30% Plan Set - - - -
- Prepare 70% Plan Set - - - -
- QA/QC Review of 70% Plan Set - - - -
- Prepare 100% Plan Set - - - -
- QA/QC Review of 100% Plan Set - - - -
- Prepare 70% Specifications - - - -
- Prepare 100% Specifications - - - -
- Admin Review of 100% Specifications - - - -
- QA/QC 100% Specifications - - - -
- Prepare 70% Opinion of Construction Cost - - - -
- Prepare 100% Opinion of Construction Cost - - - -
- Admin Review of 100% Opinion of Construction Cost - - - - - QA/QC Review of 100% Opinion of Construction Cost - - - - Assemble Final PS&E Bid Package - - - -
QA/QC Review Final PS&E Bid Package - - - -
Manage Bid Process 14,200.00 14,200.00 - -
Staff Report to Authorize Bid Process 2,720.00 2,720.00 - - Advertise Bid Period 210.00 210.00 - -
Pre-Bid Conference 990.00 990.00 - -
Two (2) Bid Addendums 5,140.00 5,140.00 - -
Receive & Analyze Bids 1,180.00 1,180.00 - -
Staff Report to Authorize Contract Award 2,720.00 2,720.00 - - Contract, Bonds, Insurance 1,240.00 1,240.00 - -
Construction Management Services 126,268.00 118,035.00 1,633.00 6,600.00 Pre-Construction Conference 1,800.00 1,800.00 - -
Answer Ten (10) Contractor Requests for Information 2,775.00 2,775.00 - - Negotiate & Issue Five (5) Contract Change Orders 11,600.00 11,600.00 - - Manage Contractor's Construction Schedule 1,480.00 1,480.00 - - Contractor Pay Estimates 1,620.00 1,620.00 - -
DIR Prevailing Wage Review & Approval 8,280.00 1,680.00 - 6,600.00 Construction Inspections 60,833.00 59,200.00 1,633.00 - Review Traffic Control Plans 2,960.00 2,960.00 - -
Punchlist and Punchlist Inspections 7,400.00 7,400.00 - - Staff Report to Authorize Project Acceptance & Bonds Release 5,440.00 5,440.00 - - As-Built Plans 5,280.00 5,280.00 - -
Weekly Const. Meeting with Contractor & City (Remote) 12,360.00 12,360.00 - - Clean/Close Project File & Transfer to City 4,440.00 4,440.00 - Agenda Item #10.5.
From: Jeff Farmer
To: Public Comment
Subject: [External] Consent Items 10.4, 10.5, 10.10
Date: Friday, May 10, 2024 8:30:30 AM
Honorable Mayor and Council Members:
I am gratified to see that these consent items address the potable water loss problem and give us tools to more accurately measure water loss.
More needs to be done to replace potable with recycled water and find new sources of water for St. Helena. We need to find customers for recycled water, re-explore connecting to the PUC water system, increase the efficiency of Bell Canyon reservoir and find more users of water from the Lower Reservoir. At a County level we need to examine the benefits of new or different system interties and regional cooperation with other water agencies.
These consent items are a good step in that direction.
Jeff Farmer
1533 Tainter
St. Helena
Agenda Item #10.5.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Public Works
DATE: May 14, 2024
FROM: Lesley Milton, Asst. to the City Manager
SUBJECT: Authorization to pay invoices from Rain For Rent for a cost not-to-exceed $40,069.42 and Herc Rentals for a cost notto-exceed $69,114.15 for emergency pump rentals at the Water Treatment Plant and the Wastewater Treatment
Plant for high flow events due to extended rain season
RECOMMENDED
ACTION:
Authorization to issue payment for pump rentals needed
for inflow & influent (I&I) and Sanitary Sewer overflow (SSO) mitigation.
PREVIOUS COUNCIL
ACTION:
None.
STATEMENT OF THE
PURPOSE:
Authorize payment for pump rentals that have exceeded
staff budget purchasing authority.
FINANCIAL IMPACT: The total financial impact to the Water Fund is $69,114.15 and to the Wastewater Fund is $40,069.42 and can be
absorbed in the FY 24 adopted budget.
BACKGROUND:
This winter season was unseasonably wet and both the Water and the Wastewater Treatment facilities required additional pumping capacity to be able to maintain adequate operations and stay compliant with health and safety regulations.
The Water Treatment Plant rented a decanting pump for dewatering the sludge ponds from Herc Rentals for a total of 6 months. The Wastewater Treatment Plant and wastewater distribution rented a 4" rental bypass pump for high flow events used to prevent Sanitary Sewer Overflows (SSOs) from Rain for Rent. Any instance of an SSO is a threat to public health and safety.
DISCUSSION:
Rental costs were incorporated into the FY 24 adopted budget however, rentals were needed longer than anticipated due to the extended rain season, and both services have exceeded the threshold for purchasing. Therefore, in order to pay the existing invoices, City Council authorization is required for both rentals. Staff followed procurement policies obtaining three standard quotes from different vendors and selecting the lowest cost. However keeping the equipment longer than anticipated caused the cost to exceed the purchasing threshold past the authority of staff. Below is a summary of the rentals and costs.
Agenda Item #10.6.
Rain for Rent:
The original quoted rental bypass pump for three months was a total cost of $20,831.48.
However additional rain events required keeping the pump for an extended period of time for an additional $19,237.94 for a total invoiced amount of $40,069.42.
Funds for the additional expenses can be absorbed in the FY 24 adopted budget through a budget transfer from 571-50-20-24-45 to 571-50-20-21-25 in the amount of $19,237.94. This transfer is under staff's authority and will be made administratively.
Herc Rentals:
Sludge pump rental cost was estimated to not exceed $37,698; however, since the pump was needed for a longer period of time, the total total cost is $69,114.15, which exceeds the current authority.
Funds for the additional expenses can be absorbed in the FY 24 adopted budget through a budget transfer from 561-50-34-24-45 to 561-50-34-21-25 in the amount of $31,416.15. This transfer is under staff's authority and will be made administratively.
ENVIRONMENTAL REVIEW: This is not a CEQA project.
GOAL:
Goal 2: Improve Infrastructure & Further Environmental Sustainability Goal 3: Pursue Water Security & Sustainable Management of Water Resources DOCUMENTS ATTACHMENTS:
Resolution (3)
Herc Invoices WTP rental
Rain for Rent invoices WWTP
Agenda Item #10.6.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
AUTHORIZATION TO PAY INVOICES FROM RAIN FOR RENT FOR A COST NOT-TOEXCEED $40,069.42, AND HERC RENTALS FOR A COST NOT-TO-EXCEED $69,114.15,
FOR EMERGENCY PUMP RENTALS AT THE WATER TREATMENT PLANT AND THE
WASTEWATER TREATMENT PLANT
RECITALS
A. The winter season was unseasonably wet and both the Water and Wastewater Treatment facilities required additional pumping capacity to maintain adequate operations and stay compliant with health and safety regulations;
B. The Water Treatment Plant required a decanting pump rental for dewatering the sludge ponds; and
C. The Wastewater Treatment Plant required the rental of a 4” bypass pump for high flow events in order to prevent Sanitary Sewer Overflows;
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. The rentals of a decanting pump and a bypass pump were necessary for the Water and Wastewater Treatment facilities due to the extended rainy season in order to maintain operations and comply with health and safety regulations.
2. Authorization to pay invoices to Rain for Rent for a total not-toexceed amount of $40,069.
3. Authorization to pay invoices to Herc Rentals for a total not-toexceed amount of $69,114.15.
Approved at a Regular Meeting if the St. Helena City Council on May 14, 2024, by the following vote:
Agenda Item #10.6.
Mayor Paul Dohring: _____
Vice Mayor Eric Hall: _____
Council Member Anna Chouteau: _____
Council Member Patrick Kenealy: _____
Council Member Billy Summers: _____
APPROVED: ATTEST:
______________________ _____________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.6.
Agenda Item #10.6.
Invoice 33309476-019
6,283.23 USD Herc Rental
An invoice approval request has been submitted to Darren G. and Joe L.
Jesus G. 05/01/2024 16:38
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▼Vendor Herc Rental HERCRENT i
Invoice Status Pending Approval
Handled By Darren Gardette
Processing Began 05/01/2024 Received From Jesus Gonzalez Invoice Type Invoice
Due Date 05/23/2024
Invoice Date 04/23/2024
Invoice Amount 6,283.23 United States dollar
Agenda Item #10.6.
Agenda Item #10.6.
Invoice 33309476-018
6,283.23 USD Herc Rental
An invoice approval request has been submitted to Darren G. and Joe L.
Jesus G. 04/04/2024 15:46
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▼Vendor Herc Rental HERCRENT i
Invoice Status Pending Approval
Handled By Darren Gardette
Processing Began 04/03/2024 Received From Jesus Gonzalez Invoice Type Invoice
Due Date 04/25/2024
Invoice Date 03/26/2024
Invoice Amount 6,283.23 United States dollar
Agenda Item #10.6.
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Agenda Item #10.6.
Invoice 33309476-017
6,283.23 USD Herc Rental
A question has been submitted to Yosselyn V.
Darren G. 03/19/2024 15:23
is there an update on these
Yosselyn V.
Yosselyn V. 03/19/2024 17:13
Darren, I sent you an email today with the update.
An invoice approval request has been submitted to Darren G. and Joe L.
Jesus G. 03/04/2024 16:55
Coding details have been updated
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▼Vendor Herc Rental HERCRENT i
Invoice Status Pending Approval
Handled By Darren Gardette
Processing Began 03/04/2024 Received From Jesus Gonzalez Invoice Type Invoice
Due Date 03/28/2024
Invoice Date 02/27/2024
Invoice Amount 6,283.23 United States dollar
Agenda Item #10.6.
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Agenda Item #10.6.
Agenda Item #10.6.
Invoice 1988625
1,036.55 USD Rain for Rent Lesley Milton, as a delegate of Chace Clock, please review and approve the invoice Approval request was sent to: Chace C. and Clayton C.
Jesus G. 03/29/2024 09:07
▼ See this vendor’s past invoices
b
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Processing Began 03/29/2024 Received From [email protected] Invoice Type Invoice
Due Date 04/27/2024
Invoice Date 03/28/2024
Invoice Amount 1,036.55 United States dollar
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Agenda Item #10.6.
Agenda Item #10.6.
Agenda Item #10.6.
Invoice 1987815
7,026.79 USD Rain for Rent Lesley Milton, as a delegate of Chace Clock, please review and approve the invoice Approval request was sent to: Chace C. and Clayton C.
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Agenda Item #10.6.
Agenda Item #10.6.
Agenda Item #10.6.
Invoice 1994401
11,174.60 USD Rain for Rent Lesley Milton, as a delegate of Chace Clock, please review and approve the invoice Approval request was sent to: Chace C. and Clayton C.
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Agenda Item #10.6.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Human Resources
DATE: May 14, 2024
FROM: Mandy Kellogg, Administrative Services Director
SUBJECT: Consideration and proposed approval of a resolution: 1) Duly approving and adopting a publicly available pay
schedule in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5, which includes a revised salary schedule for the St. Helena Employee
Association to include the Public Works Financial Analyst and Recreation Coordinator classifications; and 2)
Authorizing an amendment to the St. Helena Employee
Association Memorandum of Understanding to include the
Public Works Financial Analyst and Recreation
Coordinator classifications.
RECOMMENDED
ACTION:
Staff recommends approval of the attached resolution.
PREVIOUS COUNCIL
ACTION:
January 23, 2024 - Approval of the Public Works Financial Analyst classification.
February 13, 2024 - Recommendation to reclassify the
vacant Recreation Supervisor position to a Recreation
Coordinator.
STATEMENT OF THE
PURPOSE:
The purpose is to adopt an updated salary schedule in
accordance with California Code of Regulations (CCR)
Title 2, Section 570.5 (Section 570.5) which includes the new St. Helena Employee Association classifications of
Public Works Financial Analyst and Recreation
Coordinator.
FINANCIAL IMPACT: The total financial impact for FY 2023-24 is $111,400, which was previously approved with council action on
January 23, 2024 and February 13, 2024. The overall
financial impact will be reduced to $70,180 by leaving the Recreation Coordinator position unfunded.
BACKGROUND:
The City of St. Helena contracts with the California Public Employees Retirement System (CalPERS) to provide retirement benefits for its employees. As a public employer, the City must abide by the Government Code when establishing and reporting employee compensation. The California Code of Regulations (CCR) Title 2, Section 570.5 (Section 570.5) provides that each pay schedule meets the following requirements:
Agenda Item #10.7.
Has been duly approved and adopted by the employer’s governing body in accordance with requirements of applicable public meeting laws. Identifies the position title for every employee position. Shows the pay rate for each position.
Indicates the time base for each pay rate.
CalPERS uses the City’s pay schedules to determine final compensation and to calculate retirement benefits for the City’s employees. Inaccurate pay schedules could negatively impact an employee’s final retirement calculation or delay receipt of the appropriate retirement compensation.
DISCUSSION:
Public Works Financial Analyst Classification
On January 23, 2024, the City Council approved the addition of 1 FTE in the Public Works Department. The City has programmed 72 Capital Improvement projects over the next five years totaling $59.1 million. In addition, the City has issued the first tranche of GO Bonds in November of 2022 and intends to issue additional Water bonds in Spring of 2024 to help fund these capital projects. These funding sources have critical timelines in which expenditures need to be incurred in order to remain compliant. There is a lot of accounting and procurement related tasks that need to be performed. As a result, financial management of the capital projects will be a critical role for the incumbent. This position will be responsible for issuing Request for Proposals (RFPs) for consultants and construction management related to the CIP, capital project budgeting and contract management.
The salary range that was recommended for this position is $88,839 to $107,984 with an estimated annual cost of $158,464.
Recreation Coordinator
On February 13, 2024, the City Council approved the addition of a Recreation Manager position to the Parks & Recreation Department. At that time, it was noted that the City would conduct an internal recruitment for the new manager position.
Staff also made the recommendation that should the position be filled with one of the current Recreation Supervisor incumbents, staff would recommend reclassifying the vacant Recreation Supervisor position to a Recreation Coordinator. This action would allow for further capacity for program delivery, provide the opportunity for additional community interface and full-time staff presence at offsite programs, and increase succession planning by providing an entry level full-time position within the department.
However, due to funding limitations staff would recommend not funding the position immediately, but rather wait until future funding has been identified.
After a successful internal recruitment, the Recreation Manager position was filled with and existing incumbent from one of the two currently funded Recreation Supervisor Agenda Item #10.7.
positions. Therefore, staff is requesting reclassifying the vacant Recreation Supervisor position to a Recreation Coordinator classification and add the title and salary to the salary schedule but recommending leaving the position unfunded until funding is identified. This action would reduce the previously approved financial impact for the addition of Recreation Manager from $59,120 to $17,900.
Staff recommends approval of the attached resolution to adopt an updated salary schedule in accordance with the CCR and approve the amended St. Helena Employee Assocation Memorandum of Understanding (Attachment B) to include the previously approved Public Works Financial Analyst and Recreation Coordinator classifications.
ENVIRONMENTAL REVIEW:
None.
GOAL:
Goal 6: Improve Employee Recruitment, Retention, & Morale DOCUMENTS ATTACHMENTS:
Resolution Updated SHEA Salary Schedule and MOU
FY23-24 SHEA Salary Schedule Effective 2024.05.14
Attachment B - SHEA MOU 2024.05.14 Full Red-line Version Agenda Item #10.7.
CITY OF ST. HELENA
RESOLUTION NO. 2024-
Authorizing of (1) Duly adopting and approving publicly available pay schedule for St. Helena Employee Association – Miscellaneous Employees in accordance with the requirement of California Code of Regulations, Title 2, Section 570.5, which includes a new salary schedule for the Public Works Financial Analyst and Recreation Coordinator Classifications effective May 14, 2024 and (2) An amendment to the St. Helena Employee Association Memorandum of Understanding to include the Public Works Financial Analyst and Recreation Coordinator classifications.
RECITALS
A. The City of St. Helena contracts with the California Public Employees Retirement System (CalPERS) to provide retirement benefits for its employees; and B. As a public employer, the City must abide by the Government Code when establishing and reporting employee compensation; and
C. When salary adjustments are made the California Code of Regulations (CCR) Title 2, Section 570.5 (Section 570.5) provides that each pay schedule must be publicly adopted with specific requirements; and
D. On January 23, 2024, the City Council approved the addition of 1 FTE in the Public Works Department to include a new classification of a Public Works Financial Analyst to assist with work related to the Capital Improvement Program; and
E. On February 13, 2024, the City Council approved the addition of a Recreation Manager position to the Parks & Recreation Department and staff proceeded with an internal recruitment; and
F. Staff made the recommendation that should the position be filled with one of the current Recreation Supervisor incumbents, staff would recommend reclassifying the vacant Recreation Supervisor position to a Recreation Coordinator; and G. After a successful internal recruitment, the Recreation Manager position was filled with and existing incumbent from one of the two currently funded Recreation Supervisor positions; and
H. Staff is requesting reclassifying the vacant Recreation Supervisor position to a Recreation Coordinator classification and add the title and salary to the salary Agenda Item #10.7.
schedule but recommending leaving the position unfunded until funding is identified; and
I. Staff has updated the salary schedule to include the new classifications with an effective date of May 14, 2024.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena resolves as follows:
1. That the City of St. Helena Publicly Available Salary Schedule which includes a revised salary schedule to include the Public Works Financial Analyst and Recreation Coordinator classifications included in the St. Helena Employee Association Memorandum of Understanding and contained in Attachment B, is hereby approved and adopted in accordance with the requirements of California Code of Regulations, Title 2, Section 570.5; and
2. That the revised City of St. Helena Publicly Available Salary Schedule makes no changes to the salary schedules for other classifications; and
3. 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
4. Approves an amendment to the St. Helena Employee Association to include the Public Works Financial Analyst and Recreation Coordinator classifications.
Approved at a regular meeting of the St. Helena City Council on May 14, 2024 by the following vote:
Mayor Dohring: _____
Vice Mayor Hall: _____
Councilmember Chouteau: _____
Councilmember Kenealy: _____
Councilmember Summers: _____
APPROVED: ATTEST:
______________________ ________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.7.
CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Position Timebase* A B C D E
Office Assistant Annual 50,729 53,265 55,929 58,725 61,661 Monthly 4,227 4,439 4,661 4,894 5,138
Hourly 24.39 25.61 26.89 28.23 29.64
Library Associate I Annual 51,199 53,758 56,446 59,269 62,232 Monthly 4,267 4,480 4,704 4,939 5,186
Hourly 24.61 25.85 27.14 28.49 29.92
Maintenance Worker I Annual 55,813 58,604 61,534 64,611 67,841 Buildings & Streets; Parks & Trees Monthly 4,651 4,884 5,128 5,384 5,653 Hourly 26.83 28.17 29.58 31.06 32.62
Library Associate II Annual 56,345 59,162 62,120 65,226 68,488 Monthly 4,695 4,930 5,177 5,436 5,707
Hourly 27.09 28.44 29.87 31.36 32.93
Library Associate II Annual 58,485 61,409 64,480 67,704 71,089 Monthly 4,874 5,117 5,373 5,642 5,924
Hourly 28.12 29.52 31.00 32.55 34.18
Permit Technician I Annual 60,623 63,654 66,836 70,178 73,687 Planning; Building Monthly 5,052 5,304 5,570 5,848 6,141 Hourly 29.15 30.60 32.13 33.74 35.43
Accounting Technician I Annual 60,845 63,887 67,082 70,436 73,958 Monthly 5,070 5,324 5,590 5,870 6,163
Hourly 29.25 30.72 32.25 33.86 35.56
Administrative Assistant Annual 60,873 63,917 67,112 70,468 73,992 Monthly 5,073 5,326 5,593 5,872 6,166
Hourly 29.27 30.73 32.27 33.88 35.57
Maintenance Worker II Annual 61,392 64,462 67,685 71,069 74,623 Buildings & Streets; Parks & Trees Monthly 5,116 5,372 5,640 5,922 6,219 Hourly 29.52 30.99 32.54 34.17 35.88
Senior Library Associate Annual 61,951 65,049 68,301 71,716 75,302 Monthly 5,163 5,421 5,692 5,976 6,275
Hourly 29.78 31.27 32.84 34.48 36.20
Maintenance Worker I ‐ Underground Annual
64,030 67,232 70,593 74,123 77,829
Utilities Monthly 5,336 5,603 5,883 6,177 6,486
Hourly 30.78 32.32 33.94 35.64 37.42
Librarian I Annual 64,251 67,463 70,836 74,378 78,097 Monthly 5,354 5,622 5,903 6,198 6,508
Hourly 30.89 32.43 34.06 35.76 37.55
St. Helena Employee Association ‐ Miscellaneous Group
Approved and Adopted May 14, 2024
Effective May 14, 2024
FY 2023‐2024
Steps
Administrative Services Department Page 1 4/28/2024
ATTACHMENT A
Agenda Item #10.7.
CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted May 14, 2024
Effective May 14, 2024
FY 2023‐2024
Position Timebase* A B C D E
Plant Operator in Training Annual 65,415 68,686 72,120 75,726 79,512 Water; Wastewater Monthly 5,451 5,724 6,010 6,311 6,626 Hourly 31.45 33.02 34.67 36.41 38.23 Human Resources Technician (6) Annual 66,226 69,538 73,015 76,665 80,499 Monthly 5,519 5,795 6,085 6,389 6,708 Hourly 31.84 33.43 35.10 36.86 38.70 Permit Technician II Annual 66,680 70,014 73,514 77,190 81,050 Planning; Building Monthly 5,557 5,834 6,126 6,433 6,754 Hourly 32.06 33.66 35.34 37.11 38.97 Accounting Technician II Annual 66,932 70,279 73,793 77,483 81,357 Monthly 5,578 5,857 6,149 6,457 6,780 Hourly 32.18 33.79 35.48 37.25 39.11 Executive Assistant Annual 66,966 70,315 73,830 77,522 81,398 Monthly 5,581 5,860 6,153 6,460 6,783 Hourly 32.20 33.81 35.50 37.27 39.13 Lead Maintenance Worker Annual 67,538 70,915 74,460 78,183 82,093 Buildings & Streets; Parks & Trees Monthly 5,628 5,910 6,205 6,515 6,841 Hourly 32.47 34.09 35.80 37.59 39.47 Administrative Records Assistant Annual 67,543 70,921 74,467 78,190 82,099 Monthly 5,629 5,910 6,206 6,516 6,842 Hourly 32.47 34.10 35.80 37.59 39.47 Engineering Technician I Annual 68,405 71,825 75,417 79,187 83,147 Monthly 5,700 5,985 6,285 6,599 6,929 Hourly 32.89 34.53 36.26 38.07 39.97 Environmental Services Technician I Annual 70,296 73,811 77,502 81,377 85,446 Monthly 5,858 6,151 6,458 6,781 7,120 Hourly 33.80 35.49 37.26 39.12 41.08 Maintenance Worker II ‐ Underground Annual 70,439 73,961 77,659 81,542 85,619 Utilities Monthly 5,870 6,163 6,472 6,795 7,135 Hourly 33.86 35.56 37.34 39.20 41.16 Librarian II Annual 70,671 74,204 77,914 81,810 85,900 Monthly 5,889 6,184 6,493 6,817 7,158 Hourly 33.98 35.68 37.46 39.33 41.30 Permit Technician III Annual 73,351 77,019 80,870 84,913 89,159 Planning; Building Monthly 6,113 6,418 6,739 7,076 7,430 Hourly 35.26 37.03 38.88 40.82 42.86 Steps
Administrative Services Department Page 2 4/28/2024
Agenda Item #10.7.
CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted May 14, 2024
Effective May 14, 2024
FY 2023‐2024
Position Timebase* A B C D E
Senior Accounting Technician Annual 73,619 77,300 81,165 85,223 89,484 Monthly 6,135 6,442 6,764 7,102 7,457 Hourly 35.39 37.16 39.02 40.97 43.02 Engineering Technician II Annual 75,245 79,007 82,958 87,105 91,461 Monthly 6,270 6,584 6,913 7,259 7,622 Hourly 36.18 37.98 39.88 41.88 43.97 Plant Operator I Annual 75,266 79,029 82,981 87,130 91,486 Water; Wastewater Monthly 6,272 6,586 6,915 7,261 7,624 Hourly 36.19 37.99 39.89 41.89 43.98 Assistant Planner Annual 77,297 81,162 85,220 89,481 93,955 Monthly 6,441 6,763 7,102 7,457 7,830 Hourly 37.16 39.02 40.97 43.02 45.17 Environmental Services Technician II Annual 77,320 81,186 85,245 89,508 93,983 Monthly 6,443 6,766 7,104 7,459 7,832 Hourly 37.17 39.03 40.98 43.03 45.18 Lead Maintenance Worker ‐ Annual 77,479 81,353 85,420 89,691 94,176 Underground Utilities Monthly 6,457 6,779 7,118 7,474 7,848 Hourly 37.25 39.11 41.07 43.12 45.28 Senior Librarian Annual 77,733 81,620 85,701 89,986 94,485 Monthly 6,478 6,802 7,142 7,499 7,874 Hourly 37.37 39.24 41.20 43.26 45.43 Recreation Supervisor Annual 78,976 82,925 87,071 91,425 95,996 Monthly 6,581 6,910 7,256 7,619 8,000 Hourly 37.97 39.87 41.86 43.95 46.15 Junior Engineer Annual 80,416 84,437 88,659 93,092 97,747 Monthly 6,701 7,036 7,388 7,758 8,146 Hourly 38.66 40.59 42.62 44.76 46.99 Plant Operator II Annual 82,755 86,893 91,237 95,799 100,589 Water; Wastewater Monthly 6,896 7,241 7,603 7,983 8,382 Hourly 39.79 41.78 43.86 46.06 48.36 Senior Engineering Technician Annual 82,770 86,908 91,253 95,816 100,607 Monthly 6,897 7,242 7,604 7,985 8,384 Hourly 39.79 41.78 43.87 46.07 48.37 Associate Planner Annual 85,024 89,275 93,739 98,426 103,347 Monthly 7,085 7,440 7,812 8,202 8,612 Hourly 40.88 42.92 45.07 47.32 49.69 Fire Inspector Annual 85,027 89,279 93,742 98,430 103,351 Monthly 7,086 7,440 7,812 8,202 8,613 Hourly 40.88 42.92 45.07 47.32 49.69 Steps
Administrative Services Department Page 3 4/28/2024
Agenda Item #10.7.
CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted May 14, 2024
Effective May 14, 2024
FY 2023‐2024
Position Timebase* A B C D E
Buildings & Streets Superintendent Annual 85,690 89,974 94,473 99,197 104,157 Parks & Trees Superintendent Monthly 7,141 7,498 7,873 8,266 8,680 Hourly 41.20 43.26 45.42 47.69 50.08 Human Resources Analyst (6) Annual 87,359 91,727 96,313 101,129 106,185 Monthly 7,280 7,644 8,026 8,427 8,849 Hourly 42.00 44.10 46.30 48.62 51.05 Administrative Analyst Annual 88,839 93,281 97,945 102,842 107,984 Public Works Financial Analyst Monthly 7,403 7,773 8,162 8,570 8,999 Hourly 42.71 44.85 47.09 49.44 51.92 Plant Operator III Annual 91,429 96,001 100,801 105,841 111,133 Water; Wastewater Monthly 7,619 8,000 8,400 8,820 9,261 Hourly 43.96 46.15 48.46 50.89 53.43 Assistant Engineer Annual 92,880 97,524 102,400 107,520 112,896 Monthly 7,740 8,127 8,533 8,960 9,408 Hourly 44.65 46.89 49.23 51.69 54.28 Underground Utilities Annual 93,580 98,259 103,172 108,331 113,747 Superintendent Monthly 7,798 8,188 8,598 9,028 9,479 Hourly 44.99 47.24 49.60 52.08 54.69 Associate Civil Engineer Annual 102,175 107,284 112,648 118,281 124,195 Monthly 8,515 8,940 9,387 9,857 10,350 Hourly 49.12 51.58 54.16 56.87 59.71 Chief Plant Operator Annual 109,954 115,452 121,224 127,286 133,650 Water; Wastewater Monthly 9,163 9,621 10,102 10,607 11,137 Hourly 52.86 55.51 58.28 61.20 64.25 Steps
Wastewater Collections Certificate for employees working in the Wastewater Collections/Sewer Division. (5) Uniform Allowance as follow:
Employees assigned to Water Distribution and Public Works ‐ $35.49 per pay period. "Operator Cross‐certification" (Class I or above) for employees assigned to the Water Treatment Plant or Wastewater 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. (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 salary. Employees 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. (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 3:30 p.m. until 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 standby 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 following Friday. (4) Certification Pay ‐ $50.00 per month for each governmental certificate or licensing as follow:
20 years ‐ 10.0% of 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
Administrative Services Department Page 4 4/28/2024
Agenda Item #10.7.
CITY OF ST. HELENA PUBLICLY AVAILABLE SALARY SCHEDULE
Approved and Adopted May 14, 2024
Effective May 14, 2024
FY 2023‐2024
Employees assigned to the Water Treatment Plant ‐ $11.49 per pay period. (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 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 *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 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.
Administrative Services Department Page 5 4/28/2024
Agenda Item #10.7.
MEMORANDUM OF UNDERSTANDING
BETWEEN
ST. HELENA EMPLOYEES ASSOCIATION
AND
CITY OF ST. HELENA
FOR THE PERIOD
JULY 1, 2022 THROUGH JUNE 30, 2025
ATTACHMENT B
Agenda Item #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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…………………………………….. 19
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…………………………………………………………....... 20
1. General Policy…………………………………………………… 20
2. Overtime Compensation………………………………………… 20
Agenda Item #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
3. Compensatory Time Off………………………………………… 20
4. Overtime Meal…………………………………………………... 20
H. HOLIDAY PAY ON HOLIDAYS…...…………………………………. 20
I. STANDBY PAY………………………………………………………… 21
J. MINIMUM CALLOUT TIME………………………………………….. 21
K. LONGEVITY PAY……………………………………………………... 21
L. BILINGUAL PAY…………………………..…………………………... 21
M. OUT-OF-CLASS PAY…………………………………………………. 22
N. REPORTING TIME WORKED………………………………………... 22
O. SHIFT DIFFERENTIAL………………………………………………… 22
ARTICLE 8: TIME OFF AND LEAVES OF ABSENCE……………………………… 22 A. VACATION LEAVE……………………………………………………. 22
1. Rate of Accrual or Award……………………………………….. 22
2. Administration…………………………………………………... 22
B. HOLIDAYS……………………………………………………………... 23
1. Holidays…………………………………………………………. 23
2. Exceptions……………………………………………………….. 24
3. Observance………………………………………………………. 24
4. Holiday Pay……………………………………………………… 24
C. PERSONAL CONVENIENCE HOLIDAY…………………………….. 24
D. SICK LEAVE AND FITNESS FOR
DUTY……………………………………………………………………. 24
1. Accrual and Use………………………………………………..… 24
2. Administration/Fitness for Duty………………………………….. 25
3. Reason for Granting……………………………………………... 25
4. Limitations and Related Provisions……………………….……… 25
5. Sick Leave Abuse……………………………………………….. 26
6. Pay-out of Sick Leave at Termination of Employment………… 26 E. BEREAVEMENT LEAVE……………………………………………… 27
F. JURY OR WITNESS DUTY……………………………………………. 27
G. ADMINISTRATIVE LEAVE WITH PAY……………………………... 27
H. DISCRETIONARY LEAVE WITHOUT PAY…………………………. 27
1. Permissible Reasons for Leave………………………………….. 27
2. Procedure………………………………………………………... 27
3. Regulation Relative to Discretionary Leave Without Pay………. 27 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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
ARTICLE 10: HEALTH, DENTAL, LIFE AND DISABILITY INSURANCE……….. 34 A. HEALTH INSURANCE………………………………………………… 34
B. DENTAL INSURANCE………………………………………………… 34
C. VISION INSURANCE………………………………………………….. 34
D. LIFE INSURANCE……………………………………………………... 34
E. SUPPLEMENTAL LIFE INSURANCE...……………………………… 34
F. DISABILITY INSURANCE…………………………………………… 34
ARTICLE 11: RETIREMENT, SOCIAL SECURITY, DEFERRED COMPENSATION A. PUBLIC EMPLOYEES’ RETIREMENT SYSTEM (CalPERS)…………… 35 B. SOCIAL SECURITY PAYMENT…………………………………….… 38
C. DEFERRED COMPENSATION PLAN ……………………………….. 38
D. CAFETERIA PLAN DEPENDENT CARE ASSITANCE……………… 38
ARTICLE 12: BENEFITS ON TERMINATION/RETIREMENT……………………... 39 A. COBRA CONTINUATION…………………………………………….. 39
B. CONTINUATION OF CERTAIN INSURANCE POLICIES………….. 39
1. Conditions……………………………………………………….. 39
2. Use of Accrued Sick Leave, Vacation Leave and Comp Time to Offset Premiums…………………………………………………… 39
ARTICLE 13: GRIEVANCE PROCEDURE…………………………………………… 40
A. GRIEVANCE DEFINED…..…………………………………………… 40
B. PROCEDURE…………………………………………………………… 40
1. Step 1: Information Discussion………………………………….. 40
2. Step 2: Department Head Determination………………………... 40
3. Step 3: City Manager Review…………………………………… 40
4. Step 4: City Council Review…………………………………….. 41
C. DEADLINES……………………………………………………………. 41
ARTICLE 14: RESIGNATION, TERMINATION AND DISCIPLINARY ACTION… 42 A. RESIGNATION…………………………………………………………. 42
B. EXIT INTERVIEW……………………………………………………... 42
C. DISCIPLINARY AUTHORITY………………………………………... 42
D. PROBATIONARY EMPLOYEES…………………………………………42
E. DISCIPLINARY ACTIONS……………………………………………. 42
1. Reprimand……………………………………………………….. 43
2. Suspension………………………………………………………. 43
3. Reduction in Salary……………………………………………… 43
4. Demotion..………………………………………………………. 43
5. Dismissal………………………………………………………… 44
F. DISCIPLINARY PROCEDURE………………………………………... 44
1. Initial Investigation……………………………………………… 44
2. Notice of Proposed Discipline…………………………………... 44
3. Proposed Discipline Deferred…………………………………… 45
Agenda Item #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
4. Pre-Disciplinary (Skelly) Hearing………………………………. 45
5. Notice of Disciplinary Action…………………………………… 45
6. Paid Administrative Leave………………………………………. 45
7. Exclusions……………………………………………………….. 45
G. APPEAL………………………………………………………………… 45
1. Right of Appeal………………………………………………….. 46
2. Procedure………………………………………………………... 46
3. Appointment of Hearing Panel.…………………………………. 46
4. Pre-Hearing Matters……………………………………………... 46
5. Conduct of Hearing……………………………………………… 46
6. Findings of the Panel……………………………………….. 45
7. Decision of the City Manager………………………………. 45
H. REASONS FOR REPRIMAND, DISCIPLINE, DEMOTION,
SUSPENSION OR DISCHARGE INCLUDE………………………….. 47
ARTICLE 15: LAYOFF PROCEDURE………………………………………………… 50
ARTICLE 16: SEPARABILITY………………………………………………………... 51
ARTICLE 17: TERM & COMPLETION OF
NEGOTIATIONS………………………………………………………… 52
ARTICLE 18: SIGNATURES…………………………………………………………... 53
Agenda Item #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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
- Associate Engineer
- Assistant Planner
- Associate Planner
- Buildings & Streets Superintendent
- Chief Plant Operator - Water & Wastewater
- Chief Water Distribution Operator
- Engineering Technician
- Environmental Services Technician I, II
- Executive Assistant
- Fire Inspector
- Human Resources Analyst
- Human Resources Technician
- 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
- Public Works Financial Analyst
- Recreation Coordinator
- Recreation Supervisor
- Public Works Supervisor
- Senior Accounting Technician
- Senior Librarian
- Senior Library Associate
- Underground Utilities Superintendent
Agenda Item #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
Agenda Item #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 Agenda Item #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
employee being promoted into a range with a higher top step will normally receive at least a five percent (5%) increase.
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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.
Pay for Performing Partial Duties of Higher Class
Agenda Item #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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.
Agenda Item #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
Agenda Item #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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 #10.7.
Memorandum of Understanding Between
St. Helena Employees’ Association and the City of St. Helena July 1, 2022 –June 30, 2025
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
Agenda Item #10.7.
Agenda Report to the City Council
Agenda Section: CONSENT ITEMS
Department: Police
DATE: May 14, 2024
FROM: Justin Tharp, Lieutenant
SUBJECT: Consideration to adopt a resolution authorizing (1) the City Manager to enter into an Agreement with We Care Animal
Rescue for animal shelter and adoption services for the City of St. Helena; and (2) authorize the City Manager to execute the Agreement on behalf of the City and make
non-substantive amendments to the form of agreement
RECOMMENDED
ACTION:
Approve the attached Resolution.
PREVIOUS COUNCIL
ACTION:
None
STATEMENT OF THE
PURPOSE:
To provide humane, lawful and courteous shelter/adoption services to the citizens of the City of St. Helena.
FINANCIAL IMPACT: The estimated Financial Impact is $8,000 annually with funding already allocated in the Police Department's
budget, therefore no budget adjustment is required.
BACKGROUND:
Animal Services is integral part of Police Services. Animal Services includes, animal cruelty investigation, animal bite investigations, injured animals, dogs at large/strays, and dog/cat owner surrenders. Animals must be housed in a way that is humane and in accordance with the law. Currently the St. Helena Police Department has no way to treat injured animals, house/shelter or adopt at our new facility.
DISCUSSION:
In 2015, the St. Helena Police Department ended its contract with the County of Napa for all Animal Services. This included field services such as animal cruelty investigations, animal bite investigations, and shelters/adoption services due to rising costs and an inadequate level of service.
Since 2015, the St. Helena Police Department has stepped into that role and provided all animal services for the City. This included fieldwork and shelter/adoption services.
Wine Country Animal Lovers, or W-CAL, briefly handled adoption services for the City.
This agreement was unable to be fulfilled by W-CAL, leaving the Police Department responsible for adoption services, a task for which the Police Department is ill-suited.
The St. Helena Police Department can adequately render field services but lacks the facilities and staff to adequately shelter and adopt animals the Police Department obtains.
Agenda Item #10.8.
Staff recommends shelter services be outsourced. The following organizations have provided a quote for the services mentioned above. All quotes provided for animal services are for five-years. All three organizations will provide medical care as needed and animal licensing for dogs within the City's jurisdiction. 1) We Care Animal Rescue; We Care is located within the City of St. Helena. We Care only provides shelter and adoption services. Found animals can easily be picked up by St. Helena residents at We Care. We Care operates on a fee-based system (see attachment), and the yearly cost fluctuates with the number of animals they are required to accept or treat. Staff estimates the price to be approximately $8,000 per fiscal year for medical, shelter, and adoption services, ensuring a cost-effective solution for the City.
2) North Bay Animal Services: North Bay is located in Petaluma. St. Helena residents would be required to pick up "at large" animals in Petaluma. North Bay is a full-service provider, handling both field services and shelter/adoption services. It is also the animal services provider for the City of Calistoga. The total cost for North Bay is $24,600 per fiscal year for five years.
3) County of Napa: The County of Napa animal services/shelter is located in south Napa. Napa County was the City's previous animal services provider. Napa County will provide field services and shelter/adoption services. The Total Cost for Napa County is $90,533, which will increase to $91,074 within that five-year agreement. Napa County is open to providing shelter services for $82,749 yearly.
Staff recommends contracting with We Care Animal Rescue for animal medical, shelter, and adoption services. We Care Animal Rescue is conveniently located within the City and will provide a seamless process for Officers to kennel found animals and for owners to retrieve those animals. By paying only for services rendered, the Police Department is using public funds in a fiscally responsible manner. Our Police Officers and the Community Service Officer will continue to handle all necessary field services, providing expedient and courteous customer service as our citizens have come to expect. North Bay Animal Services and the County of Napa have longer response times due to their respective locations and require residents to drive out of town to retrieve found animals.
ENVIRONMENTAL REVIEW:
Not Applicable.
GOAL:
Goal 5: Enhance Quality of Life
Goal 6: Improve Employee Recruitment, Retention, & Morale Goal 7: Enhance Organizational Effectiveness
Agenda Item #10.8.
DOCUMENTS ATTACHMENTS:
Northbay Animal Services
Napa County Shelter Services
Napa County Shelter Services
NSO Animal Services
We Care (Fees)
Resolution - MOU We Care Animal Rescue
St. Helena - Animal Services Agreement_We Care Animal Rescue-c1 Agenda Item #10.8.
December 24th, 2023
Justin Tharp
Police Lieutenant
City of St. Helena
1480 Main St,
St. Helena CA 95474
Lt. Tharp,
North Bay Animal Services (NBAS) is pleased to submit a proposal to the City of St. Helena for Animal Shelter Services. We believe that our proposal offers a great solution to provide animal services to the City of St. Helena.
NBAS brings together a team of people, to work collaboratively, with transparency, and the highest ethical standards to treat every person and animal we encounter with compassion and respect.
Thank you for considering our proposal and we look forward to the opportunity to serve the animals and people of St. Helena.
On behalf of the NBAS team, I certify that the information provided in our proposal is true, accurate and current.
Sincerely,
Mark Scott
Executive Director
North Bay Animal Services
707-364-9554
[email protected]
Agenda Item #10.8.
Proposal for
St. Helena Animal Care and Control
December 24th, 2023
Provided By
North Bay Animal Services
Mark Scott, Executive Director
840 Hopper Street
Petaluma, CA 94952
Telephone 707-762-6227
E-Mail [email protected]
Agenda Item #10.8.
Table of Contents
Executive Summary .......................................................................
General Company Description....................................................
Animal Control Services...............................................................
Marketing Plan...............................................................................
Operational Plan ............................................................................
Management and Organization ..................................................
Scope of Services............................................................................
Fee Schedule ...................................................................................
Budget Summary............................................................................
ACO Training Requirements ......................................................
Shelter Staff Training....................................................................
Agenda Item #10.8.
Executive Summary
North Bay Animal Services (NBAS) will provide Animal Care and Control Services for stray, surrendered and injured animals for St. Helena’s residents. Public services include collection and care of stray/injured animals, dog licensing, cruelty investigations, animal law enforcement, and facilitation of trap, spay/neuter and release for feral cat colonies.
NBAS works collaboratively with citizens and other entities in the cities that we serve, putting our collective years of experience to use in order to help homeless pets.
General Company Description
This California non-profit corporation provides animal services to cities in the San Francisco North Bay area. We shelter surrendered household pets, adopt them to qualified owners, respond to animal related requests and maintain the animal licensing program. We also provide Humane Education classes, and low-cost spay/neuter services.
We understand that the only services requested in St. Helena will be for animal services outlined in our scope of services portion of this proposal. The other services that we can provide are available upon request for an additional fee.
Mission Statement:
North Bay Animal Services provides high quality, comprehensive services to the community that result in fewer homeless animals, greater pet retention, and happier families.
We shelter, we save, we serve.
Business Philosophy:
Our most important resource is our people. From the Board of Directors, to the Advisory Committee, to the employees and volunteers, we all have a strong commitment to animal welfare. Each area of the organization is represented by years of service and expertise: Animal Control, Canine Training, Customer Service and Technology, Animal Veterinary Care, Volunteer Coordination, Humane Education, Community Outreach, Executive Management. This diverse group and their commitment to the industry and community make the organization flourish.
Fees for services provided:
Current Rate is $24,600.00
Agenda Item #10.8.
Animal Control Services
Animal Control Hours & Services
North Bay Animal Services will work at the 840 Hopper St. Petaluma location and provide for the following services from 9 a.m. to 6 p.m., Teusday through Saturday, excluding city recognized holidays:
• Acceptance of stray animals
• Sick or injured animals
• Assistance with dangerous animals
• Acceptance of owner surrenders for City of St. Helena residents • Work with St. Helena residents to reunite them with their lost pets. • Dog licensing
Animal Control Number
St. Helena Animal Control – 707-762-6227
After Hours Emergency
For after hour emergency calls related to sick, vicious or injured animals, please contact the St. Helena Police Department dispatch at 707-967-2850.
Regular Animal Control Service Hours
The Animal Control officer is on-duty Tuesday through Saturday, 9 a.m. to 6:00 p.m., excluding city recognized holidays. Animal related complaints received by the city or the police department outside of regular animal control service hours are forwarded to animal control for follow-up.
Response time During Regular Service Hours
Animal Control provides in-field response to animal medical emergencies and other emergencies involving danger to humans within 60 minutes or less during regular service hours. An Animal Control Officer will respond to non-emergency animal control issues within 24 hours of being notified during regular service hours.
Animal Control
We will respond to residents of St. Helena for pet related issues like barking dogs, stray animals, and respond to animal related issues in the community. This includes off-leash pets roaming the streets, community complaints about pets and community education.
Our Animal Control Officers resolve these issues in a timely fashion, delivering excellent customer service, always trying to keep the pet in the owner’s home. When necessary, animals will be housed at the shelter temporarily until the pet can be reunited with the owner.
Agenda Item #10.8.
Marketing Plan
We use social media, Facebook, Instagram and Craig’s List to proactively return animals to their owners. We post about lost animals and research found animal posts, trying to reunite these pets.
Website / Online Capabilities:
• Newsletters
• Photos posted of St. Helena strays
• Dog license processing
• Event announcements
A Compassionate Staff
Every member of our staff keeps the animals’ best interest at the forefront while delivering excellent customer service to the public. We maintain this attitude through a collaborative communication style, continued training and education and by recruiting the best in this field.
Customers
Animal Control will serve all citizens of St. Helena, pet owners as well as those affected by pets. Our facility in Petaluma is available to house pets in case of overflow from the St. Helena shelter.
Pricing / Fee Schedule
Pricing is set by the City of St. Helena City Council or Adopted Fee Schedule attached Location
Petaluma Animal Shelter
840 Hopper St.
Petaluma, CA 94952
Agenda Item #10.8.
Operational Plan
One Animal Control Officer will be assigned to St. Helena to respond to calls during regular business hours. A second officer will rotate for after-hours coverage. • Animal Transport
• Animal Services
• Police Assist
• Dog licensing
• Educating the public on St. Helena Municipal Code
• Cases, complaints and follow up if needed
The NBAS staff at the Petaluma shelter will support the City of St. Helena.
NBAS staff members will process licenses, consult on animal related issues and maintain the social media presence. NBAS management will ensure Animal Control and other departments are continually trained. (For example: CPR, sexual harassment prevention, animal care, Laws of Arrest and Firearms. NBAS staff will also comply with officer continued training (PC 832), to stay current on weapons safety and industry standards of excellence.
Legal Environment
Business license
IRS 501c3 designation and registration with the California Attorney General Business and property insurance.
Personnel
Executive Director
Animal Control Officer
Animal Shelter Staff
Agenda Item #10.8.
Management and Organization
Personnel
Mark Scott, Founder, Executive Director
Mark will oversee the daily operations. He will have direct responsibility for Animal Control functions/schedule, facilities, vehicles, adoption events, budget, finance, tax reporting, computer hardware, phones, donations, city liaison.
Mark joined Petaluma animal Services Foundation in 2012 and quickly rose through the ranks to Senior Animal Control Officer and then to Operations Supervisor. Mark successfully staff and maintained the Petaluma animal shelter and was then tasked with devising a plan to operate the Shelter Medical Department under a new proposed budget. He accomplished this by creating a relationship with a local vet while playing a pivotal role in contract negotiations. This new contract allowed animals to receive vet care five days per week, including an exam, spay or neuter, and a rabies shot. This arrangement saved animals from needless waiting and suffering.
Mark has built a solid animal control department that services the needs of the City of Petaluma, and he was also instrumental in creating a flexible animal control division for other city agencies. The Cities of Calistoga, Healdsburg, Cloverdale, along with Petaluma were all covered by Mark. In addition, Mark has a long record of successfully dealing with hostile situations and finding solutions that ensure the safety of his fellow team members, animals and the public. He has worked extensively with partner organizations, including the Rohnert Park Animal Shelter and the Sonoma County Animal Shelter.
During the Tubbs Fire, Sonoma County Animal Services recruited Mark to assist with search and rescue efforts. He has also successfully set up and run disaster relief efforts, coordinating the distribution of needed supplies and working closely with the Red Cross through a mobile animal shelter. Mark specializes in applying his expertise, job knowledge, and situational awareness to create a best possible outcome.
Mark is a member of the National Animal Care & Control Association. In 2018, he was presented with Petaluma’s Service Person of the Year Award by the Argus-Courier and Chamber of Commerce.
Agenda Item #10.8.
Professional and Advisory Support
Robbi Lakos, Board President
Robbi works in the industry and has lived in Petaluma for 17 years with her husband Greg and 4 cats. Robbi started out volunteering at the shelter in 2015 with the cats, and shortly thereafter, she took home her first foster kitten. She has been hooked ever since! Robbi continues to volunteer at the shelter most evenings and fosters both healthy and sick cats, ranging from bottle babies to senior cats who need extra attention. Robbi and Greg have fallen in love with fostering so much that they have converted their spare bedroom into a foster room. She also volunteers at Petco adoption days and other special events. During those events, Robbi enjoys educating others about the shelter and assisting with adoptions.
Gale Valentini, Board Treasurer
Gale has lived in Petaluma since 1992 and has been a supporter of NBAS from it’s inception. She is retired from a career in human resources and financial services with a detour to the culinary field. Cats have always been a part of Gale’s life with more than one and up to four living in her household. In addition to her cats, she enjoys gardening and quilting.
Jeanne Allen, Board Secretary
Jeanne Allen retired from her thirty-six year career in federal law enforcement in addition to sixteen years as an Recruitment Coordinator for the Department of Justice. In 2016, she joined the Board of Directors for Humankind Alliance, a non-profit organization dedicated to addressing the challenges between law enforcement agencies and their respective communities. Jeanne has been a shelter volunteer for the past 16 years in addition to volunteering at a variety of public adoption events, spay/neuter clinics and the weekly Petco cat adoption events. Jeanne also volunteers her time at Lily's Legacy, a senior dog rescue in Petaluma. Jeanne has had three rescue cats and she later adopted two more cats from the shelter. Jeanne is a avid hiker and enjoys traveling with her husband and son.
Advisory Board
Sheri Cardo – Public Relations/Political Advisory
Shirley Zindler – Animal Control
Agenda Item #10.8.
Insurance Agent
Leslie Dodds
Insurance Broker
McDonald-Leavitt Insurance Agency, Inc.
2800 Cleveland Ave. #D
Santa Rosa, CA 95403
707.284.5912 phone
707.284.5990 fax
Bank
Summit State Bank
100 Petaluma Blvd S.
Petaluma, Ca 94952
707-283-1120
Agenda Item #10.8.
SCOPE OF SERVICES
Animal Regulation Services: Contractor will provide in-field animal control services within the City boundaries. Field services will include, but are not limited to: response to requests for service from the St. Helena Police Department, citizen complaints, license compliance, barking dogs, dangerous or vicious animals, bite investigations as needed, cruelty investigations, removal of dead animals from City streets, and respond to calls in St. Helena dog parks, and emergency services. More specifically, the contractor's duties will include, but are not limited to the following:
Regular Animal Control Service Hours: Animal Control hours will be Tuesday through Saturday, 9:00 a.m. to 6:00 p.m., excluding City recognized holidays. Animal related complaints received by the City or the police department outside of regular animal control service hours will be forwarded to the contractor for follow-up.
Response time During Regular Service Hours: Contractor will provide in-field response to animal medical emergencies and other emergencies involving danger to humans within (60) minutes or less during regular service hours. Contractor will respond to non-emergency animal control issues within (24) hours of being notified during regular service hours at the request of St. Helena Police Department.
Animal Control Officer: Contractor shall employ as Animal Control Officers only those certified under Penal Code section 832. Contractor will maintain all training records.
Animal Control Officers will qualify with the use of their approved firearms on a quarterly basis. The use of firearms is limited to field euthanasia of animals Impoundment: Impound all Animals picked up at large and collect such impound fees as may be established from time to time by resolution of the City Council. All animals suspected to be rabid and/or that have bitten a person or other animal shall be impounded and handled as prescribed in Chapter 6.04 of the St. Helena Municipal Code.
Return of Impounded Animals: Contractor should return any lost/stray animal (impounded by field personnel) to the rightful owner in the field, when possible and subject to the payment of impound fees.
Calls for Service Routing: Contractor will handle and dispatch all calls for service received for appropriate animal related services during the normal business hours of the shelter. After hours calls for service will be forwarded to the on-call Animal Control Agenda Item #10.8.
Officer. Non-Emergency after hour calls will be forwarded to a recorded line as established by the contractor.
Animal Bites: At the request of the St. Helena Police Department the Contractor will investigate reported bites by animals. Contractor shall respond in person to all reported bites by dogs or suspect rabid or wild animals. As part of this response, Contractor shall contact and interview the bite victim(s) (or the victim's parent(s) or guardian(s) in the case of a minor) as part of the bite investigation procedure. Bite reports shall indicate who reported the bite incident to the City. Upon request Contractor will also provide the police department with a copy of all animal bite reports within one (1) week of occurrence.
Nuisance Animal Complaints: Upon request of the St. Helena Police Department Contractor will respond to and process nuisance animal complaints.
Dead Animals: Contractor will accept from the City for disposal, pursuant to established policy, the remains of domestic and small wild animals. The remains of large livestock, such as horses, bovines or sheep, or large wild or native animals are excluded from this responsibility. Contractor will accept and pick up the remains of deer.
Livestock: Contractor's services with respect to livestock are limited to placing the animal back into a corral, if possible, and issuing a citation to the owner. All other matters will be relayed to the St. Helena PD or other appropriate entity depending on the circumstances.
Trapping: Contractor shall assist City residents in removal of domestic or wild Animals from privately owned traps within twenty four (24) hours of being so notified.
Contractor may charge a fee if an Animal Control Officer is required to pick-up a trapped animal. Depending on trap availability, assist City residents in setting of trapping and removal, of domestic and wild Animals from public and private property within seven (7) days, as allowed by law.
Licenses for Dogs: Contractor shall provide full dog-licensing services, including license enforcement activity. Contractor shall charge fees and costs, remit monies, and maintain records with regards to animals received by it under the terms of the Agreement and consistent with the provisions of the St. Helena Municipal Code relating to fees and charges. Such fees and charges will be retained by Contractor.
Issuance of Warnings and Citations: Contractor will enforce all appropriate animal control and care related provisions of the St. Helena Municipal Code including the issuance of warning notices or citations as necessary for violations of the provisions the Municipal Code or State law.
Agenda Item #10.8.
Criminal Prosecutions: Contractor will forward any criminal investigation cases in which prosecutions are sought through the St. Helena PD records unit to the Napa County District Attorney's Office or other appropriate judicial review. Contractor shall follow all established report preparation protocols and shall receive training from the St. Helena PD as needed.
Administrative hearings and court testimony: Contractor shall make appropriate Animal Control Officers available to attend and testify in court or administrative hearings as outlined in title 6 of the St. Helena Municipal Code or as a result of a criminal subpoena issued by a recognized court of justice. Costs for the appearances of Animal Control Officers in court or hearings shall be the responsibility of the contractor.
Complaints: The City and Contractor shall designate a primary and alternate contact person for the purpose of addressing complaints. All complaints received by the City that require a response from the Contractor shall be made by telephone and/or electronic mail to the designated contact persons for the two Parties. An electronic mail response will be made by the Contractor within two (2) business days as to the resolution or ongoing response on the matter.
Enforcement Radios: Contractor will be provided two St. Helena PD patrol radios in order to make emergency requests for police assistance. Contractor shall ensure any and all employees utilizing police radios have received proper training from St. Helena PD in the use and care of the equipment. Radios shall only be issued to the Animal Control Officer and the Director.
After Hours Animal Control: Contractor will provide "on call” emergency response, to any situation involving animal medical emergencies or danger to humans, upon being requested by the St. Helena Police Department, within (60) minutes, during any hours outside of regular animal control service hours.
Shelter Services: Contractor shall provide full shelter services to all persons residing within the St. Helena city limits. These services will include, but are not limited to:
sheltering abandoned, unwanted or stray animals, adoptions, pre-adoption spays and neuters, animal licensing, and euthanasia
Contractor shall operate and maintain a shelter facility at 840 Hopper St Petaluma CA and will provide for the following services from 9:00a.m. to 6:00 p.m. Monday through Sunday, excluding City recognized holidays:
1. Acceptance of stray animals from the City of St. Helena 2. Spay and Neuter of all unaltered animals prior to adoption. 3. Euthanasia of animals who are irremediably suffering or which pose a danger to the
Agenda Item #10.8.
community. 4. Acceptance of owner surrenders for City of St. Helena residents by appointment and as space allows.
a. Whenever possible, our goal is to help pets and their owners remain together.
Understanding that pet relinquishment is not the preferred outcome, contractor will support St. Helena residents wanting to re-home their pets by first providing resources which allow the pet to remain in their home (training assistance, pet food pantry support, adoption-by-owner toolkit).
Exterior drop-off kennels will also be available to the St. Helena Police Department at all hours.
Shelter Business Hours: Contractor will maintain a shelter that is open to the public from 9:00a.m. to 6:00 p.m. Monday through Sunday, excluding City recognized holidays. Adoption hours shall be from 12:00 noon. through 6:00 p.m. which allows for morning feed and clean time prior to public viewing. Contractor shall receive stray animals from residents of St. Helena during business hours.
Contractor will accept animals from the St. Helena Police Department and exterior dropoff kennels will be available to officers at all hours.
Proper Care and Treatment: The best possible care and treatment shall be given to all animals held in possession of the contractor. Adequate food shall be provided and the shelter shall not be overpopulated. The shelter shall provide means for isolation, not permitting the public to have access or visits, of animals with Police holds, quarantines, or pets held in protective custody that will not expose other sheltered animals to risk.
The shelter shall have adequate number of dog kennels and cat cages. The animal shelter shall be maintained in a clean and sanitary condition. City staff reserves the right to enter and inspect the premises during regular business hours for the purpose of inspecting the facilities for the conditions above.
Housing of Animals: Contractor shall be solely responsible for the costs associated with the care and feeding of animals for any time periods beyond the minimum impoundment periods established in the St. Helena Municipal Code.
Emergency veterinary service costs for injured sick domestic animals: The City of St.
Helena will only incur a maximum of $250.00 per animal, towards emergency veterinary care. All additional medical costs are at the discretion and expense of the Contractor.
Agenda Item #10.8.
C. Other Related Services:
Training: In the course of operating the shelter and providing animal control services, contractor shall assign personnel that are trained, qualified and authorized to administer and/or enforce all laws, rules and regulations; operate all necessary equipment, have the ability to recognize animal breeds, diseases and injuries, and shall be competent to administer first aid to animals in the field. Contractor shall ensure that each Contractor employee assigned to the City of St. Helena is trained and currently certified, or will be certified within 60 days, in accordance with state standards. Contractor will ensure that personnel maintain required certifications and maintain that status through the required continuing education credits.
Documenting of Case Files: The Contractor will maintain and update all Animal Control case files.
Customer Service Levels: Contractor shall assist the City in the development of a customer service survey for Animal Control activities. In the event that the City implements a customer service survey, the responses received on the performance of Contractor must demonstrate the Contractor is fostering and maintaining harmonious relationships with the members of City Council, employees of the City, employees of the City's contract services providers and City businesses, residents, customers and is representing the City in the best light possible to members of the public, staff, elected and appointed officials and media.
Personnel, Supplies and Equipment: The Contractor at their expense shall provide all personnel, supplies, medications and pharmaceuticals, vehicles and equipment necessary for the efficient and effective operation of Animal Field Services, including, but not limited to Animal Control Officers,
Agenda Item #10.8.
Fee Schedule
NBAS Fee Schedule Adopted
Dog License Fees: Intact Dogs: $25, Altered Dogs: $20
Redemption Fees: Dogs, Cats and Livestock $45, other small animals: $28 Daily Board Fees: Dogs, Cats, and Livestock $20
Euthanasia and Small Animal $26, cats & dogs: $42
Group Cremation: Cats and Small Animals $48, Dogs: $54-75 Private Cremation: $140-$260
Surrender Fees: Adult Intact $69, adult altered $46
Litter $29
Field Services Fees: Pick up at Owners residence to be surrendered (+surrender fee): $70 Transport of injured animal to veterinarian: $75-175
Owner assist $75/hour
Police assist $175
After hours (board fees additional) $175
Other Fees as needed
Agenda Item #10.8.
Budget 2024 - St Helena
BUDGET SUMMARY REPORT
North Bay Animal Services
Budget Summary Monthly
Targets
YTD
Targets
Income Breakdown:
City Contract Fee $2,050.00 $24,600.00
License Fees (Estimate) $100.00 $1,200.00
Expense Breakdown:
Admin / Social Media / Animal Medical $100.00 $1,200.00 Officer On-Call $1,038.00 $12,456.00
Employee Salaries / Medical (Estimated Percentage) $500.00 $6,000.00 Printing Services $125.00 $1,500.00
Fuel Cost $150.00 $1800.00
Postage $50.00 $600.00
Accounting Fees $60.00 $720.00
Balance Sheet Summary (Mark's Suggested) Monthly
Targets
YTD
Targets
Income $2,150.00 $25,800.00
Expenses $2,023.00 $24,276.00
Budget Difference $127.00 $1524.00
Agenda Item #10.8.
Animal Control Officer Training Requirements
PC 832 Arrest Certification (40-Hours)
This course fulfills the requirements of Section 832 of the Penal Code as mandated by the California Commission on Peace Officer Standards and Training (POST).
Topics Include:
• Leadership,
• Professionalism, & Ethics
• Criminal Justice System
• Policing in the Community
• Introduction to Criminal
• Law Laws of Arrest
• Search and Seizure
• Presentation of Evidence
• Investigative Report Writing
• Use of Force*
• Preliminary Investigation
• Arrest Methods/Defensive Tactics
• Crimes Against the Justice System
• Cultural Diversity/Discrimination
**Animal Control Officers that successfully pass the PC 832 Couse then receive 12 weeks of on the job training at NBAS.
Agenda Item #10.8.
Animal Control Officer Training Requirements
PC 832 Firearms Certification (24-Hours) 450 Rounds
This course fulfills the requirements of Section 832 of the Penal Code as mandated by the California Commission on Peace Officer Standards and Training (POST) for agencies authorizing the use of firearms.
Firearm Topics Include:
• Care and maintenance
• Function
• Safety
• Shooting positions
• Fundamentals.
**An accuracy test is required for successful course completion. **A criminal history check is required by state law (13511.5 PC) for non-law enforcement agency personnel. Information provided upon class reservation. **Animal Control Officer’s that successfully pass the PC 832 Couse then receive 12 weeks of on the job training at NBAS.
Agenda Item #10.8.
Animal Shelter Staff
Animal Care Training (up to 90 days)
This on the job training fulfills the requirements of NBAS adopted training procedures.
Training may take up to 90 days to fulfill all the requirements and conditions.
Topics Include:
• HR. Sexual Harassment Training
• Fire Safety
• Customer Service
• Kennel Care
• Animal Handling & Safety
• Animal Identification
• Dog and Cat Basics for Newborns
• Vaccinations and Preventive Health
• Flea, Ticks and other Parasites
• And more
UC Davis Shelter Medicine
• Guidelines for Standards of Care in Animal Shelters
• The Association of Shelter Veterinarians
**A test is required for successful course completion.
Agenda Item #10.8.
FY2024/25 REQUESTED BUDGET INCLUDING ST. HELENA
PARTICIPANTS POPULATION OPS
County of Napa 17.9% 348,331
City of American Canyon 16.5% 320,126
City of Napa 59.3% 1,152,517
Town of Yountville 2.1% 41,677
Saint Helena 4.1% 80,339
TOTAL 100.0% 1,942,990
FY2024/25 REQUESTED BUDGET
PARTICIPANTS POPULATION OPS
County of Napa 18.7% 363,355
City of American Canyon 17.2% 333,934
City of Napa 61.9% 1,202,227
Town of Yountville 2.2% 43,475
TOTAL 100.0% 1,942,990
DECREASE FOR CURRENT PARTICIPANTS OPS
County of Napa (15,024)
City of American Canyon (13,808)
City of Napa (49,710)
Town of Yountville (1,798)
TOTAL DECREASE (80,339)
Agenda Item #10.8.
3% CONTIN. OPS SUBTOTAL 3% CIP TOTAL
348,331 10,450 358,781
320,126 9,604 329,730
1,152,517 34,576 1,187,092
41,677 1,250 42,928
80,339 2,410 82,749
- 1,942,990 58,290 2,001,280
3% CONTIN. OPS SUBTOTAL 3% CIP TOTAL
363,355 10,901 374,256
333,934 10,018 343,952
1,202,227 36,067 1,238,293
43,475 1,304 44,779
- 1,942,990 58,290 2,001,280
CIP
(451)
(414)
(1,491)
(54)
(2,410)
Agenda Item #10.8.
ANIMAL SHELTER - OPERATIONS (50400-00)
FY25 Requested Budget
CONTRIBUTION FOR FY24 - INCLUDED DISCOUNT
Account # Description FY2023/24 FY2023/24 FY20223/24 FY2024/25 Notes FY2023/24 ADOPTED BUDGET 3% discout OPS contribution 3% CIP ContributionTotal REVENUES ADOPTED ACTUALS PROJECTION PROJECTION PARTICIPANTS POPULATION OPS 0% CONTIN. OPS SUBTOTAL 3% CIP TOTAL County of Napa 10,781 348,596 10,458 359,054 42100 Animal Licenses 73,500 40,007 73,500 73,500 County of Napa 18.8% 348,596 - 348,596 10,458 359,054 City of American Canyon 9,904 320,237 9,607 329,844 42690 Permits/Application Fees 570 570 570 570 City of American Canyon 17.3% 320,237 - 320,237 9,607 329,844 City of Napa 35,432 1,145,624 34,369 1,179,993 43950 Other-Governmental Agencies - - City of Napa 61.7% 1,145,624 - 1,145,624 34,369 1,179,993 Town of Yountville 1,294 41,830 1,255 43,085 44300 Forfeitures and Penalties 6,500 4,156 6,500 6,500 Town of Yountville 2.3% 41,830 - 41,830 1,255 43,085 TOTAL 57,411 1,856,287 55,689 1,911,975 45100 Interest 5,200 12,615 18,615 9,000 interest rates are decreasing TOTAL 100% 1,856,287 - 1,856,287 55,689 1,911,976 45200 Dividends / Rebates - 59 59 -
45305 Rent-Equipment 150 - 150 - FY2024/25 REQUESTED BUDGET 46165 Humane Services 19,000 14,390 19,000 19,000 PARTICIPANTS POPULATION OPS 3% CONTIN. OPS SUBTOTAL 3% CIP TOTAL 46170 Animal Adoption Fees 87,550 52,316 87,550 87,550 based on actuals County of Napa 17.9% 348,331 348,331 10,450 358,781 46800 Charges for Services -Impound/Board 28,298 12,829 38,586 28,300 Impound/Board City of American Canyon 16.5% 320,126 320,126 9,604 329,730 47150 Other Grant 10,000 14,429 14,429 20,000 City of Napa 59.3% 1,152,517 1,152,517 34,576 1,187,092 47400 Insurance Settlement - Town of Yountville 2.1% 41,677 41,677 1,250 42,928 47500 Donations and Contributions 18,000 6,427 13,000 13,000 Saint Helena 4.1% 80,339 80,339 2,410 82,749 48200 Transfers - In - - - - TOTAL 100% 1,942,990 - 1,942,990 58,290 2,001,280 49900 Intrafund Transfer-In - - - 55,000 4 Capital Assets (transfer in from ANS00) OTHER REVENUE 248,768 157,799 271,959 312,420
- FY2023/24 ADOPTED vs. FY2024/25 REQUESTED
46800 Charges for Services (County) 358,884 348,596 348,596 348,331 PARTICIPANTS 23/24 24/25 DIFFERENCE 46810 Charges for Services-Amcan 330,141 160,118 320,237 320,126 46815 Charges for Services-Napa City 1,181,056 572,812 1,145,624 1,152,517 COUNTY Possible Credit 46820 Charges for Service-Yountville 43,123 20,916 41,830 41,677 Operations 348,596 348,331 (265) 0% 17,478 County of Napa 46825 Charges for St. Helena - - - 80,339 Adding St. Helena Contingency - - - 0% 16,056 Ame Canyon CHARGES FOR SERVICES 1,913,204 1,102,442 1,856,287 1,942,990 CIP 10,458 10,450 (8) 0% 57,439 City of Napa TOTAL 359,054 358,781 (273) 0% 2,097 Town of Yountville TOTAL REVENUES 2,161,972 1,260,241 2,128,246 2,255,410 93,070
AMERICAN CANYON
EXPENSES ADOPTED ACTUALS PROJECTION PROJECTION Notes Operations 320,237 320,126 (111) 0% 51100 Salaries and Wages 766,490 399,405 766,490 782,160 based on S&B calculation, plus $4,160 for bilingual pay Contingency - - - 0% 51110 Extra Help 114,000 39,493 80,000 111,000 CIP 9,607 9,604 (3) 0% 51115 Overtime 2,500 335 1,000 1,500 TOTAL 329,844 329,730 (114) 0% 51120 Holiday Pay 625 108 625 750
51125 Standby Pay 100 - 100 100 NAPA
51130 Vacation Pay-Out 4,800 1,259 4,800 5,671 per CEO Operations 1,145,624 1,152,517 6,893 1% 51135 Longevity Pay - - - - Contingency - - - 0%
51200 401A Employer Contribution 5,000 2,495 5,000 7,600 based on S&B calculation CIP 34,369 34,576 207 1% 51205 Cell Phone Allowance 420 254 420 840 cell phone allowance TOTAL 1,179,993 1,187,092 7,099 1% 51300 Medicare 11,114 6,351 11,114 11,500 based on S&B calculation 51400 Employee Insurance-Premiums 174,785 73,436 174,785 156,460 based on S&B calculation YOUNTVILLE 51405 Workers Compensation 72,108 54,081 72,108 81,960 Operations 41,830 80,339 38,509 92% 51600 Retirement 208,936 113,460 208,936 210,500 based on S&B calculation Contingency - - - 0% 51601 Retirement Cost Sharing - - - - CIP 1,255 2,410 1,155 92% 51605 Other Post Employment Benefits 32,339 24,254 32,339 43,344 TOTAL 43,085 82,749 39,664 92% SALARIES AND BENEFITS 1,393,217 714,931 1,357,717 1,413,385 GRAND TOTAL 1,911,976 1,958,352 46,376 2%
52130 Information Technology Service 52,442 39,332 52,442 62,170 based on allocation 52131 ITS-Communication Services 4,000 3,000 4,000 6,432 based on allocation 52132 ITS-Records Mgmt Services 7,471 5,603 7,471 7,224 based on allocation 52145 Engineer Services 40,000 40,000 40,000 40,000 40k Cap 52150 Temporary / Contract Help - 18,564 18,565 - Bolt Staffing 52220 Medical/Laboratory Services 2,087 272 2,087 2,000 52230 Veterinary Services 243,000 148,757 265,000 270,000 Humane (230k) and CalPet (135k) increase in SN 52305 Training Services - - - -
52325 Waste Disposal Services - 24 - -
52330 Hazardous Waste Disposal Serv 15,863 10,582 20,000 20,000 Koefran ($1,260/monthly) contract max 22k 52490 Other Professional Services 9,000 1,770 9,000 3,000 Wolfmother K9 expires 6/30/24 (contract max $9,500) 52500 Maint - Equipment 150 644 645 2,250 encumber $2,100 to WSD 52510 Maintenance-B&I-PW Charges 159,580 119,685 159,580 200,391 PM revised allocation, plus Engie Solar 52600 Rents and Leases - Equipment 2,400 1,209 2,400 2,400 KBA ($141/monthly) 52700 Insurance - Liability 5,516 4,137 5,516 6,172 GL rates 52800 Communications/Telephone 4,000 747 2,000 2,000 based on YTD actuals 52810 Advertising/Marketing 1,200 - 600 600
52820 Printing & Binding 300 - 150 150
52900 Training/Conference Expenses 2,500 600 2,500 2,500 52905 Business Travel/Mileage 800 7 500 500
52906 Fleet Charges 9,563 6,061 9,563 10,781 based on allocation 53100 Office Supplies 2,100 2,719 3,000 3,000
53105 Office Supplies-Furn & Fixture 500 592 600 500
53115 Books/Media/Periodicals/Subscr 500 250 500 250
53120 Memberships/Certifications 250 260 1,460 1,500 annual certifications (meds) 53215 Utilities - Fire Suppression Systems 100 - 100 - under PM allocation 53250 Fuel - 227 227 250
53300 Clothing and Personal Supplies 1,000 - 1,000 1,000 53305 Household Expense 11,500 17,004 25,000.00 18,800
53320 Safety Supplies - - - -
53330 Janitorial Supplies 100 - 100 -
53410 Computer Equipment - 397 397 -
53350 Maintenance Supplies - - - -
53605 Animal Feed/Supplies 53,000 34,938 60,000 60,000 based on YTD actuals 53610 Veterinary Supplies 60,000 56,535 72,000 72,000 based on YTD actuals 53615 Animal Trapping Devices 500 409 500 500
SERVICES AND SUPPLIES 689,422 514,324 766,903 796,370
SUBTOTAL SALARIES, BENEFITS, SERVICES, & SUPPLIES 2,082,639 1,229,255 2,124,620 2,209,755 54315 Interest on Other Debt 4,427 - 4,427 3,608 interest 54600 Depreciation 110,000 - 110,000 110,000
55400 Equipment - - - 55,000 4 capital assets
56190 Transfers Out to Debt Service 20,030 - 20,030 19,467 debt services 56200 Indirect Cost Allocation A87 Charges 54,876 41,157 54,876 (32,420) based on A87 from CEO 58100 Appropriation for Contingencies 57,428 - 15,447 66,012 3% of Adjusted Expenses (2,200,410) OTHER EXPENSES 246,761 41,157 204,780 221,667
Agenda Item #10.8.
TOTAL EXPENSES 2,329,400 1,270,412 2,329,400 2,431,422
(LESS) DEPRECIATION (110,000) - (110,000) (110,000)
(LESS) CONTINGENCY (57,428) - (15,447) (66,012)
ADJUSTED EXPENSES 2,161,972 1,270,412 2,203,953 2,255,410 ADJUSTED EXPENSES 2,161,972 1,270,412 2,203,953 2,255,410 (LESS) NON-PARTICIPANT GENERATED REVENUE (248,768) (157,799) (271,959) (312,420) ADJUSTED EXPENSES TO ALLOCATE 1,913,204 1,112,614 1,931,994 1,942,990 BEGINNING FUND BALANCE 572,447 551,692 551,692 475,985 beginning balance projection NET SURPLUS/DEFICIT - (10,172) (75,707) -
ENDING FUND BALANCE 572,447 541,520 475,985 475,985
Ending vs Beginning
Year End Projection FY24/25
Daily Operating Budget 6,661.43
60-Day Operating Budget 399,685.81
Excess Fund Balance 76,299.37
Year End Projection FY23/24
Daily Operating Budget 6,381.92
60-Day Operating Budget 382,915.09
Excess Fund Balance 93,070.09
Agenda Item #10.8.
Agenda Item #10.8.
Fees Amount Measure
Dog care and
housing $60 per day
Cat care and
housing $40 per day
Dangerous or
vicious dog
quarantine $100 per day
Dog with
nursing puppies $100 per day
Cat with kittens $60 per day
Dog intake
(assume
custody, care,
and outcome) $500
Cat intake
(assume
custody, care,
and outcome $500
Dog spay
$300/ $350
(over 65 lbs)
Dog neuter
$225/$275
(over 65 lbs)
Cat spay $155
Cat neuter $80
Dog vaccines
(required for
dogs upon
intake) $25
Cat vaccines
(required for
cats upon intake $25
Small animals
housing $10 per day
Animal transport $1.50 per mile
Emergency vet
care to stabilize
sick or injured
animal
Cost of care up
to $4,000 +
$50/hour for
staff time
Dog licensing
fee
collected from
individual
residents
Euthanasia $250
Agenda Item #10.8.
CITY OF ST. HELENA
RESOLUTION NO. 2024-____
RESOLUTION AUTHORIZING (1) THE CITY MANAGER TO ENTER INTO AN WITH WE CARE RESCUE FOR ANIMAL AND ADOPTION SERVICES FOR THE CITY OF ST.
HELENA; AND (2) AUTHORIZE THE CITY MANAGER TO EXECUTE THE AGREEMENT
ON BEHALF OF THE CITY, SUBJECT TO MINOR NON-SUBSTANTIVE AMENDMENTS
RECITALS
A. Currently the City of St. Helena lacks shelter and adoption services for found, or surrendered animals; and
B. We Care Animal Rescue is dedicated to the humane, lawful treatment of animals; and
C. The city should outsource all animal medical, shelter and adoption services to We Care Animal Rescue; and
D. The estimated cost for these services is approximately $8,000 per fiscal year; and
E. These funds are already allocated within the Police Departments annual operation budget; and
F. The City and We Care Animal Rescue desire to execute an Agreement for animal medical, shelter, and adoption services.
RESOLUTION
NOW, THEREFORE, the City Council of the City of St. Helena hereby resolves as follows:
1. Authorize the City Manager to enter into an Agreement with We Care Animal Rescue for animal medical, shelter and adoption services within the City of St. Helena; and
2. Authorize the City Manager to execute the Agreement in the form enclosed in the staff materials included with this Resolution, subject to nonsubstantive amendments that may arise during the implementation of the Agreement.
Agenda Item #10.8.
Approved at a Regular Meeting of the St. Helena City Council on May 14, 2024, by the following vote:
Mayor Dohring __________
Vice Mayor Hall: __________
Councilmember Chouteau: __________
Councilmember Summer: __________
Councilmember Kenealy:
APPROVED: ATTEST:
__________________________ __________________________
Paul Jamison Dohring, Mayor Cindy Tzafopoulos, City Clerk Agenda Item #10.8.
83578.00010\42203115.1
1 ANIMAL CONTROL SERVICES AND SHELTERING AGREEMENT
BETWEEN THE CITY OF ST. HELENA
AND WE CARE ANIMAL RESCUE
THIS AGREEMENT is made and effective as of _____________, 2024 (“Effective Date”), between the City of St. Helena, a municipal corporation ("City") and We Care Animal Rescue, a California nonprofit corporation ("Contractor"). City and Contractor are sometimes individually referred to as “party” and collectively as “parties.”
RECITALS
A. The City desires Contractor to provide certain animal control services for the purpose of safeguarding the health and safety of the population of the City of St. Helena and the health and safety of its domestic animals, and for the purpose of promoting the humane treatment of animals and the stimulation of public support for enforcement of City ordinances relating to animal control.
B. Contractor has the ability to provide such services.
C. City desires to retain Contractor to perform the services as provided herein and Contractor desires to provide such services as set forth in the Agreement.
NOW, THEREFORE, in consideration of the mutual covenants and conditions set forth herein, the parties agree as follows:
1. TERM. The term of this Agreement shall commence on the Effective Date, and shall remain in effect until _________________, unless sooner terminated pursuant to the provisions of this Agreement (the "Initial Term"). The City may, at its sole discretion, extend the term of this Agreement on a 12-month basis not to exceed four (4) additional twelve (12) month renewal terms (each, a "Renewal Term") by giving written notice to Contractor not less than thirty (30) days before the expiration of this Agreement, such notice to be exercised by the City Manager. The Initial Term together with any Renewal Term are hereinafter referred to as the "Term."
2. SERVICES. Contractor shall perform the services and tasks described in Exhibit A, attached hereto and incorporated herein by reference.
3. PERFORMANCE. Contractor shall at all times faithfully, competently and to the best of its ability, experience, and talent perform all tasks described herein. Contractor shall employ, at a minimum, generally accepted standards and practices utilized by persons engaged in providing similar services as are required of Contractor hereunder in meeting its obligations under this Agreement.
4. COMPENSATION AND PAYMENT.
a. Compensation. Compensation to be paid to Contractor shall be in accordance with the fees and costs set forth in Exhibit B, attached hereto and incorporated herein by reference. Unless additional payment is approved as provided in this Agreement, compensation paid to the Contractor during the term of this Agreement shall not exceed the estimated amount of $_______________ per year, except that Contractor may retain licensing Agenda Item #10.8.
83578.00010\42203115.1
2 and impound fees collected on behalf of the City for services provided pursuant to this Agreement.
b. Method of Payment. Contractor will submit invoices monthly for actual services performed. Invoices shall be submitted between the first and fifteenth business day of each month, for services provided in the previous month. Payment shall be made within thirty (30) days of receipt of each invoice as to all non-disputed fees. If City disputes any of Contractor's fees, it shall give written notice to Contractor within thirty (30) days of receipt of an invoice of any disputed fees set forth on the invoice.
c. Additional Services. Contractor shall not be compensated for any services rendered in connection with its performance of this Agreement which are in addition to those set forth in Exhibit A and Exhibit B, unless such additional services are authorized in advance and in writing by the City Manager. Contractor shall be compensated for any additional services in the amounts and in the manner as agreed to by the City Manager and Contractor at the time City's written authorization is given to Contractor for the performance of said services.
5. SUSPENSION OR TERMINATION OF AGREEMENT WITHOUT CAUSE. a. The City may at any time, for any reason, with or without cause, suspend or terminate this Agreement, or any portion hereof, by serving upon the Contractor at least ten (10) days prior written notice. Upon receipt of said notice, the Contractor shall cease all work under this Agreement at the end of the ten (10) day notice period, unless the notice provides for a later date. If the City suspends or terminates a portion of this Agreement, such suspension or termination shall not make void or invalidate the remainder of this Agreement. b. In the event this Agreement is terminated pursuant to this Section, the City shall pay to Contractor the actual value of the work performed up to the time of termination, provided that the work performed is of value to the City. Upon termination of the Agreement pursuant to this Section, the Contractor will submit an invoice to the City pursuant to Section 4.
6. DEFAULT OF CONTRACTOR.
a. The Contractor's failure to comply with the provisions of this Agreement shall constitute a default. In the event that Contractor is in default for cause under the terms of this Agreement, City shall have no obligation or duty to continue compensating Contractor for any work performed after the date of default and can terminate this Agreement immediately by written notice to the Contractor. If such failure by the Contractor to make progress in the performance of work hereunder arises out of causes beyond the Contractor's control, and without fault or negligence of the Contractor, it shall not be considered a default. b. If the City Manager or designee determines that the Contractor is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the Contractor with written notice of the default. The Contractor shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the Contractor fails to cure its default within such period of time, the City shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
Agenda Item #10.8.
83578.00010\42203115.1
3 7. DEFAULT OF CITY. If the Contractor determines that the City is in default in the performance of any of the terms or conditions of this Agreement, it shall serve the City with written notice of the default. The City shall have (10) days after service upon it of said notice in which to cure the default by rendering a satisfactory performance. In the event that the City fails to cure its default within such period of time, the Contractor shall have the right, notwithstanding any other provision of this Agreement, to terminate this Agreement without further notice and without prejudice to any other remedy to which it may be entitled at law, in equity or under this Agreement.
8. OWNERSHIP OF DOCUMENTS.
a. Contractor shall maintain complete and accurate records with respect to sales, costs, expenses, receipts and other such information required by City that relate to the performance of services under this Agreement. Contractor shall maintain adequate records of services provided in sufficient detail to permit an evaluation of services. All such records shall be maintained in accordance with generally accepted accounting principles and shall be clearly identified and readily accessible. Contractor shall provide free access to the representatives of City or its designees at reasonable times to such books and records, shall give City the right to examine and audit said books and records, shall permit City to make transcripts there from as necessary, and shall allow inspection of all work, data, documents, proceedings and activities related to this Agreement. Such records, together with supporting documents, shall be maintained for a period of three (3) years after receipt of final payment. b. Upon completion of, or in the event of termination or suspension of this Agreement, all original documents, designs, drawings, maps, models, computer files containing data generated for the work, surveys, notes, and other documents prepared in the course of providing the services to be performed pursuant to this Agreement shall become the sole property of the City and may be used, reused or otherwise disposed of by the City without the permission of the Contractor. With respect to computer files containing data generated for the work, Contractor shall make available to the City, upon reasonable written request by the City, the necessary computer software and hardware for purposes of accessing, compiling, transferring and printing computer files.
9. INDEMNIFICATION. To the fullest extent permitted by law, Contractor shall defend (with counsel reasonably approved by City), indemnify and hold City, its officials, officers, employees, agents, and volunteers free and harmless from any and all claims, demands, causes of action, suits, actions, proceedings, costs, expenses, liability, judgments, awards, decrees, settlements, loss, damage or injury of any kind, in law or equity, to property or persons, including wrongful death, (collectively, “Claims”) in any manner arising out of, pertaining to, or incident to any alleged acts, errors or omissions, or willful misconduct of Contractor, its officials, officers, employees, subcontractors, consultants or agents in connection with the performance of Contractor’s services or this Agreement, including without limitation the payment of all damages, expert witness fees, attorneys’ fees and other related costs and expenses. This indemnification clause excludes Claims arising from the sole negligence or willful misconduct of City. Contractor’s obligation to indemnify shall not be restricted to insurance proceeds, if any, received by City or its officials, officers, employees, agents or volunteers. Contractor’s indemnification obligation shall survive any expiration or termination of this Agreement.
10. INSURANCE REQUIREMENTS. Contractor shall procure and maintain for the duration of the contract insurance against claims for injuries to persons or damages to property, Agenda Item #10.8.
83578.00010\42203115.1
4 which may arise from or in connection with the performance of the work hereunder by the Contractor, its agents, representatives, or employees.
a. Minimum Scope of Insurance. Coverage shall be at least as broad as:
(1) Insurance Services Office Commercial General Liability form No.
CG 00 01 11 85 or 88.
(2) Insurance Services Office Business Auto Coverage form CA 00 01 06 92 covering Automobile Liability, code 1 (any auto). If the Contractor owns no automobiles, a non-owned auto endorsement to the General Liability policy described above is acceptable. (3) Worker's Compensation insurance as required by the State of California and Employer's Liability Insurance. If the Contractor has no employees while performing under this Agreement, worker's compensation insurance is not required, but Contractor shall execute a declaration that it has no employees.
b. Minimum Limits of Insurance. Contractor shall maintain limits no less than:
(1) General Liability: $1,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability Insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to 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) Worker's Compensation as required by the State of California; Employer's Liability: One million dollars ($1,000,000) per accident for bodily injury or disease.
c. Deductibles and Self-Insured Retentions. Any deductibles or self-insured retentions must be declared to and approved by the City Manager. At the option of the City Manager, either the insurer shall reduce or eliminate such deductibles or self-insured retentions as respects the City, its officials, officers, employees and agents; or the Contractor shall procure a bond guaranteeing payment of losses and related investigations, claim administration and defense expenses.
d. Other Insurance Provisions. The general liability and automobile liability policies are to contain, or be endorsed to contain, the following provisions:
(1) The City, its officials, officers, employees and agents are to be covered as insured's as respects: liability arising out of activities performed by or on behalf of the Contractor; products and completed operations of the Contractor; premises owned, occupied or used by the Contractor; or automobiles owned, Agenda Item #10.8.
83578.00010\42203115.1
5 leased, hired or borrowed by the Contractor. The coverage shall contain no special limitations on the scope of protection afforded to the City, its officials, officers, employees, or agents. (2) For any claims related to this project, the Contractor's insurance coverage shall be primary insurance as respects the City, its officials, officers, employees and agents. Any insurance or selfinsured maintained by the City, its officials, officers, employees or agents shall be excess of the Contractor's insurance and shall not contribute with it.
(3) Any failure to comply with reporting or other provisions of the policies including breaches of warranties shall not affect coverage provided to the City, its officials, officers, employees or agents. (4) The Contractor's insurance shall apply separately to each insured against whom claim is made or suit is brought, except with respect to the limits of the insurer's liability.
(5) Each insurance policy required by this clause shall be endorsed to state that coverage shall not be suspended, voided, canceled by either party, reduced in coverage or in limits except after thirty (30) days' prior written notice by certified mail, return receipt requested, has been given to the City.
e. 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. Selfinsurance shall not be considered to comply with these insurance requirements. f. Verification of Coverage. Contractor shall furnish the City with original endorsements effecting coverage required by this clause. The endorsements are to be signed by a person authorized by that insurer to bind coverage on its behalf. The endorsements are to be on forms provided by the City. All endorsements are to be received and approved by the City before work commences. As an alternative to the City's forms, the Contractor's insurer may provide complete, certified copies of all required insurance policies, including endorsements effecting the coverage required by these specifications.
11. INDEPENDENT CONTRACTOR.
a. Contractor is and shall at all times remain as to the City a wholly independent contractor. The personnel performing the services under this Agreement on behalf of Contractor shall at all times be under Contractor's exclusive direction and control. Neither City nor any of its officials, officers, employees, agents, or volunteers shall have control over the conduct of Contractor or any of Contractor's officers, employees, or agents except as set forth in this Agreement. Contractor shall not at any time or in any manner represent that it or any of its officers, employees or agents are in any manner officers, employees or agents of the City.
Contractor shall not incur or have the power to incur any debt, obligation or liability whatever against City, or bind City in any manner.
b. No employee benefits shall be available to Contractor in connection with the performance of this Agreement. Except for the fees paid to Contractor as provided in the Agenda Item #10.8.
83578.00010\42203115.1
6 Agreement, City shall not pay salaries, wages, or other compensation to Contractor for performing services hereunder for City. City shall not be liable for compensation or indemnification to Contractor for injury or sickness arising out of performing services hereunder.
12. LEGAL RESPONSIBILITIES. The Contractor shall keep itself informed of all local, State and Federal laws, statutes and regulations which in any manner affect those employed by it or in any way affect the performance of its service pursuant to this Agreement. The Contractor shall at all times observe and comply with all such laws, statutes and regulations. The City, and its officials, officers, employees, agents and volunteers shall not be liable at law or in equity occasioned by failure of the Contractor to comply with this section.
13. REPORTS AND RECORDS. Contractor shall prepare quarterly reports to the City which shall provide the following information: (i) animal shelter operations (as it pertains to the Agreement), including the number of stray animals impounded and their disposition; (ii) the number, dates, and types of dog licenses issued; (iii) the number of animals processed through Contractor, including the type of impoundment, the length of stay, and the outcome of impounded animals; (iv) the number of veterinary services provided to impounded pets; and (v) the number and type of veterinary services provided to community pets.
14. RELEASE OF INFORMATION.
a. All information gained by Contractor in performance of this Agreement shall be considered confidential and shall not be released by Contractor without City's prior written authorization. Contractor, its officers, employees, agents or subcontractors, shall not without written authorization from the City Manager or unless requested by the City Attorney, voluntarily provide declarations, letters of support, testimony at depositions, response to interrogatories or other information concerning the work performed under this Agreement or relating to any project or property located within the City. Response to a subpoena or court order shall not be considered voluntary provided Contractor gives City notice of such court order or subpoena. b. Contractor shall promptly notify City should Contractor, 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 there under or with respect to any project or property located within the City.
City retains the right, but has no obligation, to represent Contractor and/or be present at any deposition, hearing or similar proceeding. Contractor agrees to cooperate fully with City and to provide City with the opportunity to review any response to discovery requests provided by Contractor. However, City's right to review any such response does not imply or mean the right by City to control, direct, or rewrite said response.
15. NOTICES. Any notices given under this Agreement shall be in writing and shall be served either: (i) by hand delivery; (ii) by U.S. mail, postage prepaid, registered or certified mail, return receipt requested; or (iii) by transmittal over an electronic transmitting device (with confirmation of receipt), such as facsimile or email, provided that a complete copy of any notice so transmitted shall also be mailed by U.S. mail. Notices shall be deemed received at the earlier of actual receipt or three (3) days following deposit in U.S. mail, postage prepaid. From time to time the parties may designate a new address for purposes of notice hereunder by notice to the other parties hereto in the manner provided above. Initial notice addresses are as follows:
Agenda Item #10.8.
83578.00010\42203115.1
7 To City:
To Contractor:
City of St. Helena
ATTN:
1088 College Avenue
St. Helena, CA 94574
Email:
We Care Animal Rescue
ATTN: Executive Director
1345 Charter Oak Avenue
St. Helena, CA 94574
Email: [email protected]
16. ASSIGNMENT. Contractor shall not assign the performance of this Agreement, nor any part thereof, nor any monies due hereunder, without prior written consent of the City. Upon termination of this Agreement, Contractor's sole compensation shall be payment for actual services performed up to, and including, the date of termination or as may be otherwise agreed to in writing between the City and the Contractor.
17. INTERPRETATION; DRAFTING. This Agreement shall be construed equally as against the parties hereto and shall not be construed against the party responsible for its drafting. All prior drafts of this Agreement shall be disregarded in construing the intent of any provision contained herein or therein, and such prior drafts shall be inadmissible in any proceeding at which any such provision is to be interpreted.
18. LICENSES, PERMITS, ETC. At all times during the term of this Agreement, Contractor shall have in full force and effect, all licenses, permits, qualifications, and approvals of whatever nature that are required of it by law for the performance of the services described in this Agreement.
19. HEADINGS. The headings of the articles and sections herein are inserted for convenience of reference only and are not intended to be a part of or to affect the meaning or interpretation of this Agreement.
20. GOVERNING LAW; VENUE. This Agreement and its performance shall be governed, interpreted, construed, and regulated by the laws of the State of California. Any action brought to enforce or interpret any portion of this Agreement shall be brought in the County of Napa, California.
21. NO THIRD-PARTY BENEFICIARIES. The covenants contained herein are made solely for the benefit of the parties hereto and successors and assigns of such parties as specified herein and shall not be construed as having been intended to benefit any third party which is not a party to this Agreement.
22. MODIFICATION. This Agreement may be amended, modified or rescinded only by a writing signed by all parties to this Agreement or by their duly authorized agents.
23. SEVERABILITY. In the event that any one or more of the phrases, sentences, clauses, paragraphs, or sections contained in this Agreement shall be declared invalid or unenforceable by a valid judgment or decree of a court of competent jurisdiction, such invalidity or unenforceability shall not affect any of the remaining phrases, sentences, clauses, Agenda Item #10.8.
83578.00010\42203115.1
8 paragraphs, or sections of this Agreement which are hereby declared as severable and shall be interpreted to carry out the intent of the parties hereunder.
24. NO WAIVER. No delay or omission in the exercise of any right or remedy of a non-defaulting party on any default shall impair such right or remedy or be construed as a waiver. Either party’s consent or approval of any act by the other party requiring its consent or approval shall not be deemed to waive or render unnecessary its consent to or approval of any subsequent act of the other party. Any waiver by either party of any default must be in writing and shall not be a waiver of any other default concerning the same or any other provision of this Agreement.
25. PROHIBITED INTEREST. No officer, or employee of the City of St. Helena shall have any financial interest, direct or indirect, in this Agreement, the proceeds thereof, the Contractor, or Contractor's sub-contractors for this project, during its tenure or for one year thereafter. The Contractor hereby warrants and represents to the City that no officer or employee of the City of St. Helena has any interest, whether contractual, non-contractual, financial or otherwise, in this transaction, or in the business of the Contractor or Contractor's sub-contractors on this project. Contractor further agrees to notify the City in the event any such interest is discovered whether or not such interest is prohibited by law or this Agreement.
26. ENTIRE AGREEMENT. This Agreement contains the entire understanding between the parties relating to the obligations of the parties described in this Agreement. All prior or contemporaneous agreements, understandings, representations and statements, oral or written, are merged into this Agreement and shall be of no further force or effect. Each party is entering into this Agreement based solely upon the representations set forth herein and upon each party's own independent investigation of any and all facts such party deems material. The attached Exhibits A and B are incorporated herein.
27. COUNTERPARTS. This Agreement may be executed in two or more counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument.
28. AUTHORITY TO EXECUTE THIS AGREEMENT. The person or persons executing this Agreement on behalf of Contractor warrants and represents that he or she has the authority to execute this Agreement on behalf of the Contractor and has the authority to bind Contractor to the performance of its obligations hereunder. [SIGNATURES ON FOLLOWING PAGE]
Agenda Item #10.8.
83578.00010\42203115.1
9 SIGNATURE PAGE TO
ANIMAL CONTROL SERVICES AND SHELTERING AGREEMENT
BETWEEN THE CITY OF ST. HELENA AND WE CARE ANIMAL RESCUE IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed the day and year first above written.
CITY:
City of St. Helena, a municipal corporation
Anil Comelo, City Manager
Approved As to Form:
Ethan Walsh, City Attorney
CONTRACTOR:
We Care Animal Rescue, California
nonprofit corporation
By:
Name:
Title:
Agenda Item #10.8.
83578.00010\42203115.1
10 EXHIBIT A
Scope of Services
Contractor shall provide animal sheltering services required by and in accordance with the laws, regulations, ordinances and codes of the State of California, the County of Napa, and the City as further specified by this Agreement. The services to be performed by Contractor pursuant to the terms and conditions of this Agreement shall consist of the services enumerated below:
1. Animal Sheltering. Contractor shall provide the City with animal shelter services consistent with public shelter functions to receive and care for all dogs, cats and other domestic animals seized or impounded by animal control officers or delivered by members of the public, and provide humane disposition of animals, if warranted. More specifically, Contractor shall maintain the animal shelter at 1345 Charter Oak Avenue, St. Helena, California (the "Shelter"), which shall be open for public service and operation during reasonable days and hours of operation similar to other such facilities within the County of Napa ("County"), and which shall comply with the standards described by the laws of the State of California, and the ordinances of the County and the City. Subject to the written consent of the City, and all applicable laws and regulations, Contractor may provide animal shelter services at pre-approved foster homes. Such animal shelter services shall include:
(a) Feed, care for, and the disposition of all animals coming into the possession of Contractor using safe and humane methods in accordance with the State of California laws and the ordinances of the County and the City. Such services shall include humane treatment of all animals, including provision of adequate food, water, and shelter in accordance with nationally-accepted shelter care standards defined by the Association of Shelter Veterinarians Guidelines (ASV Guidelines 2023).
(b) The housing and care of stray domestic animals for the legal hold period according to the laws of the State of California, and the ordinances of the County and the City. (c) The housing and care for domestic animals under rabies quarantine for the legal hold period according to the laws of the State of California and the ordinances of the County and the City.
(d) Providing lost and found opportunities for the public for domestic animals brought to the Shelter.
2. Dog licensing.
(a) Issuing or causing to be issued new and renewed licenses to dog license applicants within the City.
(b) Contractor shall collect all license fees on behalf of the City, issue receipts for all such fees collected and keep copies thereof. Contractor shall be entitled to retain any license fees collected on behalf of the City.
Agenda Item #10.8.
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11 3. Veterinary Services. Contractor (through its contracted, licensed veterinarian) shall provide on-call routine and preventative veterinary care for impounded animals, including animal exams, vaccinations, preventative flea and tick medications, treatment and minor procedures, and spay and neuter services. Limited emergency veterinary services will be available in non-business hours, through third-party contracts, and engaged if and when the City determines necessary.
4. Impound. Impound animals caught at large and collect all impound fees assessed on behalf of the City; accept stray animals brought in by private citizens. Contractor shall be entitled to retain any impound fees collected on behalf of the City.
5. Quarantine. Quarantine as prescribed by law all animals suspected to be rabid.
6. Records. Maintain and keep timely, complete and accurate records of the receipt and disposition of all animals delivered into its custody. Contractor will file a report with the law enforcement provider within twenty-four (24) hours if an impounded animal is missing or suspected to have been stolen. Contractor shall indicate on the police report the circumstances of the animal's disappearance and make available to the City the designated report or file number.
7. Personnel, Supplies and Equipment. Contractor shall provide all personnel, supplies, and equipment necessary for the efficient and effective operation of the Shelter and animal control services and programs provided for herein, including, but not limited to, clerical staff, license tags and forms, and notices.
Agenda Item #10.8.