Agenda packet — Suisun City City Council, June 27, 2023 (part 1 of 2)

CITY COUNCIL
Alma Hernandez, Mayor
Princess Washington, Mayor Pro Tem
Jenalee Dawson, Member
Marlon L Osum, Member
Amit Pal, Member

CITY COUNCIL MEETING

A G E N D A

REGULAR MEETING OF THE SUISUN CITY COUNCIL,

SUISUN CITY COUNCIL ACTING AS SUCCESSOR AGENCY TO THE

REDEVELOPMENT AGENCY OF THE CITY OF SUISUN CITY,

AND HOUSING AUTHORITY
TUESDAY, JUNE 27, 2023
6:30 PM

Suisun City Council Chambers - 701 Civic Center Boulevard - Suisun City, California

CITY COUNCIL MEETINGS ARE HELD IN-PERSON

PUBLIC PARTICIPATION IS ALSO AVAILABLE VIA ZOOM
ZOOM MEETING INFORMATION:

WEBSITE: https://zoom.us/join
MEETING ID: 827 9710 3039
CALL IN PHONE NUMBER: (707) 438-1720

REMOTE PUBLIC COMMENT IS AVAILABLE FOR THE CITY COUNCIL MEETING BY EMAILING [email protected] (PRIOR TO 6 PM), VIA WEBSITE, OR ZOOM CALL IN PHONE NUMBER (707) 438-1720

(If attending the meeting via phone press *9 to raise your hand and *6 to unmute/mute for public comment.)

(Next Ord. No. – 801)
(Next City Council Res. No. 2023 – 84)
Next Suisun City Council Acting as Successor Agency Res. No. SA2023 - 05) (Next Housing Authority Res. No. HA2023 – 01)

ROLL CALL
Council /Board Members
Pledge of Allegiance
Invocation

CONFLICT OF INTEREST NOTIFICATION
(Any items on this agenda that might be a conflict of interest to any Councilmembers / Boardmembers should be identified at this time.)

1 1
City Manager Update - (Folsom: [email protected]).

2 Council/Board Member Updates.

City Council

3 Council Adoption of Resolution No. 2023-___: Approving a Fourth Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Management & Professional Employees’ Association (SCMPEA) Effective July 1, 2021 through June 30, 2023 to Enforce Leave Caps - (Penland: [email protected]).

4 Council Adoption of Resolution No. 2023-___: Approving the Memorandum of Understanding (MOU) with the Suisun City Employees’ Association (SCEA) and Authorizing the City Manager to Execute it on Behalf of the City - (Penland:
[email protected]).

5 C
ouncil Adoption of Resolution No. 2023-__: Authorizing the City Manager to execute a contract agreement with the Sacramento Regional Fire Museum to store and display an 1857 S.R. Spinney Hand Pumper owned by the Suisun City Fire Department - (Lopez:
[email protected]).

6 Council Adoption of Resolution No. 2023 - ___:

Approving and Authorizing the City
Manager to Execute a Lease Agreement with Mama Laine's Café to Operate a Food Service Business at 177 Main Street, Suisun City, California, Commonly Known as the Suisun City Train Depot - (Bermudez: [email protected]).

City Council

7 Public Hearing: Marin Clean Energy, Community Choice Aggregation (CCA) - (Folsom:
[email protected]).
(Recommend Continuance to Date Uncertain).

a
.

Council Waive Reading and Introduction of Ordinance No.___: Approving the Marin Clean Energy Joint Powers Agreement and Authorizing the Implementation of a REPORTS (Informational items only.)

PRESENTATION/APPOINTMENTS
NONE
(Presentations, Awards, Proclamations, Appointments).

PUBLIC COMMENT
(Request by citizens to discuss any matter under our jurisdiction other than an item posted on this agenda per California Government Code §54954.3. Comments are limited to no more than 3 minutes unless allowable by the Mayor/Chair.

Speaker cards are available on the table near the entry of the meeting room and should be given to the City Clerk. By law, no prolonged discussion or action may be taken on any item raised during the public comment period, although informational answers to questions may be given and matters may be referred for placement on a future agenda.)

COUNCIL COMMENTS

CONSENT CALENDAR
Consent calendar items requiring little or no discussion may be acted upon with one motion.

PUBLIC HEARING

2 Community Choice Aggregation Program; and

a
.

Council Adoption of Resolution No. 2023-___: Requesting Membership in Marin Clean Energy, Authorizing the Mayor to Execute the Memorandum of Understanding with Marin Clean Energy, and Authorizing the City Manager, or Designee, to Execute other Documents to Initiate Membership in Marin Clean Energy.

Joint City Council / Suisun City Council Acting as Successor Agency / Housing Authority

8 Adoption of the Fiscal Year 2023-24 Annual Budget - (Deol: [email protected]).

a
.

Council Adopt Resolution No. 2023-__: Adopting the Annual Budget for the Fiscal Year 2023-24; and
b
.

Agency Adopt Resolution No. SA 2023-__: Adopting the Annual Budget for the Fiscal Year 2023-24; and
c
.

Authority Adopt Resolution No. HA 2023-___: Adopting the Annual Budget for the Fiscal Year 2023-24; and
d
.

Council Adopt Resolution No. 2023-__: Adopting the Appropriations Limit for Fiscal Year 2023-24; and
e
.

Council Adopt Resolution No. 2023-__: Adopting an Annual Update of the Master Fee Schedule.

City Council

9 Council Adoption of Resolution No. 2023-__: Amending the City of Suisun City Special Event Permit Application - (Lofthus: [email protected]).

10 Council Adoption of Resolution No. 2023-___: Establishing the Regular Date of the Suisun City Council Meetings - (Folsom: [email protected]).

11 Non-Discussion Items.

GENERAL BUSINESS

REPORTS: (Informational items only)

ADJOURNMENT

Public Access To Agenda Documents
A complete packet of information containing staff reports and exhibits related to each item for the open session of this meeting, and provided to the City Council, are available for public review at least 72 hours prior to a Council /Agency/Authority Meeting at Suisun City Hall 701 Civic Center Blvd., Suisun City. Agenda related writings or documents provided to a majority of the Council/Board/Commissioners less than 72 hours prior to a Council/Agency/Authority meeting related to an agenda item for the open session of this meeting will be made available for public inspection during normal business hours. An agenda packet is also located at the entrance to the Council Chambers during the meeting for public review. The city may charge photocopying charges for requested copies of such documents. To the extent feasible, the agenda packet is available for online public viewing on the City’s website: https://www.suisun.com/Government/City-Council/Agendas

The City Council/Agency/Authority hopes to conclude its public business by 10:00 p.m. No new items will be taken up after 10:00 p.m., unless so moved by a majority of the City Council, and any items remaining will be 3 agendized for the next meeting. The agendas have been prepared with the hope that all items scheduled will be discussed within the time allowed.

Accommodations
If you require an accommodation to participate in this meeting, please contact the City Clerk at (707) 421-7302 or [email protected]. The City’s reasonable accommodation policy is available for review on the City’s website at www.suisun.com/government/city-council/, you may request an electronic copy or have a copy mailed to you.

Please note that for accommodations that are not readily available, you must make your request as soon as you can prior to the time of the meeting.

Decorum
All participants are expected to conduct themselves with mutual respect. Conduct that disrupts meetings will be addressed in accordance with Section 54957.95 of the Government Code.

Ordinances
Ordinances are city laws contained in the Suisun City Municipal Code. Enacting a new city law or changing an existing one is a two-step process. Government Code 36934 provides, except when, after reading the title, further reading is waived by regular motion adopted by majority vote all ordinances shall be read in full either at the time of introduction or passage; provided, however, that a reading of the title or ordinance shall not be required if the title is included on the published agenda and a copy of the full ordinance is made available to the public online and in print at the meeting prior to the introduction or passage.

Certification Of Posting
Agendas for regular and special meetings are posted in accordance with the Brown Act at Suisun City Hall, 701 Civic Center Boulevard, Suisun City, CA. Agendas may be posted at other Suisun City locations including:

Suisun City Fire Station, 621 Pintail Drive, Suisun City, CA; Joe Nelson Center, 611 Village Drive, Suisun City, CA;
Harbor Master Office, 800 Kellogg Street, Suisun City, CA.

I, Donna Pock, Deputy City Clerk for the City of Suisun City, declare under penalty of perjury that the above agenda was posted and available for review, in compliance with the Brown Act. 4 AGENDA ITEM NO. 3

AGENDA TRANSMITTAL

MEETING DATE:

June 27, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Approving a Fourth Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Management & Professional Employees’ Association (SCMPEA) Effective July 1, 2021 through June 30, 2023 to Enforce Leave Caps

FISCAL IMPACT:

The additional cost resulting from this amendment will be funded by American Rescue Plan Act which can be absorbed in the current fiscal year budget. Restoring the leave accrual caps will reduce the City’s future unfunded liability that exists when employees maintain high leave accrual balances, that must be paid out upon separation, and which are typically paid out at a higher rate than when earned.

STRATEGIC PLAN:

Provide Good Governance and Ensure Fiscal Solvency.

BACKGROUND:

On August 17, 2021, the City Council approved a Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Management & Professional Employees’ Association (SCMPEA), effective July 1, 2021 through June 30, 2023 (SCMPEA MOU 2021-23) with the adoption of Resolution No. 2021-81.

On April 5, 2022, the City Council approved a First Amendment to the SCMPEA MOU 2021-23 with the adoption of Resolution No. 2022-53.

On November 1, 2022, the City Council approved a Second Amendment to the SCMPEA MOU 2021- 23 with the adoption of Resolution No. 2022-139.

On May 23, 2023 the City Council approved a Third Amendment to the SCMPEA MOU 2021-23 with the adoption of Resolution No. 2023-62.

STAFF REPORT:

The City and SCMPEA’s authorized labor relations representatives recently met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act, codified as Gov’t Code Sections 3500-3511, and reached agreement regarding further modifications to the SCMPEA MOU 2021-23. The proposed modifications pertain to enforcement of leave caps and are memorialized in the Forth Amendment to the SCMPEA 2021-23 (attached as Exhibit “A” to the proposed resolution). These proposed modifications have been ratified by SCMPEA membership.

Specifically, the Forth Amendment would do the following if approved by the City Council:

The City will buy down excess accrued leave to the original authorized leave caps effective the last full payroll period in June 2023.Fifty (50%) percent of the excess leave balance will be paid out in June 2023.

The remaining fifty (50%) percent will be paid out January 2024.

Miscellaneous and Fire Safety employees will have ninety (90) days, until October 1, 2023, to maintain and/or reduce their vacation and holiday leave accruals below the contractual leave caps 5 at which time employees will no longer be allowed to exceed the leave caps.

Miscellaneous and Fire Safety employees will have six (6) months, until January 8, 2024, to maintain and/or reduce their vacation and holiday leave accruals below the contractual leave caps at which time employees will no longer be allowed to exceed the leave caps.

Police Safety employees will have one (1) year, until July 1, 2024, to maintain and/or reduce their vacation and holiday leave accruals below the contractual leave caps at which time employees will no longer be allowed to exceed the leave caps.

Those who are still over the leave cap on or after October 1, 2023, January 8, 2024 and July 1, 2024 accordingly, shall not accrue any more leave time until they bring their accrual balance below the leave cap shall not be allowed to accrue over the cap from thereon.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023- ___: Approving a Fourth Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Management & Professional Employees’ Association (SCMPEA) Effective July 1, 2021 through June 30, 2023 to Enforce Leave Caps.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Approving a Forth Amendment to the Memorandum of Understanding (MOU) Between the City of Suisun City and the Suisun City Management & Professional Employees’ Association (SCMPEA) Effective July 1, 2021 through June 30, 2023 to Enforce Leave Caps. a. Amendment No. 4 to the SCMPEA MOU 2021-23.

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Resolution Approving Fourth Amendment to MOU Between Suisun City and SCMPEA Effective July 1, 2021 through June 30,
2023 to Enforce Leave Caps.pdf
a.

Amendment No. 4 to the SCMPEA MOU 2021-23.pdf
6 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Resolution No. 2023-__
Adopted June 27, 2023

RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY

APPROVING A FOURTH AMENDMENT TO THE MEMORANDUM OF

UNDERSTANDING (MOU) BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY MANAGEMENT & PROFESSIONAL EMPLOYEES’ ASSOCIATION (SCMPEA) EFFECTIVE JULY 1, 2021 THROUGH JUNE 30, 2023 TO ENFORCE LEAVE CAPS
WHEREAS, on August 17, 20 21, the City Council approved the Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Management & Professional Employees’ Association (SC MPEA), effective July 1, 2021 through June 30, 2023 (SCMPEA MOU 2021-23) with the adoption of Resolution No. 2021-81; and WHEREAS, on April 5, 2022, the City Council approved a First Amendment to the SCMPEA MOU 2021-23 with the adoption of resolution No. 2022-53; and WHEREAS, on November 1, 2022, the City Council approved a Second Amendment to the SCMPEA MOU 2021-23 with the adoption of resolution No. 2022-139; and WHEREAS, on May 23 , 202 3, the City Council approved a Third Amendment to the SCMPEA MOU 2021-23 with the adoption of resolution No. 2023-62; and WHEREAS, the City and SCMPEA’s authorized labor relations representatives met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act (MMBA)(Gov’t Code Sections 3500 -3511) regarding certain proposed modifications in the SCMPEA MOU 2021-23 pertaining to enforcing leave caps; and WHEREAS, the foregoing proposed modifications to the SCMPEA MOU 2021-2023 have been ratified by SCMPEA membership; and
WHEREAS, the City Council now desire s to accept, approve, and adopt the Fourth Amendment to the SCMPEA MOU 2021-23 (attached hereto as Exhibit “A”); and WHEREAS, any additional costs of the Fourth Amendment to the SC MPEA MOU 2021- 23 will not require additional budget appropriations for this fiscal year.

NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Suisun City as follows:

Section 1. The recitals set forth above are true and correct and incorporated herein by this reference.

Section 2. The Fourth Amendment to the SCMPEA MOU 2021-23, attached hereto as Exhibit “A,” is hereby accepted, approved, and adopted.

Section 3. Effective Date. This Resolution is effective June 27, 2023.

7 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Resolution No. 2023-__
Adopted June 27, 2023

PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 27th day of June 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 27th day of June 2023.

Anita Skinner
City Clerk

8 9
10 11
12 AGENDA ITEM NO. 4

AGENDA TRANSMITTAL

MEETING DATE:

June 27, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-___: Approving the Memorandum of Understanding (MOU) with the Suisun City Employees’ Association (SCEA) and Authorizing the City Manager to Execute it on Behalf of the City.

FISCAL IMPACT:

The total cost of implementing the financial provisions of the successor MOU for the SCEA represented employees is approximately $350,000.00 in fiscal year 2023-24, with a direct general fund impact of approximately $50,000.00. This cost has been included in the adopted budget for fiscal year 2023-24.

STRATEGIC PLAN:

Provide Good Governance.

BACKGROUND:

The current Memorandums of Understanding (the “MOUs”) with the City’s three bargaining units expires on June 30, 2023. The City’s negotiation team and representatives of the Suisun City Employees’ Association (SCEA) met repeatedly from March 22, 2023 through June 13, 2023 to come to a tentative agreement on a successor MOU. The SCEA membership ratified the tentative agreement on June 14, 2023. The primary financial terns agreed to are outlined in this staff report, and the successor MOU is presented to City Council for formal adoption and approval.

STAFF REPORT:

The Tentative Agreement provides/eliminates the following financial provisions in the SCEA MOU 2023-25:

Wages
: Provides the following base wage salary adjustments effective 7/7/2023:

Job Class
Wage Adjustment
(Rounded 3 decimal Points)
Code Enforcement Officer II*

8.346%
Community Services Officer I

10.720%
Community Services Officer II*

11.407%
Computer Technician*

0.000%
Fleet Mechanic*
-2.013%
Housing Specialist I

1.282%
Housing Specialist II*

6.440%
Human Resources Technician (C)

4.445%
Maintenance Worker I

18.138%
Maintenance Worker II*

18.921%
Office Assistant

6.545%
Permit Technician II

0.744%
Police Evidence and Property
Technician I

10.720%
13 Police Evidence and Property
Technician II*

11.407%
Public Works Inspector*

0.188%
Recreation Coordinator

2.251%
Senior Maintenance Worker

25.000%
Youth Services Specialist

10.656%

Provides a 2.5% COLA in June of 2025 condition precedent to if the City’s revenues exceed budgeted revenues for fiscal year 2023/24 by at least 3%.

Classification:

Establishes the Permit Technician I/II as a flexibly staffed classification series.

Longevity
: Provides Longevity up to 4% in the first year – as follows: 2% for 10 years of service and 2% for 15 years of service. In year two, an additional 2% provided for five years of continuous service for a total of 6%.

Bilingual Pay
: Increases bilingual pay by $3.85 to a biweekly amount of $50.00 per pay period.

Notary Pay
: Provides Notary Pay of $50.00 per month.

Municipal Holidays
: Adds the Employee’s Birthday to the list of holidays as a paid day off to be scheduled at the employee’s request within 30 days of the birthday.

Biohazard/Homeless Encampment Cleanup Pay
: Provides 1.5% Biohazard/Homeless Encampment
Cleanup Pay for actual time spent performing homeless encampment cleanup.

Standby Pay
: Increases Standby Pay for Public Works Maintenance employees to four hours on weekends and six hours on holidays. Provides Standby Pay for Information Technology Division employees of four hours on weekends and six hours on holidays.

Uniform Safety Glasses
: Provides reimbursement of up to $300.00 annually for prescription safety glasses.

Boot Allowance
: Provides $250.00 annual boot allowance to the Code Enforcement Officer I/II job classification.

CTO and Eligible Paid Leave Cash Out
: Increase annual cash out to 60 hours.

Other:

Other provisions of the successor MOU have been updated to clarify ambiguous language, bring language current consistent with City practice, or to eliminate provisions which are no longer relevant.

STAFF RECOMMENDATION:

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023-___: Approving the Memorandum of Understanding (MOU) with the 14 Suisun City Employees’ Association (SCEA) and Authorizing the City Manager to Execute it on Behalf of the City; and

a. SCEA MOU 2023-25

2. SCEA MOU 2023-25 Tentative Agreement

3. SCEA MOU 2023-25 – Redline

PREPARED BY:

Christina Penland, Human Resources Administrator
REVIEWED BY:

Greg Folsom, City Manager
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Resolution Approving SCEA MOU 2023-25.pdf
a. SCEA MOU 2023-25.pdf

2. SCEA MOU 2023-25 Tentative Agreement.pdf

3. SCEA MOU 2023-25 - Redline.pdf
15 1
2 3
4 5
6 7
8 9
10 11
12 13
14 15
16 17
18 19
20 21
22 23
24 25
26 27
28 Resolution No. 2023-__
Adopted June 27, 2023

RESOLUTION NO. 2023-__

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY

APPROVING THE MEMORANDUM OF UNDERSTANDING (MOU) WITH THE SUISUN CITY EMPLOYEES’ ASSOCIATION (SCEA) AND AUTHORIZING THE CITY MANAGER TO EXECUTE IT ON BEHALF OF THE CITY.

WHEREAS, on August 17, 2021, the City Council approved the Memorandum of Understanding between the City of Suisun City (City) and the Suisun City Employees’ Association (SCEA), effective July 1, 2021 through June 30, 2023 (SCEA MOU 2021-23) with the adoption of Resolution No. 2021-82; and WHEREAS, on April 5, 2022, the City Council approved a First Amendment to the SCEA MOU 2021-23 with the adoption of resolution No. 2022-52; and WHEREAS, on May 23, 2023, the City Council approved a Second Amendment to the SCEA MOU 2021-23 with the adoption of resolution No. 2023-61; and WHEREAS, on June 20, 2023, the City Council approved a Third Amendment to the SCEA MOU 2021-23 with the adoption of resolution No. 2023-69; and WHEREAS, the SCEA MOU 2021-23 expires on June 30, 2023; and WHEREAS, the City and SCEA’s authorized labor representatives met and conferred in good faith pursuant to the requirements of the Meyers-Milias-Brown Act (MMBA), government Code Sections 3500- 3511, regarding a new Memorandum of Understanding for the period from July 1, 2023 through June 30, 2025 (SCEA MOU 2023-25), which the Tentative Agreement was ratified by the SCEA membership and then signed by the City and SCEA’s authorized labor representatives as a joint recommendation to City Council, subject to City Council approval and adoption of the SCEA MOU 2023-25; NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Suisun City hereby adopts Resolution No. 2023-____: Approving the Memorandum of Understanding (MOU) with the Suisun City Employees’ Association (SCEA) and Authorizing the City Manager to Execute it on Behalf of the City.

PASSED AND ADOPTED at a Regular Meeting of said City Council of the City of Suisun City duly held on Tuesday, the 27th day of June 2023, by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 27th day of June 2023.

Anita Skinner
City Clerk

Exhibit A: SCEA MOU 2023-25
16 Tentative Agreement Approved by City Council June 27, 2023 MOU Approved by City Council June 27, 2023

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SUISUN CITY
AND
THE SUISUN CITY EMPLOYEES’ ASSOCIATION
SEIU LOCAL 1021 AFL-CIO CLC

July 1, 2023
through
June 30, 2025

17 1

Table of Contents
INTRODUCTION ..................................................................................................................................................... 4 ARTICLE 1 RECOGNITION ................................................................................................................................ 4 ARTICLE 2 CITY RIGHTS ................................................................................................................................... 6 ARTICLE 3 EMPLOYEE RIGHTS ......................................................................................................................... 7 ARTICLE 4 PERSONNEL RULES AND REGULATIONS .......................................................................................... 7 ARTICLE 5 NO DISCRIMINATION ..................................................................................................................... 7 ARTICLE 6 ASSOCIATION ACCESS .................................................................................................................... 8 ARTICLE 7 COMPENSATION .......................................................................................................................... 11

1. SALARIES. ......................................................................................................................................................... 11

2. INCENTIVE PAY. ................................................................................................................................................. 13

3. BILINGUAL PAY. ................................................................................................................................................. 14

4. NOTARY PAY. .................................................................................................................................................... 14

5. ACTING PAY. ..................................................................................................................................................... 14

6. CONFIDENTIAL PAY. ............................................................................................................................................ 15

7. MISCELLANEOUS EMPLOYEE LONGEVITY PAY. .......................................................................................................... 15

8. BIOHAZARD/HOMELESS ENCAMPMENT CLEANUP PAY. .............................................................................................. 15 ARTICLE 8 HOURS OF WORK ......................................................................................................................... 15 ARTICLE 9 OVERTIME AND COMPENSATORY TIME OFF ................................................................................ 16

1. 5/40 WORK SCHEDULE. ...................................................................................................................................... 17

2. ALTERNATIVE WORK SCHEDULES. .......................................................................................................................... 17

3. EMPLOYEE-REQUESTED FLEXTIME. ........................................................................................................................ 17

4. PAID LEAVE CONSIDERED HOURS WORKED. ............................................................................................................ 17

5. OVERTIME CREDITED AS CTO. .............................................................................................................................. 17

6. ABOVE CTO LIMIT.............................................................................................................................................. 17

7. CTO CASH-OUT. ............................................................................................................................................... 18

8. RESTORING LEAVE CAPS. ..................................................................................................................................... 18 ARTICLE 10 ELIGIBLE PAID LEAVE CASH-OUT ................................................................................................... 18 ARTICLE 11 STANDBY AND CALL-OUT PROCEDURES ....................................................................................... 19

1. PUBLIC WORKS MAINTENANCE DIVISION. ............................................................................................................... 19

2. INFORMATION TECHNOLOGY DIVISION. .................................................................................................................. 20 ARTICLE 12 VACATION LEAVE ......................................................................................................................... 21

1. VACATION ACCRUAL. .......................................................................................................................................... 21

2. MAXIMUM ACCUMULATION. ................................................................................................................................ 22 3 VACATION LEAVE CASH-OUT. ............................................................................................................................... 22

4. HOLIDAY DURING VACATION. ............................................................................................................................... 22

5. ILLNESS DURING VACATION. ................................................................................................................................. 22

6. SEPARATION FROM SERVICE. ................................................................................................................................ 22

7. UPON DEATH. ................................................................................................................................................... 22 18 2

1. UNIFORM ALLOWANCES. ..................................................................................................................................... 23

2. OTHER UNIFORMS. ............................................................................................................................................. 23

3. WORK BOOTS. ................................................................................................................................................... 23

4. CONSEQUENCES FOR FAILURE TO WEAR REQUIRED UNIFORM. .................................................................................... 24

5. PRESCRIPTION SAFETY GLASSES. ............................................................................................................................ 24 ARTICLE 14 RETIREMENT BENEFITS ................................................................................................................. 24

1. CLASSIC MISCELLANEOUS EMPLOYEE BENEFITS. ....................................................................................................... 24 2 PEPRA NEW EMPLOYEES. ................................................................................................................................... 25 ARTICLE 15 MEDICAL & DENTAL INSURANCE .................................................................................................. 25

1. CORE FLEX PLAN. ............................................................................................................................................... 25

2. FLEXIBLE BENEFIT OPTIONS. ................................................................................................................................. 25

3. RESTRICTIONS. ................................................................................................................................................... 25 ARTICLE 16 LIFE INSURANCE AND DEFERRED COMPENSATION ....................................................................... 25

1. LIFE INSURANCE. ................................................................................................................................................ 25

2. 457 DEFERRED COMPENSATION PLAN. .................................................................................................................. 26 ARTICLE 17 SUPPLEMENTAL INSURANCE ........................................................................................................ 26 ARTICLE 18 MILEAGE REIMBURSEMENT ......................................................................................................... 26 ARTICLE 19 WORKERS’ COMPENSATION COVERAGE ...................................................................................... 26 ARTICLE 20 STATE DISABILITY INSURANCE COVERAGE ................................................................................... 26

1. STATE DISABILITY INSURANCE. .............................................................................................................................. 26

2. PAYMENT OF SDI PREMIUMS. .............................................................................................................................. 26 ARTICLE 21 PAYROLL STATUS.......................................................................................................................... 26

1. PAYROLL STATUS. ............................................................................................................................................... 26

2. CONTINUATION OF CITY-PAID INSURANCE PREMIUMS. .............................................................................................. 27

3. NON-PAYROLL STATUS. ....................................................................................................................................... 27 ARTICLE 22 WORKERS’ COMP/SDI MEDICAL LEAVE ........................................................................................ 28

1. EMPLOYEE OPTIONS REGARDING SDI MEDICAL LEAVE. ............................................................................................. 28

2. MEDICAL LEAVE WHILE ON WORKERS’ COMP/SDI. .................................................................................................. 28

3. HOW A SUPPLEMENT IS TREATED. ......................................................................................................................... 28

4. PAID LEAVE ACCRUAL. ......................................................................................................................................... 29

5. LEAVE OF ABSENCE WHILE ON SDI. ....................................................................................................................... 29 ARTICLE 23 SICK LEAVE ................................................................................................................................... 29 ARTICLE 24 LEAVE OF ABSENCE DUE TO INJURY INCURRED WHILE ON DUTY ................................................. 29 ARTICLE 25 MUNICIPAL HOLIDAYS .................................................................................................................. 29

1. RECOGNIZED HOLIDAYS. ...................................................................................................................................... 29

2. OBSERVANCE. .................................................................................................................................................... 30 3 HOLIDAY TIME OFF. ............................................................................................................................................ 30 4 HOLIDAY TIME OFF USAGE................................................................................................................................... 30 19 3

5 HOLIDAY LEAVE BALANCE. ................................................................................................................................... 31

6. RESTORING LEAVE CAPS. ..................................................................................................................................... 31 ARTICLE 26 REIMBURSEMENT FOR EDUCATION OR TRAINING ....................................................................... 31

1. APPROVAL. ....................................................................................................................................................... 31

2. REIMBURSEMENT. .............................................................................................................................................. 31 ARTICLE 27 PROBATIONARY PERIOD .............................................................................................................. 32 ARTICLE 28 PERFORMANCE EVALUATIONS ..................................................................................................... 32

1. ANNUAL PERFORMANCE EVALUATION. ................................................................................................................... 32

2. PURPOSE. ......................................................................................................................................................... 32 3 PROCEDURE. ..................................................................................................................................................... 32 4 MERIT INCREASES. .............................................................................................................................................. 32 ARTICLE 29 GRIEVANCE PROCEDURE .............................................................................................................. 32 ARTICLE 30 DISCIPLINARY ACTION .................................................................................................................. 33 ARTICLE 31 CONTRACTING OUT ...................................................................................................................... 33 ARTICLE 32 EMPLOYEE ASSISTANCE PROGRAM .............................................................................................. 33 ARTICLE 33 LAYOFF AND REEMPLOYMENT ..................................................................................................... 34 ARTICLE 34 GENERAL PROVISIONS .................................................................................................................. 34

1. SEVERABILITY. .................................................................................................................................................... 34

2. FULL UNDERSTANDING. ....................................................................................................................................... 34 3 NO REQUIREMENT TO MEET AND CONFER. ............................................................................................................. 34 4 REOPENERS. ...................................................................................................................................................... 34 5 SAVINGS CLAUSE. ............................................................................................................................................... 35

6. NO STRIKE/LOCKOUT. ......................................................................................................................................... 35

7. SUCCESSOR AGREEMENT. .................................................................................................................................... 35

8. DISTRIBUTION OF AGREEMENT. ............................................................................................................................. 35

9. EFFECTIVE DATE. ................................................................................................................................................ 35

20 4

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SUISUN CITY AND

THE SUISUN CITY EMPLOYEES ASSOCIATION
SEIU LOCAL 1021 AFL-CIO CLC

INTRODUCTION

This Memorandum of Understanding is made and entered into between the CITY OF SUISUN CITY, (hereinafter "City"), and SUISUN CITY EMPLOYEES’ ASSOCIATION, Service Employees International Union Local 1021, (hereinafter "SCEA"), a formally recognized employee organization pursuant to the provisions of the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.).

The Parties agree that this Memorandum of Understanding (hereinafter “Agreement”) shall be submitted to the City Council of the City of Suisun City with the joint recommendation of the designated representatives of the Parties that the City Council approve the Agreement and take any additional action as may be necessary to implement its provisions.

The City agrees to give reasonable written notice to SCEA of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation and shall give SCEA the opportunity to meet and confer with respect thereto.

The Parties have met and conferred in good faith through their designated representatives concerning those matters set forth in Government Code Section 3504 and have reached agreement thereon as set forth below. The City agrees that there shall be no other negotiations for represented workers beyond this Agreement.

The Parties agree as follows:

ARTICLE 1 RECOGNITION

1. Job Classes Represented.

The City recognizes SCEA as the exclusive representative for the general employees bargaining unit consisting of the following Permanent, Non-Sworn, non-Professional/Technical, non- Management job classes which should properly be assigned to this bargaining unit by the City, such exclusive representation being subject to and qualified by Employee rights under applicable local, state, and federal law to be represented by the Recognized Employee Organization of their choice:

Represented Job Classes
Account Clerk I
Account Clerk II
Account Clerk III
Accounting Technician
Administrative Assistant I
21 5

Administrative Assistant II
Building Maintenance Worker I
Building Maintenance Worker II
Building Inspector I
Building Inspector II
Community Services Officer I
Community Services Officer II
Computer Technician
Fleet Mechanic
Housing Specialist I
Housing Specialist II
Human Resources Technician (C)
Maintenance Worker I
Maintenance Worker II
Office Assistant
Permit Technician I
Permit Technician II
Police Evidence and Property Technician I
Police Evidence and Property Technician II
Public Works Inspector
Recreation Program Administrative Coordinator
Recreation Coordinator
Senior Maintenance Worker
Youth Services Specialist

2. Human Resources Technician.

The Classification of Human Resources Technician is Confidential, and as such is excluded from participating in collective bargaining or from revealing confidential information regarding collective bargaining; however, is otherwise represented by SCEA.

3. Future Additional Job Class Determination.

In addition, future additional job classes determined under applicable City Resolutions to be of a Regular, Permanent, Non-Sworn, non-Professional/Technical, and/or non-Management nature shall be represented by SCEA.

4. Temporary/Limited-Service Positions.

It is agreed that Temporary Employees, Part-Time Employees, Emergency Employees, Volunteer Employees, and contractors are not governed by this Agreement and are not represented by SCEA. Employees who work less than full time are not represented by SCEA. If an Employee who had occupied a Temporary, Provisional, or grant-funded Position is subsequently hired into the same job class as a Regular Employee, he/she shall be placed in the step level nearest to but not lower than his/her last Pay Rate as a Temporary, Provisional, or grant-funded Employee. 22 6

5. Classification Study.

The City will conduct a classification study of the two represented employees in the Administrative Assistant II classification, as of June 30, 2023. The City agrees to meet and confer with the Association on implementation of the results of the studies.

ARTICLE 2 CITY RIGHTS

1. Except as limited by the specific and express terms of this Agreement, the City hereby retains and reserves unto itself all rights, powers, authority, duty and responsibilities confirmed on and vested in it by the laws and the Constitution of the State of California, the Suisun City Code, and/or the laws and Constitution of the United States of America.

2. Regardless of any provision contained in this Agreement or which may be inferred from this Agreement, the City shall retain and shall have the right to exercise the following exclusive rights which include, but are not limited to, the following:

A. The right to hire and fire.

B. The right to determine the mission of its constituent departments, divisions, commissions, and boards.

C. The right to set standards of service and municipal fees and charges.

D. The right to determine the procedures and standards of selection for employment, assignment, transfer, and promotion of applicants and Employees, provided in the case of Employees that the exercise of such right shall not infringe on any rights that Employees have under this Agreement.

E. The right to direct its Employees.

F. The right to discharge or suspend Employees for just cause and take other disciplinary actions against its Employees as set forth herein.

G. The right to relieve its Employees from duty because of lack of work or other legitimate reasons.

H. The right to maintain the efficiency of governmental operations.

I. The right to determine the methods, means, and staffing to conduct governmental operations.

J. The right to determine and re-determine job content and job classifications. 23 7

K. The right to contract out any work which is now being performed by Employees of the City or which shall be performed in the future by Employees of the City, provided this only occurs in those situations where the tasks cannot be accomplished by current SCEA members as efficiently, economically, and expediently as can be achieved by such contracting out, provided that the City shall make every reasonable effort to place Employees displaced by such contracting out in other City service requiring similar skills as the work performed by the Employee when displaced by the contracting out and which requires minimal training to afford the Employee opportunity to adequately perform the new position.

L. The right to take all necessary actions to carry out the mission of the City, its constituent departments, divisions, or commissions and boards in cases of emergencies.

M. The right to exercise complete control and discretion over its organization and the technology of performing its work.

ARTICLE 3 EMPLOYEE RIGHTS

Subject to the provisions of Resolution No. 74-33, Employees of the City shall have the right to form, join, and participate in the activities of a Recognized Employee Organization of their own choosing for the purpose of representation on matters of employer-employee relations, including but not limited to, wages, hours, and other terms and conditions of employment. Employees of the City also shall have the right to refuse to join or participate in the activities of Recognized Employee Organizations.

ARTICLE 4 PERSONNEL RULES AND REGULATIONS

Administrative Directive – AD 7, the City’s Personnel Rules and Regulations (hereinafter “Personnel Rules”), was approved by City Council Resolution No. 2011-52 on June 7, 2011. It is incorporated into this Agreement by reference. Except as may be provided in this Agreement, the applicable sections of the Personnel Rules, as may be amended from time to time, shall apply to the Employees represented by SCEA. Prior to amending Resolution No. 2011-52 regarding wages, hours, or other terms and conditions of employment, the Parties shall first meet and confer on the modifications as provided in the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.). Unless otherwise provided in this Agreement, the definitions of terms used in this Agreement shall be the definitions provided in Chapter 2 of the Personnel Rules.

ARTICLE 5 NO DISCRIMINATION

It is agreed that neither SCEA, nor the City shall discriminate against any Employee because of race, national origin, gender, SCEA membership, protected concerted SCEA activity, or refusal to join SCEA.

24 8

ARTICLE 6 ASSOCIATION ACCESS

1. SCEA Business.

All SCEA business will be conducted by Employees and SCEA representatives outside of established working hours. Nothing herein shall be construed to prevent a SCEA representative or an Employee from contacting the City Manager or other management representatives regarding personnel- related matters during working hours.

2. Work Locations.

The authorized SCEA Business Agent, if any, shall be given access to work locations during working hours, provided that prior to visiting any work location the SCEA representative notifies the City.

3. Shop Stewards.

In addition to the president, two stewards shall be appointed by the SCEA as alternate representatives to assist in resolving workplace issues and other representational duties including but not limited to Grievances.

A. Pursuant to Government Code section 3505.3, the City shall allow the employee Stewards a reasonable time off without loss of compensation or other benefits when they are participating in any one of the following activities:

1) Formally meeting and conferring with representatives of the City on matters within the scope of representation;

2) Testifying or appearing as the designated representative of Union in conferences, hearings, or other proceedings before the Public Employment Relations Board, or an agent thereof, in matters relating to a charge filed by the Union against the City or by the City against the Union; and

3) Testifying or appearing as the designated representative of the Union in matters before a personnel or merit commission.

B. Pursuant to Government Code section 3558.8, the City shall grant to employee Stewards, upon written request of SCEA, reasonable leaves of absence without loss of compensation or other benefits for the purpose of enabling employees to serve as stewards or representatives or officers of the exclusive representative, or of any statewide or national employee organization with which SCEA is affiliated.

1) SCEA shall reimburse the City for all compensation paid to the employee on leave.

Reimbursement by SCEA shall be made on or before thirty (30) days after receipt of the City’s certification of payment of compensation to the employee.

2) At the conclusion or termination of leave granted under this section, the employee shall have a right of reinstatement to the same position and work location held prior 25 9

to the leave, or, if not feasible, a substantially similar position without loss of seniority, rank, or classification.

3) SCEA has no obligation to use leave under this section for an employee and may terminate that leave at any time, for any reason. The City reserves the right to recall any employee on leave pursuant to these sections due to an emergency.

C. Compensation for release time under this provision shall not exceed the employee Stewards’ standard schedule of hours per day and shall not include compensation for overtime.

Compensation shall include retirement fund contributions required of the City as an employer. The employee shall earn full-service credit during the leave of absence and shall pay his or her member contributions. The leave of absence without loss of compensation or other benefits provided for by this section is in addition to the release time without loss of compensation or other benefits granted to representatives of SCEA under applicable laws or this MOU.

D. Pursuant to Government Code sections 3505.3 and 3558.5, for leave requests for three consecutive days or less, SCEA shall submit a written request to the employee Steward’s Department Head at least seven (7) days in advance of the requested leave of absence. For leave requests of greater than three consecutive days, SCEA shall submit their written request at least thirty (30) calendar days in advance of the requested leave of absence. The written request shall include the purpose, dates, and duration of the requested leave.

E. A request for leave of absence may be granted on a full-time, part-time, periodic, or intermittent basis and will be approved if it does not substantially interfere with the performance of City services and operations. If leave is denied, the Department Head shall provide SCEA with written notification of the reasons why the requested leave is denied. If granting the requested leave would create an operational hardship for the City, the parties agree to meet and confer regarding the requested leave in order to identify mutually acceptable alternative dates or amount of leave.

F. SCEA or the employee shall be required to execute any payroll forms, certifications of time, or other documents as required by the City to ensure that the time reporting is accurate and that the employee is performing the duties of a steward or officer or representative of SCEA during all reported working hours.

G. The City shall not be liable for an act or omission of, or an injury suffered by, an employee of the City if that act, omission, or injury occurs during the course and scope of the employee's leave under this section to work for SCEA. If the City is held liable for such an act, omission, or injury, SCEA shall indemnify and hold harmless the City.

4. Release Time.

among the three SCEA officials at SCEA’s discretion. The SCEA will be responsible for overseeing the time used and calculating the time remaining. The SCEA must notify the Department Head and Human Resources with each approved time off request. The SCEA president shall submit written requests for release time to the Employee’s immediate supervisor. The supervisor’s decision to approve will be based on the operational needs of the City. The Employee and SCEA president will certify the Employee’s attendance. Unused training hours may accrue to a maximum of thirty-two (32) hours.

5. Labor/Management Committee.

The City and the SCEA agree to set up a Labor/Management Committee to encourage open communication, to promote harmonious relations, and to resolve matters of mutual concern. The committee will meet quarterly or as mutually agreed to by the Parties. The Committee will be composed of one representative from the City, one representative from the SCEA, and the SCEA Business Agent, if any. The meetings are informal and are not intended to be for discussion of issues handled under other provisions herein such as grievances, disciplinary actions, or negotiations.

6. Employee Orientation & Contact Information.

All Employees will receive a New Employee Orientation within their first five (5) regular Workdays of employment with the City. The New Employee Orientation will be presented by Human Resources Division staff members at a time and place determined by the City. The purpose of the orientation is to review and complete required payroll, insurance, benefits, and similar required documentation; to train the Employee regarding City and/or Departmental policies, procedures, and specific requirements of the position; and to provide other necessary information. At no time during the orientation shall a City or SCEA representative provide derogatory information or advocacy about the other.

A. The City will provide SCEA Chapter President and SEIU Field Representative notice of a pending New Employee Orientation within one (1) business day of the execution of an employment offer letter.

B. One (1) SCEA representative, officer, steward, or member will be provided an opportunity for a 15-minute private session with the new Employee during the New Employee Orientation. SCEA may provide written information to be included with the orientation materials, in lieu of such a private session. Two (2) business days prior to the New Employee Orientation, SCEA will provide Human Resources the name and the contact information of its participating representative. The City and SCEA will mutually agree to a suitable time during the New Employee Orientation for SCEA’s private meeting with the new Employee.

Such private meeting will occur at the same location as the New Employee Orientation.

C. Within 30 days of hire, and annually thereafter, the City will provide SCEA with Employee contact information, including name, job title, department, work location, work, home and personal cellular telephone numbers, personal email addresses on file with the City, and home address, in electronic format as required by State law for all represented Employees.

27 11

D. The City also agrees to provide SCEA with a list of the foregoing information for all bargaining unit employees at least once every one hundred and twenty (120) days unless otherwise agreed to in writing.

E. Notwithstanding the foregoing, the City will not make any disclosures prohibited under Government Code sections 6254.3(a)(3) and 6254.3(c) pertaining to police employees and employee privacy requests (except, with respect to personal email addresses, as may be necessary to comply with the California Public Records Act).

7. Dues Deduction.

SCEA, as the recognized majority and/or exclusive employee organization requests that the City deduct membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by SCEA, from the wages and salaries of SCEA members.

SCEA hereby certifies that SCEA has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. Accordingly, SCEA membership dues shall be deducted over 26 pay periods in accordance with the City procedures and provisions of applicable law from the salary of each employee whose name is provided by SCEA. Such deduction shall be made only when the SCEA member’s earnings for the subject pay period are sufficient after other legally required deductions are made.

A. Remittance of the aggregate amount of all such monies shall be made by the City to SCEA at the conclusion of each payroll period in which said dues were deducted. Any changes in SCEA dues must be given to the City a minimum of thirty (30) days prior to the change to accommodate changes to payroll.

B. SCEA shall have a duty to defend and shall indemnify and hold harmless the City against any liability arising from a claim, demand, or other action relating to any SCEA requested deduction, or any provision or obligation set forth in this Article. The City reserves the right to select its own counsel for its defense hereunder at the SCEA’s expense.

ARTICLE 7 COMPENSATION

1. Salaries.

A. Effective the first pay period following City Council adoption of the successor memorandum of understanding (MOU) or the first pay period following 7/1/2023, whichever is later, the base wage rates set forth in the City-wide Salary Schedule shall be adjusted as follows:

28 12

Job Class
Monthly
Salary Prior
to the Base
Wage
Adjustments
Effective
5/26/2023
Base Wage
Increase
Effective
5/26/2023
Approx. %
of Base
Wage
Increase
Eff.
5/26/2023
Approx.

Monthly
Salary Eff.
5/26/2023
Approx.

Proposed
Wage
Adjustment
(Rounded 3
decimal points)
Approx. New
Monthly Top
Step
Approx.

Total %
Change
Account Clerk I $3,907 $2/hour 8.9% $4,253 17.622% $5,003 28.0% Account Clerk II* $4,298 $2/hour 8.1% $4,645 18.484% $5,503 28.0% Account Clerk III $4,727 $2/hour 7.3% $5,073 19.313% $6,053 28.1% Accounting Technician $5,275 $2/hour 6.6% $5,622 17.466% $6,604 25.2% Administrative Assistant I $5,074 $2/hour 6.8% $5,421 -1.541% $5,337 5.2% Administrative Assistant II* $5,432 $2/hour 6.4% $5,779 1.596% $5,871 8.1% Building Inspector I $6,095 $2/hour 5.7% $6,442 -3.102% $6,242 2.4% Building Inspector II* $6,703 $2/hour 5.2% $7,049 -2.596% $6,866 2.4% Building Maintenance
Worker I $4,498 $2/hour 7.7% $4,844 5.281% $5,100 13.4% Building Maintenance
Worker II* $4,947 $2/hour 7.0% $5,294 5.979% $5,610 13.4% Code Enforcement Officer I $5,432 $2/hour 6.4% $5,779 3.096% $5,958 9.7% Code Enforcement Officer
II* $5,702 $2/hour 6.1% $6,048 8.346% $6,553 14.9%
Community Services Officer
I $4,451 $2/hour 7.8% $4,797 10.720% $5,311 19.3%
Community Services Officer
II* $4,898 $2/hour 7.1% $5,244 11.407% $5,843 19.3%
Computer Technician* $7,046 $2/hour 4.9% $7,392 0.000% $7,392 4.9% Fleet Mechanic* $5,193 $2/hour 6.7% $5,540 -2.013% $5,428 4.5% Housing Specialist I $5,432 $2/hour 6.4% $5,779 1.282% $5,853 7.7% Housing Specialist II* $5,702 $2/hour 6.1% $6,048 6.440% $6,438 12.9% Human Resources
Technician I $5,976 $2/hour 5.8% $6,323 4.445% $6,604 10.5% Maintenance Worker I $4,498 $2/hour 7.7% $4,844 18.138% $5,723 27.2% Maintenance Worker II* $4,947 $2/hour 7.0% $5,294 18.921% $6,295 27.3% Office Assistant $4,245 $2/hour 8.2% $4,592 6.545% $4,892 15.3% Permit Technician I n/a n/a n/a n/a n/a $5,791 n/a
Permit Technician II $5,976 $2/hour 5.8% $6,323 0.744% $6,370 6.6% Police Evidence and
Property Technician I $4,451 $2/hour 7.8% $4,797 10.720% $5,311 19.3% Police Evidence and
Property Technician II* $4,898 $2/hour 7.1% $5,244 11.407% $5,843 19.3% Public Works Inspector* $6,781 $2/hour 5.1% $7,128 0.188% $7,141 5.3% Recreation Coordinator $5,295 $2/hour 6.6% $5,642 2.251% $5,769 9.0% Senior Maintenance
Worker $5,193 $2/hour 6.7% $5,540 25.000% $6,925 33.4%
Youth Services Specialist $6,253 $2/hour 5.5% $6,600 10.656% $7,303 16.8%

B. The base wage increases provided effective 5/26/2023 to the employee’s position within the range decreased the differential between steps to less than five (5%) percent as was identified by the alpha numerical salary ranges established for the following classifications:
29 13

Account Clerk I, Administrative Assistant II, Building Maintenance Worker I, Code Enforcement Officer II, Community Services Officer I, Computer Technician, Maintenance Worker I, Maintenance Worker II, Police Evidence and Property Technician II. The alpha salary range will be eliminated once the proposed base wage adjustments for the successor MOU are implemented. The affected employees in the alpha numeric ranges will be transitioned to the base numerical range assigned to their classification and will maintain their current step placement within the range, with the exception of the current incumbent in the Computer Technician classification, who shall advance one pay step to avoid a negative salary adjustment as a result of implementing this provision. This shall not affect the incumbent Computer Technician’s anniversary date or future eligibility for merit increases.

2. Incentive Pay.

Upon recommendation of the Department Head and the approval of the City Manager or designee, the City will provide training incentives for special education and certification not already required as part of the Employee’s job classification and obtained outside the Employee’s working hours. Employees receiving Incentive Pay must maintain certification consistent with the rules of the issuing authority. Failure to do so will result in a suspension of this benefit for a period not to exceed six months. During this suspension period, the Employee must cure the reason for loss of certification, or the suspension shall become permanent.

A. Similarly, to qualify to receive Certified Arborist Incentive Pay, Heavy Equipment Operator Incentive Pay, Class A Driver Incentive Pay, Notary Pay, or Bilingual Incentive Pay, an Employee must be utilizing the applicable certification. Accordingly, if an Employee refuses to perform work requiring that certification, or if the Employee is unable to work, or if the Employee is temporarily disabled, or if the Employee is on modified duty that restricts the Employee from performing such work, the Incentive Pay shall be suspended until the Employee resumes performing the duties for which the Incentive Pay is provided. During the suspension period, the City may temporarily provide Incentive Pay to the qualified City Employee who picks up the duties of the Employee whose Incentive Pay has been suspended. The maximum number of Employees eligible for such incentives is shown below; said maximum may be exceeded only upon approval of the City Manager.

B. Authorized Incentive Pay for special education and certifications shall be as follows:

Department Job Class Number Amount
Public Works Certified Arborist 1 5%
Certified Heavy Equipment Operator/ 5 5%
Class A Driver
30 14

Department Job Class Number Amount
All Employees Covered by Agreement for an AA Degree or Higher 3%

3. Bilingual Pay.

An Employee fluent in Spanish, Tagalog or another language, the use of which the City Manager has determined to be of benefit to the City (based on the recommendation of the applicable department director), shall be paid Bilingual Incentive Pay of $50.00 per pay period upon written approval by the City Manager.

In the case of Bilingual Incentive Pay, fluency shall be certified by a test administered through the Human Resources office. In order to become certified, an Employee must achieve a score of at least nine (9) on a scale of twelve (12). A certified Employee shall request Bilingual Incentive Pay on a form approved by the City Manager. Employees may be required to recertify bilingual proficiency at least once every two years. Employees requesting bilingual pay may not take the bilingual proficiency exam more than twice in a year, after a 90-day waiting period.

4. Notary Pay.

Any employee that possesses an official Notary Commission and is required to perform these duties in addition to their normal job duties shall be afforded a monthly $50.00 allowance, approved by the employee’s Department Head. The City will provide the cost of training, certification, recertification, bond, insurance and recording with the County Recorder of the Notary Commission for any employees required to obtain and maintain an official Notary Commission.

5. Acting Pay.

Employees covered by this Agreement shall receive Acting Pay under the following conditions:

A. Employees must qualify to receive Acting Pay when assigned in writing to act in a higher job class to perform substantially the full range of duties and responsibilities of the higher job class for a minimum period of two weeks.

B. Employees who are assigned to act in a higher job class will receive Acting Pay in an amount of at least 5.0 percent and no more than 10.0 percent of their current salary when they are assigned to act in the higher job class for a minimum of two consecutive weeks, retroactive to the first day of the assignment, while performing substantially the full range of duties and responsibilities of the higher job class.

C. In order to receive Acting Pay, there must exist a budgeted position, the assignment must be made in writing, and employees must meet the minimum qualifications of the higher job class, and employees may not refuse to perform any duty or responsibility of the higher job class. Exceptions to meeting the minimum qualifications of the higher job class may be made on a case-by-case basis, depending on the operational need, with concurrence between the department head and Human Resource, subject to City Manager approval. 31 15

D. Acting Pay shall not be applied to a request to cash-out any form of paid leave, or payment for paid leave hours on the books at time of separation.

6. Confidential Pay.

Currently, the incumbent in the Accounting Tech (assigned to payroll), hired prior to July 30, 2019, receives a 3% pay differential to be added to the employee’s base pay. The Confidential Pay Program will end once the current incumbent vacates the position.

7. Miscellaneous Employee Longevity Pay.

A. Effective the first pay period following City Council adoption of the successor Memorandum of Understanding (MOU) or the first pay period following 7/1/2023, whichever is later, upon the completion of ten (10) years of continuous full-time City service, represented employees shall be entitled to a two (2%) percent increase in compensation; employees who complete fifteen (15) years of continuous full time service shall be entitled to an additional two (2%) percent increase in compensation (for a total of four (4%) percent).

B. Effective the first pay period in July 2024, upon the completion of five (5) years of continuous full-time City service, represented employees shall be entitled to a two (2%) percent increase in compensation; employees who complete ten (10) years of continuous full-time City service, represented employees shall be entitled to two (2%) percent increase in compensation; employees who complete fifteen (15) years of continuous full-time service shall be entitled to an additional two (2%) percent increase in compensation (for a total of six (6%) percent).

8. Biohazard/Homeless Encampment Cleanup Pay.

Employees who are assigned to perform homeless encampment cleanup shall receive additional pay due to potential biohazard exposure, including but not limited to urine, feces, blood and hypodermic needles. Employees will receive one and a half (1.5%) percent of base salary for actual time spent performing homeless encampment cleanup.

ARTICLE 8 HOURS OF WORK

1. Attendance.

Employees shall be in attendance at their workstation in accordance with departmental schedules unless on approved leave.

2. Work Schedules.

At the discretion of the City, Regular, Full-Time Employees shall be assigned to one of the following work schedules:

32 16

A. A 40.0-hour workweek consisting of five consecutive 8.0-hour days in a seven-day period (hereinafter “5/40”), beginning at noon on Friday through noon on the following Friday. All other work schedules shall be considered Alternative Work Schedules.

B. An Alternative Work Schedule, such as four consecutive 10.0-hour days in a seven-day period beginning at noon on Friday through noon on the following Friday (hereinafter “4/10”), or nine workdays totaling 80 hours during a fourteen-day period beginning at noon on Friday through noon on the following Friday (hereinafter “9/80”), or any other configuration approved by the Department Head and City Manager. Assignment to an Alternative Work Schedule is subject to Department Head recommendation and City Manager approval and shall not be considered permanent. At such time as the Department Head and City Manager determine that the schedule does not meet departmental needs, the Employee shall be reassigned to another work schedule.

C. Employees shall not be scheduled to work more than seven consecutive days without two scheduled days off, except in emergency situations.

D. Employees assigned to an Alternative Work Schedule may have the start of the workweek changed in accordance with the requirements set forth in the Fair Labor Standards Act.

E. Employees may temporarily flex their schedules with the prior approval of their Department Head, so long as the new schedule meets the City’s needs and the Employee works a full schedule or makes up the shortfall with paid leave.

F. All paid leave (Sick Leave, Vacation Leave, Holiday Leave, and CTO) shall be charged to the Employee’s paid leave balance(s) for all hours not worked up to the scheduled hours for that day(s). For example, if an Administrative Assistant is off sick on a 9.0-hour day, that Employee’s Sick Leave balance would be reduced by 9.0 hours for that absence. Similarly, if a Holiday falls on a nine (9)-hour Workday, the Employee would receive eight (8) hours of Holiday Time Off and the balance of one (1) hour may be made up through use of Vacation Leave, Holiday Leave, or CTO. Sick Leave may not be used to make up for Holiday Time Off shortfalls.

3. Conflict with FLSA.

The City and SCEA acknowledge that where this Article may conflict with the Fair Labor Standards Act, the Act shall take precedence.

4. Breaks.

All Employees shall be entitled to receive a 15.0-minute break for every 4.0 hours of work or major fraction thereof.

ARTICLE 9 OVERTIME AND COMPENSATORY TIME OFF

The following procedures shall apply to Overtime and Compensatory Time Off (hereinafter “CTO”):
33 17

1. 5/40 Work Schedule.

For all Employees assigned to a 5/40 work schedule, all work performed in excess of forty (40) hours in a workweek or eight (8) hours in a day, that was approved in advance by the Department Head (except emergency Overtime associated with a Call Out), shall be paid at one and one-half times the Employee's regular pay.

2. Alternative Work Schedules.

Employees on a 4/10 or a 9/80 Alternative Work Schedule shall not be eligible for Overtime until they have worked a full scheduled Workday.

3. Employee-Requested Flextime.

In the event of pre-approved, Employee-requested flextime, Employees shall not be eligible for Overtime until they have worked a full scheduled workweek.

4. Paid Leave Considered Hours Worked.

For purposes of Overtime computation, all paid time including Sick Leave, Vacation Leave, Holiday, and CTO shall be considered hours worked.

5. Overtime Credited as CTO.

Except as provided in Section 6 of this Article, Overtime worked may be credited as CTO or be paid as Overtime at the discretion of the Employee. CTO will be credited at a rate of one and one-half times the Overtime hours worked. The maximum accumulation of CTO is as follows:

A. Under five years of City service: 80.0 hours;

B. Five to under ten years of City service: 90.0 hours;

C. Ten to under 15 years of City service: 100.0 hours;

D. 15 years and over of City service: 120.0 hours;

E. Any Overtime worked in excess of these limits shall be compensated on a paid basis.

6. Above CTO Limit.

If an Employee is at or above the CTO limit, he/she will prospectively only get paid Overtime (as opposed to CTO) for Overtime worked. Once the CTO balance has been reduced by forty (40) hours below the limit, an Employee will again be allowed to accrue CTO as opposed to receiving Overtime pay. Upon separation of service, an Employee is entitled to receive the cash value of all accrued CTO.

34 18

7. CTO Cash-Out.

Employees are allowed to cash-out a maximum of sixty (60) hours of CTO each January. The Finance Department will send out a request form, in November of the preceding year, that includes written verification of each Employee’s current CTO balance. Employees may make an irrevocable request for the upcoming calendar year January cash-out of accrued CTO by filling out and signing the form provided by Finance. The form must be submitted to Finance by the date provided on the form which must be in the calendar year preceding the January cash-out.

With the exception of the November election, Employees may not elect cash-out of accrued CTO except upon leaving City Service. No CTO cash-out election will be allowed for any Employee for a period of four months following the last day of a suspension from duty for disciplinary reasons.

8. Restoring Leave Caps.

The parties agree that the previous contractually agreed upon leave caps shall be restored effective October 1, 2023. In order to effectuate this intent, the parties agree that the City will buy down any excess accrued leave to the original contractual accrued leave cap effective the last full payroll period in June 2023. The parties agree that employees will then have ninety (90) days, until October 1, 2023, to maintain and/or reduce their leave accruals below the contractual leave caps at which time employees will longer be allowed to exceed the leave caps. Those who are still over the cap on or after October 1, 2023, shall not accrue any more leave time until they bring their accrual balance below the leave cap and shall not be allowed to accrue over the cap from thereon. The parties understand that after buying down the excess accrued leave to the leave cap that it is likely in the first few payroll periods following that event that employees will exceed the caps again, so the parties have negotiated the ninety (90) day period to give employees time to sufficiently reduce their leave accruals to avoid future loss of accruals when the hard cap is imposed.

ARTICLE 10 ELIGIBLE PAID LEAVE CASH-OUT

As an alternative to CTO Cash-Out, employees are allowed to elect to cash-out a maximum of sixty (60) hours of Eligible Paid Leave in November of the calendar year preceding such cash- out. The Finance Department will send out a request form, in November of the preceding year, that includes written verification of each Employee’s current Eligible Paid Leave balances.

Employees may make an irrevocable request for the upcoming calendar year to cash-out accrued Eligible Paid Leave by filling out and signing the form provided by Finance. The form must be submitted to Finance by the date provided on the form which must be in the calendar year preceding the cash-out. With the exception of the November cash-out election, Employees may not cash out Eligible Paid Leave except upon leaving City Service. No Eligible Paid Leave cash-out will be allowed for any Employee for a period of four months following the last day of a suspension from duty for disciplinary reasons. With respect to this Section, Eligible Paid Leave includes CTO, Holiday Leave, and/or Vacation Leave (in that order of usage). Employees may not cash-out both CTO and Eligible Paid Leave in the same year.

35 19

ARTICLE 11 STANDBY AND CALL-OUT PROCEDURES

The following procedures shall apply exclusively to Standby and Call-Out assignments in the Public Works Maintenance Division, where all covered Employees are required to make themselves available for a proportionate share of weekly Standby duty:

1. Public Works Maintenance Division.

Those Employees scheduled for weekday Standby Duty (from the end of the Workday on one day to the beginning of the next Workday during the workweek, which is from Monday evening through Friday [or every other Thursday for 9/80 Alternative Work Schedules] morning) will receive two (2) hours of Standby Pay per day at the employee’s regular rate of pay.

A. Those Employees scheduled for weekend Standby (from the end of the Workday on the last day of the regular workweek to the start of the Workday at the beginning of the next workweek) will receive four (4) hours of Standby Pay per day at the employee’s regular rate of pay.

B. Those Employees scheduled for Holiday Standby (from 12.00am to 11.59pm on recognized City Holiday) will receive six (6) hours of Standby Pay per day at one and one half (1-1/2) times the employee’s regular rate of pay.

C. In the event of a Call Out, the Employee shall be paid for a minimum of two (2) hours of time at the appropriate pay rate or receive equivalent CTO, at the Employee’s option. In the event that the work for which the Employee has been called out takes fewer than two (2) hours, the Employee may opt to work a lesser amount of time and receive compensation or time off for the actual time worked, with a minimum of one-half hour and rounded to the nearest one-half hour. If, by department policy, permission from a supervisor is necessary prior to leaving work, such permission shall be obtained.

D. Those Employees scheduled for Standby Duty agree to be “available” for Call Out for the day or days scheduled. It shall be the responsibility of the Employee to be available by either pager or phone, as specified by departmental policy, and to respond to the phone call and arrive at the worksite in accordance with departmental policy.

E. All Employees scheduled for Public Works Standby Duty shall be properly trained on the Call- Out procedures and in the operation of all equipment required for Standby Duties.

F. Standby Duty schedules shall be assigned in accordance with departmental policy.

Employees will be given the opportunity to volunteer for Standby Duty. Such indications will be considered by the department when making assignments for Standby Duty but shall not be binding.

G. Any Employee, who has been scheduled for Standby Duty and either fails to be “available” or fails to report for work once notified, shall be subject to disciplinary action. 36 20

H. Employees may request that their supervisor consider trading or rescheduling their Standby Duty assignment with another Employee. The supervisor shall retain the option of releasing the Employee from the scheduled Standby Duty assignment.

I. An Employee shall not be required to work more than one week of Standby Duty assignment at a time without the mutual agreement of the Employee and the supervisor.

J. In the event a Call Out occurs which requires the Employee to work any amount of time between 12:00am and 11:59pm of a holiday, the Employee shall be paid for a minimum of two (2) hours of time at one point five (1.5) times their hourly rate of or receive equivalent CTO, at the Employee’s option.

Example: Call Out begins at 11:30pm and ends at 1:30am, Employee receives two (2) hours of pay at one point five (1.5) times their hourly rate.

K. Employees who live within fifteen (15) miles of their workplace shall have the option to take a Call Out vehicle home for the Call Out period. The Call Out vehicle shall be used solely for the purpose of responding to a call of official City business.

2. Information Technology Division.

The following procedures shall apply exclusively to Standby and Call-Out assignments for the Computer Technician assigned to the Information Technology Division, where all covered Employees may be required to make themselves available for a proportionate share of weekend Standby duty:

B. Those Employees scheduled for Holiday Standby (from 12.00 am to 11.59 pm on recognized City Holiday) will receive six (6) hours of Standby Pay per day at one and one half (1-1/2) times the employee’s regular rate of pay.

37 21

D. Those Employees scheduled for Standby Duty agree to be “available” for Call Out for the day or days scheduled. It shall be the responsibility of the Employee to be available by phone, as specified by departmental policy, and to respond to the phone call and arrive at the worksite in accordance with departmental policy.

E. Standby Duty schedules shall be assigned in accordance with departmental policy.

Employees will be given the opportunity to volunteer for Standby Duty. Such indications will be considered by the department when making assignments for Standby Duty but shall not be binding.

F. Any Employee who has been scheduled for Standby Duty and either fails to be “available” or fails to report for work once notified, shall be subject to disciplinary action.

G. Employees may request that their supervisor consider trading or rescheduling their Standby Duty assignment. The supervisor shall retain the option of releasing the Employee from the scheduled Standby Duty assignment.

H. In the event a Call Out occurs which requires the Employee to work any amount of time between 12:00am and 11:59pm of a holiday, the Employee shall be paid for a minimum of two (2) hours of time at one point five (1.5) times their hourly rate of or receive equivalent CTO, at the Employee’s option.

Example: Call Out begins at 11:30pm and ends at 1:30am, Employee receives two (2) hours of pay at one point five (1.5) times their hourly rate.

ARTICLE 12 VACATION LEAVE

Use of Vacation Leave requires prior written approval by the Department Head or designee.

Employees are encouraged to take vacations lasting at least one week. Vacation Leave may not be granted in excess of the Vacation Leave balance that has been accrued at the time that the Vacation Leave is granted.

1. Vacation Accrual.

Accumulation of Vacation Leave shall commence effective with the date of hire, according to the following schedule, prorated on a pay period basis (annual total divided by twenty-six (26) bi-weekly pay periods to two decimal places of accuracy):

A. For the First Five Years of Service. Employees shall earn and be credited with Vacation Leave at the rate of eighty (80) hours for those working 40.0 hours per week or a 9/80 schedule per pay period per year.

B. Commencing with the Sixth Year. Employees shall earn and be credited with Vacation Leave at the rate of one hundred and twenty (120) hours for those working forty (40) hours per week or a 9/80 schedule per pay period per year.
38 22

C. Commencing with the Eleventh Year. Employees shall earn and be credited with Vacation Leave at the rate of one hundred and sixty (160) hours for those working forty (40) hours per week or a 9/80 schedule per pay period per year.

D. Commencing with the Sixteenth Year. Employees shall earn and be credited with Vacation Leave at the rate one hundred and eighty-four (184) hours for those working forty (40) hours per week or a 9/80 schedule per pay period per year.

2. Maximum Accumulation.

Employees with fifteen (15) or fewer years of service with the City may accumulate up to a maximum of two hundred and forty (240) hours of Vacation Leave. Employees with over fifteen (15) years of service with the City may accumulate up to a maximum of three hundred and twenty (320) hours of Vacation Leave. Under exceptional circumstances, such as heavy workloads or staffing shortages, the City Manager may authorize the accumulation of additional Vacation Leave. If an Employee is at the limit, he/she must request to take Vacation Leave off. If a written request to do so is disapproved, the limit may be increased by the City Manager. Failure to request time off will result in stopping the accrual of Vacation Leave until the balance is reduced by 40 hours.

3 Vacation Leave Cash-Out.

Employees may not cash out Vacation Leave except as authorized annually under Eligible paid Leave Cash-Out or upon leaving City Service.

4. Holiday During Vacation.

An Employee will not be charged 8.0 hours of Vacation Leave for a Holiday that occurs during his/her Vacation Leave.

5. Illness During Vacation.

If an Employee becomes ill while on Vacation Leave, Sick Leave may be authorized instead of Vacation Leave upon approval of the Department Head. The Department Head may require written physician’s verification of the Employee’s illness.

6. Separation From Service.

Upon separation from service, an Employee is entitled to receive the cash value of all accrued Vacation Leave.

7. Upon Death.

When separation is caused by death, payment equivalent to accrued Vacation Leave shall be made to the Employee's estate.

8. Restoring Leave Caps.

The parties agree that the previous contractually agreed upon leave caps shall be restored effective October 1, 2023. In order to effectuate this intent, the parties agree that the City will 39 23

buy down any excess accrued leave to the original contractual accrued leave cap effective the last full payroll period in June 2023. The parties agree that employees will then have ninety (90) days, until October 1, 2023, to maintain and/or reduce their leave accruals below the contractual leave caps at which time employees will longer be allowed to exceed the leave caps. Those who are still over the cap on or after October 1, 2023, shall not accrue any more leave time until they bring their accrual balance below the leave cap and shall not be allowed to accrue over the cap from thereon. The parties understand that after buying down the excess accrued leave to the leave cap that it is likely in the first few payroll periods following that event that employees will exceed the caps again, so the parties have negotiated the ninety (90) day period to give employees time to sufficiently reduce their leave accruals to avoid future loss of accruals when the hard cap is imposed.

ARTICLE 13 UNIFORMS AND UNIFORM ALLOWANCES

1. Uniform Allowances.

Annually the City shall pay those Employees required to wear uniforms in the performance of their duties as follows:

Job Class Total
Community Services Officer I/II $900.00
Police Evidence and Property Technician I/II $900.00

Uniform allowance will be paid on the regular paychecks of pro-rata basis, equally divided across each of the 26 pay checks.

2. Other Uniforms.

During the term of this Agreement, the City shall continue to supply Maintenance Workers and Building Maintenance Workers with the required uniform components as determined by the Public Works Director in a written departmental policy. The Administrative Assistant I/II assigned to the Fire Department will receive required uniform components as determined by the Fire Chief in a written departmental policy. The Administrative Assistant I/II assigned to the Police Department will receive required uniform components as determined by the Police Chief in a written departmental policy.

3. Work Boots.

The City shall provide an annual boot allowance of two hundred and fifty dollars ($250.00) to be used toward the purchase and maintenance of safety boots to employees in the following classifications who are required to wear safety boots as a condition of employment:

Building Maintenance Worker I/II
Code Enforcement Officer I/II
Maintenance Worker I/II
Senior Maintenance Worker

A. The boot allowance will be issued in the first pay period in July of each year.

40 24

B. The Employee shall be responsible for making the purchase from any vendor of the work boots that meet the following requirements: steel toes, oil resistant soles, and a minimum of six (6) inches of ankle support.

C. If the work boots should become damaged or worn out before the next July, the City may approve the payment of up to two hundred and fifty dollars ($250.00) for a replacement pair of work boots. This provision shall only apply in cases where the wear and tear or damage occurred through the normal course of employment with the City.

4. Consequences for Failure to Wear Required Uniform.

It is each Maintenance Worker’s responsibility to wear his/her City-supplied uniform, including work boots, while at work. The boots may be worn to and from work but should otherwise only be used at work performing assigned duties. Any Maintenance Worker who fails to show up for work with any portion of the City-supplied uniform, including work boots, shall be on leave without pay until such time as that Maintenance Worker returns to work properly dressed.

Continued failure to show up for work in full uniform shall result in progressive discipline up to and including termination. If a Maintenance Worker is injured due to his/her failure to wear work boots, the Maintenance Worker shall be subject to progressive discipline and such discipline shall not be considered “discrimination or retaliation” pursuant to California Labor Code Section 132a.

5. Prescription Safety Glasses.

Employees required to wear safety glasses will be eligible for up to three hundred dollars ($300.00) reimbursement each fiscal year, if required to wear prescription safety glasses.

Employees must submit a receipt with their request for reimbursement.

ARTICLE 14 RETIREMENT BENEFITS

1. Classic Miscellaneous Employee Benefits.

Except as provided in Section 2 of this Article, retirement benefits for represented Employees shall be as provided below:

A. CalPERS Benefits. The City agrees to provide the two (2%) percent at fifty-five (55) CalPERS Retirement Plan, including the 1959 Survivor's Benefit Level 3, for Miscellaneous Employees.

The City shall pay the Employer’s contribution. The employee shall pay the Employee’s contribution as established by CalPERS.

B. One-Year Final Compensation. The City provides one-year final compensation pursuant to Government Code Section 20042.

C. Sick Leave Conversion. The City provides Credit for Unused Sick Leave pursuant to Government Code Section 20965.

D. All miscellaneous employees covered by this Tentative Agreement and the successor MOU will receive an increase to their base hourly rate of 7.5 percent in exchange for Classic 41 25

miscellaneous employees paying the full employee contribution along with PEPRA employees as soon as practicable after CalPERS approval of the EPMC change.

2 PEPRA New Employees.

The City agrees to provide 2.0% at 62 PERS Retirement Plan for Public Employees’ Pension Reform Act of 2013 (PEPRA) New Miscellaneous Employees. The City shall pay the Employer’s contribution as established by CalPERS. The Employee shall pay the Employee’s contribution as established by CalPERS. Pursuant to PEPRA, no EPMC is available. Should any provision in this Agreement be determined to be in conflict with PEPRA, the provisions of PEPRA shall take precedence.

ARTICLE 15 MEDICAL & DENTAL INSURANCE

1. Core Flex Plan.

The City will contribute a Core Flex Plan amount equivalent to the Kaiser Permanente Region 1 Premium for Employee, Employee plus one, and Employee plus Family, toward the monthly premium cost.

Should the health plan premium cost, selected by the employee, be less than the Kaiser Permanente Region 1 premium, the City shall pay no more that the full cost of the Kaiser Permanente rate, with the difference between the cost of the selected health plan premium and the maximum provided by the city eligible to be applied toward the cost of vision and dental premiums.

2. Flexible Benefit Options.

The City agrees to provide a five hundred dollar ($500.00) per month (employee only) and seven hundred dollar ($700.00) per month (employee plus one or more dependents) as a Flexible Benefit Credit that may be used in lieu of the Core Flex Plan enrollment per Section 1 of this Article. The Flexible Benefit Credit may be divided among Dental and Vision Premiums, Flexible Spending Accounts, and Taxable Cash Option. An Employee choosing the Flexible Benefit Options must establish eligibility by providing verification of enrollment in a group health plan and must reestablish eligibility annually for continued enrollment in the Flexible Benefit Options during each Open Enrollment Period established by the City.

3. Restrictions.

An Employee may either enroll in the Core Flex Plan or be entitled to the Flexible Benefit Options as described in Section 2 of this Article, but may not participate in both, with the exception of the Voluntary Pre-Tax Payroll Deduction Flexible Spending Account or enrollment in a Dental and/or Vision Plan.

ARTICLE 16 LIFE INSURANCE AND DEFERRED COMPENSATION

1. Life Insurance.

The City agrees to provide a $200,000 term and accidental death and dismemberment insurance policy for each represented Employee. The face value of the policy will begin reducing at age sixty- five (65), per the policy’s schedule of benefits.
42 26

2. 457 Deferred Compensation Plan.

The City agrees to provide a 457 Deferred Compensation Plan as an optional benefit to City Employees. The City will match the Employee’s contribution up to one hundred dollars ($100.00) per pay period, or up to twenty-six hundred dollars ($2,600.00) per fiscal year. The City’s match will be contributed to participating Employees on a pay-period basis, however, once annually participating Employees may contribute and the City will match an amount larger than one hundred dollars ($100.00), not to exceed the twenty-six hundred dollar ($2,600.00) fiscal year maximum.

ARTICLE 17 SUPPLEMENTAL INSURANCE

The City has contracted with Colonial for voluntary supplemental insurance benefits which will be administered by City payroll deductions. It shall be agreed that the City may choose different supplemental insurance providers from time to time as needed to provide such voluntary benefits in the best interests of the City.

ARTICLE 18 MILEAGE REIMBURSEMENT

Employees are encouraged to use City vehicles when conducting City business. When the use of private vehicles is required and approved by the Employee’s Department Head, the City shall provide mileage reimbursement at the mileage rate set each November by the Internal Revenue Service (Publication 917). The new rate shall be effective the following January.

ARTICLE 19 WORKERS’ COMPENSATION COVERAGE

The City shall provide Workers’ Compensation Insurance coverage (hereinafter “Workers’ Comp”) for all Employees through its self-insured program.

ARTICLE 20 STATE DISABILITY INSURANCE COVERAGE

1. State Disability Insurance.

The City shall participate under the State Disability Insurance Program (hereinafter “SDI”) for employees represented by SCEA.

2. Payment of SDI Premiums.

SDI premiums shall be paid in full by all participating Employees.

ARTICLE 21 PAYROLL STATUS

1. Payroll Status.

Any Regular Employee shall be considered to be in a Payroll Status if the Employee is employed by the City under the one of the following conditions:

A. Working Full-Time.
43 27

B. Working Part-Time, at least a thirty (30) hour or greater workweek.

C. Working on a restricted or limited duty basis.

D. Off work due to an injury or illness covered under Workers’ Compensation.

E. Off work due to an injury or illness covered under State Disability Insurance.

F. Off work while on an approved leave of absence covered under the Family and Medical Leave Act (FMLA).

G. Off work while on an approved leave of absence covered under the California Family Rights Act (CFRA).

H. Off work while on an approved leave of absence covered under Pregnancy Disability Leave (PDL).

2. Continuation of City-Paid Insurance Premiums.

The City shall continue to contribute the City’s share of the health and life insurance premiums on behalf of an Employee who is receiving Workers’ Comp/SDI benefits, as long as he/she is in a Payroll Status with the City or within the period provided in Chapter 10 of the Personnel Rules.

An Employee is in a Payroll Status with the City, as long as he/she is using accrued Sick Leave, Vacation Leave, CTO, and/or Holiday Leave in conjunction with Workers’ Comp/SDI benefits to create the equivalent of at least a thirty (30) hour or greater workweek, exclusive of Overtime.

3. Non-Payroll Status.

A. Any Employee off work on SDI who has exhausted his/her benefits under FMLA, CFRA, or PDL, and who has insufficient accrued paid leave balances to create the equivalent of at least a thirty (30) hour or greater workweek, exclusive of Overtime shall be considered to be in a Non-Payroll Status. Employees who are in a Non-Payroll Status will no longer accrue paid leave (Vacation, Sick and Holiday), and the City will no longer contribute the City’s share of health insurance premiums on the Employee’s behalf. The City will continue to contribute life insurance premiums for employees in a non-payroll status.

B. An Employee off work on Workers’ Compensation, and who has insufficient accrued paid leave balances to create the equivalent of at least a thirty (30) hour or greater workweek, exclusive of Overtime shall be considered in a Non-Payroll Status. The Employee will no longer accrue paid leave (Vacation, Sick, and Holiday); however, the City will continue to contribute the City’s share of health insurance premiums on the Employee’s behalf for a period of no more than 12 months from the date of injury. The City will continue to contribute life insurance premiums for employees in a non-payroll status.

44 28

C. Employees contributing to the 457 Deferred Compensation plan, and who are off work on Workers’ Compensation/SDI, will have all contributions to the deferred compensation plan stopped during the time on leave unless they are integrating sufficient accrued paid leave to cover the full amount of the requested deferred compensation plan contribution. Workers’ Compensation/SDI benefits are non-taxable benefits, therefore shall not be used toward 457 plan contributions.

ARTICLE 22 WORKERS’ COMP/SDI MEDICAL LEAVE

1. Employee Options Regarding SDI Medical Leave.

There are three options available to an Employee who is otherwise eligible for SDI insurance benefits, which are as follows:

A. Option 1: Not applying for disability insurance benefits and using accrued Sick Leave, Vacation Leave, CTO, and/or Holiday Leave.

B. Option 2: Applying for disability insurance benefits and integrating accrued paid leaves with the SDI benefits. Such accrued paid leaves shall include Sick Leave, Vacation Leave, CTO, and/or Holiday Leave, in this order, unless the Employee provides written notice to the City to limit the integration to only accrued Sick Leave with SDI benefits. If Option 2 is elected, the Employee shall stipulate on their Request for Leave (RFL) whether the Employee is integrating Sick Leave, and other leave accruals, with SDI benefits.

C. Option 3: Employees who apply for disability insurance, may provide the City with the supplemental benefits received by SDI, to be credited to a disability leave accrual account, which the City will then reissue to the Employee through payroll, enabling the Employee to remain on payroll status, so long as they are integrating accrued leave to create at least a thirty (30) hour or greater workweek, exclusive of Overtime.

D. The amount of supplement for any hour of any normal Workday shall not exceed the difference between one hundred (100%) percent of the Employee’s normal gross salary rate and the “weekly benefit amount”.

2. Medical Leave While on Workers’ Comp/SDI.

Employees who are off work on medical leave covered under Workers’ Comp or SDI may supplement their insurance coverage benefits to ensure that they receive up to one hundred (100%) percent of their normal pay, exclusive of Overtime.

3. How a Supplement is Treated.

The Employee shall receive up to one hundred (100%) percent of their gross salary rate including any regular hours worked and leave accruals to cover time off (Sick Leave, Vacation, CTO and/or Holiday Leave) until such time as the City is notified of the benefit paid to the Employee. The pay period following notification (normally the next pay period), the Employee will receive up to one 45 29

hundred (100%) percent of Employee’s gross salary rate when combining the supplemental amount provided by Workers’ Comp/SDI with integrated leave.

4. Paid Leave Accrual.

An Employee shall earn Sick Leave, Vacation Leave, and Holiday Leave benefits during any full bi- weekly pay period in which the Employee receives Workers’ Comp/SDI benefits and is on Payroll Status. Furthermore, an Employee shall receive service credit including for seniority and merit step increases during such a period, as long as the Employee is in a Payroll Status with the City.

Retirement service credit is determined by CalPERS.

5. Leave of Absence While on SDI.

An Employee who is receiving SDI benefits while absent from work, but who is in a Non-Payroll Status with the City is entitled to a leave of absence under Section 10.2 of the Personnel Rules subject to the requirements of that Section.

ARTICLE 23 SICK LEAVE

Rules regarding Sick Leave are set forth in Section 10.1 of the Personnel Rules. Employees off work on a protected leave status shall be required to use available accrued paid leave prior to going leave without pay.

ARTICLE 24 LEAVE OF ABSENCE DUE TO INJURY INCURRED WHILE ON DUTY

1. The City shall comply with applicable federal and state laws governing work-related injuries, leaves, and compensation.

2. Employees shall bring health and/or safety problems in the workplace to the attention of their supervisor as soon as possible.

3. The City shall coordinate accrued Sick Leave with Workers’ Comp benefits.

4. Employees who have exhausted their Sick Leave balances may use accrued Vacation Leave, CTO, and/or Holiday Leave consistent with the provisions of Personnel Rules Subsection 10.3.1.

Upon expiration of all paid leave time, an Employee shall be entitled to receive compensation only from the City's Workers’ Compensation third-party administrator.

ARTICLE 25 MUNICIPAL HOLIDAYS

1. Recognized Holidays.

The following are recognized as Holidays:

The first day of January, New Year's Day.

The third Monday in January, Martin Luther King's Birthday.

The third Monday in February, President’s Day.
46 30

The last Monday in May, Memorial Day.

The Nineteenth day of June, Juneteenth.

The fourth day of July, Independence Day.

The first Monday in September, Labor Day.

The second Monday in October, Columbus Day.

The eleventh day of November, Veteran's Day.

The fourth Thursday in November, Thanksgiving Day.

The fourth Friday in November, the day after Thanksgiving Day.

The twenty-fifth day of December, Christmas Day.

One floating Holiday shall be posted on the first pay period in July and one floating Holiday on the first pay period in January to the Holiday Leave balance.

The employee’s birthday.

Any date proclaimed by the Mayor of Suisun City as a Holiday.

Holidays proclaimed by the President of the United States or the Governor of the State of California shall be subject to the meet and confer process.

2. Observance.

A. Except as provided in Section 6 of this Article when a Holiday falls on Sunday, it shall be observed on the following Monday. When a Holiday falls on Saturday, it shall be observed on the preceding Friday.

B. If the employee’s birthday occurs on a regular day off, the employee must schedule a day off with supervisor approval within thirty days before or after the employee’s birthday.

3 Holiday Time Off.

Except as provided in Section 6 of this Article, an Employee will accrue 8.0 hours of Holiday Time Off when assigned to a workweek of 40.0 hours for each observed holiday. An Employee may use Vacation Leave, CTO, or work additional time (on an hour-for-hour basis) during the work period to make up the difference between their scheduled time and their accrued Holiday Time Off.

4 Holiday Time Off Usage.

Holiday Time Off may be used as follows:

A. When a Holiday falls on a day when an Employee is scheduled to and is directed to work that day for a period of time equal to at least the number of hours of Holiday Time Off afforded to that Employee, the Employee shall be paid for the hours worked on an hour- for-hour basis and the Employee shall have an amount equal to the number of Holiday Time Off hours credited to his/her Holiday Leave balance.

B. When a Holiday falls on a day when an Employee is not scheduled to work and the Employee does not work that day, the Employee shall have an amount equal to the number of Holiday Time Off hours credited to his/her Holiday Leave balance. 47 31

C. When a Holiday falls on a day when an Employee is scheduled to work and the Employee does not work, the Employee shall be compensated as if he/she had worked that day consistent with Section 3 of this Article.

5 Holiday Leave Balance.

Except as provided in Section 6 of this Article, Holiday Leave shall be accumulated separately from Vacation Leave. Holiday Leave may be used for paid leave purposes (essentially in the same manner as Vacation Leave). In order to encourage Employees to take advantage of their Holiday Leave, a maximum of one hundred (100) hours is allowed to accrue in that balance. Employees may not cash out Holiday Leave except as authorized annually under Eligible Paid Leave Cash Out or upon leaving City service. If an Employee is at the limit, he/she must request to take Holiday Leave off. If a written request to do so is disapproved, the limit shall be increased by the City Manager. Failure to request time off would result in discontinuing the accrual of Holiday Leave until the balance is reduced by twenty (20) hours.

6. Restoring Leave Caps.

ARTICLE 26 REIMBURSEMENT FOR EDUCATION OR TRAINING

1. Approval.

On the recommendation of a Department Head and the approval of the City Manager, any Employee may embark on an approved course of education to enhance their job skills. A course of study may include courses needed to gain a degree in a job-related field or to improve opportunities for advancement or Promotion with the City of Suisun City. If the Employee's Department Head will not recommend reimbursement for a course of study, the Employee may appeal to the City Manager or designee.

2. Reimbursement.

Employees are eligible for educational reimbursement for approved classes, including tuition and books, which shall not exceed one thousand dollars ($1,000.00) per Employee per year. Upon 48 32

successful completion of the coursework, the Employee shall submit to the Department Head and HR copies of dated receipts showing education costs (tuition, books, materials, mileage), as well as transcripts, grades or certificates showing successful course completion. If an Employee leaves City service within two years of receiving education reimbursement, the Employee must reimburse the City an amount equal to half of the total of education reimbursement paid by the City.

ARTICLE 27 PROBATIONARY PERIOD

Rules regarding Probationary Period are set forth in Section 7.5 of the Personnel Rules. These rules are amended to include the following provision:

At the discretion of their supervisor, Department Head, and City Manager, Probationary Employees may receive a performance evaluation and release from probationary status after six months, if the Employee’s performance exceeds “Meets Standard”.

ARTICLE 28 PERFORMANCE EVALUATIONS

1. Annual Performance Evaluation.

Every Regular Employee in the Classified Service shall receive a performance evaluation by his/her immediate supervisor at least annually. The annual review will normally occur within 30 days of the Employee’s Anniversary Date, unless an alternate schedule is approved by the City Manager.

2. Purpose.

The purpose of the Annual Performance Evaluation is to promote the successful performance of all City Employees through a process that provides feedback on past performance and directs future performance by identifying performance goals and objectives.

3 Procedure.

The Human Resources Unit shall approve the format for performance evaluations, which may vary by department, Position, or Employee’s responsibilities. The Employee’s Department Head or designee will provide a written evaluation of the Employee’s performance in a variety of skill or performance areas.

4 Merit Increases.

In order to advance to a higher step in the salary range, the evaluation must demonstrate that the advancement is merited on the basis of job performance. Performance ratings shall guide supervisors and Department Heads in determining whether merit advancements have been earned and should be recommended to the City Manager. Department Heads shall have the authority and responsibility to withhold or delay merit advancements if such advancement is not merited.

ARTICLE 29 GRIEVANCE PROCEDURE

Rules regarding the Grievance Procedure are set forth in Chapter 11 of the Personnel Rules.

49 33

ARTICLE 30 DISCIPLINARY ACTION

1. Rules regarding the Disciplinary Action are set forth in Chapter 12 of the Personnel Rules.

Section 12.8.2 of these Rules is hereby replaced with the following:

2. The Hearing Officer may be an arbitrator, a neutral third party, or a mediator. The Hearing Officer shall conduct an advisory review of the facts and issue a written opinion in the matter that is provided to all parties. The selection of an arbitrator, neutral third party, or mediator shall be by mutual agreement of the parties. All direct costs involved with having an arbitrator, neutral third party, or mediator review the matter will be borne equally by the parties involved. However, in the event the disciplinary action is completely reversed, the City shall reimburse the SCEA for its share of the cost of the arbitrator, third party, or mediator.

3. In the event the parties are unable to agree on an impartial arbitrator, mediator, or third party, the parties will make a joint request for a list of five impartial mediators or arbitrators from the State Mediation and Conciliation Service. When such list is received, the parties shall meet within seven calendar days to select the mediator or arbitrator as follows: the parties shall alternately strike the name of one mediator or arbitrator from the list until the name of one remains. That person shall serve as the mediator or arbitrator. The Party to strike the first name shall be determined by a toss of a coin.

4. The City Manager will review the opinion and either:

A. Accept the Recommendation. In the event that the City Manager accepts the recommendation, that decision will be final and not subject to further appeal.

B. Refer the Matter to the City Council. In the event that the City Manager rejects the recommendation, the matter shall be referred to the City Council. The Council shall conduct a closed session pursuant to Subsection 12.8.3.

ARTICLE 31 CONTRACTING OUT

In the event that the City decides to outsource work to a private contractor that would result in the displacement of current represented Employees, the City shall include a request in the Request for Proposal (hereinafter “RFP”) that prospective contractors include a proposal to hire said Employees in their response to the RFP.

ARTICLE 32 EMPLOYEE ASSISTANCE PROGRAM

The City will continue to provide an Employee Assistance Program (EAP). The program will include at a minimum but not limited to, five personal counseling sessions, counselors located within a reasonable commute distance, substance abuse counseling, availability of emergency visits, and workplace crisis response. Employees will be provided with a brochure outlining the benefits of the program.
50 34

ARTICLE 33 LAYOFF AND REEMPLOYMENT

Rules regarding Layoff and Reemployment are set forth in Section 13.2 of the Personnel Rules.

ARTICLE 34 GENERAL PROVISIONS

1. Severability.

If any provision of this Agreement should be held invalid or restrained by operation of law or by any court of competent jurisdiction, the remainder of this Agreement shall not be affected.

2. Full Understanding.

The Parties agree that this Agreement sets forth the full and entire understanding of the Parties regarding the matters set forth herein, and verbal statements shall not supersede any of its provisions.

3 No Requirement to Meet and Confer.

Except as otherwise provided in this Article, the Parties agree that neither Party shall be required to meet and confer concerning any specific provision of this Tentative Agreement of the successor MOU during the term of this Tentative Agreement or the successor MOU.

4 Reopeners.

Upon the written request of the City Manager, the Parties agree to reopen negotiations during the term of this successor MOU for any one of the following situations:

A. A Declaration of a Fiscal Emergency by the City Council which could result in Layoffs if the Parties do not meet and confer on alternatives.

B. If any other bargaining group has an employment contract with the City of Suisun City that contains applicable compensation provisions that are more advantageous for the Employees than this Agreement, the Parties agree to meet and confer on the modification of this Agreement.

C. A positive or negative change occurs in the City’s fiscal status that would affect the availability of funding for services provided in whole or in part by Employees represented by SCEA.

F. Update/Amend/Replace the City’s Employer-Employee Relations Resolution

G. Update/Amend the City’s Administrative Directive AD7 – Personnel Rules and Regulations.

H. Notwithstanding the provisions of California Government Code section 20516.5, the Parties agree that the above-indicated represent the only bases for reopening the successor MOU during its term.
51 35

5 Savings Clause.

In the event that the implementation of any article, section or subsection of this Agreement shall be frustrated on account of the operation of law or by any tribunal of competent jurisdiction, or if compliance with any article, section or subsection would be frustrated or restrained by such law or tribunal, representatives of the City and the Association shall, if possible, meet and confer for the purpose of endeavoring to agree on a replacement for such article, section or subsection.

6. No Strike/Lockout.

The SCEA agrees that there will be no strike, work stoppage, slowdown, "sick in", sit down, refusal to perform work, other interference with City operations, picketing, or refusal to enter upon City premises on any account or in connection with any grievance or dispute. The City agrees that it will not engage in any lockouts during the term of this Agreement.

7. Successor Agreement.

This Agreement shall be in full effect from July 1, 2023 through and including June 30, 2025. Either Party may serve upon the other its written request to commence negotiations for a successor Agreement as early as February 1, 2025. Upon receipt of such written notice, negotiations shall commence no later than thirty (30) days thereafter. The Parties hereby declare that it is their mutual interest to negotiate a multi-year successor agreement consistent with City Council policy direction within the limitations of the City’s ability to pay, with the intent to be completed no later than June 30, 2025.

8. Distribution of Agreement.

Within 10 days of the adoption of this Agreement, all covered Employees shall receive a copy of the Agreement. The “copy” may be provided in electronic format.

9. Effective Date.

The effective date of this Agreement shall be July 1, 2023.

[SIGNATURES ON NEXT PAGE]

52 53
City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 1 of 23 ends

TENTATIVE AGREEMENT BETWEEN THE CITY OF SUISUN CITY
AND THE SUISUN CITY EMPLOYEES ASSOCIATION/SEIU LOCAL 1021 AFL-CIO CLC

FOR A SUCCESSOR MEMORANDUM OF UNDERSTANDING

The current Memorandum of Understanding (“MOU”) between the City of Suisun City (“City”) and the Suisun City Employees Association/Service Employees International Union Local 1021 (“Association”), covering the period January 1, 2021 through June 30, 2023, and all Amendments thereto, will expire by its own terms on June 30, 2023 (“SCEA MOU 2021-23”). The parties commenced negotiations on March 22, 2023 regarding a successor MOU pursuant to the Meyers-Milias-Brown Act (“MMBA”) (Gov’t Code Sections 3500 - 3511). The following Tentative Agreement for a successor Memorandum of Understanding between the City and the Association and its deal terms have been ratified by the Association on June 14, 2023, but remains subject to formal approval/adoption by the City Council per California Government Code Section 3505.1, which provides:

“If a tentative agreement is reached by the authorized representatives of the public agency and a recognized employee organization or recognized employee organizations, the governing body shall vote to accept or reject the tentative agreement within 30 days of the date it is first considered at a duly noticed public meeting. A decision by the governing body to reject the tentative agreement shall not bar the filing of a charge of unfair practice for failure to meet and confer in good faith. If the governing body adopts the tentative agreement, the parties shall jointly prepare a written memorandum of understanding.”

The deal points for the successor MOU for the Fiscal Years 2023-2025 covering the wages, hours and other terms and conditions of employment are set forth below. All terms and conditions of the prior SCEA MOU 2021-2023 shall be maintained unless expressly modified or changed herein until the successor MOU is jointly prepared by the parties, ratified by the Association and accepted, approved and adopted by City Council, which shall then supersede and replace this Tentative Agreement.

TENTATIVE AGREEMENT DEAL POINTS
Article
No. Subject Tentative Agreement
Term 2-year agreement: July 1, 2023 through June 30, 2025 Conversion Convert Article Numbers from Roman Numerals to Arabic Numbers. Renumber article numbers, sections, etc. accordingly to incorporate all new and modified TA’s.

Dispatchers Remove all references to Dispatchers. Dispatchers are no longer represented by SCEA.

General Clean
Up
Eliminate entirely all Articles on Leaves of Absence that reference the personnel rules (Article numbers: 25, 26, 28, 29, 30, 31, 32, 33, 34, 35, 36, 37) 7 Wages

1. Salaries. Assuming allowable funding pursuant to the American Rescue Plan Act of 2021 (which guidelines have only recently been published) as a condition precedent, the City shall provide a premium pay to all bargaining unit employees as follows:

Miscellaneous. The City will provide a $2.00 per hour non-pensionable premium pay on top of the base pay rate for all represented miscellaneous job classes (except Dispatch classifications) up through and until May 25, 2023.

Dispatch Classifications. The City will provide a $4.00 per hour non-pensionable premium pay on top of the base pay rate for all represented dispatch job classes up through and until May 25, 2023. 54 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 2 of 23 ends

Article
No. Subject Tentative Agreement
Premium increases will be effective retroactively to July 1, 2021, if the Tentative Agreement is ratified and signed by Union at least one day prior to the City Council meeting scheduled for July 6, 2021. Alternatively, the premium increase will be effective the first full pay period after City Council adoption of the Tentative Agreement.

Payments will be made on a bi-weekly basis. All the hourly increases authorized herein will sunset June 30, 2023.

The previously provided Critical Staffing Retention and Recruiting Pay sunset/expired on June 30, 2021 and shall not be included in this successor MOU.

Miscellaneous. Effective May 26, 2023, the City will provide base hourly wage increases of $2 per hour to the wage range for all represented miscellaneous job classes (except Dispatch classifications) and base hourly wage increases of $2 per hour to the employee’s position within that range for the following represented miscellaneous job classes:

Account Clerk I
Administrative Assistant II
Building Maintenance Worker I
Code Enforcement Officer II
Community Services Officer I
Computer Technician
Maintenance Worker I
Maintenance Worker II
Police Evidence and Property Technician II
The City’s base wage increases provided herein to the employee’s position within the range will decrease the differential between steps to less than 5% as identified in the new alpha numerical salary ranges established for these classifications. The alpha salary range will be eliminated once all affected employees in the alpha numeric range reach top step, or through attrition, whichever comes first. The affected employees in the alpha numeric ranges will be transitioned to the base numerical range once they reach the top step.

New hires starting May 26, 2023 or later, in the classifications affected by the additional hourly wage increases will be hired into the base numerical range for that classification which maintains a 5% differential between each step in the range.

Dispatch. Base hourly wage adjustments for all dispatch classes previously represented by SCEA will be addressed in the Second Amendment of the Police Officers’ Association (POA) MOU 2021- 23 given the change in representation of Dispatchers from SCEA to SCPOA effective August 31, 2021.

55 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 3 of 23 ends

Article
No. Subject Tentative Agreement
Job Class
Monthly
Salary Prior
to the Base
Wage
Adjustmen
ts Effective
5/26/2023
Base
Wage
Increase
Effective
5/26/20
23 Approx.
% of
Base
Wage
Increase
Eff.
5/26/20
23 Approx.

Monthly
Salary
Eff.
5/26/20
23 Propose
d Wage
Adjustm
ent
(Rounde
d 3
decimal
points)
Approx.

New
Monthl
y Top
Step
Approx.

Total %
Change
Account Clerk I $3,907 $2/hour 8.9% $4,253 17.622% $5,003 28.0% Account Clerk II* $4,298 $2/hour 8.1% $4,645 18.484% $5,503 28.0% Account Clerk III $4,727 $2/hour 7.3% $5,073 19.313% $6,053 28.1% Accounting Technician $5,275 $2/hour 6.6% $5,622 17.466% $6,604 25.2% Administrative Assistant I $5,074 $2/hour 6.8% $5,421 -1.541% $5,337 5.2% Administrative Assistant
II* $5,432 $2/hour 6.4% $5,779 1.596% $5,871 8.1%
Building Inspector I $6,095 $2/hour 5.7% $6,442 -3.102% $6,242 2.4% Building Inspector II* $6,703 $2/hour 5.2% $7,049 -2.596% $6,866 2.4% Building Maintenance
Worker I $4,498 $2/hour 7.7% $4,844 5.281% $5,100 13.4% Building Maintenance
Worker II* $4,947 $2/hour 7.0% $5,294 5.979% $5,610 13.4% Code Enforcement Officer
I $5,432 $2/hour 6.4% $5,779 3.096% $5,958 9.7%
Code Enforcement Officer
II* $5,702 $2/hour 6.1% $6,048 8.346% $6,553 14.9%
Community Services
Officer I $4,451 $2/hour 7.8% $4,797 10.720% $5,311 19.3% Community Services
Officer II* $4,898 $2/hour 7.1% $5,244 11.407% $5,843 19.3% Computer Technician* $7,046 $2/hour 4.9% $7,392 0.000% $7,392 4.9% Fleet Mechanic* $5,193 $2/hour 6.7% $5,540 -2.013% $5,428 4.5% Housing Specialist I $5,432 $2/hour 6.4% $5,779 1.282% $5,853 7.7% Housing Specialist II* $5,702 $2/hour 6.1% $6,048 6.440% $6,438 12.9% Human Resources
Technician (C) $5,976 $2/hour 5.8% $6,323 4.445% $6,604 10.5% Maintenance Worker I $4,498 $2/hour 7.7% $4,844 18.138% $5,723 27.2% Maintenance Worker II* $4,947 $2/hour 7.0% $5,294 18.921% $6,295 27.3% Office Assistant $4,245 $2/hour 8.2% $4,592 6.545% $4,892 15.3% Permit Technician I n/a n/a n/a n/a n/a $5,791 n/a
Permit Technician II $5,976 $2/hour 5.8% $6,323 0.744% $6,370 6.6% Police Evidence and
Property Technician I $4,451 $2/hour 7.8% $4,797 10.720% $5,311 19.3% Police Evidence and
Property Technician II* $4,898 $2/hour 7.1% $5,244 11.407% $5,843 19.3% Public Works Inspector* $6,781 $2/hour 5.1% $7,128 0.188% $7,141 5.3% Recreation Coordinator $5,295 $2/hour 6.6% $5,642 2.251% $5,769 9.0% Senior Maintenance
Worker $5,193 $2/hour 6.7% $5,540 25.000% $6,925 33.4%
Youth Services Specialist $6,253 $2/hour 5.5% $6,600 10.656% $7,303 16.8%

56 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 4 of 23 ends

Article
No. Subject Tentative Agreement
B. The base wage increases provided effective 5/26/2023 to the employee’s position within the range decreased the differential between steps to less than 5% as was identified by the alpha numerical salary ranges established for the following classifications: Account Clerk I, Administrative Assistant II, Building Maintenance Worker I, Code Enforcement Officer II, Community Services Officer I, Computer Technician, Maintenance Worker I, Maintenance Worker II, Police Evidence and Property Technician II. The alpha salary range will be eliminated once the proposed base wage adjustments for the successor MOU are implemented. The affected employees in the alpha numeric ranges will be transitioned to the base numerical range assigned to their classification and will maintain their current step placement within the range, with the exception of the current incumbent in the Computer Technician classification, who shall advance one pay step to avoid a negative salary adjustment as a result of implementing this provision. This shall not affect the incumbent Computer Technician’s anniversary date or eligibility for future merit increases.

C. Effective the last full pay period of June 2025, represented employees shall receive a two- point five (2.5%) percent Cost of Living Adjustment (COLA), condition precedent on if the City’s actual revenue for Fiscal Year 2023/24 exceed budgeted revenues for Fiscal Year 2023/24 by at least three (3%) percent.
7 Longevity
New: Miscellaneous Employee Longevity Pay. Effective the first pay period following City Council adoption of the successor memorandum of understanding (MOU) or the first pay period following 7/1/2023, whichever is later, upon the completion of ten (10) years of continuous full-time City service, represented employees shall be entitled to a two (2%) percent increase in compensation; employees who complete fifteen (15) years of continuous full-time service shall be entitled to an additional two (2%) percent increase in compensation (for a total of four (4%) percent).

Miscellaneous Employee Longevity Pay. Effective the first pay period in July 2024, upon the completion of five (5) years of continuous full-time City service, represented employees shall be entitled to a two (2%) percent increase in compensation; employees who complete ten (10) years of continuous full-time City service, represented employees shall be entitled to a two (2%) percent increase in compensation; employees who complete fifteen (15) years of continuous full-time service shall be entitled to an additional two (2%) percent increase in compensation (for a total of six (6%) percent).
7 Bilingual Pay
C. One Employee fluent in Spanish, Tagalog or other language, the use of which the City Manager has determined to be of benefit to the City (based on the recommendation of the Police Chief), shall be paid Bilingual Incentive Pay of $46.15 per pay period upon written approval by the City Manager.

D. One An Employee fluent in Spanish, Tagalog or other language, the use of which the City Manager has determined to be of benefit to the City (based on the recommendation of the applicable department director), shall be paid Bilingual Incentive Pay of $46.15 $50.00 per pay period upon written approval by the City Manager.

E. In the case of Bilingual Incentive Pay, fluency shall be certified by a test administered through the Human Resources office. In order to become certified, an Employee must achieve a score of at least 9 on a scale of 12. A certified Employee shall request Bilingual Incentive Pay on a 57 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 5 of 23 ends

Article
No. Subject Tentative Agreement
form approved by the City Manager. Employees shall may be required to recertified recertify bilingual proficiency at least once every two years. Employees requesting bilingual pay may not take the bilingual proficiency exam more than twice in a year, after a ninety (90)-day waiting period.
7 Notary Pay

2. Incentive Pay. Upon recommendation of the Department Head and the approval of the City Manager or designee, the City will provide training incentives for special education and certification not already required as part of the Employee’s job classification and obtained outside the Employee’s working hours. Employees receiving Incentive Pay must maintain certification consistent with the rules of the issuing authority. Failure to do so will result in a suspension of this benefit for a period not to exceed six months. During this suspension period, the Employee must cure the reason for loss of certification, or the suspension shall become permanent.

B. Authorized Incentive Pay for special education and certifications shall be as follows:

Department Job Class Number Amount
Public Works Certified Arborist 1 5%
Certified Heavy Equipment Operator/ 5 5%
Class A Driver
All Employees Covered by Agreement for an AA Degree or Higher 8 3%

New: Notary Pay. Any employee that possesses an official Notary Commission and is required to perform these duties in addition to their normal job duties shall be afforded a monthly $50 allowance, approved by the employee's Department Head. The City will provide the cost of training, certification, recertification, bond, insurance and recording with the County Recorder of the Notary Commission for any employees required to obtain and maintain an official Notary Commission.
25 Municipal
Holidays

1. Recognized Holidays. The following are recognized as Holidays:

The first day of January, New Year's Day.

The third Monday in January, Martin Luther King's Birthday.

The third Monday in February, President’s Day.

The last Monday in May, Memorial Day.

The nineteenth day of June, Juneteenth.

The fourth day of July, Independence Day.

The first Monday in September, Labor Day.

The second Monday in October, Columbus Day.

The eleventh day of November, Veteran's Day.

The fourth Thursday in November, Thanksgiving Day.

The fourth Friday in November, the day after Thanksgiving Day.

The twenty-fifth day of December, Christmas Day.

One floating Holiday shall be posted on the first pay period in July and one floating Holiday on the first pay period in January to the Holiday Leave balance. 58 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 6 of 23 ends

Article
No. Subject Tentative Agreement
The employee’s birthday.

Any date proclaimed by the Mayor of Suisun City as a Holiday.

Holidays proclaimed by the President of the United States or the Governor of the State of California shall be subject to the meet and confer process.

2. Observance.

B. If the employee’s birthday occurs on a regular day off, the employee must schedule a day off with supervisor approval within thirty days before or after the employee’s birthday.

6. Employees Working Shifts at SCPD. Employees in the job classes working 24 hours per day seven days per week in the Suisun City Police Department (currently: Senior Public Safety Dispatcher and Public Safety Dispatcher I/II) shall accrue Holiday Leave in lieu of taking Holidays off. Holiday Leave shall be accrued by adding 4.0 hours per pay period to the Holiday Leave account. All of the provisions of Section 5 of this Article apply to these Employees, except that the maximum Holiday Leave balance for these Employees shall be 200 hours. 7 Biohazard/
Homeless
Encampment
Cleanup Pay
Biohazard/Homeless Encampment Cleanup Pay. Employees who are assigned to perform homeless encampment cleanup shall receive additional pay due to potential biohazard exposure, including but not limited to urine, feces, blood and hypodermic needles. Employees will receive one and a half (1.5%) percent of base salary for actual time spent performing homeless encampment cleanup.
11 Standby and
Call-Out
Procedures

1. Public Works Maintenance Division. The following procedures shall apply exclusively to Standby and Call-Out assignments in the Public Works Maintenance Division, where all covered Employees are required to make themselves available for a proportionate share of weekly Standby duty:

1.A. Those Employees scheduled for weekday Standby Duty (from the end of the Workday on one day to the beginning of the next Workday during the workweek, which is from Monday evening through Friday [or every other Thursday for 9/80 Alternative Work Schedules] morning) will receive 2 hours of Standby Pay per day at the employee’s regular rate of pay.

2.B. Those Employees scheduled for weekend Standby (from the end of the Workday on the last day of the regular workweek to the start of the Workday at the beginning of the next workweek) will receive 2 four (4) hours of Standby Pay per day at the employee’s regular rate of pay.

3.C. Those Employees scheduled for Holiday Standby (from 12.00 am to 11.59 pm on recognized City Holiday) will receive 2 six (6) hours of Standby Pay per day at one and one half (1- 1/2) times the employee’s regular rate of pay.
…
New:
59 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 7 of 23 ends

Article
No. Subject Tentative Agreement

2. Information Technology Division. The following procedures shall apply exclusively to Standby and Call-Out assignments for the Computer Technician assigned to the Information Technology Division, where all covered Employees may be required to make themselves available for a proportionate share of weekend Standby duty:

B. Those Employees scheduled for Holiday Standby (from 12.00 am to 11.59 pm on recognized City Holiday) will receive six (6) hours of Standby Pay per day at one and one half (1- 1/2) times the employee’s regular rate of pay.

If, by department policy, permission from a supervisor is necessary prior to leaving work, such permission shall be obtained.

E. Standby Duty schedules shall be assigned in accordance with departmental policy.

Employees will be given the opportunity to volunteer for Standby Duty. Such indications will be considered by the department when making assignments for Standby Duty but shall not be binding.

F. Any Employee who has been scheduled for Standby Duty and either fails to be “available” or fails to report for work once notified, shall be subject to disciplinary action.

Example: Call Out begins at 11:30pm and ends at 1:30am, Employee receives 2 hours of pay at one point five (1.5) times their hourly rate.
60 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 8 of 23 ends

Article
No. Subject Tentative Agreement
13 Uniform Safety
Glasses
Maintenance Worker Employees required to wear safety glasses will be eligible for up to $300 reimbursement each fiscal year, if required to wear prescription safety glasses. Employees must submit a receipt, with their request for reimbursement. 1 Recognition

RECOGNITION

1. Job Classes Represented. The City recognizes SCEA as the exclusive representative for the general employees bargaining unit consisting of the following Permanent, Non-Sworn, non- Professional/Technical, non-Management job classes which should properly be assigned to this bargaining unit by the City, such exclusive representation being subject to and qualified by Employee rights under applicable local, state, and federal law to be represented by the Recognized Employee Organization of their choice:

Represented Job Classes
Account Clerk I/II-I
Account Clerk I/II-II
Account Clerk III
Accounting Technician
Administrative Assistant I/II-I
Administrative Assistant I/II-II
Building Maintenance Worker I/II-I
Building Maintenance Worker I/II-II
Building Inspector I/II-I
Building Inspector I/II-II
Community Services Officer I/II-I
Community Services Officer I/II-II
Computer Technician
Fleet Mechanic
Housing Specialist I/II-I
Housing Specialist I/II-II
Human Resources Technician (C)
Maintenance Worker I/II-I
Maintenance Worker I/II-II
Office Assistant
Permit Technician I
Permit Technician II
Police Evidence and Property Technician I/II - I
Police Evidence and Property Technician I/II - II
Public Safety Dispatcher I/II-I
Public Safety Dispatcher I/II-II
Public Works Inspector
61 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 9 of 23 ends

Article
No. Subject Tentative Agreement
Recreation Program Administrative Coordinator
Recreation Coordinator
Senior Account Clerk
Senior Maintenance Worker
Senior Public Safety Dispatcher
Youth Services Specialist

5. Classification Study. The City will conduct a classification study of the Maintenance Worker II. The City will not fill vacancies in the Maintenance Worker II classification until the classification study has been completed. The City will conduct a classification study of the employee in the Accounting Technician, and the two represented employees in the Administrative Assistant II classification, as of June 30, 2023. The City agrees to meet and confer with the Association on implementation of the results of the studies. 6 Association
Access

ARTICLE VI DUES, FEES, INSURANCE CHECK OFF

1. As the recognized majority and/or exclusive employee organization, SCEA requests that the City deduct membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by SCEA, from the wages and salaries of members of SCEA. SCEA hereby certifies that it has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. SCEA membership dues shall be deducted each pay period in accordance with City procedures and provisions of applicable law from the salary of each employee whose name is provided by SCEA.

2. The City shall provide for payroll deductions on each payroll period (twenty-six times per calendar year). The City shall remit the total amount of deductions to SCEA within thirty (30) days of the date of the deduction. Any changes in SCEA dues must be given to the City a minimum of thirty (30) days prior to change to accommodate changes to payroll.

3. SCEA shall defend, indemnify, and hold City harmless against any liability arising from any claims, demands, or other action relating to the City’s compliance with the above provisions with the exception of liability caused by City’s own negligence.

ARTICLE VII UNION ACCESS

1. SCEA Business. All SCEA business will be conducted by Employees and SCEA representatives outside of established working hours. Nothing herein shall be construed to prevent a SCEA representative or an Employee from contacting the City Manager or other management representatives regarding personnel-related matters during working hours.

2. Work Locations. The authorized SCEA Business Agent, if any, shall be given access to work locations during working hours, provided that prior to visiting any work location the SCEA representative notifies the affected Department Head (if only one department is affected) or the Assistant City Manager (if more than one department is affected).

3. Shop Stewards. In addition to the president, two stewards shall be appointed by the SCEA as alternate representatives to assist in resolving workplace issues and other representational duties including but not limited to Grievances.

62 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 10 of 23 ends

Article
No. Subject Tentative Agreement
A. Pursuant to Government Code section 3505.3, the City shall allow the employee Stewards a reasonable time off without loss of compensation or other benefits when they are participating in any one of the following activities:
1) Formally meeting and conferring with representatives of the City on matters within the scope of representation;
2) Testifying or appearing as the designated representative of Union in conferences, hearings, or other proceedings before the Public Employment Relations Board, or an agent thereof, in matters relating to a charge filed by the Union against the City or by the City against the Union; and
3) Testifying or appearing as the designated representative of the Union in matters before a personnel or merit commission.

Reimbursement by SCEA shall be made on or before thirty (30) days after receipt of the City’s certification of payment of compensation to the employee. 2) At the conclusion or termination of leave granted under this section, the employee shall have a right of reinstatement to the same position and work location held prior to the leave, or, if not feasible, a substantially similar position without loss of seniority, rank, or classification. 3) SCEA has no obligation to use leave under this section for an employee and may terminate that leave at any time, for any reason. The City reserves the right to recall any employee on leave pursuant to these sections due to an emergency.

C. Compensation for release time under this provision shall not exceed the employee Stewards’ standard schedule of hours per day and shall not include compensation for overtime.

Compensation shall include retirement fund contributions required of the City as an employer.

The employee shall earn full-service credit during the leave of absence and shall pay his or her member contributions. The leave of absence without loss of compensation or other benefits provided for by this section is in addition to the release time without loss of compensation or other benefits granted to representatives of SCEA under applicable laws or this MOU.

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 11 of 23 ends

Article
No. Subject Tentative Agreement
F. SCEA or the employee shall be required to execute any payroll forms, certifications of time, or other documents as required by the City to ensure that the time reporting is accurate and that the employee is performing the duties of a steward or officer or representative of SCEA during all reported working hours.

4. Release Time. The City may grant a total of 16 hours of paid time off for the president and two stewards to attend training scheduled during the Employee’s normal working hours. Those hours may be split among the three SCEA officials at SCEA’s discretion. The SCEA will be responsible for overseeing the time used and calculating the time remaining. The SCEA must notify the Assistant City Manager with each approved time off request. The SCEA president shall submit written requests for release time to the Employee’s immediate supervisor. The supervisor’s decision to approve will be based on the operational needs of the City. The Employee and SCEA president will certify the Employee’s attendance. Unused training hours may accrue to a maximum of 32 hours.

5. Labor/Management Committee. The City and the SCEA agree to set up a Labor/Management Committee to encourage open communication, to promote harmonious relations, and to resolve matters of mutual concern. The committee will meet quarterly or as mutually agreed to by the Parties. The Committee will be composed of one representative from the City, one representative from the SCEA, and the SCEA Business Agent, if any. The meetings are informal and are not intended to be for discussion of issues handled under other provisions herein such as grievances, disciplinary actions, or collective bargaining negotiations.

6. New Employee Orientation & Contact Information. All Employees will receive a New Employee Orientation within their first five (5) regular Workdays of employment with the City.

The New Employee Orientation will be presented by Human Resources Division staff members at a time and place determined by the City. The purpose of this orientation is to review and complete required payroll, insurance benefits, and similar required documentation; to train the Employee regarding City and/or Departmental policies, procedures, and specific requirements of the position; and to provide other necessary information. At no time during the orientation shall a City or SCEA representative provide derogatory information or advocacy about the other.

A. The City will provide SCEA Chapter President and SEIU Field Representative notice of a pending New Employee Orientation within one (1) business day of the execution of an employment offer letter.

B. One (1) SCEA representative, officer, steward, or member will be provided an opportunity for a 15- minute private session with the new Employee during the New Employee Orientation.

SCEA may provide written information to be included with the orientation materials, in lieu of such a private session. Two (2) business days prior to the New Employee Orientation, SCEA will provide to Human Resources the name and the contact information of its participating representative. The City and SCEA will mutually agree to a suitable time during the New Employee Orientation for SCEA’s private meeting with the new Employee. Such private meeting will occur at the same location as the New Employee Orientation.
64 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 12 of 23 ends

Article
No. Subject Tentative Agreement
C. Within 30 days of hire, and monthly thereafter, the City will provide SCEA/SEIU 1021 Membership Department with Employee contact information in electronic format as required by State law for all represented Employees.
1) Name
2) Home Address
3) Classification/Job Title
4) Department
5) Work Location
6) Work, home and personal cellular telephone numbers
7) Personal and work e-mail addresses
D. Notwithstanding the foregoing, the City will not make any disclosures prohibited under Government Code sections 6254.3(c) & 6254.3 (a)(3).

ARTICLE VI ASSOCIATION ACCESS

1) Formally meeting and conferring with representatives of the City on matters within the scope of representation;

3) Testifying or appearing as the designated representative of the Union in matters before a personnel or merit commission.

B. Pursuant to Government Code section 3558.8, the City shall grant to employee Stewards, upon written request of SCEA, reasonable leaves of absence without loss of compensation or other benefits for the purpose of enabling employees to serve as stewards or representatives or officers 65 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 13 of 23 ends

Article
No. Subject Tentative Agreement
of the exclusive representative, or of any statewide or national employee organization with which SCEA is affiliated.

1) SCEA shall reimburse the City for all compensation paid to the employee on leave.

Reimbursement by SCEA shall be made on or before thirty (30) days after receipt of the City’s certification of payment of compensation to the employee.

2) At the conclusion or termination of leave granted under this section, the employee shall have a right of reinstatement to the same position and work location held prior to the leave, or, if not feasible, a substantially similar position without loss of seniority, rank, or classification.

C. Compensation for release time under this provision shall not exceed the employee Stewards’ standard schedule of hours per day and shall not include compensation for overtime.

Compensation shall include retirement fund contributions required of the City as an employer.

G. The City shall not be liable for an act or omission of, or an injury suffered by, an employee of the City if that act, omission, or injury occurs during the course and scope of the 66 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 14 of 23 ends

Article
No. Subject Tentative Agreement
employee's leave under this section to work for SCEA. If the City is held liable for such an act, omission, or injury, SCEA shall indemnify and hold harmless the City.

4. Release Time. The City may grant a total of 16 hours of paid time for the president and two stewards to attend training scheduled during the Employee’s normal working hours. Those hours may be split among the three SCEA officials at SCEA’s discretion. The SCEA will be responsible for overseeing the time used and calculating the time remaining. The SCEA must notify the Department Head and Human Resources with each approved time off request. The SCEA president shall submit written requests for release time to the Employee’s immediate supervisor.

The supervisor’s decision to approve will be based on the operational needs of the City. The Employee and SCEA president will certify the Employee’s attendance. Unused training hours may accrue to a maximum of 32 hours.

6. Employee Orientation & Contact Information. All Employees will receive a New Employee Orientation within their first five (5) regular Workdays of employment with the City. The New Employee Orientation will be presented by Human Resources Division staff members at a time and place determined by the City. The purpose of the orientation is to review and complete required payroll, insurance, benefits, and similar required documentation; to train the Employee regarding City and/or Departmental policies, procedures, and specific requirements of the position; and to provide other necessary information. At no time during the orientation shall a City or SCEA representative provide derogatory information or advocacy about the other.

A. The City will provide SCEA Chapter President and SEIU Field Representative notice of a pending New Employee Orientation within one (1) business day of the execution of an employment offer letter.

B. One (1) SCEA representative, officer, steward, or member will be provided an opportunity for a 15-minute private session with the new Employee during the New Employee Orientation.

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 15 of 23 ends

Article
No. Subject Tentative Agreement
personal cellular telephone numbers, personal email addresses on file with the City, and home address, in electronic format as required by State law for all represented Employees.

D. The City also agrees to provide SCEA with a list of the foregoing information for all bargaining unit employees at least once every 120 days unless otherwise agreed to in writing.

7. Dues Deduction. SCEA, as the recognized majority and/or exclusive employee organization requests that the City deduct membership dues, initiation fees, and general assessments, as well as payment of any other membership benefit program sponsored by SCEA, from the wages and salaries of SCEA members. SCEA hereby certifies that SCEA has and shall maintain all such deduction authorizations signed by the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization.

Accordingly, SCEA membership dues shall be deducted over 26 pay periods in accordance with the City procedures and provisions of applicable law from the salary of each employee whose name is provided by SCEA. Such deduction shall be made only when the SCEA member’s earnings for the subject pay period are sufficient after other legally required deductions are made.

A.B. SCEA shall have a duty to defend and shall indemnify and hold harmless the City against any liability arising from a claim, demand, or other action relating to any SCEA requested deduction, or any provision or obligation set forth in this Article. The City reserves the right to select its own counsel for its defense hereunder at the SCEA’s expense. 7 Acting Pay

3. Acting Pay. Employees covered by this Agreement shall receive Acting Pay under the following conditions:

A. Employees must qualify to receive Acting Pay when assigned in writing to acting in the a higher job class and performing to perform substantially the full range of duties and responsibilities of the higher job class for a minimum period of two weeks. The qualifying period may be satisfied one full workday at a time.

B. Employees who have met this requirement after July 1, 2001, and who are recommended by their supervisor and Department Head may be certified as having met the qualifying period.

C.B. Employees who are certified assigned to act in a higher job class will receive Acting Pay in an amount of at least 5.0 percent and no more than 10.0 percent of their current salary whenever they are assigned act in the higher job class for a minimum of two consecutive weeks, 68 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 16 of 23 ends

Article
No. Subject Tentative Agreement
retroactive to the first day of the assignment, while performing substantially the full range of duties and responsibilities of the higher job class.

D.C. In order to receive Acting Pay, there must exist a vacant budgeted position, the assignment must be made in writing, employees must meet the minimum qualifications of the higher job class, and employees may not refuse to perform any duty or responsibility of the higher job class. Exceptions to meeting the minimum qualifications of the higher job class may be made on a case-by-case basis, depending on operational need, with concurrence between the department head and Human Resources, subject to City Manager approval.

E.D. Acting Pay shall not be applied to a request to cash-out any form of paid leave, or payment for paid leave hours on the books at time of separation.

Nighttime
Hours
Differential
Eliminate Entirely.
7 Confidential
Pay

5. Confidential Pay. Currently, the incumbents in the Accounting Tech (assigned to payroll) and the Administrative Assistant II (assigned to Police Department), hired prior to July 30, 2019, receives a 3% pay differential to be added to the employee’s base pay. The Confidential Pay Program will end once the current two incumbents vacates these two positions.

Pay
Adjustments
for Building
Maintenance
Worker I/II
Eliminate Entirely.
13 Uniforms and
Uniform
Allowances

1. Uniform Allowances. Annually the City shall pay those Employees required to wear uniforms in the performance of their duties as follows:

Job Class Total
Senior Public Safety Dispatcher $900.00
Public Safety Dispatcher I/II $900.00
Community Services Officer I/II $900.00
Police Evidence and Property Technician I/II $900.00

Uniform allowance will be paid on the regular paychecks of pro-rata basis, equally divided across each of the 26 pay checks.

2. Other Uniforms. During the term of this Agreement, the City shall continue to supply Maintenance Workers and Building Maintenance Workers with the required uniform components as determined by the Public Works Director in a written departmental policy., and t The Administrative Assistant I/II assigned to the Fire Department will receivewith required uniform components as determined by the Fire Chief in a written departmental policy. The Administrative Assistant I/II assigned to the Police Department will receive required uniform components as determined by the Police Chief in a written departmental policy.

69 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 17 of 23 ends

Article
No. Subject Tentative Agreement

3. 3. Work Boots. The City shall provide an annual boot allowance of $250.00 to be used toward the purchase and maintenance of safety boots to employees in the following classifications who are required to wear safety boots as a condition of employment:

Building Maintenance Worker I/II
Code Enforcement Officer I/II
Maintenance Worker I/II
Senior Maintenance Worker

A. The boot allowance will be issued in the first pay period in July of each year. to all Maintenance Workers who are required as a condition of employment to wear safety boots towards the purchase and maintenance of such “work boots.”

A.C. If the work boots should become damaged or worn out before the next July, the City may approve the payment of up to $250.00 for a replacement pair of work boots. This provision shall only apply in cases where the wear and tear or damage occurred through the normal course of employment with the City.
15 Medical and
Dental
Insurance

1. Core Flex Plan. The City will contribute the following a Core Flex Plan amounts toward the monthly premium cost based on the 2021 equivalent to the Kaiser Permanente Region 1 Premium: for Employee, Employee plus one, and Employee plus Family toward the monthly premium cost.

Time Period Employee Employee + One Employee +
Family
7/1/21 through MOU Term $813.64 $1,627.28 $2,115.46
Or the equivalent of the Kaiser Permanente Region 1 Premium, whichever is greater.

Should the health plan premium cost, selected by the employee, be less than the Kaiser Permanente Region 1 premium cost be less than the amounts listed above, the City shall pay no more that the full cost of the Kaiser Permanente rate, with the difference between the cost of the selected health plan premium and the maximum provided by the city eligible to be applied toward the cost of vision and dental premiums for employees who select Kaiser Permanente.

2. Flexible Benefit Options. The City agrees to provide $500.00 per month (employee only) and $700.00 per month (employee plus one or more dependents) as a Flexible Benefit Credit that may be used in lieu of the Core Flex Plan enrollment per Section 1 of this Article. The Flexible Benefit Credit may be divided among Dental and Vision Premiums, Flexible Spending Accounts, and Taxable Cash Option. An Employee must choose choosing the Flexible Benefit Options must establish eligibility by providing verification of enrollment in a group health plan and must reestablish eligibility annually for continued enrollment in the Flexible Benefit Options during the each Open Enrollment Period established in the Suisun City Flexible Benefits Plan.

70 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 18 of 23 ends

Article
No. Subject Tentative Agreement

3. Restrictions. An Employee may either enroll in the Core Flex Plan or be entitled to the Flexible Benefit Options as described in Section 2 of this Article, but may not participate in both, with the exception of the Voluntary Pre-Tax Payroll Deduction Flexible Spending Account or enrollment in a Dental and/or Vision Plan.
16 457 Deferred
Compensation
Plan

2. ICMA 457 Deferred Compensation Plan. The City agrees to provide the ICMA a 457 Deferred Compensation Plan as an optional benefit to City Employees. The City will match the Employee’s contribution up to $100.00 per pay period, or up to $2,600 per fiscal year. The City’s match will be contributed to participating Employees on a pay-period basis, however, once annually participating Employees may contribute and the City will match an amount larger than $100, not to exceed the $2,600 fiscal year maximum.
16 Supplemental
Insurance
The City has contracted with Colonial to replace Aflac for voluntary supplemental insurance benefits. As of 7/1/2021, the City will no longer deduct Aflac payments via payroll deduction.

Employees will have the option to continue their Aflac coverage on their own or can enroll in Colonial which will be administered by City payroll deductions. It shall be agreed that the City may choose different supplemental insurance providers from time to time as needed to provided such voluntary benefits in the best interest of the City.
26 Reimbursement
for Education
or Training

1. Approval. On the recommendation of a Department Head and the approval of the City Manager, any Employee may embark on an approved course of education to enhance theirhis/her job skills. A course of study may include courses needed to gain a degree in a job-related field or to improve opportunities for advancement or Promotion with the City of Suisun City. If the Employee's Department Head will not recommend reimbursement for a course of study, the Employee may appeal to the City Manager or designee.

2. Reimbursement. Reimbursement shall be at a rate of 50 percent (50%) of the cost per unit at Solano Community College, which shall not exceed $1,000 per Employee per year. If an Employee leaves City service within two years of receiving education reimbursement, the Employee must reimburse the City an amount equal to half of the total education reimbursement paid by the City. Upon successful completion of the coursework, the Employee shall submit to the Department Head copies of dated receipts showing education costs (tuition, books, materials, mileage), as well as transcripts, grades or certificates showing successful course completion.

Employees are eligible for educational reimbursement for approved classes, including tuition and books, which shall not exceed $1,000 per Employee per year. Upon successful completion of the coursework, the Employee shall submit to the Department Head and HR copies of dated receipts showing education costs (tuition, books, materials, mileage), as well as transcripts, grades or certificates showing successful course completion. If an Employee leaves City service within two years of receiving education reimbursement, the Employee must reimburse the City an amount equal to half of the total education reimbursement paid by the City.

ID Cards Eliminate Entirely
Temporary
Measures Eliminate Entirely
34 General
Provisions
Section 4 – Reopeners

71 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 19 of 23 ends

Article
No. Subject Tentative Agreement

4. Reopeners. Upon the written request of the City Manager, the Parties agree to reopen negotiations during the term of this Tentative Agreement and the successor MOU for any one of the following situations:

A. A Declaration of a Fiscal Emergency by the City Council which could result in Layoffs if the Parties do not meet and confer on alternatives.

C. A positive or negative change occurs in the City’s fiscal status that would affect the availability of funding for services provided in whole or in part by Employees represented by SCEA.

D. Meet & confer on work rules affecting the Public Works Maintenance Division, which would include investigating options for ensuring that Public Works On-Call services are properly staffed.

E. Beginning as early as February 1, 2023, negotiations will reopen for fiscal year 2023/2024 and be completed no later than June 30, 2023.

F. Update/Amend/Replace the City’s Employer-Employee Relations Resolution.

G. Update/Amend the City’s Administrative Directive AD7 – Personnel Rules and Regulations.

H. Notwithstanding the provisions of California Government Code section 20516.5, the Parties agree that the above-indicated represent the only bases for reopening the Tentative Agreement or the successor MOU during its term.

7. Successor Agreement. This Agreement shall be in full effect from July 1, 2023through and including June 30, 2025. Either Party may serve upon the other its written request to commence negotiations for a successor Agreement as early as February 1, 20232025. Upon receipt of such written notice, negotiations shall commence no later than 30 days thereafter. The Parties hereby declare that it is their mutual interest to negotiate a multi-year successor agreement consistent with City Council policy direction within the limitations of the City’s ability to pay with the intent to be completed no later than June 30, 2025.

8. Distribution of Agreement. Within 10 days of the adoption of this Agreement, all covered Employees shall receive a copy of the Agreement. The “copy” may be provided in electronic format.

9. Effective Date. The effective date of this Agreement shall be July 1, 20212023. 21 and
22 Payroll Status
and WC/SDI
Medical Leave

1. Payroll Status. Any Regular Employee shall be considered to be in a Payroll Status if the Employee is employed by the City under the one of the following conditions:

72 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 20 of 23 ends

Article
No. Subject Tentative Agreement
A. Working Full-Time.

B. Working Part-Time, at least a thirty (30) hour or greater workweek.

C. Working on a restricted or limited duty basis.

D. Off work due to an injury or illness covered under Workers’ Compensation.

E. Off work due to an injury or illness covered under State Disability Insurance.

F. Off work while on an approved leave of absence covered under the Family and Medical Leave Act (FMLA).

G. Off work while on an approved leave of absence covered under the California Family Rights Act (CFRA).

H. Off work while on an approved leave of absence covered under Pregnancy Disability Leave (PDL).

2. Continuation of City-Paid Insurance Premiums. The City shall continue to contribute the City’s share of the health, and life, and dental insurance premiums on behalf of an Employee who is receiving Workers’ Comp/SDI benefits, as long as he/she is in a Payroll Status with the City or within the period provided in Chapter 10 of the Personnel Rules. An Employee is in a Payroll Status with the City, as long as he/she is using accrued Sick Leave, Vacation Leave, CTO, and/or Holiday Leave in conjunction with Workers’ Comp/SDI benefits to create the equivalent of his/her normal paycheck at least a thirty (30) hour or greater workweek, exclusive of Overtime.

3. Non-Payroll Status.

A. Any Employee off work on SDI who has exhausted his/her benefits under FMLA, CFRA, or PDL, and who is off work pursuant to Section 1, Subsections E. through H. of this Article, and who has insufficient accrued paid leave balances to create the equivalent of a normal paycheck at least a thirty (30) hour or greater workweek, exclusive of Overtime shall be considered to be in a Non-Payroll Status. Employees who are in a Non-Payroll Status will no longer accrue paid leave (Vacation, Sick and Holiday), and the City will no longer contribute the City’s share of health insurance premiums on the Employee’s behalf. The City will continue to contribute life insurance premiums for employees in a non-payroll status.

B. An Employee off work pursuant to Section 1, Subsection D. on Workers’ Compensation of this Article, and who has insufficient accrued paid leave balances to create the equivalent of his/her normal paycheck at least a thirty (30) hour or greater workweek, exclusive of Overtime shall be considered in a Non-Payroll Status. The Employee will no longer accrue paid leave (Vacation, Sick, and Holiday); however, the City will continue to contribute the City’s share of health insurance premiums on the Employee’s behalf for a period of no more than 12 months from the date of injury. The City will continue to contribute life insurance premiums for employees in a non-payroll status.

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 21 of 23 ends

Article
No. Subject Tentative Agreement
leave to cover the full amount of the requested deferred compensation plan contribution.

Workers’ Compensation/SDI benefits are non-taxable benefits, therefore shall not be used toward 457 plan contributions.

ARTICLE __ WORKERS’ COMP/SDI MEDICAL LEAVE

1. Employee Options Regarding SDI Medical Leave. There are two three options available to an Employee who is otherwise eligible for SDI insurance benefits, which are as follows:

A. Option 1: Not applying for disability insurance benefits and using accrued Sick Leave, Vacation Leave, CTO, and/or Holiday Leave. Employees must use at least a thirty (30) hours or greater per workweek, exclusive of Overtime in order to maintain the City’s contribution for health and life and to continue to earn leave accruals.

If Option 2 is elected, the Employee shall stipulate on the application for SDI benefits their Request for Leave (RFL) whether the Employee is integrating Sick Leave, and other leave accruals, with SDI benefits.

C. Option 3: Employees who apply for disability insurance, may provide the City with the supplemental benefits received by Workers’ Compensation/SDI, to be credited to a disability leave accrual account, which the City will then reissue to employees through payroll, enabling employees to remain on payroll status, and continue to accrue paid leaves including Sick Leave, Vacation Leave, and/or Holiday Leave and City contributions to health and life, so long as they integrate accrued leave to create at least a thirty (30) hour or greater per workweek, exclusive of Overtime.

D. The amount of supplement for any hour of any normal Workday shall not exceed the difference between one hundred (100%.0) percent of the Employee’s normal gross salary rate and the “weekly benefit amount”.

2. Medical Leave While on Workers’ Comp/SDI. Employees who are off work on medical leave covered under Workers’ Comp or SDI may supplement their insurance coverage benefits to ensure that they receive up to one hundred (100%.0) percent of their normal pay, exclusive of Overtime.

3. How a Supplement is Treated. The Employee shall receive up to one hundred (100%.0) percent of thetheir Employee’s gross salary rate including any regular hours worked and leave accruals to cover time off (Sick leave, Vacation, CTO and/or Holiday Leave), until such time as the City is notified of the benefit paid to the Employee. The pay period following notification (normally the next pay period), the Employee will receive up to one hundred (100%.0) percent of Employee’s gross salary rate less the when combining the supplemental amount provided 74 City of Suisun City Tentative Agreement Date: June 27, 2023

SCEA/SEIU LOCAL 1021 MOU 2023-25 Tentative Agreement

Page 22 of 23 ends

Article
No. Subject Tentative Agreement
by Workers’ Comp/SDI with integrated leave. Upon deduction of the amount equal to the supplemental amount from the Employee’s gross pay, the Employee’s Sick Leave, Vacation Leave, CTO, and/or Holiday Leave shall be credited to the Employee’s appropriate benefit accounts in an amount equal to the Employee’s hourly Pay Rate.

4. Paid Leave Accrual. An Employee shall earn Sick Leave, and Vacation Leave, and Holiday Leave benefits during any full bi-weekly pay period in which the Employee receives Workers’ Comp/SDI benefits and is on Payroll Status, of at least a thirty (30) hour or greater per workweek, exclusive of Overtime. Furthermore, an Employee shall receive service credit including for seniority and merit step increases during such a period, as long as the Employee is in a Payroll Status with the City. Retirement service credit is determined by CalPERS.

5. Leave of Absence While on SDI. An Employee who is receiving SDI benefits while absent from work, but who is in a Non-Payroll Status with the City is entitled to a leave of absence under Section 10.2 of the Personnel Rules subject to the requirements of that Section. 9 and
10 CTO and
Eligible Paid
Leave Cash-Out
CTO CASH-OUT:

Employees are allowed to cash-out a maximum of 40.0 sixty (60) hours of CTO each January…

ELIGIBLE PAID LEAVE CAS OUT:

As an alternative to CTO Cash-Out, employees are allowed to elect to cash-out a maximum of

40.0 sixty (60) hours of Eligible Paid Leave in November of the calendar year preceding such cash-out.…

Incorporate the Following MOU Amendments
Article
No. Subject MOU Amendment(s)
9, 12
and
25 Restoring
Leave Caps
NEW LANGUAGE TO BE ADDED TO THE FOLLOWING ARTICLES: OVERTIME AND COMPENSATORY TIME OFF, VACATION LEAVE, AND MUNICIPAL HOLIDAYS.

75 76
Tentative Agreement Approved by City Council June 27, 20231 MOU Approved by City Council June 27, 2023

MEMORANDUM OF UNDERSTANDING

BETWEEN

THE CITY OF SUISUN CITY
AND
THE SUISUN CITY EMPLOYEES’ ASSOCIATION
SEIU LOCAL 1021 AFL-CIO CLC

July 1, 20212023
through
June 30, 20232025

77 1
Table of Contents
INTRODUCTION ..................................................................................................................................................... 4 ARTICLE 1 RECOGNITION ................................................................................................................................ 4 ARTICLE 2 CITY RIGHTS ................................................................................................................................... 6 ARTICLE 3 EMPLOYEE RIGHTS ......................................................................................................................... 7 ARTICLE 4 PERSONNEL RULES AND REGULATIONS .......................................................................................... 7 ARTICLE 5 NO DISCRIMINATION ..................................................................................................................... 7 ARTICLE 6 ASSOCIATION ACCESS .................................................................................................................... 8 ARTICLE 7 COMPENSATION .......................................................................................................................... 15

1. SALARIES. ......................................................................................................................................................... 15

2. INCENTIVE PAY. ................................................................................................................................................. 18

3. BILINGUAL PAY. ................................................................................................................................................. 19

4. NOTARY PAY. .................................................................................................................................................... 19

5. ACTING PAY. ..................................................................................................................................................... 19

6. CONFIDENTIAL PAY. ............................................................................................................................................ 20

7. MISCELLANEOUS EMPLOYEE LONGEVITY PAY. .......................................................................................................... 20

8. BIOHAZARD/HOMELESS ENCAMPMENT CLEANUP PAY. .............................................................................................. 21 ARTICLE 8 HOURS OF WORK ......................................................................................................................... 21 ARTICLE 9 OVERTIME AND COMPENSATORY TIME OFF ................................................................................ 22

1. 5/40 WORK SCHEDULE. ...................................................................................................................................... 22

2. ALTERNATIVE WORK SCHEDULES. .......................................................................................................................... 22

3. EMPLOYEE-REQUESTED FLEXTIME. ........................................................................................................................ 22

4. PAID LEAVE CONSIDERED HOURS WORKED. ............................................................................................................ 22

5. OVERTIME CREDITED AS CTO. .............................................................................................................................. 22

6. ABOVE CTO LIMIT.............................................................................................................................................. 23

7. CTO CASH-OUT. ............................................................................................................................................... 23

8. RESTORING LEAVE CAPS. ..................................................................................................................................... 23 ARTICLE 10 ELIGIBLE PAID LEAVE CASH-OUT ................................................................................................... 24 ARTICLE 11 STANDBY AND CALL-OUT PROCEDURES ....................................................................................... 24

1. PUBLIC WORKS MAINTENANCE DIVISION. ............................................................................................................... 24

2. INFORMATION TECHNOLOGY DIVISION. .................................................................................................................. 25 ARTICLE 12 VACATION LEAVE ......................................................................................................................... 27

1. VACATION ACCRUAL. .......................................................................................................................................... 27

2. MAXIMUM ACCUMULATION. ................................................................................................................................ 27 3 VACATION LEAVE CASH-OUT. ............................................................................................................................... 27

4. HOLIDAY DURING VACATION. ............................................................................................................................... 28

5. ILLNESS DURING VACATION. ................................................................................................................................. 28

6. SEPARATION FROM SERVICE. ................................................................................................................................ 28

7. UPON DEATH. ................................................................................................................................................... 28

1. UNIFORM ALLOWANCES. ..................................................................................................................................... 28

2. OTHER UNIFORMS. ............................................................................................................................................. 29

3. WORK BOOTS. ................................................................................................................................................... 29

4. CONSEQUENCES FOR FAILURE TO WEAR REQUIRED UNIFORM. .................................................................................... 29

1. CLASSIC MISCELLANEOUS EMPLOYEE BENEFITS. ....................................................................................................... 24 2 PEPRA NEW EMPLOYEES. ................................................................................................................................... 24 ARTICLE 15 MEDICAL & DENTAL INSURANCE .................................................................................................. 24

1. CORE FLEX PLAN. ............................................................................................................................................... 24

2. FLEXIBLE BENEFIT OPTIONS. ................................................................................................................................. 25

1. LIFE INSURANCE. ................................................................................................................................................ 25

2. 457 DEFERRED COMPENSATION PLAN. .................................................................................................................. 25 ARTICLE 17 SUPPLEMENTAL INSURANCE ........................................................................................................ 25 ARTICLE 18 MILEAGE REIMBURSEMENT ......................................................................................................... 26 ARTICLE 19 WORKERS’ COMPENSATION COVERAGE ...................................................................................... 26 ARTICLE 20 STATE DISABILITY INSURANCE COVERAGE ................................................................................... 26

1. STATE DISABILITY INSURANCE. .............................................................................................................................. 26

1. PAYROLL STATUS. ............................................................................................................................................... 26

2. CONTINUATION OF CITY-PAID INSURANCE PREMIUMS. .............................................................................................. 27

1. EMPLOYEE OPTIONS REGARDING SDI MEDICAL LEAVE. ............................................................................................. 28

2. MEDICAL LEAVE WHILE ON WORKERS’ COMP/SDI. .................................................................................................. 28

3. HOW A SUPPLEMENT IS TREATED. ......................................................................................................................... 28

4. PAID LEAVE ACCRUAL. ......................................................................................................................................... 29

1. RECOGNIZED HOLIDAYS. ...................................................................................................................................... 31

2. OBSERVANCE. .................................................................................................................................................... 31 3 HOLIDAY TIME OFF. ............................................................................................................................................ 31 4 HOLIDAY TIME OFF USAGE................................................................................................................................... 32 5 HOLIDAY LEAVE BALANCE. ................................................................................................................................... 32

6. RESTORING LEAVE CAPS. ..................................................................................................................................... 32 ARTICLE 26 REIMBURSEMENT FOR EDUCATION OR TRAINING ....................................................................... 33 79 3

1. APPROVAL. ....................................................................................................................................................... 33

2. REIMBURSEMENT. .............................................................................................................................................. 33 ARTICLE 27 PROBATIONARY PERIOD .............................................................................................................. 33 ARTICLE 28 PERFORMANCE EVALUATIONS ..................................................................................................... 34

1. ANNUAL PERFORMANCE EVALUATION. ................................................................................................................... 34

2. PURPOSE. ......................................................................................................................................................... 34 3 PROCEDURE. ..................................................................................................................................................... 34 4 MERIT INCREASES. .............................................................................................................................................. 34 ARTICLE 29 GRIEVANCE PROCEDURE .............................................................................................................. 34 ARTICLE 30 DISCIPLINARY ACTION .................................................................................................................. 34 ARTICLE 31 CONTRACTING OUT ...................................................................................................................... 35 ARTICLE 32 EMPLOYEE ASSISTANCE PROGRAM .............................................................................................. 35 ARTICLE 33 LAYOFF AND REEMPLOYMENT ..................................................................................................... 35 ARTICLE 34 GENERAL PROVISIONS .................................................................................................................. 36

1. SEVERABILITY. .................................................................................................................................................... 36

2. FULL UNDERSTANDING. ....................................................................................................................................... 36 3 NO REQUIREMENT TO MEET AND CONFER. ............................................................................................................. 36 4 REOPENERS. ...................................................................................................................................................... 37 5 SAVINGS CLAUSE. ............................................................................................................................................... 37

6. NO STRIKE/LOCKOUT. ......................................................................................................................................... 37

7. SUCCESSOR AGREEMENT. .................................................................................................................................... 38

8. DISTRIBUTION OF AGREEMENT. ............................................................................................................................. 38

9. EFFECTIVE DATE. ................................................................................................................................................ 38

80 4

MEMORANDUM OF UNDERSTANDING

BETWEEN THE CITY OF SUISUN CITY AND

THE SUISUN CITY EMPLOYEES ASSOCIATION
SEIU LOCAL 1021 AFL-CIO CLC

INTRODUCTION

The Parties agree as follows:

ARTICLE I1 RECOGNITION

1. Job Classes Represented.

Represented Job Classes
Account Clerk I/II-I
Account Clerk I/II-II
Account Clerk III
Accounting Technician
Administrative Assistant I/II-I
81 5
Administrative Assistant I/II-II
Building Maintenance Worker I/II-I
Building Maintenance Worker I/II-II
Building Inspector I/II-I
Building Inspector I/II-II
Community Services Officer I/II-I
Community Services Officer I/II-II
Computer Technician
Fleet Mechanic
Housing Specialist I/II-I
Housing Specialist I/II-II
Human Resources Technician (C)
Maintenance Worker I/II-I
Maintenance Worker I/II-II
Office Assistant
Permit Technician I
Permit Technician II
Police Evidence and Property Technician I/II - I
Police Evidence and Property Technician I/II - II
Public Safety Dispatcher I/II-I
Public Safety Dispatcher I/II-II
Public Works Inspector
Recreation Program Administrative Coordinator
Recreation Coordinator
Senior Account Clerk
Senior Maintenance Worker
Senior Public Safety Dispatcher
Youth Services Specialist

2. Human Resources Technician.

3. Future Additional Job Class Determination.

4. Temporary/Limited-Service Positions.

It is agreed that Temporary Employees, Part-Time Employees, Emergency Employees, Volunteer Employees, and contractors are not governed by this Agreement and are not represented by SCEA. Employees who work less than full time are not represented by SCEA. If an Employee who 82 6
had occupied a Temporary, Provisional, or grant-funded Position is subsequently hired into the same job class as a Regular Employee, he/she shall be placed in the step level nearest to but not lower than his/her last Pay Rate as a Temporary, Provisional, or grant-funded Employee.

5. Classification Study.

The City will conduct a classification study of the Maintenance Worker II. The City will not fill vacancies in the Maintenance Worker II classification until the classification study has been completed two represented employees in the Administrative Assistant II classification, as of June 30, 2023. The City agrees to meet and confer with the Association on implementation of the results of the studies.

ARTICLE II2 CITY RIGHTS

A. The right to hire and fire.

B. The right to determine the mission of its constituent departments, divisions, commissions, and boards.

C. The right to set standards of service and municipal fees and charges.

E. The right to direct its Employees.

F. The right to discharge or suspend Employees for just cause and take other disciplinary actions against its Employees as set forth herein.

G. The right to relieve its Employees from duty because of lack of work or other legitimate reasons.

H. The right to maintain the efficiency of governmental operations.

83 7
I. The right to determine the methods, means, and staffing to conduct governmental operations.

J. The right to determine and re-determine job content and job classifications.

L. The right to take all necessary actions to carry out the mission of the City, its constituent departments, divisions, or commissions and boards in cases of emergencies.

M. The right to exercise complete control and discretion over its organization and the technology of performing its work.

ARTICLE III3 EMPLOYEE RIGHTS

ARTICLE IV4 PERSONNEL RULES AND REGULATIONS

ARTICLE V5 NO DISCRIMINATION

84 8
It is agreed that neither SCEA, nor the City shall discriminate against any Employee because of race, national origin, gender, SCEA membership, protected concerted SCEA activity, or refusal to join SCEA.

ARTICLE VI6 DUES, FEES, INSURANCE CHECK OFFASSOCIATION ACCESS

ARTICLE VII UNION ACCESS

85 9
1) Formally meeting and conferring with representatives of the City on matters within the scope of representation;

3) Testifying or appearing as the designated representative of the Union in matters before a personnel or merit commission.

1) SCEA shall reimburse the City for all compensation paid to the employee on leave.

Reimbursement by SCEA shall be made on or before thirty (30) days after receipt of the City’s certification of payment of compensation to the employee.

C. Compensation for release time under this provision shall not exceed the employee Stewards’ standard schedule of hours per day and shall not include compensation for overtime.

6. New Employee Orientation & Contact Information. All Employees will receive a New Employee Orientation within their first five (5) regular Workdays of employment with the City. The New Employee Orientation will be presented by Human Resources Division staff members at a time and place determined by the City. The purpose of this orientation is to review and complete required payroll, insurance benefits, and similar required documentation; to train the Employee regarding City and/or Departmental policies, procedures, and specific requirements of the position; and to provide other necessary information. At no time during the orientation shall a City or SCEA representative provide derogatory information or advocacy about the other.

87 11
A. The City will provide SCEA Chapter President and SEIU Field Representative notice of a pending New Employee Orientation within one (1) business day of the execution of an employment offer letter.

B. One (1) SCEA representative, officer, steward, or member will be provided an opportunity for a 15- minute private session with the new Employee during the New Employee Orientation. SCEA may provide written information to be included with the orientation materials, in lieu of such a private session. Two (2) business days prior to the New Employee Orientation, SCEA will provide to Human Resources the name and the contact information of its participating representative. The City and SCEA will mutually agree to a suitable time during the New Employee Orientation for SCEA’s private meeting with the new Employee.

Such private meeting will occur at the same location as the New Employee Orientation.

C. Within 30 days of hire, and monthly thereafter, the City will provide SCEA/SEIU 1021 Membership Department with Employee contact information in electronic format as required by State law for all represented Employees.

2. Name

3. Home Address

4. Classification/Job Title

5. Department

6. Work Location

7. Work, home and personal cellular telephone numbers

8. Personal and work e-mail addresses

D. Notwithstanding the foregoing, the City will not make any disclosures prohibited under Government Code sections 6254.3(c) & 6254.3 (a)(3).

1. SCEA Business.

2. Work Locations.

The authorized SCEA Business Agent, if any, shall be given access to work locations during working hours, provided that prior to visiting any work location the SCEA representative notifies the City.

3. Shop Stewards.
88 12
In addition to the president, two stewards shall be appointed by the SCEA as alternate representatives to assist in resolving workplace issues and other representational duties including but not limited to Grievances.

1) Formally meeting and conferring with representatives of the City on matters within the scope of representation;

3) Testifying or appearing as the designated representative of the Union in matters before a personnel or merit commission.

1) SCEA shall reimburse the City for all compensation paid to the employee on leave.

Reimbursement by SCEA shall be made on or before thirty (30) days after receipt of the City’s certification of payment of compensation to the employee.

C. Compensation for release time under this provision shall not exceed the employee Stewards’ standard schedule of hours per day and shall not include compensation for overtime.

Compensation shall include retirement fund contributions required of the City as an employer. The employee shall earn full-service credit during the leave of absence and shall pay his or her member contributions. The leave of absence without loss of compensation or other benefits provided for by this section is in addition to the release time without loss of 89 13
compensation or other benefits granted to representatives of SCEA under applicable laws or this MOU.

4. Release Time.

The City may grant a total of sixteen (16) hours of paid time for the president and two stewards to attend training scheduled during the Employee’s normal working hours. Those hours may be split among the three SCEA officials at SCEA’s discretion. The SCEA will be responsible for overseeing the time used and calculating the time remaining. The SCEA must notify the Department Head and Human Resources with each approved time off request. The SCEA president shall submit written requests for release time to the Employee’s immediate supervisor. The supervisor’s decision to approve will be based on the operational needs of the City. The Employee and SCEA president will certify the Employee’s attendance. Unused training hours may accrue to a maximum of thirty-two (32) hours.

5. Labor/Management Committee.

The City and the SCEA agree to set up a Labor/Management Committee to encourage open communication, to promote harmonious relations, and to resolve matters of mutual concern. The committee will meet quarterly or as mutually agreed to by the Parties. The Committee will be composed of one representative from the City, one representative from the SCEA, and the SCEA 90 14
Business Agent, if any. The meetings are informal and are not intended to be for discussion of issues handled under other provisions herein such as grievances, disciplinary actions, or negotiations.

6. Employee Orientation & Contact Information.

A. The City will provide SCEA Chapter President and SEIU Field Representative notice of a pending New Employee Orientation within one (1) business day of the execution of an employment offer letter.

Such private meeting will occur at the same location as the New Employee Orientation.

A.C. Within 30 days of hire, and annually thereafter, the City will provide SCEA with Employee contact information, including name, job title, department, work location, work, home and personal cellular telephone numbers, personal email addresses on file with the City, and home address, in electronic format as required by State law for all represented Employees.

7. Dues Deduction.

SCEA hereby certifies that SCEA has and shall maintain all such deduction authorizations signed by 91 15
the individual from whose salary or wages the deduction is to be made and shall not be required to provide a copy of an individual authorization to the City unless a dispute arises about the existence or terms of the authorization. Accordingly, SCEA membership dues shall be deducted over 26 pay periods in accordance with the City procedures and provisions of applicable law from the salary of each employee whose name is provided by SCEA. Such deduction shall be made only when the SCEA member’s earnings for the subject pay period are sufficient after other legally required deductions are made.

ARTICLE VIII7 COMPENSATION

A. Miscellaneous. The City will provide a $2.00 per hour non-pensionable premium pay on top of the base pay rate for all represented miscellaneous job classes (except Dispatch classifications) up through and until May 25, 2023.

B. Dispatch Classifications. The City will provide a $4.00 per hour non-pensionable premium pay on top of the base pay rate for all represented dispatch job classes up through and until May 25, 2023.

C. Premium increases will be effective retroactively to July 1, 2021, if the Tentative Agreement is ratified and signed by Union at least one day prior to the City Council meeting scheduled for July 6, 2021. Alternatively, the premium increase will be effective the first full pay period after City Council adoption of the Tentative Agreement.

D. Payments will be made on a bi-weekly basis. All the hourly increases authorized herein will sunset June 30, 2023.

E. The previously provided Critical Staffing Retention and Recruiting Pay sunset/expired on June 30, 2021 and shall not be included in this successor MOU. 92 16

F. Miscellaneous. Effective May 26, 2023, the City will provide base hourly wage increases of $2 per hour to the wage range for all represented miscellaneous job classes (except Dispatch classifications) and base hourly wage increases of $2 per hour to the employee’s position within that range for the following represented miscellaneous job classes:

G. The City’s base wage increases provided herein to the employee’s position within the range will decrease the differential between steps to less than 5% as identified in the new alpha numerical salary ranges established for these classifications. The alpha salary range will be eliminated once all affected employees in the alpha numeric range reach top step, or through attrition, whichever comes first. The affected employees in the alpha numeric ranges will be transitioned to the base numerical range once they reach the top step.

H. New hires starting May 26, 2023 or later, in the classifications affected by the additional hourly wage increases will be hired into the base numerical range for that classification which maintains a 5% differential between each step in the range.

I. Dispatch. Base hourly wage adjustments for all dispatch classes previously represented by SCEA will be addressed in the Second Amendment of the Police Officers’ Association (POA) MOU 2021-23 given the change in representation of Dispatchers from SCEA to SCPOA effective August 31, 2021.

Job Class
Monthly
Salary Prior
to the Base
Wage
Adjustments
Effective
5/26/2023
Base Wage
Increase
Effective
5/26/2023
Approx. %
of Base
Wage
Increase
Eff.
5/26/2023
Approx.

Monthly
Salary Eff.
5/26/2023
Approx.

Proposed
Wage
Adjustment
(Rounded 3
decimal points)
Approx. New
Monthly Top
Step
Approx.

Monthly
Salary Eff.
5/26/2023
Approx.

Proposed
Wage
Adjustment
(Rounded 3
decimal points)
Approx. New
Monthly Top
Step
Approx.

Total %
Change
Administrative Assistant II* $5,432 $2/hour 6.4% $5,779 1.596% $5,871 8.1% Building Inspector I $6,095 $2/hour 5.7% $6,442 -3.102% $6,242 2.4% Building Inspector II* $6,703 $2/hour 5.2% $7,049 -2.596% $6,866 2.4% Building Maintenance
Worker I $4,498 $2/hour 7.7% $4,844 5.281% $5,100 13.4% Building Maintenance
Worker II* $4,947 $2/hour 7.0% $5,294 5.979% $5,610 13.4% Code Enforcement Officer I $5,432 $2/hour 6.4% $5,779 3.096% $5,958 9.7% Code Enforcement Officer
II* $5,702 $2/hour 6.1% $6,048 8.346% $6,553 14.9%
Community Services Officer
I $4,451 $2/hour 7.8% $4,797 10.720% $5,311 19.3%
Community Services Officer
II* $4,898 $2/hour 7.1% $5,244 11.407% $5,843 19.3%
Computer Technician* $7,046 $2/hour 4.9% $7,392 0.000% $7,392 4.9% Fleet Mechanic* $5,193 $2/hour 6.7% $5,540 -2.013% $5,428 4.5% Housing Specialist I $5,432 $2/hour 6.4% $5,779 1.282% $5,853 7.7% Housing Specialist II* $5,702 $2/hour 6.1% $6,048 6.440% $6,438 12.9% Human Resources
Technician I $5,976 $2/hour 5.8% $6,323 4.445% $6,604 10.5% Maintenance Worker I $4,498 $2/hour 7.7% $4,844 18.138% $5,723 27.2% Maintenance Worker II* $4,947 $2/hour 7.0% $5,294 18.921% $6,295 27.3% Office Assistant $4,245 $2/hour 8.2% $4,592 6.545% $4,892 15.3% Permit Technician I n/a n/a n/a n/a n/a $5,791 n/a
Permit Technician II $5,976 $2/hour 5.8% $6,323 0.744% $6,370 6.6% Police Evidence and
Property Technician I $4,451 $2/hour 7.8% $4,797 10.720% $5,311 19.3% Police Evidence and
Property Technician II* $4,898 $2/hour 7.1% $5,244 11.407% $5,843 19.3% Public Works Inspector* $6,781 $2/hour 5.1% $7,128 0.188% $7,141 5.3% Recreation Coordinator $5,295 $2/hour 6.6% $5,642 2.251% $5,769 9.0% Senior Maintenance
Worker $5,193 $2/hour 6.7% $5,540 25.000% $6,925 33.4%
Youth Services Specialist $6,253 $2/hour 5.5% $6,600 10.656% $7,303 16.8%

Account Clerk I, Administrative Assistant II, Building Maintenance Worker I, Code Enforcement Officer II, Community Services Officer I, Computer Technician, Maintenance Worker I, Maintenance Worker II, Police Evidence and Property Technician II. The alpha salary range will be eliminated once the proposed base wage adjustments for the successor MOU are implemented. The affected employees in the alpha numeric ranges will be transitioned to the base numerical range assigned to their classification and will maintain their current step placement within the range, with the exception of the current incumbent 94 18
in the Computer Technician classification, who shall advance one pay step to avoid a negative salary adjustment as a result of implementing this provision. This shall not affect the incumbent Computer Technician’s anniversary date or future eligibility for merit increases.

B.C. Effective the last full pay period of June 2025, represented employees shall receive a two- point five (2.5%) percent Cost of Living Adjustment (COLA), condition precedent on if the City’s actual revenue for Fiscal Year 2023/24 exceed budgeted revenues for Fiscal Year 2023/24 by at least three (3%) percent.

2. Incentive Pay.

B. Authorized Incentive Pay for special education and certifications shall be as follows:

Department Job Class Number Amount
Public Works Certified Arborist 1 5%
Certified Heavy Equipment Operator/ 5 5%
Class A Driver
All Employees Covered by Agreement for an AA Degree or Higher 8 3%

C. One Employee fluent in Spanish, Tagalog or other language, the use of which the City Manager has determined to be of benefit to the City (based on the recommendation of the 95 19
Police Chief), shall be paid Bilingual Incentive Pay of $46.15 per pay period upon written approval by the City Manager.

3. Bilingual Pay.

One An Employee fluent in Spanish, Tagalog or another language, the use of which the City Manager has determined to be of benefit to the City (based on the recommendation of the applicable department director), shall be paid Bilingual Incentive Pay of $46.15 50.00 per pay period upon written approval by the City Manager.

In the case of Bilingual Incentive Pay, fluency shall be certified by a test administered through the Human Resources office. In order to become certified, an Employee must achieve a score of at least nine (9) on a scale of twelve (12). A certified Employee shall request Bilingual Incentive Pay on a form approved by the City Manager. Employees shall may be required to recertified recertify bilingual proficiency at least once every two years. Employees requesting bilingual pay may not take the bilingual proficiency exam more than twice in a year, after a 90-day waiting period.

4. Notary Pay.

5. Acting Pay.

Employees covered by this Agreement shall receive Acting Pay under the following conditions:

A. Employees must qualify to receive Acting Pay when assigned in writing to by acting in thea higher job class and performing to perform substantially the full range of duties and responsibilities of the higher job class for a minimum period of two weeks. The qualifying period may be satisfied one full workday at a time.

Employees who have met this requirement after July 1, 2001, and who are recommended by their supervisor and Department Head may be certified as having met the qualifying period.

B. Employees who are certified assigned to act in a higher job class will receive Acting Pay in an amount of at least 5.0 percent and no more than 10.0 percent of their current salary whenever when they are assigned to act in the higher job class for a minimum of two consecutive weeks, retroactive to the first day of the assignment, while performing substantially the full range of duties and responsibilities of the higher job class.

C. In order to receive Acting Pay, there must exist a budgeted position, the assignment must be made in writing, and Eemployees must meet the minimum qualifications of the higher job class, and Eemployees may not refuse to perform any duty or responsibility of the higher job class. Exceptions to meeting the minimum qualifications of the higher job class may be 96 20
made on a case-by-case basis, depending on the operational need, with concurrence between the department head and Human Resource, subject to City Manager approval.

D. Acting Pay shall not be applied to a request to cash-out any form of paid leave, or payment for paid leave hours on the books at time of separation.

4. Nighttime Hours Differential. The City will provide a Nighttime Hours Differential equal to

2.5% of the base salary for employees working in the classes of Public Safety Dispatcher I/II or Senior Public Safety Dispatcher who are assigned to work any payable amount of time (to the nearest 15 minutes) between the hours of 7 p.m. and 7 a.m., which is also referred to as the shift premium period.

1. The Nighttime Differential shall not be paid to any day shift personnel, unless approved by the night shift supervisor to cover a vacancy or if such hours are part of their regularly scheduled shift.

B. The Nighttime Differential shall be payable only for time worked during the shift premium period and shall not be paid for non-work time, such as sick leave, vacation or other paid leave.

2.6. 5Confidential Pay.

Currently, the incumbents in the Accounting Tech (assigned to payroll) and the Administrative Assistant II (assigned to Police Department), hired prior to July 30, 2019, receives a 3% pay differential to be added to the employee’s base pay. The Confidential Pay Program will end once the current two incumbents vacates these two positions.

6. Pay Adjustments. A salary adjustment will be provided to the Building Maintenance Worker classification series as follows:

1. Building Maintenance Worker I will receive a 10% salary increase, for internal equity with Maintenance Worker I.

2. Building Maintenance Worker II will receive a 10% salary increase, for internal equity with Maintenance Worker II.

7. Miscellaneous Employee Longevity Pay.

97 21
B. Effective the first pay period in July 2024, upon the completion of five (5) years of continuous full-time City service, represented employees shall be entitled to a two (2%) percent increase in compensation; employees who complete ten (10) years of continuous full-time City service, represented employees shall be entitled to two (2%) percent increase in compensation; employees who complete fifteen (15) years of continuous full-time service shall be entitled to an additional two (2%) percent increase in compensation (for a total of six (6%) percent).

3.8. Biohazard/Homeless Encampment Cleanup Pay.

ARTICLE IX8 HOURS OF WORK

1. Attendance.

Employees shall be in attendance at their workstation in accordance with departmental schedules unless on approved leave.

2. Work Schedules.

At the discretion of the City, Regular, Full-Time Employees shall be assigned to one of the following work schedules:

C. Employees shall not be scheduled to work more than seven consecutive days without two scheduled days off, except in emergency situations.

D. Employees assigned to an Alternative Work Schedule may have the start of the workweek changed in accordance with the requirements set forth in the Fair Labor Standards Act.

98 22
E. Employees may temporarily flex their schedules with the prior approval of their Department Head, so long as the new schedule meets the City’s needs and the Employee works a full schedule or makes up the shortfall with paid leave.

F. All paid leave (Sick Leave, Vacation Leave, Holiday Leave, and CTO) shall be charged to the Employee’s paid leave balance(s) for all hours not worked up to the scheduled hours for that day(s). For example, if an Administrative Assistant is off sick on a 9.0-hour day, that Employee’s Sick Leave balance would be reduced by 9.0 hours for that absence. Similarly, if a Holiday falls on a nine (9).0-hour Workday, the Employee would receive eight (8).0 hours of Holiday Time Off and the balance of one (1).0 hour may be made up through use of Vacation Leave, Holiday Leave, or CTO. Sick Leave may not be used to make up for Holiday Time Off shortfalls.

3. Conflict with FLSA.

The City and SCEA acknowledge that where this Article may conflict with the Fair Labor Standards Act, the Act shall take precedence.

4. Breaks.

All Employees shall be entitled to receive a 15.0-minute break for every 4.0 hours of work or major fraction thereof.

ARTICLE X9 OVERTIME AND COMPENSATORY TIME OFF

The following procedures shall apply to Overtime and Compensatory Time Off (hereinafter “CTO”):

1. 5/40 Work Schedule.

For all Employees assigned to a 5/40 work schedule, all work performed in excess of forty (40).0 hours in a workweek or eight (8).0 hours in a day, that was approved in advance by the Department Head (except emergency Overtime associated with a Call Out), shall be paid at one and one-half times the Employee's regular pay.

2. Alternative Work Schedules.

Employees on a 4/10 or a 9/80 Alternative Work Schedule shall not be eligible for Overtime until they have worked a full scheduled Workday.

3. Employee-Requested Flextime.

In the event of pre-approved, Employee-requested flextime, Employees shall not be eligible for Overtime until they have worked a full scheduled workweek.

4. Paid Leave Considered Hours Worked.

For purposes of Overtime computation, all paid time including Sick Leave, Vacation Leave, Holiday, and CTO shall be considered hours worked.

5. Overtime Credited as CTO.
99 23
Except as provided in Section 6 of this Article, Overtime worked may be credited as CTO or be paid as Overtime at the discretion of the Employee. CTO will be credited at a rate of one and one-half times the Overtime hours worked. The maximum accumulation of CTO is as follows:

A. Under five years of City service: 80.0 hours;

B. Five to under ten years of City service: 90.0 hours;

C. Ten to under 15 years of City service: 100.0 hours;

D. 15 years and over of City service: 120.0 hours;

E. Any Overtime worked in excess of these limits shall be compensated on a paid basis.

6. Above CTO Limit.

If an Employee is at or above the CTO limit, he/she will prospectively only get paid Overtime (as opposed to CTO) for Overtime worked. Once the CTO balance has been reduced by forty (40).0 hours below the limit, an Employee will again be allowed to accrue CTO as opposed to receiving Overtime pay. Upon separation of service, an Employee is entitled to receive the cash value of all accrued CTO.

7. CTO Cash-Out.

Employees are allowed to cash-out a maximum of 40.0 sixty (60) hours of CTO each January. The Finance Department will send out a request form, in November of the preceding year, that includes written verification of each Employee’s current CTO balance. Employees may make an irrevocable request for the upcoming calendar year January cash-out of accrued CTO by filling out and signing the form provided by Finance. The form must be submitted to Finance by the date provided on the form which must be in the calendar year preceding the January cash-out.

8. Restoring Leave Caps.

24 employees time to sufficiently reduce their leave accruals to avoid future loss of accruals when the hard cap is imposed.

ARTICLE XI10 ELIGIBLE PAID LEAVE CASH-OUT

As an alternative to CTO Cash-Out, employees are allowed to elect to cash-out a maximum of

40.0 sixty (60) hours of Eligible Paid Leave in November of the calendar year preceding such cash- out. The Finance Department will send out a request form, in November of the preceding year, that includes written verification of each Employee’s current Eligible Paid Leave balances.

ARTICLE XII11 STANDBY AND CALL-OUT PROCEDURES

1. 1. Public Works Maintenance Division.

A. 2. Those Employees scheduled for weekend Standby (from the end of the Workday on the last day of the regular workweek to the start of the Workday at the beginning of the next workweek) will receive 2 four (4) hours of Standby Pay per day at the employee’s regular rate of pay.

B. 3. Those Employees scheduled for Holiday Standby (from 12.00am to 11.59pm on recognized City Holiday) will receive 2 six (6) hours of Standby Pay per day at one and one half (1-1/2) times the employee’s regular rate of pay.

C. 4. In the event of a Call Out, the Employee shall be paid for a minimum of two (2).0 hours of time at the appropriate pay rate or receive equivalent CTO, at the Employee’s option. In the event that the work for which the Employee has been called out takes fewer than two (2).0 hours, the Employee may opt to work a lesser amount of time and receive 101

25 compensation or time off for the actual time worked, with a minimum of one-half hour and rounded to the nearest one-half hour. If, by department policy, permission from a supervisor is necessary prior to leaving work, such permission shall be obtained.

D. 5. Those Employees scheduled for Standby Duty agree to be “available” for Call Out for the day or days scheduled. It shall be the responsibility of the Employee to be available by either pager or phone, as specified by departmental policy, and to respond to the phone call and arrive at the worksite in accordance with departmental policy.

E. 6. All Employees scheduled for Public Works Standby Duty shall be properly trained on the Call-Out procedures and in the operation of all equipment required for Standby Duties.

F. 7. Standby Duty schedules shall be assigned in accordance with departmental policy.

Employees will be given the opportunity to volunteer for Standby Duty. Such indications will be considered by the department when making assignments for Standby Duty but shall not be binding.

G. 8. Any Employee, who has been scheduled for Standby Duty and either fails to be “available” or fails to report for work once notified, shall be subject to disciplinary action.

H. 9. Employees may request that their supervisor consider trading or rescheduling their Standby Duty assignment with another Employee. The supervisor shall retain the option of releasing the Employee from the scheduled Standby Duty assignment.

I. 10. An Employee shall not be required to work more than one week of Standby Duty assignment at a time without the mutual agreement of the Employee and the supervisor.

J. 11. In the event a Call Out occurs which requires the Employee to work any amount of time between 12:00am and 11:59pm of a holiday, the Employee shall be paid for a minimum of two (2).0 hours of time at one point five (1.5) times their hourly rate of or receive equivalent CTO, at the Employee’s option.

A. Example: Call Out begins at 11:30pm and ends at 1:30am, Employee receives two (2) hours of pay at one point five (1.5) times their hourly rate.

2. Information Technology Division.
102

26 The following procedures shall apply exclusively to Standby and Call-Out assignments for the Computer Technician assigned to the Information Technology Division, where all covered Employees may be required to make themselves available for a proportionate share of weekend Standby duty:

B. Those Employees scheduled for Holiday Standby (from 12.00 am to 11.59 pm on recognized City Holiday) will receive six (6) hours of Standby Pay per day at one and one half (1-1/2) times the employee’s regular rate of pay.

E. Standby Duty schedules shall be assigned in accordance with departmental policy.

Employees will be given the opportunity to volunteer for Standby Duty. Such indications will be considered by the department when making assignments for Standby Duty but shall not be binding.

F. Any Employee who has been scheduled for Standby Duty and either fails to be “available” or fails to report for work once notified, shall be subject to disciplinary action.

103

27 i. Example: Call Out begins at 11:30pm and ends at 1:30am, Employee receives two (2) hours of pay at one point five (1.5) times their hourly rate.

ARTICLE XIII12 VACATION LEAVE

Use of Vacation Leave requires prior written approval by the Department Head or designee.

1. Vacation Accrual.

A. For the First Five Years of Service. Employees shall earn and be credited with Vacation Leave at the rate of eighty (80).0 hours for those working 40.0 hours per week or a 9/80 schedule per pay period per year.

B. Commencing with the Sixth Year. Employees shall earn and be credited with Vacation Leave at the rate of one hundred and twenty (120).0 hours for those working forty (40).0 hours per week or a 9/80 schedule per pay period per year.

C. Commencing with the Eleventh Year. Employees shall earn and be credited with Vacation Leave at the rate of one hundred and sixty (160).0 hours for those working forty (40).0 hours per week or a 9/80 schedule per pay period per year.

D. Commencing with the Sixteenth Year. Employees shall earn and be credited with Vacation Leave at the rate one hundred and eighty-four (184).0 hours for those working forty (40).0 hours per week or a 9/80 schedule per pay period per year.

2. Maximum Accumulation.

Employees with fifteen (15) or fewer years of service with the City may accumulate up to a maximum of two hundred and forty (240).0 hours of Vacation Leave. Employees with over fifteen (15) years of service with the City may accumulate up to a maximum of three hundred and twenty (320).0 hours of Vacation Leave. Under exceptional circumstances, such as heavy workloads or staffing shortages, the City Manager may authorize the accumulation of additional Vacation Leave. If an Employee is at the limit, he/she must request to take Vacation Leave off. If a written request to do so is disapproved, the limit may be increased by the City Manager. Failure to request time off will result in stopping the accrual of Vacation Leave until the balance is reduced by 40 hours.

3 Vacation Leave Cash-Out.
104

28 Employees may not cash out Vacation Leave except as authorized annually under Eligible paid Leave Cash-Out or upon leaving City Service.

4. Holiday During Vacation.

An Employee will not be charged 8.0 hours of Vacation Leave for a Holiday that occurs during his/her Vacation Leave.

5. Illness During Vacation.

6. Separation From Service.

Upon separation from service, an Employee is entitled to receive the cash value of all accrued Vacation Leave.

7. Upon Death.

When separation is caused by death, payment equivalent to accrued Vacation Leave shall be made to the Employee's estate.

8. Restoring Leave Caps.

ARTICLE XIV13 UNIFORMS AND UNIFORM ALLOWANCES

1. 1. UnUn iform Allowances.

Annually the City shall pay those Employees required to wear uniforms in the performance of their duties as follows:

Job Class Total
Senior Public Safety Dispatcher $900.00
Public Safety Dispatcher I/II $900.00 Community Services Officer I/II $900.00
105

29 Police Evidence and Property Technician I/II $900.00

Uniform allowance will be paid on the regular paychecks of pro-rata basis, equally divided across each of the 26 pay checks.

2. Other Uniforms.

During the term of this Agreement, the City shall continue to supply Maintenance Workers and Building Maintenance Workers with the required uniform components as determined by the Public Works Director in a written departmental policy., and t The Administrative Assistant I/II assigned to the Fire Department with will receive required uniform components as determined by the Fire Chief in a written departmental policy. The Administrative Assistant I/II assigned to the Police Department will receive required uniform components as determined by the Police Chief in a written departmental policy.

3. Work Boots.

Building Maintenance Worker I/II
Code Enforcement Officer I/II
Maintenance Worker I/II
Senior Maintenance Worker

4. Consequences for Failure to Wear Required Uniform.

24 boots, the Maintenance Worker shall be subject to progressive discipline and such discipline shall not be considered “discrimination or retaliation” pursuant to California Labor Code Section 132a.

5. Prescription Safety Glasses.

Employees required to wear safety glasses will be eligible for up to three hundred dollars ($300.00) reimbursement each fiscal year, if required to wear prescription safety glasses.

Employees must submit a receipt with their request for reimbursement.

ARTICLE XV14 RETIREMENT BENEFITS

1. Classic Miscellaneous Employee Benefits.

Except as provided in Section 2 of this Article, retirement benefits for represented Employees shall be as provided below:

A. CalPERS Benefits. The City agrees to provide the two (2%).0 percent at fifty-five (55) CalPERS Retirement Plan, including the 1959 Survivor's Benefit Level 3, for Miscellaneous Employees.

The City shall pay the Employer’s contribution. The employee shall pay the Employee’s contribution as established by CalPERS.

B. One-Year Final Compensation. The City provides one-year final compensation pursuant to Government Code Section 20042.

C. Sick Leave Conversion. The City provides Credit for Unused Sick Leave pursuant to Government Code Section 20965.

D. All miscellaneous employees covered by this Tentative Agreement and the successor MOU will receive an increase to their base hourly rate of 7.5 percent in exchange for Classic miscellaneous employees paying the full employee contribution along with PEPRA employees as soon as practicable after CalPERS approval of the EPMC change.

2 PEPRA New Employees.

ARTICLE XVI15 MEDICAL & DENTAL INSURANCE

1. Core Flex Plan.

The City will contribute the following a Core Flex Plan amounts toward the monthly premium cost for Employees enrolled in a City-sponsored Core Flex Plan: equivalent to the Kaiser Permanente Region 1 Premium for Employee, Employee plus one, and Employee plus Family, toward the monthly premium cost.

107

25 Time Period Employee Employee + One Employee + Family 7/1/21 through MOU Term $813.64 $1559.72 $2027.64
Or the equivalent of the Kaiser Permanente Region 1 premium cost, whichever is greater.

Should the health plan premium cost, selected by the employee, be less than the Kaiser Permanente Region 1 premium cost be less that the amounts listed above, the City shall pay no more that the full cost of the Kaiser Permanente rate, with the difference between the cost of the selected health plan premium and the maximum provided by the city eligible to be applied toward the cost of vision and dental premiums for employees who select Kaiser Permanente.

2. Flexible Benefit Options.

The City agrees to provide a five hundred dollar ($500.00) per month (employee only) and seven hundred dollar ($700.00) per month (employee plus one or more dependents) as a Flexible Benefit Credit that may be used in lieu of the Core Flex Plan enrollment per Section 1 of this Article. The Flexible Benefit Credit may be divided among Dental and Vision Premiums, Flexible Spending Accounts, and Taxable Cash Option. An Employee must choose choosing the Flexible Benefit Options must establish eligibility by providing verification of enrollment in a group health plan and must reestablish eligibility annually for continued enrollment in the Flexible Benefit Options during the each Open Enrollment Period established in by the Suisun City Flexible Benefits Plan.

3. Restrictions.

ARTICLE XVII16 LIFE INSURANCE AND DEFERRED COMPENSATION

1. Life Insurance.

2. ICMA 457 Deferred Compensation Plan.

The City agrees to provide the ICMA a 457 Deferred Compensation Plan as an optional benefit to City Employees. The City will match the Employee’s contribution up to one hundred dollars ($100.00) per pay period, or up to twenty-six hundred dollars ($2,600.00) per fiscal year. The City’s match will be contributed to participating Employees on a pay-period basis, however, once annually participating Employees may contribute and the City will match an amount larger than one hundred dollars ($100.00), not to exceed the twenty-six hundred dollar ($2,600.00) fiscal year maximum.

ARTICLE XVIII17 SUPPLEMENTAL INSURANCE

108

26 The City has contracted with Colonial to replace Aflac for voluntary supplemental insurance benefits.

As of 7/1/2021, the City will no longer deduct Aflac payments via payroll deduction. Employees will have the option to continue their Aflac coverage on their own or can enroll in Colonial which will be administered by City payroll deductions. It shall be agreed that the City may choose different supplemental insurance providers from time to time as needed to provide such voluntary benefits in the best interests of the City.

ARTICLE XIX18 MILEAGE REIMBURSEMENT

ARTICLE XX19 WORKERS’ COMPENSATION COVERAGE

The City shall provide Workers’ Compensation Insurance coverage (hereinafter “Workers’ Comp”) for all Employees through its self-insured program.

ARTICLE XXI20 STATE DISABILITY INSURANCE COVERAGE

1. State Disability Insurance.

The City shall participate under the State Disability Insurance Program (hereinafter “SDI”) for employees represented by SCEA.

2. Payment of SDI Premiums.

SDI premiums shall be paid in full by all participating Employees.

ARTICLE XXII21 PAYROLL STATUS

1. Payroll Status.

Any Regular Employee shall be considered to be in a Payroll Status if the Employee is employed by the City under the one of the following conditions:

A. Working Full-Time.

B. Working Part-Time, at least a thirty (30) hour or greater workweek.

C. Working on a restricted or limited duty basis.

D. Off work due to an injury or illness covered under Workers’ Compensation.

E. Off work due to an injury or illness covered under State Disability Insurance. 109

27 F. Off work while on an approved leave of absence covered under the Family and Medical Leave Act (FMLA).

G. Off work while on an approved leave of absence covered under the California Family Rights Act (CFRA).

H. Off work while on an approved leave of absence covered under Pregnancy Disability Leave (PDL).

2. Continuation of City-Paid Insurance Premiums.

The City shall continue to contribute the City’s share of the health, and life, and dental insurance premiums on behalf of an Employee who is receiving Workers’ Comp/SDI benefits, as long as he/she is in a Payroll Status with the City or within the period provided in Chapter 10 of the Personnel Rules. An Employee is in a Payroll Status with the City, as long as he/she is using accrued Sick Leave, Vacation Leave, CTO, and/or Holiday Leave in conjunction with Workers’ Comp/SDI benefits to create the equivalent of his/her normal paycheck at least a thirty (30) hour or greater workweek, exclusive of Overtime.

3. Non-Payroll Status.

B. An Employee off work pursuant to Section 1, Subsection D. of this Articleon Workers’ Compensation, and who has insufficient accrued paid leave balances to create the equivalent of his/her normal paycheck at least a thirty (30) hour or greater workweek, exclusive of Overtime shall be considered in a Non-Payroll Status. The Employee will no longer accrue paid leave (Vacation, Sick, and Holiday); however, the City will continue to contribute the City’s share of health insurance premiums on the Employee’s behalf for a period of no more than 12 months from the date of injury. The City will continue to contribute life insurance premiums for employees in a non-payroll status.

28 Compensation/SDI benefits are non-taxable benefits, therefore shall not be used toward 457 plan contributions.

ARTICLE XXIII22 WORKERS’ COMP/SDI MEDICAL LEAVE

1. Employee Options Regarding SDI Medical Leave.

There are two three options available to an Employee who is otherwise eligible for SDI insurance benefits, which are as follows:

A. Option 1: Not applying for disability insurance benefits and using accrued Sick Leave, Vacation Leave, CTO, and/or Holiday Leave.

B. Option 2: Applying for disability insurance benefits and integrating accrued paid leaves with the SDI benefits. Such accrued paid leaves shall include Sick Leave, Vacation Leave, CTO, and/or Holiday Leave, in this order, unless the Employee provides written notice to the City to limit the integration to only accrued Sick Leave with SDI benefits. If Option 2 is elected, the Employee shall stipulate on the application for SDI benefits their Request for Leave (RFL) whether the Employee is integrating Sick Leave, and other leave accruals, with SDI benefits.

B.C. Option 3: Employees who apply for disability insurance, may provide the City with the supplemental benefits received by SDI, to be credited to a disability leave accrual account, which the City will then reissue to the Employee through payroll, enabling the Employee to remain on payroll status, so long as they are integrating accrued leave to create at least a thirty (30) hour or greater workweek, exclusive of Overtime.

C.D. The amount of supplement for any hour of any normal Workday shall not exceed the difference between one hundred (100%.0) percent of the Employee’s normal gross salary rate and the “weekly benefit amount”.

2. Medical Leave While on Workers’ Comp/SDI.

Employees who are off work on medical leave covered under Workers’ Comp or SDI may supplement their insurance coverage benefits to ensure that they receive up to one hundred (100%).0 percent of their normal pay, exclusive of Overtime.

3. How a Supplement is Treated.

The Employee shall receive up to one hundred (100%).0 percent of the Employee’s their gross salary rate including any regular hours worked and leave accruals to cover time off (Sick Leave, Vacation, CTO and/or Holiday Leave) until such time as the City is notified of the benefit paid to the Employee. The pay period following notification (normally the next pay period), the Employee will receive up to one hundred (100%).0 percent of Employee’s gross salary rate less the when combining the supplemental amount provided by Workers’ Comp/SDI with integrated leave. Upon deduction of the amount equal to the supplemental amount from the Employee’s gross pay, the Employee’s Sick Leave, Vacation Leave, CTO, and/or Holiday Leave shall be credited 111

29 to the Employee’s appropriate benefit accounts in an amount equal to the Employee’s hourly Pay Rate.

4. Paid Leave Accrual.

An Employee shall earn Sick Leave, and Vacation Leave, and Holiday Leave benefits during any full bi-weekly pay period in which the Employee receives Workers’ Comp/SDI benefits and is on Payroll Status. Furthermore, an Employee shall receive service credit including for seniority and merit step increases during such a period, as long as the Employee is in a Payroll Status with the City, as provided in Article XXII. Retirement service credit is determined by CalPERS.

5. Leave of Absence While on SDI.

ARTICLE XXIV23 SICK LEAVE

ARTICLE XXV FAMILY OR MEDICAL LEAVE

Rules regarding Family or Medical Leave are set forth in Section 10.2 of the Personnel Rules.

ARTICLE XXVI PREGNANCY DISABILITY LEAVE

Rules regarding Pregnancy Disability Leave are set forth in Section 10.3 of the Personnel Rules.

ARTICLE XXVII24 LEAVE OF ABSENCE DUE TO INJURY INCURRED WHILE ON DUTY

1. The City shall comply with applicable federal and state laws governing work-related injuries, leaves, and compensation.

2. Employees shall bring health and/or safety problems in the workplace to the attention of their supervisor as soon as possible.

3. The City shall coordinate accrued Sick Leave with Workers’ Comp benefits.

4. Employees who have exhausted their Sick Leave balances may use accrued Vacation Leave, CTO, and/or Holiday Leave consistent with the provisions of Personnel Rules Subsection 10.3.1. 112

30 Upon expiration of all paid leave time, an Employee shall be entitled to receive compensation only from the City's Workers’ Compensation third-party administrator.

ARTICLE XXVIII BEREAVEMENT / COMPASSIONATE LEAVE

Rules regarding Bereavement/Compassionate Leave are set forth in Section 10.5 of the Personnel Rules.

ARTICLE XXIX CATASTROPHIC LEAVE–SHARING PROGRAM

Rules regarding the Catastrophic Leave-Sharing Program are set forth in Administrative Directive – AD 10.

ARTICLE XXX JURY DUTY

Rules regarding Jury Duty are set forth in Section 10.6 of the Personnel Rules.

ARTICLE XXXI MILITARY LEAVE

Rules regarding Military Leave are set forth in Section 10.7 of the Personnel Rules.

ARTICLE XXXII AUTHORIZED LEAVE OF ABSENCE WITHOUT PAY

Rules regarding Authorized Leave of Absence are set forth in Section 10.8 of the Personnel Rules.

ARTICLE XXXIII UNAUTHORIZED LEAVE OF ABSENCE

Rules regarding Unauthorized Leave of Absence are set forth in Section 10.9 of the Personnel Rules.

ARTICLE XXXIV PAID ADMINISTRATIVE LEAVE

Rules regarding Paid Administrative Leave are set forth in Section 10.10 of the Personnel Rules.

ARTICLE XXXV LEAVES IN CONJUNCTION WITH OTHER LEAVES

Rules regarding Leaves in Conjunction with Other Leaves are set forth in Section 10.11 of the Personnel Rules.

ARTICLE XXXVI TOTAL LEAVES OF ABSENCE

Rules regarding Total Leaves of Absence are set forth in Section 10.12 of the Personnel Rules. 113

31 ARTICLE XXXVII DAYS OFF WITHOUT PAY

Rules regarding Days Off without Pay are set forth in Section 10.13 of the Personnel Rules.

ARTICLE XXXVIII25 MUNICIPAL HOLIDAYS

1. Recognized Holidays.

The following are recognized as Holidays:

The first day of January, New Year's Day.

The third Monday in January, Martin Luther King's Birthday.

The third Monday in February, President’s Day.

The last Monday in May, Memorial Day.

The Nineteenth day of June, Juneteenth.

The fourth day of July, Independence Day.

The first Monday in September, Labor Day.

The second Monday in October, Columbus Day.

The eleventh day of November, Veteran's Day.

The fourth Thursday in November, Thanksgiving Day.

The fourth Friday in November, the day after Thanksgiving Day.

The twenty-fifth day of December, Christmas Day.

One floating Holiday shall be posted on the first pay period in July and one floating Holiday on the first pay period in January to the Holiday Leave balance.

The employee’s birthday.

Any date proclaimed by the Mayor of Suisun City as a Holiday.

Holidays proclaimed by the President of the United States or the Governor of the State of California shall be subject to the meet and confer process.

2. Observance.

B. If the employee’s birthday occurs on a regular day off, the employee must schedule a day off with supervisor approval within thirty days before or after the employee’s birthday.

3 Holiday Time Off.

Except as provided in Section 6 of this Article, an Employee will accrue 8.0 hours of Holiday Time Off when assigned to a workweek of 40.0 hours for each observed holiday. An Employee may use 114

32 Vacation Leave, CTO, or work additional time (on an hour-for-hour basis) during the work period to make up the difference between their scheduled time and their accrued Holiday Time Off.

4 Holiday Time Off Usage.

Holiday Time Off may be used as follows:

5 Holiday Leave Balance.

6. Restoring Leave Caps.

33 are still over the cap on or after October 1, 2023, shall not accrue any more leave time until they bring their accrual balance below the leave cap and shall not be allowed to accrue over the cap from thereon. The parties understand that after buying down the excess accrued leave to the leave cap that it is likely in the first few payroll periods following that event that employees will exceed the caps again, so the parties have negotiated the ninety (90) day period to give employees time to sufficiently reduce their leave accruals to avoid future loss of accruals when the hard cap is imposed.

ARTICLE XXXIX26 REIMBURSEMENT FOR EDUCATION OR TRAINING

1. Approval.

On the recommendation of a Department Head and the approval of the City Manager, any Employee may embark on an approved course of education to enhance his/her their job skills. A course of study may include courses needed to gain a degree in a job-related field or to improve opportunities for advancement or Promotion with the City of Suisun City. If the Employee's Department Head will not recommend reimbursement for a course of study, the Employee may appeal to the City Manager or designee.

Employees are eligible for educational reimbursement for approved classes, including tuition and books, which shall not exceed one thousand dollars ($1,000.00) per Employee per year. Upon successful completion of the coursework, the Employee shall submit to the Department Head and HR copies of dated receipts showing education costs (tuition, books, materials, mileage), as well as transcripts, grades or certificates showing successful course completion. If an Employee leaves City service within two years of receiving education reimbursement, the Employee must reimburse the City an amount equal to half of the total of education reimbursement paid by the City.

ARTICLE XL27 PROBATIONARY PERIOD

Rules regarding Probationary Period are set forth in Section 7.5 of the Personnel Rules. These rules are amended to include the following provision:

34 ARTICLE XLI28 PERFORMANCE EVALUATIONS

1. Annual Performance Evaluation.

2. Purpose.

3 Procedure.

4 Merit Increases.

ARTICLE XLII29 GRIEVANCE PROCEDURE

Rules regarding the Grievance Procedure are set forth in Chapter 11 of the Personnel Rules.

ARTICLE XLIII30 DISCIPLINARY ACTION

1. Rules regarding the Disciplinary Action are set forth in Chapter 12 of the Personnel Rules.

Section 12.8.2 of these Rules is hereby replaced with the following:

117

35 3. In the event the parties are unable to agree on an impartial arbitrator, mediator, or third party, the parties will make a joint request for a list of five impartial mediators or arbitrators from the State Mediation and Conciliation Service. When such list is received, the parties shall meet within seven calendar days to select the mediator or arbitrator as follows: the parties shall alternately strike the name of one mediator or arbitrator from the list until the name of one remains. That person shall serve as the mediator or arbitrator. The Party to strike the first name shall be determined by a toss of a coin.

4. The City Manager will review the opinion and either:

A. Accept the Recommendation. In the event that the City Manager accepts the recommendation, that decision will be final and not subject to further appeal.

ARTICLE XLIV31 CONTRACTING OUT

ARTICLE XLV32 EMPLOYEE ASSISTANCE PROGRAM

ARTICLE XLVI IDENTIFICATION CARDS

The City shall continue to issue a City photo identification card to all represented Employees. The identification card shall include, at a minimum, the following information: City logo, City of Suisun City, Employee’s photo, Employee’s name, department, job title, date of issue, signature of the City Manager or designee.

ARTICLE XLVII33 LAYOFF AND REEMPLOYMENT

Rules regarding Layoff and Reemployment are set forth in Section 13.2 of the Personnel Rules.

118

36 ARTICLE XLVIII TEMPORARY MEASURES

1. Temporary Measures. In July of 2012, the Parties agree that due to economic conditions, as well as actions by the State of California, that the City was forced to seek concessions from its Employees. The Parties recognized that the City could balance its budget by laying off Employees, but the Parties agree that it was preferable to rely on concessions that would ensure the Employees did not lose their jobs and that the community did not suffer a more radical reduction in service delivery. The Parties met and conferred in good faith and agreed to certain concessions, as well as certain recompense for these concessions. The Parties have also agreed to their preferences for unwinding these concessions as the fiscal situation improved. The Pay Cuts and suspension of COLAs have been discontinued due to improved economic conditions, and the Parties hereby declare that it is their mutual intention that the remaining concessions be temporary and that they be unwound as soon as they can possibly be removed without fiscal harm to the City.

2. Unwinding Protocol. The Parties agree that unwinding the Temporary Measures is subject to the meet and confer process as provided in the Meyers-Milias-Brown Act (Government Code Section 3500 et seq.). The Parties also agree that the preferred unwinding protocol should proceed as follows:

Selectively Fill Vacant Positions. The highest priority is the selective filling of some or all of the positions that are being held vacant.

Relax Cash-Out Restrictions. In order to ensure that the agreed-upon concessions have the desired effect on the budget, the Parties understand and agree that the cashing out of paid leave needs to be restricted to 40 hours. After addressing Subsections 2.A. above, the Parties will meet and confer about relaxing the restrictions set forth in Section 7 of Article X and Section 5 of Article XXXVIII as funding becomes available.

ARTICLE XLIX34 GENERAL PROVISIONS

1. Severability.

If any provision of this Agreement should be held invalid or restrained by operation of law or by any court of competent jurisdiction, the remainder of this Agreement shall not be affected.

2. Full Understanding.

3 No Requirement to Meet and Confer.

37 4 Reopeners.

Upon the written request of the City Manager, the Parties agree to reopen negotiations during the term of this Tentative Agreement and the successor MOU for any one of the following situations:

A. A Declaration of a Fiscal Emergency by the City Council which could result in Layoffs if the Parties do not meet and confer on alternatives.

C. A positive or negative change occurs in the City’s fiscal status that would affect the availability of funding for services provided in whole or in part by Employees represented by SCEA.

E. Meet & confer on work rules affecting the Public Works Maintenance Division, which would include investigating options for ensuring that Public Works On-Call services are properly staffed.

E. Beginning as early as February 1, 2023, negotiations will reopen for fiscal year 2023/2024 and be completed no later than June 30, 2023.

F. Update/Amend/Replace the City’s Employer-Employee Relations Resolution

G. Update/Amend the City’s Administrative Directive AD7 – Personnel Rules and Regulations.

5 Savings Clause.

6. No Strike/Lockout.

38 7. Successor Agreement.

This Agreement shall be in full effect from July 1, 2023 through and including June 30, 2025. Either Party may serve upon the other its written request to commence negotiations for a successor Agreement as early as February 1, 20232025. Upon receipt of such written notice, negotiations shall commence no later than thirty (30) days thereafter. The Parties hereby declare that it is their mutual interest to negotiate a multi-year successor agreement consistent with City Council policy direction within the limitations of the City’s ability to pay, with the intent to be completed no later than June 30, 2025.

8. Distribution of Agreement.

Within 10 days of the adoption of this Agreement, all covered Employees shall receive a copy of the Agreement. The “copy” may be provided in electronic format.

9. Effective Date.

The effective date of this Agreement shall be July 1, 20212023.

[SIGNATURES ON NEXT PAGE]

121

39 MEMORANDUM OF UNDERSTANDING
BETWEEN THE CITY OF SUISUN CITY AND THE SUISUN CITY EMPLOYEES’ ASSOCIATION JULY 1, 2023 THROUGH JUNE 30, 2025

CITY OF SUISUN CITY SCEA
REPRESENTATIVES: REPRESENTATIVES:

Gregory Folsom, City Manager Marcos Zepeda, SEIU Local 1021 Representative

Christina Penland, HR Administrator John Bryan, SCEA President

Kris Lofthus, Deputy City Manager Tevita Salt, SCEA Treasurer/Secretary

Colin Tanner, Deputy City Attorney Michelle Zunino, Negotiations Team Member

Approved as to form
Aleshire & Wynder, LLP

______________________________
Elena Gerli, City Attorney
122
AGENDA ITEM NO. 5

AGENDA TRANSMITTAL

MEETING DATE:

June 27, 2023

CITY AGENDA ITEM:

Council Adoption of Resolution No. 2023-__: Authorizing the City Manager to execute a contract agreement with the Sacramento Regional Fire Museum to store and display an 1857 S.R. Spinney Hand Pumper owned by the Suisun City Fire Department.

FISCAL IMPACT:

Authorize the Fire Department to budget not more than $1,200 annually for the storage of the 1857 S.R. Spinney Hand Pumper.

STRATEGIC PLAN:

Provide Good Governance

BACKGROUND:

In 1861, when the Suisun City Fire Department was first established, they purchased its very first fire pumper, an 1857 S.R. Spinner Hand Pumper. This pumper served the community through the 1880’s by the then Union Engine Company. This unit has been maintained for over 150 years and is currently stored at the City Corporation Yard. The hand pumper has been restored over the years and has been on display for fire department events and community functions throughout the years, however it is primarily in storage throughout the year. The current storage location does not provide for a temperature-controlled environment and the facility lacks fire protection features such as a fire alarm and a fire sprinkler system.

STAFF REPORT:

The Suisun City Fire Department would like to locate its 1857 S.R. Spinner Hand Pumper on display at the Sacramento Regional Fire Museum to showcase the history of Suisun City Fire Department, provide a location where it can be enjoyed by spectators throughout the Sacramento Region and the California Fire Service. The S.R. Spinney is the only known and working hand pumper in existence. Additionally, the storage location provided by the Sacramento Regional Fire Museum provides for a temperature controlled, monitored fire alarm and fire sprinkler system on site enhancing the preservation of this unit well into the future.

STAFF RECOMMENDATION:

It is recommended that the City Council Adopt Resolution No. 2023- __: authorizing the City Manager to execute the agreement with the Sacramento Regional Fire Museum to store and display the Suisun City Fire Department antique 1857 S.R. Spinney Hand Pumper.

DOCUMENTS ATTACHED:
1 .

Resolution Authorizing the City Manager to execute a contract agreement with the Sacramento Regional Fire Museum to store and display an 1857 S.R. Spinney Hand Pumper owned by the Suisun City Fire Department.
2 .

Sacramento Regional Fire Museum Vehicle & Equipment Loan Agreement

PREPARED BY:

Brad Lopez, Fire Chief
REVIEWED BY:

Brad L. Lopez, Fire Chief
APPROVED BY:

Greg Folsom, City Manager

123
ATTACHMENTS:

1. Resolution Authorizing an Agreement with Sacramento Regional Fire Museum to store and display an 1857 S.R. Spinney Hand Pumper.pdf

2. Sacramento Regional Fire Museum Vehicle & Equipment Loan Agreement.pdf 124

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 RESOLUTION NO. 2023 - ___

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY

AUTHORIZING THE CITY MANAGER TO EXECUTE A CONTRACT

AGREEMENT WITH THE SACRAMENTO REGIONAL FIRE MUSEUM TO
STORE AND DISPLAY AN 1857 S.R. SPINNEY HAND PUMPER OWNED BY THE SUISUN CITY FIRE DEPARTMENT.

WHEREAS, the Suisun City Fire Department purchased the S.R. Spinner Hand Pumper in 1861; and
WHEREAS, the historical value of the S.R. Spinner cannot be measured; and WHEREAS, the Sacramento Regional Fire Museum offers climate c ontrolled environment with fire protection systems in place affording a safer environment for the antique apparatus; and
NOW, THEREFORE, BE IT FURTHER RESOLVED, that the City Council of the City of Suisun City authorizes the City Manager to execute the agr eement with the Sacramento Regional Fire Museum to store and display the Suisun City Fire Department antique 1857 S.R. Spinney Hand Pumper; and
BE IT FURTHER RESOLVED that the City Manager is hereby authorized to enter into any agreement or take such actio ns as may be necessary to implement th e Council’s actions.

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City duly held on Tuesday, June 27th, 2023 by the following vote:

AYES: Councilmembers: _______________________________________________ NOES: Councilmembers: _______________________________________________ ABSENT: Councilmembers: _______________________________________________ ABSTAIN: Councilmembers: _______________________________________________

WITNESS my hand and the seal of the City of Suisun City on this 27th day of June, 2023.
______________________________
Anita Skinner, City Clerk
125

1 I, Brad L. Lopez, Fire Chief of Suisun City Fire Department, the owner/representative of the Suisun City Fire Department (owner), agree to loan the following vehicle to the Sacramento Regional Fire Museum (SRFM) under the following terms and conditions.

1857 S.R. Spinney Hand Pumper
(Vehicle)

1. This agreement begins on May 2, 2023 and will remain in effect until either party terminates the agreement for any reason.

2. The SRFM must pre-approve all loaned vehicles. The annual exhibit sponsorship donation agreed upon between Suisun City Fire Department and SRFM will be $1,200 per fiscal year.

3. Under limited circumstances, the owner may remove and return the vehicle for personal use or outside exhibit. A minimum of one-week prior notice to SRFM management is required.

The SRFM will not be able to accommodate requests made with less than one week notice.

4. The vehicle should have only a minimum amount of fuel and the battery disconnected while on exhibit. For any vehicle that has not/will not be driven for at least six months, the gas tank should be drained.

5. The vehicle will be cared for and handled as the owner has specified in the Special Handling Instructions (attached). Please note that:
a. The vehicle may be moved within or outside the SRFM for exhibition purposes, SRFM events and exhibit rotation.
b. The vehicle may be used for media requests and/or promotional materials. c. The SRFM will be responsible to keep the vehicle clean while on display. The owner may periodically come in to clean the vehicle with one-day prior notice to SRFM management. Cleaning may be performed only before the SRFM opens and only the owner will be permitted behind the chains, unless other arrangements are made ahead of time.
d. The SRFM will not perform any mechanical maintenance or upkeep. In the event that mechanical maintenance or upkeep is necessary while the vehicle is on display, SRFM Sacramento Regional Fire Museum
Vehicle & Equipment Loan Agreement
126

2 will notify owner forthwith and owner will perform the required maintenance as soon as practicable. Maintenance will be performed only while the SRFM is closed to visitors.

6. All signage displayed with the vehicle will be provided by the SRFM. Any display signs provided by the owner may be used to generate information for the SRFM signage, but will not be displayed. Signage will include vehicle ownership information.

7. The owner may place no “For Sale” notifications on the vehicle. If for sale by owner, potential buyers may look at the vehicle, but will be asked to pay admission and will not be allowed behind the chains without the owner and SRFM staff present.

8. All personal property should be removed and a set of duplicate keys must be left with the SRFM staff. Owner shall retain original keys.

9. The SRFM does not insure loaned vehicles.
a. The owner is responsible to provide insurance coverage for the value of the vehicle in the event of any disaster or accident. Copies of the insurance and registration shall be submitted with this agreement.
b. The owner agrees to not hold the SRFM responsible for any kind of damage or loss while vehicle is in the SRFM possession. The SRFM will take reasonable care to prevent damage, and will provide the same care and protection of loaned vehicles as it does its own. The owner understands that the SRFM is open to the public and therefore entails a certain degree of risk

10. Vehicles not removed after termination of the agreement may be charged a storage fee of $35/day.

11. The owner will receive free admission for themselves and one guest to the SRFM while the vehicle is on loan.

[SIGNATURES ON THE FOLLOWING PAGE]

127

3 Owner/Representative Signature: ____________________________________________________

Date: ______________

SRFM Representative: _____________________________________________________________

Date: ___________________

Owner Information

Name or Agency: ____________________________________________________________________

Address: ___________________________________________________________________________

Primary Telephone No: ____________________________ Cell: ______________________________

Email Address:_______________________________________________________________________

Date Received: _________________ Owner Initial _______________ SRFM Staff Initial ___________

Date Released: _________________ Owner Initial _______________ SRFM Staff Initial ___________ 128
AGENDA ITEM NO. 6

AGENDA TRANSMITTAL

MEETING DATE:

June 27, 2023

CITY AGENDA ITEM:

Resolution No. 2023 - ___:

Approving and Authorizing the City Manager to
Execute a Lease Agreement with Mama Laine's Café to Operate a Food Service Business at 177 Main Street, Suisun City, California, Commonly Known as the Suisun City Train Depot.

FISCAL IMPACT:

The lease agreement is structured so that the City would realize 8% of the gross revenues from the lessor in year 1; 9% of the gross revenues in year 2; and 10% of the gross revenues in year 3 and beyond. Additionally, if the lease agreement was approved than cost to the city would be approximately $10,000 to complete the necessary interior ADA improvements.

STRATEGIC PLAN:

Development Sustainable Economy; Provide Good Governance; Ensure Fiscal Solvency

BACKGROUND:

The City of Suisun City

owns the property located at 177 Main Street commonly
known as the Suisun City Train Depot. This property is a multi-modal facility, since it accommodates several transportation modes such as train and bus. Over the years, the City has entered into lease agreements with several entities to occupy the existing vendor spaces. In the middle of 2022, the City opened a Request for Proposals process which resulted in three submittals. Within the last few months, staff has been in lease negotiations with the identified preferred vendor (Mama Laine's Café).

STAFF REPORT:

Mama Laine's Café is a sole proprietorship which has been looking to move to a brick and mortar location. Mama Laine's Café has been active in local and regional special events and has been operating from her home. Mama Laine's café business plan is catered to the train commuter with grab and go food and drink. Below are some highlights of what is being proposed:

Hours of operation are 6am-3pm Mon-Fri (with the possibility of extending hours to 5pm in the future).

Service of grab and go food and drinks.

Marketing will be through all social media platforms, local newspapers and publications, local popup events and physical signage on/and around the depot.

Equipment needed to start are a convection oven, coffee makers, refrigeration, prep table, sandwich prep table.

The lease agreement with Mama Laine's Café was negotiated by staff and the terms are summarized below:

PROPOSED LEASE TERMS
Term
Five years commencing on June 28, 2023 and terminating on June 27, 2028 with three successive options for five years each by mutual agreement by the landlord and tenant.

Rent
129
Year one and two 8% of gross sales (*rent to be waived until business opening which would be a maximum of four months from execution of lease agreement); Year three-9% of gross sales; Year four and beyond-10% of gross sales.

Miscellaneous

Mama Laine’s Café to pay Solano County Health Department plan check fee and annual inspection.

City to pay for required ADA improvements as well as modification of front countertop to accommodate sandwich prep table.

STAFF RECOMMENDATION:

It is recommended that the City Council adopt Resolution No. 2023 - __: Approving and Authorizing the City Manager to Execute a Lease Agreement with Mama Laine's Café to Operate a Food Service Business at 177 Main Street, Suisun City, California, Commonly Known as the Suisun City Train Depot.

DOCUMENTS ATTACHED:
1 .

Resolution No. 2023 - ___:

Approving and Authorizing the City Manager to Execute a Lease Agreement with Mama Laine's Café to Operate a Food Service Business at 177 Main Street, Suisun City, California, Commonly Known as the Suisun City Train Depot 2 .

Train Depot Lease Agreement

PREPARED BY:

John Kearns, Principal Planner
REVIEWED BY:

Jim Bermudez, Development Services Director
APPROVED BY:

Greg Folsom, City Manager

ATTACHMENTS:

1. Resolution Approving and Authorizing a Lease Agreement with Mama Laine's Cafe at the Suisun City Train Depot.pdf

2. Train Depot Lease Agreement.pdf
130

1 2
3 4
5 6
7 8
9 10
11 12
13 14
15 16
17 18
19 20
21 22
23 24
25 26
27 28

RESOLUTION NO. 2023-

A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF SUISUN CITY

APPROVING AND AUTHORIZING THE CITY MANAGER TO EXECUTE A LEASE AGREEMENT WITH MAMA LAINE'S CAFÉ TO OPERATE A FOOD SERVICE BUSINESS AT 177 MAIN STREET, SUISUN CITY, CALIFORNIA,

COMMONLY KNOWN AS THE SUISUN CITY TRAIN DEPOT

WHEREAS, the City of Suisun City owns the property located at 177 Main Street commonly known as the Suisun City Train Depot; and

WHEREAS, this property is a multi-modal facility since it accommodates several transportation modes such as train and bus; and

WHEREAS, several vendors have operated business’s within the Suisun City Train Depot in recent years; and

WHEREAS, Mama Laine’s Café is interested operating a café at the Train Depot selling pastries and grab and go food and drinks.

NOW T HEREFORE, BE IT RESOLVED that the City Council of the City of Suisun City hereby approves and authorizes the City Manager or his designee to execute the Lease Agreement with Mama Laine’s Café to operate a food service business at 177 Main Street, Suisun City, commonly known as the Suisun City Train Depot.

PASSED AND ADOPTED at a Regular Meeting of the City Council of the City of Suisun City held on Tuesday the 27th day of June 2023 by the following vote:

AYES: Councilmembers:

NOES: Councilmembers:

ABSENT: Councilmembers:

ABSTAIN: Councilmembers:

WITNESS my hand and the seal of said City this 27th day of June 2023.

Anita Skinner
City Clerk
131

01107.0001/891458.1
1 Recording Requested By &
When Recorded Mail to:

City of Suisun City
701 Civic Center Blvd.

Suisun City, CA 94585
Attn: City Clerk

Mail Tax Statements to:

Mama Laine’s Café
914 Craven Drive
Suisun City, CA 94585
Attn: Elaine Perkins-Smith

APN: 0032-020-240 [SPACE ABOVE FOR RECORDER’S USE ONLY] Exempt from filing/recording fees per Govt. Code §27383

LEASE AGREEMENT
(Train Station – Mama Laine’s Café)

THIS LEASE AGREEMENT (“Lease”) is made and entered into this __________, 2023 (“Effective Date ”), by and between the CITY OF SUISUN CITY , a municipal corporation (“Landlord”), and to MAMA LAINE’S CAFÉ, a sole proprietorship (“Tenant”). Landlord and Tenant may be referred to, individually or collectively, as “Party” or “Parties.”

R E C I T A L S

A. Landlord is the owner of that certain real property located at 177 Main Street, Suisun City, CA 94585 consisting of parcel (APN 0032-020-240) (“Property”). The Property is improved with a single-story building utilized and operated as an AMTRAK train station (“Building”).

B. The Property is exempt from the provisions of the Surplus Land Act pursuant to Sections 54221(f)(1)(B)(i) and 54222.3 of the Government Code.

C. Landlord is willing to lease certain space within the Building to Tenant for the sole purpose of operating a cafe upon the other terms and conditions set forth in this Lease.

NOW, THEREFORE, the parties incorporate the Recitals as set forth herein and agree as follows:

A G R E E M E N T

1. LEASE.

1.1. Leased Premises. Subject to the terms of this Lease and solely for the uses as authorized in Section 3, Landlord hereby Leases to Tenant and Tenant hereby leases 132

2 from Landlord, that portion within t he Building as depicted on Exhibit A consisting of approximately six hundred (600) square feet commonly identified as Suite 2, together with the non-exclusive right to use the Common Areas (as defined in Section 1.2) subject to all rights reserved by Landlord in this Lease ( “Leased Premises”). Tenant acknowledges that , as of the Effective Date (as defined in Section 2.1) , Tenant has inspected the Leased Premises and determined that the Lease Premises are in good order, repair, and condition and suitable for the uses authorized by this Lease. Landlord makes no representations or warranties regarding the Leased Premises.

1.2. C ommon Areas. All other portions of the Property other than the Leased Premises including, but not limited to, the driveways, parking areas, landscaped areas, walkways, and sidewalks are reserved to the Landlord and are hereinafter referred to as the “Common Areas.” The closet and Suite 1 as depicted on Exhibit A are not part of the Common Areas and not part of the Leased Premises. The Common Areas which are within the Building are depicted on Exhibit A consisting of the lobby and restrooms and are hereinafter referred to as the “ Interior Common Areas.” All other portions of the Common Areas excluding the Interior Common Areas (including, but not limited to, the observation deck, parking areas and landscaping) are hereinafter referred to as the “Exterior Common Areas.”

1.2.1. Vending Machine. At Tenant’s sole cost and expense, Tenant may install and operate a vending machine selling only food items which shall be located in the portion of the Interior Common Area as mutually agreed to by the parties in writing (“Vending Machine”). Tenant shall be solely responsible to maintain the Vending Machine in good condition and repair and Landlord shall not be responsible for any damage to the Vending Machine. A ll income from the operation of the Vending Machine shall be included in Gross Income (as defined in Section 4).

1.3. Displays & Exhibitions. From time to time, Landlord and Tenant shall jointly discuss and consider displays and exhibitions incorporating history and art for the Interior Common Areas.

1.4. Reserved Rights. Landlord shall have the r ight from time to time, in Landlord’s sole discretion, to do any of the following without Tenant’s consent but on not less than twenty- four (24) hours’ notice to Tenant:
i. To make changes to the Common Areas, including without limitation, changes in the location, size, shape, and number of driveways, lobby, restrooms, entrances, parking spaces, parking areas, loading and unloading areas, ingress, egress, direction of traffic, landscaped areas, walkways and utility raceways; ii. To temporarily close any of the Common Areas for maintenance purposes, so long as reasonable access to the Leased Premises remains available; iii. To add additional buildings and improvements to the Common Areas or to change current improvements in the Common Areas;
iv. To use the Common Areas while engaged in making additional improvements, repairs, or alterations to the Leased Premises, or any portion thereof; and v. To do or perform such other acts or make such other changes in, to or with respect to the Common Areas as Landlord may, in the exercise of its reasonable judgment, deem to be appropriate.

Landlord shall exercise its reserved rights in a manner reasonably calculated to avoid material disruption to Tenant’s business.
133

3 To the extent that Landlord’s exercise of its reserved rights affects Tenant’s business adversely and materially by causing interference repeatedly or over an extended period of time and Tenant has provided written notices to Landlord specifying the issues and concerns, Tenant may terminate this Lease by written notice delivered to Landlord together with reasonable evidence of the materially adverse affects on Tenant’s business operations.

1.5. Leased Personal Property. In addition to the Leased Premises, Tenant shall have the right to use the personal property owned by the Landlord and summarized on Exhibit B attached hereto (“Leased Personal Property”). Tenant shall maintain all the Leased Personal Property in good condition and repair and provide for the reasonable security of same. Tenant shall not destroy, sell, or remove the Leased Personal Property from the Leased Premises without the prior written consent of Landlord. Upon termination of this Lease, all Leased Personal Property shall be returned to Landlord in good condition and repair.

1.6. Security.

1.6.1. Limited Security. Security for the Building will consist of normal and customary patrols and availability of the Suisun City Police Department.

1.6.2. Security Cameras. Tenant understands that the Building has surveillance cameras on the exterior of the building for enhanced security which is incorporated to municipality’s overall camera network. The security system is administered by Amtrak. Tenant has no right to opt-out of the operation of the security cameras.

1.6.3. Additional Security. Tenant may, at Tenant's sole cost and expense, arrange for additional security services provided same are approved by Landlord in advance prior to implementation.

1.6.4. Leased Premises. All entrance doors in the Leased Premises shall be locked when the Leased Premises are not in use. No locks, bolts, or mail slots of any kind shall be placed upon any of the doors or windows by Tenant, nor shall any change be made in existing locks without Landlord’s prior consent and a copy of any access card or key is provided to Landlord.

2. TERM AND TERMINATION; RECORDATION.

2.1. Lease Term . This Lease shall commence on _______, 2023 (“Effective Date ”) and terminate five (5) years after the Effective Date (“ Termination Date ”). The period between the Effective Date and the Termination Date is hereinafter referred to as the “Initial Term” which may be extended pursuant to Section 2.2. “Lease Term” shall mean the Initial Term and any extension thereof pursuant to Section 2.2.

2.2. Options to Extend. Provided Tenant has not been in Default (as defined in Section 16.1) during the Lease Term, by mutual agreement with Landlord, Tenant has the three (3) successive options to extend this Lease each for an additional five (5) year period (“Extension Options”) provided Tenant exercises each Extension Option in writing delivered to Landlord not less than six (6) months prior to the expiration of the then existing Lease Term, and Landlord agrees to the extension in writing within thirty (30) days of receipt of Tenant’s Extension Option. If Tenant fails to exercise an Extension Option in the time and manner specified, or if Landlord does not timely agree to the Extension Option in writing, the Extension Option (and all successive Extension Options) 134

4 shall automatically terminate and be of no further force or effect. The rent during any Extension Option shall be increased as set forth in Section 4.1.

2.3. Recordation. Within ten (10) business days of the execution and acknowledgement of this Lease by both parties, Landlord shall cause a copy of this Lease to be recorded in the Official Records of Solano County. Upon termination or exercise of any rights under this Lease or an amendment of this Lease, the parties shall record a copy thereof in the Official Records of Solano County. Upon termination of the Lease, Tenant shall promptly execute, acknowledge and deliver to Landlord any documents reasonably requested by Landlord in order to terminate the Lease of record.

3. USES.

3.1. Permitted Use. Tenant will use the Leased Premises solely and exclusively for operation of a cafe selling coffee, sweets and cookies, nonalcoholic beverages, grab-and-go meals, and other food items at Tenant’s discretion, and for no other purpose without the written consent of Landlord (“Primary Operations”). Tenant is also permitted to operate offsite catering and food delivery services from the Leased Premises (“Related Operations”) provided (i) any such services shall not negatively impact the Primary Operations; and (ii) all income from such services shall be included in Gross Income (as defined in Section 4). No alcohol may be sold on or from the Leased Premises, or in connection w ith the Related Operations.

3.2. Operations Covenants.

3.2.1. Commencement of Operations. Tenant shall commence Primary Operations of the cafe not more than ninety (90) days after the Effective Date.

3.2.2. Continuous Operations Covenant. Tenant has submitted to Landlord an operational plan which details daily minimum hours of operation and a sample menu, which is attached as Exhibit C. Tenant agrees to be open for business no later than 6 am on non-holiday weekdays. Any changes by the Tenant to the daily minimum hours of Primary Operations must be approved by Landlord prior to implementation which Tenant must submit in writing together with a detailed explanation and justification. Tenant acknowledges that this continuing operations covenant is material consideration to Landlord especially as Tenant is only paying percentage rent based on its income from operations.

3.3. Name of Cafe. At all times, Tenant shall use the name of “Mama Laine’s Sweets” and no other name without the prior written approval of Landlord.

3.4. Signs. Tenant shall have the right to install a sign for the cafe at its sole cost and expense.

The size, quality and location of the sign shall be subject to Landlord’s prior written approval. At Tenant’s sole cost and expense, Tenant shall remove any signs upon termination of this Lease and repair any damage to the Building as a result of the removal.

3.5. Rules and Regulations. Tenant shall faithfully observe and comply with the rules and regulations attached hereto as Exhibit D (“Rules and Regulations”). Landlord may from time to time promulgate and/or modify the Rules and Regulations which shall be binding upon Tenant five (5) business days after Tenant’s receipt of a copy of the amendment or modification. Landlord shall not be responsible to Tenant for the nonperformance of any said rules and regulations by any other tenants, occupants or third parties.

3.6. Prohibited Uses. Tenant shall not sell or permit to be kept, used, displayed or sold in or about the Leased Premises (a) pornographic or sexually explicit books, magazines, 135

5 literature, films or other printed material, sexual paraphernal ia, or other material which would be considered lewd, obscene or licentious: (b) any article which may be prohibited by standard forms of fire insurance policies; (c) any controlled substances, narcotics, or the paraphernalia related to the same; or (d) except as specifically permitted pursuant to Section 3.1, alcoholic beverages unless expressly permitted by Landlord, in writing and in advance of the storage or consumption of the same. Tenant shall not do or permit anything to be done in or about the Leased Premises which will in any way obstruct or interfere with the rights of other parties or injure or annoy them or use or allow or permit the Leased Premises to be used for any improper, immoral, unlawful, or objectionable purpose. Tenant shall not cause, maintain, or permit any nuisance in or about the Leased Premises, or commit or suffer to be committed any waste upon the Leased Premises.

3.7. Compliance with Laws. Tenant shall, at its sole cost and expense, comply with all of the requirements of all municipal, state and federal authorities now in force or which may hereafter be in force pertaining to the use of the Leased Premises ; except that, to the extent as required by current law, Landlord shall be responsible for compliance of the Leased Premises with the A merican’s with Disabilities Act and applicable building and fire codes. Tenant shall faithfully comply with all municipal, state and federal statutes, or other governmental regulations now in force or which shall hereinafter be in force. Tenant shall not engage in any activity on or about the Leased Premises that violates any Environmental Law, and shall promptly, at Tenant’s sole cost and expense, take all investigatory and/or remedial action required or ordered by any governmental agency or Environmental Law for clean- up and removal of any contamination involving any Hazardous Material created or caused by Tenant. The term “Environmental Law” shall mean any federal, state or local law, statute, ordinance or regulation pertaining to health, industrial hygiene or the environmental conditions on, under or about the Leased Premises, including, without limitation, (i) the Comprehensive Environmental Response, Compensation and Liability Act of 1980 (“CERCLA”), 42 U.S.C. Sections 9601 et seq.; (ii) the Resource Conservation and Recovery Act of 1976 (“RCRA”), 42 U.S.C. Sections 6901 et seq.; (iii) California Health and Safety Code Sections 25100 et seq.; (iv) the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety C ode Section 25249.5 et seq.; (v) California Health and Safety Code Section 25359.7; (vi) California Health and Safety Code Section 25915; (vii) the Federal Water Pollution Control Act, 33 U.S.C. Sections 1317 et seq.; (viii) California Water Code Section 1300 et seg.; and (ix) California Civil Code Section 3479 et seq., as such laws are amended and the regulations and administrative codes applicable thereto. The term “Hazardous Material” includes, without limitation, any material or substance which is (i) defined or listed as a “hazardous waste”, “extremely hazardous waste”, “restrictive hazardous waste” or “hazardous substance” or considered a waste, condition of pollution or nuisance under the Environmental Laws; (ii) petroleum or a petroleum product or fraction thereof; (iii) asbestos; and/or (iv) substances known by the State of California to cause cancer and/or reproductive toxicity. It is the intent of the parties hereto to construe the terms “Hazardous Materials ” and “Environmental Laws” in their broadest sense.

Landlord shall provide all notices required pursuant to the Safe Drinking Water and Toxic Enforcement Act of 1986, California Health and Safety Code Section 25249.5 et seq.

Tenant shall provide prompt written notice to Landlord of the existence of Hazardous Substances caused or discovered by Tenant on the Leased Premises and all notices of violation of the Environmental Laws received by Tenant.

3.8. Disclosure. Pursuant to California Civil Code Section 1938, Tenant is advised that the Leased Premises has not undergone inspection by a Certified Access Specialist (CASp), 136

6 and, therefore, Landlord is not aware if the Leased Premises complies with the applicable construction-related accessibility standards pursuant to Civil Code Section 55.53.

4. RENT; SECURITY DEPOSIT

4.1. Rent.

4.1.1. Monthly Rent.
a. Monthly Rent. During the Lease Term, Tenant shall, on the tenth (10th) day of each month, pay monthly rent to the Landlord as follows (“Monthly Rent”):
i. Eight Percent (8%) of the On Site Gross Income and of the Related Gross Income for Years One and Two of the Term.
ii. Nine Percent (9%) of the On Site Gross Income and of the Related Gross Income for Year Three of the Term.
iii. Ten Percent (10%) of the On Site Gross Income and of the Related Gross Income for Year Four of the Term and thereafter.
b. Waiver. Monthly Rent is waived during the Initial Term until Tenant opens for business, but in no event for longer than 120 days from the Effective Date.

4.1.2. Monthly Statement. Concurrently with payment of the Monthly Rent, Tenant shall also provide Landlord a detailed written summary of the financial operations indicating both the On Site Gross Income and the Related Gross Income together with the calculation of the Monthly Rent which statement shall be in a form reasonably satisfactory to Landlord and verified by Tenant.

4.1.3. Gross Income Definitions. The term “On Site Gross Income” shall mean all gross income received by Tenant from Primary Operations (as defined in Section 3.1) and the Vending Machine, if applicable. The term “Related Gross Income” shall mean all gross income received by Tenant from the Related Operations (as defined in Section

3.1).

4.1.4. Right to Audit. Upon reasonable written notice but not more than once in a twelve (12) month period, Landlord shall have the right to audit Tenant’s operations and records to confirm that Tenant is calculating and paying the current Monthly Rent Payment. Tenant shall fully cooperate with providing all requested books and records (including sale tax returns) as requested by Landlord. If the audit determines that Tenant has underpaid Landlord, Tenant shall promptly pay the deficit amount to Landlord together with interest thereon at the rate of ten percent (10%) per annum from the date said amount should have been paid to Landlord together with a late charge of Fifty Dollars ($50) for each month that the Monthly Rent p ayment was deficient.

4.1.5. Payments. Tenant shall pay the Monthly Rent or other rent or charges as the same may be adjusted from time to time, to Landlord in lawful money of the United States, without demand, offset, deduction or counterclaim, on or before the day on which it is due under the terms of this Lease. All payments due to Landlord shall be delivered to Landlord at its address stated herein or to such other persons or at such other addresses as Landlord may from time to time designate in writing to Tenant. All monetary obligations of Tenant to Landlord under the terms of this Lease are deemed to be rent.
137

7 4.2. Security Deposit. As of the Effective Date, Tenant shall deliver to Landlord the sum of One Thousand Dollars ($1,000) to be held during the entire Lease Term as security for the faithful performance by Tenant of all of its obligations under this Lease (“Security Deposit”). If Tenant defaults with respect to any provisions of this Lease, including, but not limited to, the provisions relating to the payment of Rent, Landlord may, without notice to Tenant, but shall not be required to apply all or any part of the Security Deposit for the payment of any Rent or any other sum in default and Tenant shall, upon demand therefor, restore the Security Deposit to its original amount. Any unapplied portion of the Security Deposit shall be returned to Tenant within sixty (60) days following the termination of this Lease. Tenant shall not be entitled to any interest on the Security Deposit and Landlord shall have the right to commingle the Security Deposit with Landlord's other funds. Tenant hereby waives the provisions of Section 1950.7 of the California Civil Code and all other provisions of law, now or hereafter in effect, which (i) establish the time frame by which a landlord must refund a security deposit under a lease, and/or (ii) provide that a landlord may claim from a security deposit only those sums reasonably necessary to remedy defaults in the payment of rent , to repair damage caused by a tenant or to clean the premises, it being agreed that Landlord may, in addition, claim those sums specified in this Section 4.2 and/or those sums reasonably necessary to compensate Landlord for any loss or damage caused by Tenant's default of this Lease, including, but not limited to, all damages or rent due upon termination of this Lease pursuant to Section 1951.2 of the California Civil Code.

5. TAXES. Tenant shall pay prior to delinquency any and all personal property taxes and possessory interest taxes attributable to the Leased Premises. (Tenant is aware that this leasehold will be subject to possessory interest taxes as assessed by the County of Solano.) Tenant shall indemnify, defend, and hold harmless Landlord against any and all such taxes, fees, penalties or interest assessed, or imposed against Landlord hereunder. In the event Tenant fails to timely pay any tax, assessment, fee, penalty, or interest, Landlord, at its option, shall have the right to pay such charge and treat such payment as additional rent to be charged to Tenant and paid by Tenant to Landlord within five (5) days after receipt of written notice from Landlord . Tenant shall be solely responsible for the payment of all taxes attributable to its operations, including but not limited to, sales taxes and income taxes.

6. UTILITIES. During the Lease Term, Landlord shall provide water, sewer, gas, heat, electricity, garbage disposal, and trash disposal for the Leased Premises . Tenant covenants to be environmentally responsible in use of the utilities (especially water and electricity) and, upon notice, shall comply with reasonable requirements imposed by Landlord. Tenant shall not exceed the capacity of any of the utility systems serving the Leased Premises as Landlord may advise Tenant in writing. In the event of such a violation, Ten ant shall be fully responsible for all repair costs associated with Tenant’s exceeding the capacity of the utility system(s). Tenant shall be solely responsible for telephone, cable and internet services as needed by Tenant for the Leased Premises.

7. REPAIRS AND MAINTENANCE.

7.1. Tenant Repair and Maintenance Obligations.

7.1.1. Leased Premises. Commencing with the Effective Date, Tenant, at its sole cost and expense, shall at all times maintain the Leased Premises securely and in good condition and repair in a neat, clean and attractive condition. Tenant shall, at Tenant’s sole cost and expense, keep the Leased Premises free from any insects, pests or vermin at all times. Prior to employing a licensed exterminator, Tenant shall notify 138

8 Landlord in writing specifying the work to be done and the name of the contractor for Landlord’s prior written approval.

Any and all repairs and replacements shall be of a quality equal to or exceeding that of the original. If Tenant fails to make any repair and replacement or otherwise so maintain the Leased Premises for a period of fifteen (15) days after written demand by Landlord, then Landlord may enter the Leased Premises and make such repairs or replacements and Tenant will promptly pay to Landlord the costs incurred by Landlord in making such repairs or replacements together with interest thereon at the maximum rate permitted by law from the date of commencement of the work until repaid.

7.1.2. Duty to Notify. Tenant will promptly notify Landlord of any repairs or maintenance which are needed to the areas which are Landlord’s responsibility under Section 7.2.

7.2. Landlord’s Repair and Maintenance Obligations.

7.2.1. Exterior Common Areas. Landlord, at its sole cost and expense, shall maintain the Exterior Common Areas in good condition and repair.

7.2.2. Building. Landlord shall, at its sole cost and expense, be responsible to maintain and repair all structural portions of the Building including, the roof, walls, foundations and the plumbing and electrical systems. Landlord shall also be responsible to repair or replace any fixtures in the restrooms provided the damage was not caused by the negligence of Tenant or its employees, agents, or contractors.

8. IMPROVEMENTS AND ALTERATIONS.

8.1. Cafe Operations. Tenant shall promptly undertake all improvements necessary to equip, open, and operate the cafe. Tenant shall submit to the Landlord a floor plan showing the proposed layout of Mama Laine’s Café, including all equipment, furnishings, fixtures and signage, within ten (10) days of the Effective Date. Landlord shall have ten (10) days to approve the proposed layout. The floor plan shall also indicate any areas within the Interior Common Area, if any, that Tenant proposes to place tables and chairs for use by its customers while open . No water cooler, air conditioning unit, or system or other apparatus shall be installed or used by Tenant without the written consent of Landlord pursuant to Section 8.2.

8.2. Other Improvements. Any and all modifications or alterations to the Leased Premises, including, but not limited to, the walls, ceilings, doors, electrical and counters shall be at Tenant’s sole cost and expense and approved by Landlord prior to any such modifications being undertaken by Tenant (“Approved Improvements”). Any A pproved Improvements shall comply with all of the following : (i) must be reflected on a reasonably detailed set of plans and specification provided to the Landlord for its review and approval; (ii) not commenced prior to providing at least thirty (30) days prior written not to Landlord of the scheduled construction commencement date so Landlord can take appropriate action to protect the Property from liens, if it elects; (iii) be promptly commenced as of the scheduled construction commencement date and diligently prosecuted to completion in accordance with the appr oved plans and specifications at Tenant’s sole cost and expense; (i v) constructed only by a licensed California contractor which provides reasonable evidence of insurance naming Landlord as an additional insured and satisfying Landlord’s requirements and in accordance with the approved plans; (v) construction shall not unreasonably interfere or imped the access to the Common Areas; (vi) fully comply with all applicable building and 139

9 fire safety codes and all ordinances; and (vii) n o liens shall be placed on the Property for such construction.

Landlord agrees, when requested by Tenant, to execute and deliver any applications, consents, or other instruments required to permit Tenant to do this work or to obtain permits for the work; provided, that Landlord retains all rights in its governmental capacity to review and approve or deny or conditionally approve such permits.

Tenant shall keep the Leased Premises free and clear of all liens, claims, and demands for work performed, materials furnished, or operations conducted on the Leased Premises for the Approved Improvements. If any such lien is filed, Tenant shall, within ten (10) days of such filing, obtain the release of such lien either by payment of same or by securing and recording an appropriate bond in accordance with California law. If Tenant does not cause the release of the lien, Landlord may do so and Tenant shall reimburse Landlord within three (3) days of receipt of Landlord’s written demand. Tenant will indemnify, defend and hold harmless Landlord for all liens, claims, or damages (including reasonable attorney’s fees and costs) caused by remodeling, improvements, additions, alterations, and major repairs.

All alterations and improvements made to the Leased Premises shall become the property of Landlord and shall remain on and be surrendered with the Leased Premises at the expiration or sooner termination of this Lease, including any renewals or extensions.

9. RIGHT OF ENTRY. Tenant shall permit Landlord or Landlord’s agents, representatives, or employees to enter the Leased Premises at all reasonable times upon reasonable prior notice to inspect the Leased Premises to determine whether Tenant is complying with the terms of this Lease and to do other lawful acts that may be necessary to protect Landlord’s interest in the Leased Premises under this Lease, to show the Leased Premises for any prospective purchasers or lenders or to perform Landlord's duties under this Lease. Landlord and Landlord’s agents shall have the right to enter the Leased Premises at any time in the case of an emergency. All such activities of Landlord shall be without abatement of rent or liability to Tenant. SPECIAL NOTE: Nothing in this Lease shall restrict Landlord when acting as the municipal authority (City) responsible for health and safety from acting in accordance with its powers applicable to all parts of the City.

10. SURRENDER OF PREMISES; HOLDING OVER. On the expiration or termination of this Lease, Tenant shall promptly surrender and deliver the Leased Premises to Landlord in good condition and repair subject to reasonable wear and tear and shall surrender all keys to the Leased Premises or, in the event of the loss of any keys, Tenant shall reimburse Landlord for the cost of replacing same. At the expiration of this Lease, if Tenant holds over for any reason, it is agreed, in absence of a written agreement to the contrary, tenancy shall then be from month-to-month only and not a renewal of this Lease, or an extension for any further term. Tenant shall pay monthly rent in an amount established by Landlord, and the month- to-month tenancy shall be subject to every other term, covenant and condition in this Lease that is consistent with and not contrary to a month- to- month tenancy.

11. DAMAGE AND DESTRUCTION; CONDEMNATION. If the Building is damaged or destroyed, whether partially or entirely, Landlord may elect, in its sole discretion, to repair, restore, or reconstruct the damaged building or to terminate this Lease. Landlord shall no obligation to rebuild the Building.

Within thirty (30) days of any destruction, Landlord shall provide notice to Tenant as to whether it terminate this Lease or restore the Building and the estimated time to accomplish same. If the restoration is estimated to be more than six (6) months, Tenant shall have the ri ght to elect to terminate this Lease by providing written notice to Landlord within thirty (30) days of Landlord’s 140

10 election notice. If Landlord elects to repair the Building, Landlord shall promptly commence and diligently pursue such restoration of the Building. Tenant shall give prompt notice to Landlord in case of fire or accidents in the Leased Premises or of any damage or defects in the Leased Premises or any fixtures or equipment therein. In the event that the damage was caused by Tenant or its employees, contractors or agents, Tenant shall be responsible to compensate Landlord for all damages. In the event that all or any portion of the Property is taken by eminent domain, all proceeds shall be paid only to Landlord and Tenant shall have no claim for any proceeds from such action and, if after the taking, the Leased Premises will not be reasonably suitable for Tenant’s operations, either party may terminate this Lease by written notice delivered to the other party within thirty (30) days of notice of such taking action.

12. WAIVERS OF LIABILITY AND INDEMNITY. Except as may be proximately caused by the gross negligence or willful misconduct of Landlord or its employees, contractors or agents, Landlord shall not be liable for any damage to property of Tenant, or of others, located in, on or about the Leased Premises, nor for the loss of or damage to any property of Tenant or of others by theft or otherwise. Landlord shall not be liable to Tenant or its officers, employees, invitees or representatives for any injury or damage to persons or property resulting from fire, explosion, falling plaster, steam, gas, electricity, water, rain or leaks from any part of the Leased Premises or from the pipes, appliances or plumbing works or from the roof, street or sub-surface or from any other places or by dampness or by any other cause of whatsoever nature. Landlord shall not be liable to Tenant or its officers, employees, invitees or representatives for any such damage caused by other occupants or persons in the Leased Premises, or the public, or caused by operations in construction of any private, public or quasi -public work, that are not proximately c aused by Landlord, or its emp loyees, contractors or agents. Landlord shall not be liable for any latent def ects in the Leased Premises thereon at any time after the Effective Date. All property of Tenant kept or stored on the Leased Premises shall be so kept or stored at the sole risk of Tenant and Tenant shall hold Landlord harmless from any claims arising out of damage to the same, including subrogation claims by Tenant’s insurance carriers, unless such damage shall be proximately caused by the acts or omissions of Landlord, or its employees, contractors or agents.

To the end of ensuring non- liability of Landlord under this Lease, Tenant shall defend, indemnify and hold har mless Landlord, and its officers, employees, invitees and agents, from and against any and all claims, actions, costs, expenses, judgments, awards, liabilities, penalties and demands whatsoever, together with reasonable attorney’s fees and court costs (collectively “Damages”) arising out of or concerning the activities of Tenant under this Lease, including, but not limited to, injury or death or damage to persons or property of invitees, agents, or employees of Landlord, Tenant or others, occurring in, on or about the Leased Premises and any resulting from Hazardous Materials (as defined in Section 3.7) brought to the Leased Premises by or on behalf of Tenant by any of its officers, employees, invitees or agents ; provided, that Tenant’s obligation to indemnify and hold harmless shall only be to the extent Tenant or any of its officers, employees, agents or invitees caused the Damages . If any action or proceeding in connection with any such matters is brought against Landlord, or any of its officers, employees, invitees or agents, notice shall be given to Tenant and Tenant shall be furnished with a copy of any papers served. Landlord shall have the right to defend any such action or proceeding, employing legal counsel selected by it. As between Landlord and Tenant, Landlord shall not be responsible or liable in any way for the presence of any toxic or H azardous Materials brought onto the Leased Premises by Tenant or any of i ts officers, employees, agents or invitees , including compliance with any requirements imposed by applicable governmental authorities; provided, that Landlord shall be responsible and liable for the presence of any toxic or Hazardous Materials that were present on the Leased Premises before the Effective Date. Termination of this Lease notwithstanding, the provisions of this Section shall continue in full force and effect as to any claims or other matter listed therein, without limitation in 141

11 time by virtue or any other provisions of this Lease. Any acceptance by the Landlord of insurance certificates and endorsements does not relieve Tenant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause also shall apply whether or not such insurance policies shall have been determined to be applicable to any of such damages or claims for damages.

13. ASSIGNMENT AND SUBLETTING. Tenant shall not assign this Lease in whole or in part, nor sublet or license all or any part of the Leased Premises, without the prior written consent of Landlord which consent may be withheld by Landlord unless such assignee or subtenant: (i) is financially responsible as evidenced by fi nancial statements and other evidence reasonably acceptable to Landlord ; (ii) Landlord is provided evidence and assurance that assignee can operate the cafe and generate the maximum income to maximize the rent paid to Landlord; and (iii) no amount is paid by assignee to Tenant for the assignment and/or there is no sublease rent paid to Tenant. The consent by Landlord to any assignment or subletting shall not constitute a waiver of the necessity for such consent to any subsequent assignment or subletting. Irrespective of any assignment or sublease, Tenant shall remain fully liable under this Lease and shall not be released from performing any of the terms, covenants and conditions of this Agreement. A transfer of any ownership interest in Tenant shall be deemed an assignment under this Lease. No interest of Tenant in this Lease shall be assignable by operation of law . Each of the following acts shall be considered an involuntary assignment: (i) if Tenant is or becomes bankrupt or insolvent, makes an assignment for the benefit of creditors,; or, if Tenant is a partnership or consists of more than one person or entity, if any partner of the partnership or other person or entity makes an assignment for the benefit of creditors, (ii) if a writ of attachment or execution is levied on this Lease or (iii) if, in any proceeding or action to which Tenant is a party, a receiver is appointed with authority to take po ssession of the Leased Premises. An involuntary assignment shall constitute a D efault by Tenant , and Landlord shall have the right to elect to terminate this Lease, in which case this Lease shall not be treated as an asset of Tenant . Any assignment or sublease of the Leased Premises without the prior written consent of Landlord shall be a material default of this Lease.

14. ESTOPPEL AND SUBORDINATION. Within seven (7) business days after notice from Landlord, Tenant shall execute, acknowledge and deliver to Landlord or its designee an estoppel certificate and or subordination agreement. Tenant’s failure to deliver such documents within the specified time period shall be a material default under this Lease. In addition, Tenant agrees to provide such financial statements of Tenant as may be reasonably required by Landlord or such lender or prospective purchaser.

15. INSURANCE.

15.1. Liability Insurance Coverage. Tenant, at its sole expense, shall obtain prior to entering onto the Property and/or commencing any activity described in this Lease, and shall maintain during the entire Lease Term, comprehensive general liability insurance, including, but not limited to, owned and non -owned vehicle liability, personal injury, blanket contractual, broad form property damage, product/completed operations liability coverage and host liquor coverage (and such other coverage regarding the sale of liquor as Landlord may require) shall be on a per occurrence basis and shall have limits of not less than $1,000,000 (One Million Dollars) combined single-limit per occurrence for bodily injury, personal injury and property damage liability. Tenant shall also maintain insurance on its personal property for its full replacement cost.

15.2. Worker’s Compensation Insurance. Tenant and all persons performing work for, or on behalf of Tenant, including, but not limited to, their contractors or sub -contractors, shall, at Tenant’s own cost and expense, procure and maintain during the performance of the 142

12 said work, a policy of workers’ compensation insurance and employer’s liability insurance in such amount as to willfully comply with the laws of the State of California.

15.3. Miscellaneous. All of the above policies of insurance, except workers ’ compensation insurance, shall name Landlord, its officers, employees, and agents as additional insureds. The insurance required by this Lease shall be satisfactory only if issued by companies qualified to do business in California, rated “A” or better in the most recent edition of Best Rating Guide, The Key Rating Guide or in the Federal Register, and only if they are of a financial category Class VII or better, unless such requirements are waived by the Director of Administrative Services or designee of the Landlord due to unique circumstances. The insurer shall waive all rights of subrogation and contribution it may have against Landlord, its officers, employees and agents and their respective insurers. Proof all policies required under this Section 15 are in effect shall be provided to Landlord prior to the Effective Date and thereafter after at least thirty (30) days prior to expiration of the then current policy. Tenant shall not occupy the Leased Premises nor conduct any business operations thereupon until Tenant has provided Landlord with Certificates of Insurance or appropriate insurance binders evidencing the above insurance coverages which are approved by Landlord.

Tenant shall comply with additional insurance requirements that Landlord may impose from time to time including increasing the amounts of insurance required by Section 15.1. Tenant shall be solely responsible to maintain any other insurance for its own protection.

16. DEFAULT

16.1. Default. The occurrence of any of the following events shall constitute a default on the part of Tenant under this Lease (“Default”):

16.1.1. Payment. A failure by Tenant to pay any sum due under this Lease within three (3) business days after written notice that such payment is due.

16.1.2. Operation Covenants. Tenant breaches the operation covenants in Section

3.2. 16.1.3. Performance of Lease Terms. Tenant’s failure to perform any of the terms, covenants, agreements or conditions of this Lease to be observed or performed by Tenant which default has not been cured within fifteen (15) days after written notice thereof by Landlord to Tenant; provided, however, that if the nature of the default is such that the same cannot reasonably be cured within the fifteen (15) day period, Tenant shall not be deemed to be in default if within such period Tenant shall promptly commence such cure and thereafter diligently prosecute the same to completion.

16.1.4. Abandonment. The abandonment of the Leased Premises.

16.1.5. Bankruptcy. The bankruptcy or insolvency of Tenant, any transfer by Tenant to defraud creditors, any assignment by Tenant for the benefit of creditors, or the commencement of any proceedings of any kind by or against Tenant under any provision of the Federal Bankrupt cy Act or under any other insolvency, bankruptcy or reorganization act unless, in the event any such proceedings are involuntary, Tenant is discharged from the same within sixty (60) days thereafter; the appointment of a receiver for a substantial part of the assets of Tenant; or the levy upon this Lease or any estate of Tenant hereunder by any attachment or execution.
143

13 16.1.6. Failure to Comply. Tenant’s failure to comply with the provisions contained in Sections 3, 13 or 15.

In addition, any notice required to be given by Landlord under this Lease shall be in lieu of, and not in addition to, any notice required under Section 1161 of the California Civil Code of Procedure.

16.2. Remedies. In the event of a Default by Tenant, Landlord may at any time thereafter, without limiting Landlord in the exercise of any right or remedy at law or in equity which Landlord may have by reason of such Default:

16.2.1. Continue Lease . Pursue the remedy described in California Civil Code Section 1951.4 whereby Landlord may continue this Lease in full force and effect after Tenant’s breach and recover the rent (including the Special Rent, if applicable) and any other monetary charges as they become due, without terminating Tenant’s right to sublet or assi gn this Lease, subject only to reasonable limitations as herein provided. During the period Tenant is in Default, Landlord shall have the right to do all acts necessary to preserve and maintain the Leased Premises as Landlord deems reasonable and necessary, including removal of all persons and property from the Leased Premises, and Landlord can enter the Leased Premises and relet them, or any part of them, to third parties for Tenant’s account. Tenant shall be liable immediately to Landlord for all costs Landlord incurs in reletting the Leased Premises , including, without limitation, brokers’ commissions, expenses of remodeling the Leased Premises required by the reletting, and like costs. Reletting can be for a period shorter or longer than the remaining Term.

16.2.2. Perform. Pay or perform such obligation due (but shall not be obligated to do so), if Tenant fails to pay or perform any obligations when due under this Lease within the time permitted for their payment or performance. In such case, the costs incurred by Landlord in connection with the performance of any such obligation will be additional rent due under this Lease and will become due and payable on demand by Landlord.

16.2.3. Terminate. Terminate Tenant’s rights to possession by any lawful means, in which case this Lease shall terminate and Tenant shall immediately surrender possession of the Leased Premises to Landlord. In such event Landlord shall be entitled to recover from Tenant all damages incurred by Landlord by reason of Tenant’s default, including, without limitation, the following: (A) the worth at the time of award of any unpaid Rent which had been earned at the time of such termination; plus (B) the worth at the time of award of the amount by which the unpaid Rent which would have been earned after termination until the time of award exceeds the amount of such Rent loss that is proved could have been reasonably avoided; plus (C) the worth at the time of award of the amount by which the unpaid Rent for the balance of the Term after the time of award exceeds the amount of such Rent loss that is proved could be reasonably avoided; plus (D) any other amount necessary to compensate Landlord for all the detriment proximately caused by T enant’s failure to perform its obligations under this Lease or which in the ordinary course of events would be likely to result therefrom; plus (E) at Landlord’s election, such other amounts in addition to or in lieu of the foregoing as may be permitted from time to time by applicable State law. In addition, Landlord shall be entitled to recover from Tenant the unamortized portion of any Tenant improvement 144

14 allowance, free rent or other allowance provided by Landlord to Tenant and any brokerage commission or finder ’s fee paid or incurred by Landlord in connection with this Lease (amortized with interest at the Interest Rate on a straight line- basis over the Lease Term of this Lease.) Upon any such termination of Tenant’s possessory interest in and to the Leased Pr emises, Tenant (and at Landlord’s sole election, Tenant’s subtenants) shall no longer have any interest in the Leased Premises, and Landlord shall have the right to make any reasonable repairs, alterations or modifications to the Leased Premises which Landlord in its sole discretion deems reasonable and necessary. The "worth at the time of award" of the amounts referred to in subparagraphs (A) and (B) above is computed by allowing interest at the maximum rate an individual is permitted by law to charge. The worth at the time of award of the amount referred to in subparagraph (C) above is computed by discounting such amount at t he discount rate of the Federal Reserve Bank of San Francisco at the time of award plus one percent (1%).

16.2.4. Additional Remedies. Pursue any other legal or equitable remedy available to Landlord. Unpaid installments of Rent and other unpaid monetary obligations of Tenant under the terms of this Lease shall bear interest from the date due at the rate of ten percent (10%) per annum until paid to Landlord.

17. DEFAULT BY LANDLORD; TRANSFER. Landlord shall be in default if Landlord fails to perform any of the covenants or conditions required on its part to be performed pursuant to this Lease, where such failure continues for a period of thirty (30) days after receipt of written notice from Tenant specifying the nature and extent of such default in detail; provided, that if such default is of a nature it cannot reasonably be cured within a thirty (30) day period, then Landlord shall have such additional time as may be required to effect such cure , but only if Landlord commences the cure within such thirty (30) day period. Landlord shall not be liable to Tenant for any damages sustained as a direct result of such default. Neither Landlord nor any of its officers, employees, or agents shall be personally liable. Tenant’s sole remedy for a default by Landlord is to terminate this Lease. In the event Landlord shall sell, convey, transfer or exchange the Property, Tenant agrees to recognize and attorn to the purchaser or transferee, as landlord hereunder and Landlord shall be and is relieved and released from any liability under any and all of its covenants and obligations under the Lease arising out of any act, occurrence or event arising after such sale, conveyance, transfer or exchange.

18. MISCELLANEOUS.

18.1. Entire Agreement. This Lease contains all agreements and understandings of the parties and supersedes and cancels any and all prior or contemporaneous written or oral agreements, instruments, understandings, and communications of the parties with respect to the subject matter herein.

18.2. No Brokerage Commission. Each party represents that it has not had dealings with any real estate broker, finder or other person, with respect to this Lease in any manner.

Each party shall hold harmless the other party from all damages resulting from any claim that may be asserted against the other party by any broker, finder, or other person with whom the other party has or purportedly has dealt.

18.3. Rights Cumulative. The rights and remedies of each party specified in this Lease shall be cumulative and shall inure to the benefit of the parties and its respective successors and assigns and be in addition to any other rights and remedies provided by law. 145

15 18.4. No Partnership. Landlord is not, in any way or for any purpose, a partner of Tenant in the conduct of its business, or otherwise, or joint venture or a member of a joint enterprise with Tenant by reason of this Lease.

18.5. Quiet Possession. Landlord covenants that Tenant, on the performance of its promises, conditions and covenants set forth i n this Lease, shall and may peacefully and quietly have, hold and enjoy the Leased Premises for the Term of this Lease.

18.6. Authority. Each party signing this Lease represents and warrants to the other that it has the authority to enter into this Lease, that the execution and delivery of this Lease has been duly authorized, and that upon such execution and delivery this Lease shall be binding upon and enforceable against the party.

18.7. Amendment. This Lease shall not be amended, revised, modified or revoked at any time without the written agreement of both parties.

18.8. Time. Time is expressly declared to be of the essence of this Lease and of each and every covenant, term, condition, and provision hereof.

18.9. Interest. Any sums not paid when due shall bear interest at the rate of ten percent (10%) per annum but not to exceed the maximum rate allowed by law.

18.10. Binding Effect. This Lease shall be binding on the parties, their representatives, successors, and assigns.

18.11. Governing Law. This Lease shall be governed by, construed, interpreted and enforced in accordance with the laws of the State of California. If any legal action is necessary to enforce the terms and condi tions of this Agreement, the parties agree that a court of competent jurisdiction in the County of S olano shall be the sole venue and jurisdiction for the bringing of such action.

18.12. Partial Invalidity. If any term, covenant or condition of this Lease or the application thereof to any person or circumstance shall to any extent, be invalid or unenforceable, then the remainder of this Lease, or the application for such term, covenant or condition to persons or circumstances other than those as to which it is held invalid or unenforceable, shall not be affected thereby and each term, covenant or condition of this Lease shall be valid and enforced to the fullest extent permitted by law.

18.13. Attorney’s Fees. If either party commences litigation against the other under this Lease, the prevailing party shall be entitled to recover from the other party such costs and reasonable attorneys’ fees as may have been incurred, including any and all costs incurred in enforcing, perfecting and executing such judgment.

18.14. Notices. Any notice herein required or permitted to be given shall be deemed given (i) three (3) days following the date the same is mailed, by United States certified mail, postage prepaid, return receipt requested, properly addressed to the party; or (ii) one (1) day following the date the same is mailed by a national overnight delivery service prepaid and delivery receipt requested, properly addressed to the party. Notices personally delivered shall be deemed given as of the date of personal delivery. Until changed, as hereinafter provided, notices and communications to the parties shall be addressed as follows:

To Landlord: City of Suisun City
701 Civic Center Blvd.

Suisun City, CA 94585
Attn: City Manager
146

16 Either party may change the address for the purpose of this Section by giving written notice of the change to the other party in the manner provided in this Section.

18.15. Force Majeure. In the event either party hereto shall be delayed or hindered in or prevented from the performance of any act required hereunder by reason of strikes, lock-outs, labor troubles, inability to procure materials, failure of power, governmental moratorium, riots, insurrection, war or other reason of a like nature not the fault of the party delaying in performing work or doing acts required under the terms of this Lease (but excluding delays due to financial inability), then performance of such act shall be excused for the period of such delay.

18.16. Construction. The provisions contained herein shall not be construed in favor of or against either party but shall be construed as if both p arties prepared this Lease. The headings contained in this Lease are inserted for convenience only and shall not affect in any way the meaning or interpretation of this Lease. The invalidity or unenforceability of any particular provision of this Lease shall not affect the validity or enforceability of the other provisions. In the event of invalidity or unenforceability of a particular provision, this Lease shall be construed in all respects as if the invalid or unenforceable provisions were omitted.

18.17. Waivers. Either party's waiver of any breach of any provision contained in this Lease shall not be deemed to be a waiver of the same provision for subsequent acts of the other party.

18.18. Survival. All indemnity obligations of Tenant under this Lease shall survive termination of this Lease.

18.19. Counterparts. This Lease may be executed in several counterparts of which each shall be deemed a duplicate original but all of which shall constitute a single document.

18.20. Exhibits. Exhibits A, B, C and D attached hereto are incorporated herein by reference. [SIGNATURES ON THE FOLLOWING PAGE]

With Copy to: City of Suisun City
701 Civic Center Blvd.

Suisun City, CA 94585
Attn: City Attorney

To Tenant: Mama Laine’s Café
914 Craven Drive
Suisun City, CA 94585
Attn: Elaine Perkins-Smith

147

17 IN WITNESS WHEREOF, the parties have executed this Lease as of the dates specified below.

LANDLORD: TENANT:

CITY OF SUISUN CITY,
a municipal corporation

By: __________________________
Greg Folsom, City Manager

ATTEST:

______________________________
Anita Skinner, City Clerk

Date: ____________, 2023

APPROVED AS TO FORM:

ALESHIRE & WYNDER, LLP

By: ______________________________
Elena Gerli, City Attorney

MAMA LAINE’S CAFÉ,
a sole proprietorship

By: __________________________
Elaine Perkins-Smith

Its: Owner and CEO

Date: ____________, 2023

148

01107.0020/891458.2
Exhibit A
1 EXHIBIT “A”

SITE PLAN DEPICTING LOCATION OF LEASED PREMISES

AND INTERIOR COMMON AREAS

149

01107.0020/891458.2
Exhibit B

Page 1 ends

Suisun City City CouncilJune 27, 2023

Suisun City City Council
June 27, 2023