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HomeMy WebLinkAbout2015 08 05NOTICE CALL OF A SPECIAL MEETING OF THE CITY COUNCIL TO THE MEMBERS OF THE AFOREMENTIONED AGENCIES AND THE CITY CLERK OF THE CITY OF BALDWIN PARK NOTICE IS HEREBY GIVEN that a Special Meeting is hereby called to be held on WEDNESDAY, AUGUST 5, 2015 at 5:30 PM. at City Hall — 3rd Floor Conference Room 307, 14403 East Pacific Avenue, Baldwin Park, CA 91706. Said Special Meeting shall be for the purpose of conducting business in accordance with the attached Agenda. NO OTHER BUSINESS WILL BE DISCUSSED Dated: July 30, 2015 All— Manuel Lozano Mayor AFFIDAVIT OF POSTING I, Alejandra Avila, City Clerk of the City of Baldwin Park, certify that I caused the aforementioned Notice and Call of a Special Meeting to be delivered via email (hard copy to follow) to each Member and e-mail to the San Gabriel Valley Tribune, and that I posted said notice as required by law on July 30, 2015. Alejandra Avila City Clerk ur ► CITY COUNCIL SPECIAL MEETING Please note time and meeting UGLIST 5, 2+ 15 ~' location 5:30 PM : CITY HALL — 3'd Floor, Conference Room 307 14403 EAST PACIFIC AVENUE BALDWIN PARK, CA 91706 (626) 960-4011 Manuel Lozano Cruz Baca Monica Garcia Ricardo Pacheco Susan Rubio Mayor Mayor Pro Tem Councilmember Councilmember Councilmember PLEASE TURNOFF CELL PHONES AND PAGERS WH/LE MEET/NG /S /N PROCESS POR FA VOR DE APAGAR SUS TELEFONOS CELULARES Y KEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish-speaking iatetp��ter ►s ava►lablefrour convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podrcl hacerlo durante el perfodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por tres (3) minutos. Hay ... un int&larte para su convenienc►a. e .__ CITY COUNCIL SPECIAL MEETING — 5:30 P.M. CALL TO ORDER ROLL CALL: Council Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tem Cruz Baca and Mayor Manuel Lozano PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sercl el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK IF YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may. 1) Briefly respond to statements made or questions asked by persons; or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.2] ESTE ES EL PERIODO DESIGNADO PARA DIRIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tomar acci6n en algun asunto a menos que sea incluido en la agenda, o a menos que exista algona emergencia o circunstancia especial. EI cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraci6nes o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fijar asuntos para tomar en consideraci6n en juntas proximas. [Codigo de Gobierno §54954.2] OPEN SESSION/STUDY SESSION 1. PRESENTATION ADDRESSING INQUIRIES FROM COUNCIL REGARDING ROEM PROJECT, PHASE II Presentation by Dereck Allen, providing additional information and responses to inquiries made of Council at its last Study Session at which the ROEM Project, Phase II, was discussed. 2. PRESENTATION FOR CONSIDERATION TO ALLOW OPEN STORAGE OF VEHICLES IN THE INDUSTRIAL COMMERCIAL (IC) ZONE Presentation regarding property located at 12819 Garvey Avenue to consider allowing the open storage of vehicles in the Industrial Commercial (IC) zoning district.. 3. CITY COUNCIL STANDING RULES / CODE OF CONDUCT Discussion regarding proposed rules/code of conduct. RECESS TO CLOSED SESSION 1. PUBLIC EMPLOYEE PERFORMANCE EVALUATION (GC §54957) Housing Manager City Planner 2. CONFERENCE WITH LABOR NEGOTIATORS Pursuant to Government Code Section 54957.6: Agency designated representatives: Shannon Yauchzee; Jimmy Gutierrez Ern to ee Or anizations: Police Officer Association; Professional and Technical Employees Association; Clerical Employees Association; Classified Confidential Employees Association; Classified Management Employees Association Unre resented�oyee s : City Planner; Housing Authority Manager; Community Development Director; Human Resource Manager; Police Chief; Finance Director; Public Works Director; Recreation and Community Services Director 3. CONFERENCE WITH LEGAL COUNSEL—ANTICIPATED LITIGATION Significant exposure to litigation pursuant to paragraph (2) of subdivision (d) of Government Code Section 54956.9: Potential Case(s): One (1) 4. CONFERENCE WITH LEGAL COUNSEL—EXISTING LITIGATION Pursuant to paragraph (1) of subdivision (d) of Government Code Section 54956.9: Case Name: City of Baldwin Park v. City of Irwindale, Case Number: BS152919 RECONVENE IN OPEN SESSION REPORT FROM CLOSED SESSION ADJOURNMENT CERTIFICATION I, Alejandra Avila, City Clerk of the City of Baldwin Park hereby that, certify under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 24 hours prior to the meeting on July 30, 2015. / Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and supporting documentation pertaining to each Item on this agenda are available for public viewing and inspection at City Hall, 2`1d Floor Lobby Area or at the Los Angeles County Public Library in the Cily of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626) 960-4011 ext. 466 or e-mail krusr�ti laairlwli�narla.c�om. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE ll) W- • BALDWIN PARKCITY COUNCIL REGULAR MEETING A GUST 5, 2015 7:00 PM COUNCIL CHAMBER 14403 E. Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podr6 hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por Cres (3) minutos. Hay un int6rprete para su conveniencia. f1 tOflrC n pabI 'sic i ''co "i Pai,� CiFF+, ho, al) )lIti, 4 d i irt"�� n' fdr,,,:�n FIaICen wrd ssan;J C t�N iihC i"Y CoiCCCiCiid' #"v6,"I1iIi��1�P�"J�Ci,f �"��.*l P.�.��r 4 "!e'. a i� "iifiit(;rf� ��a"i,v.� I�'�``CxrMA r',�:�p:' �iRi�iiC,'.µ if:��aldi}��', �tiCd ��'9�i�` iiA4i�i^ti'��Pdx"�� l�r'l+a"�t" �M�x ��iPlfl�iG�xJ�:'l��ri,� ���rP",�:7P,."n���M� � ,�k"+;nryfgln""'�,�ee;:aP"i '0 (")(h��' �'o'0 In �i„he 4 ��i'lY ".r �, �'�r„ .�°I* i l 14 �„� �. d':."ai�'i ur Rl��`�,� ,��vei% ,it' , 3nl ��`�l".:lot 'C �'..i',�'P� � � ��" r, u. !l'i hours (°d?J'Oh�JC",fid"'igyp �� „ , (7fi`�x �:) ,ii F �"�d.� .iI+.T iiP;'i��..d':i.�� d,�fiJ,',I��PiNP ,�,.� BALDW I N sx Manuel Lozano - Mayor Cruz Baca - Mayor Pro Tem Monica Garcia - Council Member Ricardo Pacheco - Council Member Susan Rubio - Council Member PLEASE TURN OFF CELL PHONES AND PAGERS WHILE MEETING IS IN PROCESS POR FAVOR DE APAGAR SUS TELEFONOS CELULARES Y BEEPERS DURANTE LA JUNTA PUBLIC COMMENTS The public is encouraged to address the City Council or any of its Agencies listed on this agenda on any matter posted on the agenda or on any other matter within its jurisdiction. If you wish to address the City Council or any of its Agencies, you may do so during the PUBLIC COMMUNICATIONS period noted on the agenda. Each person is allowed three (3) minutes speaking time. A Spanish speaking interpreter is available for your convenience. COMENTARIOS DEL PUBLICO Se invita al publico a dirigirse al Concilio o cualquiera otra de sus Agencias nombradas en esta agenda, para hablar sobre cualquier asunto publicado en la agenda o cualquier tema que est6 bajo su jurisdicci6n. Si usted desea la oportunidad de dirigirse al Concilio o alguna de sus Agencias, podr6 hacerlo durante el periodo de Comentarios del Publico (Public Communications) anunciado en la agenda. A cada persona se le permite hablar por Cres (3) minutos. Hay un int6rprete para su conveniencia. f1 tOflrC n pabI 'sic i ''co "i Pai,� CiFF+, ho, al) )lIti, 4 d i irt"�� n' fdr,,,:�n FIaICen wrd ssan;J C t�N iihC i"Y CoiCCCiCiid' #"v6,"I1iIi��1�P�"J�Ci,f �"��.*l P.�.��r 4 "!e'. a i� "iifiit(;rf� ��a"i,v.� I�'�``CxrMA r',�:�p:' �iRi�iiC,'.µ if:��aldi}��', �tiCd ��'9�i�` iiA4i�i^ti'��Pdx"�� l�r'l+a"�t" �M�x ��iPlfl�iG�xJ�:'l��ri,� ���rP",�:7P,."n���M� � ,�k"+;nryfgln""'�,�ee;:aP"i '0 (")(h��' �'o'0 In �i„he 4 ��i'lY ".r �, �'�r„ .�°I* i l 14 �„� �. d':."ai�'i ur Rl��`�,� ,��vei% ,it' , 3nl ��`�l".:lot 'C �'..i',�'P� � � ��" r, u. !l'i hours (°d?J'Oh�JC",fid"'igyp �� „ , (7fi`�x �:) ,ii F �"�d.� .iI+.T iiP;'i��..d':i.�� d,�fiJ,',I��PiNP ,�,.� m�.� ......._ _...... wwww._... ..... ..... CITY COUNCIL REGULAR MEETING — 7:00 PM CALL TO ORDER INVOCATION PLEDGE OF ALLEGIANCE ROLL CALL Council Members: Monica Garcia, Ricardo Pacheco, Susan Rubio, Mayor Pro Tem Cruz Baca and Mayor Manuel Lozano ANNOUNCEMENTS PROCLAMATIONS COMMENDATIONS & PRESENTATIONS • Presentation of Project Status for Interstate 10/605 Interchange Project by Haese & Wood, PR. Presentation of the new City of Baldwin Park web site, set for rollout by August 15th by the City's Information Technologies staff. PUBLIC COMMUNICATIONS Three (3) minute speaking time limit Tres (3) minutos sera el limite para hablar THIS IS THE TIME SET ASIDE TO ADDRESS THE CITY COUNCIL PLEASE NOTIFY THE CITY CLERK /F YOU REQUIRE THE SERVICES OF AN INTERPRETER No action may be taken on a matter unless it is listed on the agenda, or unless certain emergency or special circumstances exist. The legislative body or its staff may: 1) Briefly respond to statements made or questions asked by persons, or 2) Direct staff to investigate and/or schedule matters for consideration at a future meeting. [Government Code §54954.21 ESTE ES EL PERIODO DES/GNADO PARA D/RIGIRSE AL CONCILIO FAVOR DE NOTIFICAR A LA SECRETARIA SI REQUIERE LOS SERVICIOS DEL INTERPRETE No se podra tome accion en algun asunto a menos que sea incluido en la agenda, o a menos que exista alguna emergencia o circunstancia especial. El cuerpo legislativo y su personal podran: 1) Responder brevemente a declaraciones o preguntas hechas por personas; o 2) Dirigir personal a investigar y/o fyar asuntos para tomar en consideracion en juntas proximas. [Codigo de Gobierno §54954.21 City Council Agenda Page 2 CONSENT CALENDAR All items listed are considered to be routine business by the City Council and will be approved with one motion. There will be no separate discussion of these items unless a City Councilmember so requests, in which case, the item will be removed from the general order of business and considered in its normal sequence on the agenda. WARRANTS AND DEMANDS Staff recommends that Council ratify the attached Warrants and Demands Register. 2. REJECTION OF CLAIMS Staff recommends that Council reject the following claim and direct staff to send the appropriate notice of rejection to claimant: Farios, Evelyn Claimant alleges that a rock was thrown at her car while her car was in front of the park. 3. MEETING MINUTES Staff recommends that Council receive and file the following Meeting Minutes: A. Meeting Minutes of the Special City Council Meetings held on April 11, 2012. 4. VACATION OF STREETS — PARCEL MAP NO. 1417 Staff recommends that Council approve and adopt Resolution No. 2015-083, entitled "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF PARK PLACE, CLARK STREET AND AN ADJACENT ALLEY IN THE CITY OF BALDWIN PARK. 5. FUNDING AGREEMENT — METRO TOLL GRANT Staff recommends that Council approve the Funding Agreement with the Los Angeles County Metropolitan Transportation Authority (LACTMA), to provide funding through the Metro Expresslanes Net Toll Revenue Re -Investment Grant Program. 6. APPROVE THE PROPOSAL AND PROFESSIONAL SERVICES CONTRACT WITH REVENUE & COST SPECIALISTS, LLC, TO CONDUCT A LAW ENFORCEMENT DEVELOPMENT IMPACT FEE STUDY Staff recommends that Council approve the Consultant Services Agreement and associated Law Enforcement Development Impact Fee (DIF) Proposal, with Revenue & Cost Specialists, LLC, and authorize the Mayor to execute the contract. 7.. APPROVE A PROFESSIONAL SERVICE AGREEMENT WITH AIM CONSULTING SERVICES TO IDENTIFY AND PRIORITIZE SERVICES FOR AN ECONOMIC DEVELOPMENT STRATEGY Staff recommends that Council approve the Agreement with AIM Consulting Services for professional services to assist in developing an economic development strategy for a term of four (4) months; authorize the appropriation of $32,000 to Account No. 100-40-405-51100-00000-2; and authorize the Chief Executive Officer to execute the Agreement. City Council Agenda Page 3 8. APPROVE THE LETTER(S) OF OPPOSITION TO THE PROPOSED ASSEMBLY BILL 57, IN CONCURRENCE WITH THE LEAGUE OF CALIFORNIA CITIES POSITION OF OPPOSITION Staff recommends that Council approve the Letters of Opposition addressed to State Legislators expressing objection to the proposed Assembly Bill (AB) 57, known as the (Quirk) Wireless Telecommunications Facilities Bill, thereby supporting the League of California Cities' opposition to AB 57. 9.. APPROVE A CONSULTANT SERVICE AGREEMENT WITH WITHERS AND SANDGREN TO PROVIDE DESIGN SERVICES FOR REPLACEMENT OF TURF WITH LOW-WATER LANDSCAPE IN THE STREET MEDIANS Staff recommends that Council approve the Consultant Services Agreement with Withers and Sandgren, to provide professional services for the design of low-water landscape to replace turf in the City's street medians, and authorize the Mayor to execute the contract. 10. APPROVE THE CONSULTANT SERVICES AGREEMENT WITH PSOMAS, INC., TO PROVIDE THE DESIGN OF AND PLAN SPECIFICATIONS FOR THE SAN GABRIEL RIVER COMMUTER BIKEWAY Staff recommends that Council approve the Consultant Services Agreement with Psomas, Inc., to provide the design of and plan specifications for the San Gabriel River Commuter Bikeway, and authorize the Mayor to execute the contract. 11. APPROVE AN AGREEMENT WITH CM AMUSEMENTS AND PRODUCTIONS, INC., FOR CARNIVAL SERVICES THE DOWNTOWN STREET MARKET Staff recommends that Council approve the Agreement with CM Amusements and Productions, Inc., to provide Carnival Services during the Downtown Street Market, during the period of August 13 through August 16, 2015, and authorize the Mayor to execute the Agreement. 12. APPROVE A RESOLUTION AND THE LETTER(S) OF SUPPORT, IN CONCURRENCE WITH THE LEAGUE OF CALIFORNIA CITIES AND THE FIX OUR ROADS COALITION, URGING THE STATE TO PROVIDE SUSTAINABLE FUNDING FOR STATE AND LOCAL TRANSPORTATION INFRASTRUCTURE Staff recommends that Council approve Resolution No. 2015-084, entitled "A Resolution of the City Council of the City of Baldwin Park, California, Urging the State to Provide New Sustainable Funding for State and Local Transportation Infrastructure;" and approve the Letters of Support addressed to State Legislators expressing support for the Fix Our Roads Coalition and its proposed Seven Priorities and Funding Sources, in concurrence with the League of California Cities. 13. HOUSING ELEMENT PROGRESS REPORT 2014 Staff recommends that Council receive and file the Housing Element Progress Report for 2014. City Council Agenda Page 4 14. APPROVE AND ACCEPT THE PLANS AND SPECIFICATIONS FOR CITY PROJECT NO. 2015-0091, RESIDENTIAL STREET REHABILITATION PROJECT, AND AUTHORIZE THE PUBLICATION OF A NOTICE AND INVITATION TO BID ON THE PROJECT. Staff recommends that Council approve and accept the plans and specifications for City Project No. 2015-0091, Residential Street Rehabilitation Project, and authorize the publication of a Notice and Invitation to Bid on the Project. 15. APPROVE AND ADOPT RESOLUTIONS TO APPROVE MEMORANDUMS OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND BALDWIN PARK POLICE OFFICERS ASSOCIATION, THE CITY OF BALDWIN PARK AND THE PROFESSIONAL AND TECHNICAL CITY EMPLOYEES ASSOCIATION; THE CITY OF BALDWIN PARK AND THE CLASSIFIED MANAGEMENT EMPLOYEES ASSOCIATION; THE CITY OF BALDWIN PARK AND THE CLASSIFIED MANAGEMENT ASSOCIATION; AND ADOPT RESOLUTIONS AMENDING THE EXECUTIVE BENEFITS MATRIX AND UNCLASSIFIED MANAGEMENT BENEFITS MATRIX Staff recommends that Council approve and adopt Resolution Nos. 2015-054, 2015- 055, 2015-056 and 2015-059, respectively, thereby approving the Memorandums Of Understanding between the City Of Baldwin Park and the Baldwin Park Police Officers Association; the City Of Baldwin Park and the Professional and Technical City Employees Association; the City Of Baldwin Park and the Classified Management Employees Association; the City Of Baldwin Park and the Classified Management Association; and Resolution No. 2015-081, amending the Executive Benefits Matrix and the Unclassified Management Benefits Matrix. REPORTS OF OFFICERS CITY COUNCIL / CITY CLERK / CITY TREASURER / STAFF RE VESTS COMMUNICATIONS • Request by Councilmember Ricardo Pacheco for discussion and direction to staff on the following: Discuss and give direction to staff to gather information and report on the feasibility of creating a downtown business program that would promote monthly events, develop social media, and create newsletters to enhance business activity in the downtown district. ADJOURNMENT City Council Agenda Page 5 CERTIFICATION 1, Alejandra Avila, City Clerk of the City of Baldwin Park hereby certify that, under penalty of perjury under the laws of the State of California, the foregoing agenda was posted on the City Hall bulletin board not less than 72 hours prior to the meeting. Dated this 30th day of July, 2015. 417 Alejandra Avila City Clerk PLEASE NOTE: Copies of staff reports and SUppoiling documentation pertaining to each item, on, this agenda are available for public viewing and inspection at City Hall, 2nd Floor Lobby Area or at the Los Angeles County Public Library in the City of Baldwin Park. For further information regarding agenda items, please contact the office of the City Clerk at (626)'960-4011 ext. 466 or via e-mail at krusse1[@Baldwin pgLrkqq. In compliance with the Americans with Disabilities Act, if you need special assistance to participate in this meeting, please contact the Public Works Department or Risk Management at (626) 960-4011. Notification 48 hours prior to the meeting will enable staff to make reasonable arrangements to ensure accessibility to this meeting. (28 CFR 34.102.104 ADA TITLE 11) City Council Agenda Page 6 STAFF REPORT lice] ITEM NO. Honorable Mayor and City Councilmembers FROM: Rose Tam, Assistant Accounting Manager DATE: August 05, 2015 SUBJECT: WARRANTS AND DEMANDS. SUMMARY Attached is the Warrants and Demands Register for the City of Baldwin Park to be ratified by the City Council. FISCAL IMPACT The payroll for the last period was $765,410.90 and the attached General Warrants Register were $175,666.44 for a total amount of $941,077.34. LEGAL REVIEW None required. RECOMMENDATION Staff recommends that the City Council ratify the attached Warrants and Demands Register. BACKGROUND The attached Claims and Demands report format meets the required information as set out in the California Government Code. Staff has reviewed the requests for expenditures for the appropriate budgetary approval and for the authorization from the department head or its designee. Pursuant to Section 37208 of the California Government Code, the Chief Executive Officer or his/her designee hoes hereby certify to the accuracy of the demands hereinafter referred. Payments released since the previous City Council meeting and the following is a summary of the payment released: 1. The two payrolls of the City of Baldwin Park consisting of check numbers 197163 to 197254. Additionally, Automated Clearing House (ACH) Payroll deposits were made on behalf of City Employees from control number 242483 to 242993 for the period of June 07, 2015 through July 04, 2015, inclusive; these are presented and hereby ratified in the amount of $765,410.90. 2. General Warrants, including check numbers 205510 to 206032, in the total amount of $175,666.44 constituting of claims and demands against the City of Baldwin Park, are herewith presented to the City Council as required by law, and the same hereby ratified. w I 11h 0 Id"11 II wrp 10 0 Ol P4 1911 WC 4A llg� IN Uld M wv 0 v. 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DATE: August 5, 2015SAN „ SUBJECT: CLAIMS REJECTION t60 JA SUMMARY This report requests City Council reject the Claims for Damages to person or property received for filing against the City of Baldwin Park. FISCAL IMPACT Unknown at this time. RECOMMENDATION Staff recommends City Council reject the following claims and direct staff to send the appropriate notice of rejection to claimants: Farios, Evelyn Claimant alleges that a rock was thrown at her car while her car was in front of the park. This government claim, and all government claims, should be considered as potential lawsuits in the future. Thus, it is requested that all City Staff, the Mayor and all Councilmembers refrain from making any statements, whether public or private in nature. It is important that no statements be made so as to not prejudice this claim in any way which can happen if public or private comments are made about this claim by City staff or Councilmembers. BACKGROUND In order for the statute of limitations to begin on the claims received, it is necessary for the City Council to reject the claims by order of motion and that the claimants are sent written notification of said action. LEGAL REVIEW Any inquiries are to be directed to the City Attorney. ALTERNATIVES None. ATTACHMENTS None. MINUTES BALDWIN PARK CITY COUNCIL STUDY SESSION AND SPECIAL MEETING April 11, 2012, 7:00 P.M. COUNCIL CHAMBER -14403 E. Pacific Avenue, Baldwin Park, 91706 CALL TO ORDER The meeting was called to order by Mayor Lozano. ROLL CALL PRESENT: Councilmember Ricardo Pacheco Councilmember Monica Garcia Councilmember Susan Rubio Mayor Pro Tem Cruz Baca Mayor Manuel Lozano PUBLIC COMMUNICATIONS Mayor Lozano opened Public Communications. Seeing no one wishing to speak, Public Communications were closed.. OPEN SESSION There being no items for consideration in Open Session, the meeting recessed to Closed Session. 1. CONFERENCE WITH LABOR NEGOTIATIONS Pursuant to Government Code Section 54957.6: �ei2cy d signateLc esentatwv ls: Vijay Singhal, Chief Executive Officer and other representatives as designated Eoe� . gnizatior�_s: SEIU; Clerical; Professional and Technical Employees; Police Em tOr ..�.. Management Employees; Confidential Employees; Confidential Management and Baldwin Park Police Officer's Association; Unrepresented employees; and part-time employees 2. CONFERENCE WITH LEGAL COUNSEL --EXISTING LITIGATION (Subdivision (a) of Section 54956.9) Mitzuh Carrillo, Case No.: 2010107917 and 2010107915 Mayra Vargas, Case No.: 11-110234 and 11-110353 3. CONFERENCE WITH LEGAL COUNSEL - POTENTIAL LITIGATION GC§54956.9(b) One (1) Case ADJOURNMENT There being no further business, the meeting was adjourned. ATTEST: City Clerk APPROVED: Mayor Page 1 of 1 ITEM NO. STAFF REPORT' ' +,�lr TO: Honorable Mayor and City Council members ,wrr a rw e , FROM: Daniel Wall, P.E., Director of Public Works / City Engineer t" .. F SAN,c R1EL ,' DATE: August 5, 2015 t.�.r." ,�� SUBJECT: RESOLUTION 2015-083 JAW11 " VACATION OF STREETS — PARCEL MAP NO. 1417 SUMMARY This item vacates a portion of Park Place, a portion of Clark Street and an alley as shown on Tentative Parcel Map No. 1417 approved by the Planning Commission, on April 9, 2014, pursuant to the State Subdivision Map Act, City of Baldwin Park Municipal Code, Govt C §§ 66477.2(c), 65402, and Str & H C § 8300 et seq. FISCAL IMPACT The vacation of the streets and alley will have no negative impact on the City's General Fund. These actions will allow the property owner to move forward with the development of the property and eliminate the City's responsibility for the maintenance of the streets and alley being vacated. RECOMMENDATION It is recommended that the City Council: Waive further reading, read by title only, and adopt Resolution No. 2015-083 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF PARK PLACE, CLARK STREET AND AN ALLEY IN THE CITY OF BALDWIN PARK." BACKGROUND On April 9, 2014, the Planning Commission approved Tentative Parcel Map No. 1417 creating four lots from 30 lots, and thereby legalizing the expanded current use of the property. Included in the approved Tentative Pacel Map was the vacation of 6,400 s.f. of land area which has been dedicated to the City for street right -of way. These vacated streets will be returned to the adjacent underlaying property owner, Park Ramona, Inc. The portion of Clark Street to be vacated is not a part of the City's Master Street Plan, nor is it a part of the Circulation Plan contained in the City's General Plan. The portion of Park Place to be vacated is bordered on both sides by property owned by Park Ramona, Inc., is no longer needed by the City. LEGAL REVIEW This Report has been reviewed by the City Attorney. ATTACHMENTS A. Resolution 2015-083 Attachment RESOLUTION NO. 2015-083 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, ORDERING THE VACATION OF A PORTION OF PARK PLACE, CLARK STREET AND AN ADJACENT ALLEY IN THE CITY OF BALDWIN PARK. WHEREAS, the City of Baldwin Park accepted the right of way for street and highway purposes portions of Park Place, Clark Street and an Alley; and WHEREAS, the right of way was obtained for the sole purposes of street and highway uses; and WHEREAS, Tentative Parcel Map No. 1417 consolidates 30 lots into four lots in a configuration that provides access without the portions of Park Place, Clark Street and an Alley to be vacated; and WHEREAS, Tentative Parcel Map No. 1417 supersedes by vacation the portions of Park Place, Clark Street and an Alley in the City of Baldwin Park, County of Los Angeles, State of California, more particularly described as: That portion Park Place beginning at the southwest corner of Lot 23 of Tract 4455, thence northerly along the western boundary of Lots 23, 22, 21, and 20 to the Northwest corner of lot 20; thence westerly to the Northeast corner of Lot 18, thence southerly along the eastern boundary of Lots 18, 17, and 16, thence easterly to the point of beginning, that portion of Tract 4455 as recorded in Book 50 Page 1 of maps in the Office of the County Recorder of Los Angeles County. That portion of Clark Street beginning at the northwest corner of Lot 20 of Tract 4455, thence easterly to the northeast corner of Lot 20, thence northerly to the southeast corner of lot 19, thence westerly along the southern boundary of lot 19 to the southwest corner of Lot 19 thence south westerly to the northern most western corner of Lot 18, thence easterly along the northern boundary of Lot 18 to the northeast corner of Lot 18, thence easterly to the point of beginning, that portion of Tract 4455 as recorded in Book 50 Page 1 of maps in the Office of the County Recorder of Los Angeles County. The Alley beginning at the northwest corner of Lot 2 of Tract 4455; thence northerly along a prolongation of the western boundary of Lot 2 to a point on the southern boundary of Lot 34, thence easterly from said point along the southern boundary of lot 34 to the northwest corner of lot 1. Thence southerly along the western boundary of lot 1 to the northeastern corner of lot 2, thence westerly along the northern boundary of lot 2 to the point of beginning. ;and Resolution 2015-083 Page 2 WHEREAS, for the purpose of this vacation the City Council elects to proceed under the Summary Vacation and Abandonment of Streets Act of 1969 of the State of California (Chapter 665, Statutes of 1969) ; Division 2.5, Chapter 5 of the Streets and Highways Code. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVE AS FOLLOWS: SECTION 1. That the recitations and findings made above are true and correct, including the legal description of the subject property to be vacated; and SECTION 2. That it is hereby found and determined that said potions of Park Place, Clark Street and an Alley hereinbefore more particularly described as unnecessary for present or prospective public street purposes and is not useful as a bicycle path or routes and that public interest requires the vacation. SECTION 3. That this Resolution shall take effect immediately upon adoption. PASSED, APPROVED, AND ADOPTED this 5th day of august 2015. MANUEL LOZANO MAYOR ATTEST. STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS: CITY OF BALDWIN PARK ) I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2015-083 was duly adopted by the City Council of the City of Baldwin Park at the regular meeting thereof held on August 5, 2015 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ALEJANDRA AVILA CITY CLERK STAFF REPORT M RM ITEM NO. 1 5 TO: Honorable Mayor and City Councilmembers ,­-- FROM: Daniel Wall, P.E., Director of Public Works / City Engi gee (f1k/V " 1 DATE: August 5, 2015 r �l SUBJECT: FUNDING AGREEMENT — METRO TOLL GRANT ry SUMMARY This item will approve a funding agreement allowing the City to receive $700,395 from the Los Angeles County Metropolitan Transportation Authority (LACMTA) for the Baldwin Park Commuter Connection Express Line (Trolley) through the Metro ExpressLanes Net Toll Revenue Re -Investment Grant Program. FISCAL IMPACT Approval of this agreement will not impact the General Fund. The City's match for this $700, 395 grant is $64,000. This $64,000 will come from restricted Prop A funds. RECOMMENDATION It is recommended that the City Council approve the Funding Agreement with LACTMA and authorize the Mayor to execute the same. BACKGROUND On October 24, 2014, the LACMTA approved the guidelines establishing a discretionary grant program to reinvest ExpressLanes net toll revenue in transit improvement. Based on the guidelines and the City's desire to capture a greater portion of the spending power of a daytime population in excess of 25,000 employees and visitors per day to the Kaiser Permanente Baldwin Park Medical Center and as well as other major employers on the south side of the City for restaurants and merchants in the City, the Department of Public Works applied for a grant to fund a trolley program. The Trolley program will take people directly to and from the Metrolink Station and major employment centers on the south side of the City Monday through Friday between 6:00 am and 11:00 am and again between 2:30 pm to 7:00 pm. Between the hours of 11:00 am and 2:30 pm the trolleys will operate between South side employment centers and the Downtown District. The grant provides funding toward the purchase of two replica trolley busses, the installation of eight new bus stops, lighting improvements at and near the bus stops, and two years of bus operations. Additional funding for the trolleys will come from the City's restricted Prop A funds. While the agreement shows specific routes and trolley stop locations, the routes may be altered, and trolley stops added based on ridership desires. LEGAL REVIEW This agreement has been reviewed by the City Attorney Funding Agreement Metro Toll Grant - Trolleys August 5, 2015 ALTERNATIVES Alternatively, the City Council could choose to not enter into this agreement and forgo the funding of this program ATTACHMENTS: A. Funding Agreement MXL Grant# MX201404 Agreement # 920000000MX201404 FUNDING AGREEMENT Metro ExpressLanes Net Toll Revenue Reinvestment Funds This Funding Agreement ("Agreement") is dated May 15, 2015 for reference purposes only, and is by and between the Los Angeles County Metropolitan Transportation Authority ("LACMTA") and City of Baldwin -park ("Grar tee") fog' Baldwin Park, C'ornin tcw:r Connector Express 1,ine --- Metro FxpressLanes Net Toll Revenue Re -Investment Grant IDS` M.X201404 as described in this Ag;recniient andlthe attachments hereto (the "Project",), WHEREAS, on October 24, 2013, the Board of Directors of LACMTA approved the Congestion Reduction Demonstration Program Net Toll Revenue Reinvestment Guidelines, establishing a discretionary Gra- rt Program to reinvest ExpressLanes net toll revenue inTransit ransat Improvement, Active"ransporta.titn/Systerx Cozxcct:vrty and Hig#iway Imprcvr..rac;ots projects inthe I-10 and I-110 corridors; and WHEREAS, on. July 24, 2014,.the Board of Directors of LACMTA approved'die ExpressLanes Net Toll Reverr:r.re Reinvestment Grant ExperidiL re Plart, authorizing tl°ra award, of'Net Toll Revenue Reinvestment Grant funds to Grantee; and WHEREAS, LACMTA is the agency responsible for administering the net toll revenues; and WHEREAS, LACMTA and GRANTEE desire to agree to the terms and conditions of this Agreement. NOW, THEREFORE, the parties hereby agree as follows: The terms and conditions of this Agreement consist of the following and each is incorporated by reference herein as if fully set forth herein: 1. Part I - Specific Terms of the Agreement 2. Part II - General Terms of the Agreement r 3. Attachment A - Project Funding 4. ttac hinent I — Project Schedule and Budget 5. A tta" _.c lr �ea�rt C - Scope of Work G.-,ttaclimgLi DD - Reporting and Expenditure Guidelines 7. AttwGcl n[ D;1- Quarterly Progress/Expenditure Report 8. Alta he�n� _.E — Project Milestones Schedule 9. Attachnae;nt F — Lapsing Policy 10. Any other attachments or documents referenced in the above documents In the event of a conflict, the Specific Terms of this Agreement and, Attachruents A, B, C, D, D1, E and F shall have precedence in that order acrd shall. rwevaril over the Ge'rr.eral Tercns of -this Agreement. 1 MXL Grant# MX201404 Agreement # 920000000MX201404 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed by their duly authorized representatives as of the dates indicated below: LACMTA: LOS ANGELES COUNTY METROPOLITAN TRANSPORTATION AUTHORITY By _ Date: Phillip A. Washingtonmm�� Chief Executive Officer APPROVED AS TO FORM: MARY C. WICKHAM INTERIM COUNTY COUNSEL I. B Date: Deputy GRANTEE: CITY OF BALDWIN PARK By Date: Manuel Lozano Mayor APPROVED AS TO FORM (OPTIONAL): By Date: Robert Tafoya City Attorney MXL Grant# MX201404 Agreement # 920000000MX201404 PART I Sfl1.1C1F,JCTVRMSOHEAG[ FT 1. Title of the Project (the "Project"): Baldwin Park Commuter Connector Express Line. LACMTA ExpressLanes Net Toll Revenue Reinvestment Grant ID# MX201404. 2. To the extent the Funds are available, LACMTA shall make to Grantee a one-time grant ofthe Expresslanes Nel:'Toll Reventle ReitIvestirient Grant funds, based on project eligibility ,ind ffindsavailable, in the aniount of $700,395 (tire "Rlmds") for the project in accordance will the terms of this Agreement. LACMTA Board of Directors' action of fLity 24, 2014, granted the Funds to Grantee for the Project. 3. This one-time grant shall be on a reimbursement basis. Grantee must provide the appropriate supporting documents with the Quarterly Progress /Expenditure Report, attached to this Agreement as&ttqclune�4t D1. 4. Grantee shall contribute the Grantee Funding Commitment (local match), if any, to the Project in the amounts and toward the work scopes, all as specified in Attachments B and E. In each Quarterly Progress/Expenditure Report, Grantee shall report on the use of Grantee Funding Commitment which should be consistent with Attachments B and E. If Grantee does not meet its local match commitment, it shall be considered a default under this Agreement and LACMTA will have the remedies available to it under Part II, Section 10. Any changes in the Grantee Funding Commitment must be made by mutual agreement of the parties and documented in an amendment to this Agreement. 5. Gni ntee shall complete the Project as dcscribed iii the "Scope of Work," attached to this Agreernent as Aitacbme I C. The Scope of Work includes a description of the Project, a detailed description of die work to be cort­ipleted by Grantee. Project work shal I be deliver, ed in accordance with the Schedule arid Budget, a Ltactied to this Agreement as Attac.lrrrr qt _% aind the Project Milestones schedule, attached to this Agreement as AtiqdWITTI—e- , consistent with the Lapsing Policy, attached to this Agreement as Atticliment V. If Grantee is consistently behind schedule in meeting milestones or in delivering the Project in accordance with Attachments B and E, then LACMTA will have the option to terminate this Agreement for default as described in Part 11, Sections 9 and 10. 6. Eligible Project expenses are defined in the Reporting and Expenditure Guidelines (Attaq1,irYi.er0tT brrn e f"oofthe Quarterly Progress/Expenditure Report is attached as D), Attachnient D1. LACMTA will withhold ten percent (10%)of eligible expenditu.n..,s per invoice as retainage pending an atWit, of expenditure and, completion of Ate Scope of Work. 7. The duration of the grant Project, as evidence in Ana( Lb, , shall be thirty-six (36) months and all eligible costs shall be incurred during this period. However, pursuant to the Lapsing Policy, the Funds may be deobligated if the Project is not completed by the date that is forty-two (42) months from the date that this Agreement is fully executed. To the extent the Lapsing Policy is inconsistent with any other term of this Agreement, the Lapsing Policy shall govern. 3 MXL Grant# MX201404 Agreement # 920000000MX201404 S. Aniendirients to this Agreenterit shall be in writiril', exec - cited by ttle Parties, No Changes I to ffie (i) grartit artimint, (ii) Project "taid-ing, (iii) the Scope of Work, or (iv) the lapse date oftl-ie Funds shall be allowed wit-h,mt a written. ame-ndirient to t1lais Ajgreemient, approved and signed. 7 by the LACMTA Chief Executive Officer or his/her designee and Grantee. 8. Notice will be given to the parties at fl,,te a(Wress specified below Linless OdICA"Wise notified in writing of change of address. Any notice reclifired or perniatt.,A to be delivered heretnider shall be deenied. to be delivered upon receipt by the correctaddress by �,nitd tes rriall,postage prepaict, certified or registeredrnail, W.ftflll teceiptre(piestedr by Federal Express or other repLjtable overnight delivery service addressed to the parties hereto as follows: LACMTA's Address: Los Angeles County Metropolitan Transportation Authority One Gateway Plaza Los Angeles, CA 90012 Attention: Philbert Worig; Mail Stop 99-9-2 Email: won i net -_9 Grantee's Address: City of Baldwin Park, 14403 E. Pacific Avenue Baldwin Park, CA 91706 Attention: Daniel Wall, Director of Public Works/City Engineer Email: DW-,lj.!(-a 0a;A&Wi4W- U1. —W'171 4 MXL Grant# MX201404 Agreement # 920000000MX201404 PART 11 GENERAL TE,ItMS, OFTHE AG'.REEMENT 1. TERM: 1.1 The term of this Agreement shall commence on the date this Agreement is fully executed and, shall. expire upon the occurrence of all of -the 1-bll,owirig, unless terminated earlier as provided herein; (i) the agreed upon Scope of Work has been cornpleted; (ii) all LACMTA audit and reporting requirer xients have beensatisfied; and (iii) the final disborserrient of the Funds has been made to Grantee. The parties , understand and', agree there are certain covenants and agreements which specifically remain in effiect after expiration or temiinatio'l'.1. of this Agreement. 1.2 Should LACMTA determine there are insufficient Funds available for tlae Project; LACMTA ray terminate th.is Agreement by giving written notice to Grantee at least L.Eflxty (30) days iri advance of the effective date of such termiriation. Ifthis Agreetrient is terminated pin'suarit to this section, LAC "M'TA will not reimburse Grantee any costs incurred after the effective date of such termination. YN.O I C E, B Y G, M:�H E, 2.1 Unless otherwise stated in this Agreement, the Q'Uiartefly Progress/ Expenditure Report, with supporting docurnentation of expenses and Project progress as described in Part 11, Section 4.1 of this Agreement, and other documents as required by LACKTA, shall satisfy IAC'MTA invoicing requirements, Experlses that are not invoiced within sixty (60) days after the Lapsing Date as def ried in Part 11, Section 8.1, below are riot eligible for reimbursement. iuvo�,� 5,_end tM LItJI.I5jIVVqILrI L Ig qcurrr(Lntation—to; Los Angeles County Metropolitan Transportation Authority Accounts Payable P. O. Box 512296 Los Angeles, CA 90051-0296 Re: LACMTA Grant ID# MX201404 and Agreement# 920000000MX201404 Attention Philbert Wong, 9th Floor, MS 99-9-2 3. L) S OF 'I.: ND II Grantee shall utilize the Funds to corripletetlie Project as described in the Scope of Work and in accordance with the Reporting and Experiditate Guidelines and, the most recently adopted LACMTA Congestion RedUCtion, Demonstration Prograni Net Toll Revenue Reinvestrrient Guideluires the "Guidelines"). Grantee sliall be. eligible for the FLAII(IS up to the grant aniount specified in Part 1, Section 2 of this Agreement subject to the terms and conditioris contained herein and in the G'uldclines. 5 MXL Grant# MX201404 Agreement # 920000000MX201404 3.2 Grantee shall not use the Funds to substitute for any other funds or projects not specified in this Ag:reerYraent, Further, Grantee sba.11 not use the Funds for any y pp pe of Work ( ft_ . evil: " expenses er�ases or activities beyond the approved Scope 3.3 Grantee must use the Funds in the most cost-effective manner. If Grantee intends to use a consultant or contractor to implement all or part of the Project, :LACMTA requires that such activities be procured in accordance with Grantee's contractrr:r.g procedures and consistent with State law, Grantee will also use the funds in the most cost- effcrctive manner w.hera Ilia Funds are used to pay "in-house" staff time. Grantee staff o:r consultant with project oversight roles cannot award work to companies in which they have a financial or personal interest. This eff ctive use of funds provision will be ver died by L,ACMTA through ori -going Project monitoring, and through any I..ACM fA, haterirri and final audits. 3.4 Grantee's employee, officers, councilmembers, board members, agents, or consultants (a "Grantee Party"') are prohibited f orra participating in dlre selection, award, or a clrrtinistration of third -party contract or stib-agr.ee:rnent supported by the ft'inds ifa real or apparent conflict of interest would be involved. A cotaflrct of r..rirterest would iraclra.de, witlaor.at: li ,.fitaLion, an orgauizatiora.al conflict of interest or when, any of the following parties has a f`hranc ral or other interest in any entitys elected for award; (a) a Grantee Party, (b) any rrternber of a Grantee Party's inimed.iate f ami] y, (c) a partner of Crantee Party, (d.) any organization tlra:t exar ploys or intends rads toemploy any of the above. This conflict of interest provision will be verified by 1:*ACMTA through on-going Project monitoring and through any LACMTA interim and final audits. 3.5 If the Project requires the irnplernentatiorrofan Intell.rgent: Transportation S sterns ("ITS" ITS G ante sthall ensue the Project is consistent witlsr. Ir the. Regional y ("ITS") project, lj comply with t1ie I,ACMTA Countywide l:" "S Policy and Procedures adopted by the LACm,rA Board of Directors including the submittal of a conalal.e:ted, signed sell=cei ti.fication form. For the ITS policy and form, see la:lt �; �:ww,rmraet�tr.t�,t.t rp____lo"erfis c.all I�.�crp�:,ts , 3,6 If any parking facilities are designed and/or c otistr uctecl USiDg the laUn s, Grantee shall coordinate with LACMTA parking program staff (see METRO.rrc t for staff listing) in the p,annir°ag, design and ma?nagerarerrt, of the facility and shall erasure thatits i.nal errrentation is consistent with the LACMTA adopted parking policy Igor tfie pa.rldng iipolic , see Llttl2:./.+www,I�a9LrrLQcs l s 3.7 Grantee is obligated to contiriue using the Project consistent wrtl�a. t'lr.e Expressl ar es Met Toll Revenue lie -Investment purposcws fear NO'lich the. Project was approved... Any Project right of -wiry and real property Purchased to implement tl:w Project shall remain dedicated to public transp ortatiorr. rase, The, obligations set faartlr irr this section shall survive termination of this Agreement. 3.8 If Grantee desires to use the Funds to purchase or lease equipment including, without limitation, vehicles, office eelrupnaer.rt, colrapu.te�r hardware or software, or other personal property ("Equipment") necessary to perform or provide the services set for-th. in 6 MXL Grant# MX201404 Agreement # 920000000MX201404 the Scope of Work, Grantee must obtain LACMTA's written consent prior to purchasing or leasing any Equipment, Equipment purchased or leased without such prior written consent shall be deerried an UnAlowable expenditure of the Funds. Equipment acquired as part of the Project shall be dedicatedto that Project use for their full economic life cycle, indliding any M exte1v sions of that life cycle achieved by reconstruction, rehabilitation, or enhanc(-�erits. , 3.9 if an Equiprti,ent ceases to be Used 1,br the proper use as wigrinatly stated in, the Scope of Work,, GnTntm will be required to return to LACMTA the Minds, used to purchase or lease such Equipnient, in proportion to the useful life remaining andin equal proportion ofthe Funds to Grantee Funding Commitment ratio, Jlie obligations set forth in this section shall survive termination of this Agreement. 3.10 If any software is developed with the Funds and if Grantee ceases to use the software for public purposes or Grantee sells, conveys, licenses or otherwise transfers the software, LACMTA shall be entitled to a refund or credit, at LACMTA's sole option, equivalent to the amount of the Funds spent developing the software. Such refund or credit shall not be required, subject to LACMTA approval of the intended rase, if Grantee reinvest-, the proceeds of such sale, conveyance, license or transfer into the Project to offset operating or systerns management costs. The obligations set forth in this section shall sin-vive termination of this Agreement. 3.11, If any Project facilities or any real properly purchased to implement the Project is no longer used or is rio longer needed fi)r the Project, including consti-tTdian easements or excess property, Grantee will be required to return to tA,CMTA the Funds used to design, constmct or acquire such P,,-oject facilities or real property in equal proportion of the grant to Grantee Funding Conii.nitment ratio, The obligations set forth in this section shzll si,irvive termination (Yf'th,i,s Agreement. 3.12 If Grantee desires to use any Project facility or any real property purcliased. to irnplelYient the Project to generate revenue, Grantee shall first obtain LACMTA's written consent prior to entering i Tito any such revenue generating a rrangeYnet-i 1, Grantee shall provide LACMTA with the applicable inforrnation, regarding the transaction„ inckiding without limitation, the property at issue, the proposed use of the property, the arnount, of revenue, any irn pact to the Project and. the proposed use of the revenue. LACMTA consent rimy be conditiorted. on whelher bond funds were used, and how Grantee plans to use the revenue, including, without limitation, sharing any net revenues with LACMTA. If Grantee fails to obtain LACMTA's prior written consent, Grantee shall be considered in default, and, LACMTA shall have all rights and remedies available at law or in equity, including, without liniftatiOn the return of the Funds to cover the cost of the property in question, The obligations set forth in this section shall survive termination of this Agreement. 3.13 Grantee understands that this Agreement does not provide any rights for Grantee to use LACMTA real property needed for the Project. If the Project requires use of LACMTA Property, Grantee will need to enter into a separate agreement with LACMTA in accordance with LACMIA read property policies and procedures. Nothing in this Agreement oblig,ates LACM17A to provide Grantee with any real estate right. 7 MXL Grant# MX201404 Agreement # 920000000MX201404 4.wI'�I1wQ SEMEN' f OF FUNDS: 4.1 Grantee shall submit the Qaaa:rterly progress/Expenditure Deport, attached to this Agreement as ac nt 1, within sixty (60) days ager the close, ofeacli quarter on the last d;ayoCthe rnoriths November, Febraaary, May and August. Should Ca.antee failto subibrut Such reports within ten (10) days of the due date acrd./or Grank e e�arlar�ti:ts irrcornplete. reports, LACMTA will not reimburse Grantee until the conalaleted required reports are received, reviewed., and, approved, The Quarterly laaogress/Expendit-Ure deport :slarall include a „ . contractor tarneshe rebel cartes, etc.) wit'la a appropriate ( rea.t�, p vorces, 11 a aro it scat. nari , ex lunation of their relevance to the Project c rraent If no crr��ation (such ,.�� c� toe rn c activity y as occurred � quarter, G ill stall be � recla tired to subs -eat the l tlUcataora �nrc ac.N.avrt.y h occurred, during �� l��aatr.caalar � a a�.arter�, Grantee will � c Quarterly ess/Expeaaditarre Report indre.ating no dollars were expended that quarter, Il a a Progress/ request 1�or. reir�a� burscnrent exceeds $500,000 in a s tr.gle month, then .�.rarrtee can stralar°rpt such an invoice orate per niontla, with supporting documentation. 4.2 Disbursements shall be made on a reimbursement basis in accordance with the provisions of this Agreement. 4. ' LACMTA will rna ce all disbursements e[ectr.onictia:lly unless art exception. is requested. in writing. Disbursernents via Au,tomatc.d Clearing Hou -se (ACH) will be made at no cost to Grantee. Grantee r�rraast complete the ACI1 forrn and submit sucli form. to LACMTA. before grant payments can 'be rn::ade. ACL1 Request Forans carr be fi aurrd at http://www.metro.net/l)ro)ec:ts/call-projects/call_m.projects re,f'c,rMerice-documents/. 4.4 Grantee must provide detailed supporting documentation with its Quarterly Progress/Expenditure Report. 4.5 Grantee shall demonstrate that the Grantee Funding Commitment has been spent in direct proportion to the Funds invoiced with each quarter's expenditures. 4.6 Expenses that are not invoiced within sixty (60) days after the lapsing date specified in Part II, Section 11,1 below are riot: eligible for reimbursement. 4.7 Any Funds expended by Grantee prior to the execution of this Agreement by LACMTA shall not be reimbursed. 5. EL rC I lIt lC :..�I"JJT%A ]1 1T LIIR M—EES . AAYM— -N. Aid Ii "T'.i �'EI1TS: 5.1 LACMTA,, arr.d/or its designee, shallhave the right to conduct audits of l , led appropriate,. �l�a as financial and cor compliance audits; interim audits; flee project, as� l rnerrce�� aradia l p' r final a. pre -award. �arrcl"its„ c rloa rn�arrce ,aradrts, a e , such auer� ardein six 6 months of .rec'ei t of acceptable �Project A wvaal cora. within p dal rn LACMTA as ready rad lural aaacla laudit rnc.anin. � � charges have been paid U Grantee ae () ecce �tryalale firr ro d.ec t f.AC�1'"I ( � ll all cots and c:; g 1 y Grantee and ir�vearcecl ata 1_ "A, and such coats, c.kr.rarges and, invoices are properly dociartented and, Gsun:an-rarrzed. g cords to ertalalcthe air audit without period covered U further Agreement explanation c.c.nrent underreview),wrtaaar~r, in the accounting re for ' "a including actual indirect rates p Y g Grantee agree,; to establish. and maintain proper accounting procedures and cash r1utra° .gement MXL Grant# MX201404 Agreement # 920000000MX201404 records anddocuments in accordance with Generally Accepted Accounting Principles (GAAP). .,rantee shall reianbur..see TACMTA fbr any expenditure not iii. compliance witli this Agreeirlent and the Guidelines. Grantee's eligible expenditures submitted to LACMTA for this Project shall be in corrrpliance with tlrr.a Reportin� g and. Expenditure Guidelines (Attach 2) and office of M-anaagerrae.nt and. Budge t ("t M °") Circular A -Sy. The allowability of costs for Grantee's contractors, cons tdt,ants and: suppliers submitted to LACMTA through Recipient's Quarterly Progress/ I:xpen l'iLure Reports shall be in compliance witli OMB Circular A-87 or Federal Ac cla asition Reg-ulations, Sul-yTrart 31 (FAR), whichever is applicable, Any use of the Funds which is expressly prohibited under thisAgae:ernent shall, be an ineligi ale use of thew Funds and rimy be disallowed by LACK1. A audit Findings of the LAC MTA audit are Curial. When LACM—TA and it fln. require Gratztee to return ruronaes to TAC MTA, Grantee. shaal.l. return saaclr ninnies within thirty (30) clays alter the final audit is sent to Grantee. 5.2 Grantee's records shall include, without limitation, accounting records, written policies and, procedures, contract files, original estarraates, correspondence, change order .files (including doca.arnentation covering neegotiated, settlements), invoices, aa:nd any, other supporting evidence deemed necessary byLACMTA to stilrstarrtiate charges related to and Project re pr�a dr ctio'n. b LACMTA auditors or authorized i ed repre :sentaatrvestoasubject the' xten au to dit deeraae�c��l rrecey ssaary Cry LAC'M'lm'A to acl.ecla,aK.atr°l.y leer°rnit evalaraati.orr crf'c.xpearded ccrst~i. Such records subject to audit shall also itac:lude, without limitation, those records deemed riecessaary Cry LRCM'I"A to evaluate and verify, direct and, indirect costs, (including overhead allocations) ars they may apply to costs associated with the Project. These records must be retained by Grantee for three (3) years following final payrrrerat urrder this Agreement. Payment of'retent'ron amounts slr.all not Occur until after the LACMTA's final aauditis completed. 5.3 Grantee shall cause all contractors to conr:ply with the requirements of Part It, Sections 5.1 and 5.2 above. Grantee shall cause all contractors to cooperate fully :in fa;a:rnishi rg orin rrrakia:ag available to LACMTA all records deemed rreceassary by LACMTA auditors or authorized representatives related to the Project.. 5.4 LACMTA or any of its duly authorized representatives, ulron reasonable written notice, shall be afforded access to all of the records ol- Gran.tee and its contractors related to the Project, and shall be allowed to interview any employee of Grantee and its contractors through final payment to the extent reasonably practicable. 5.5 LACMTA or any of its duly authorized representatives, tivices, upora reasonable written notice, shall have access to the offices of Grantee and its contractors, shall have access to all necessary records, °including reproduction at no charge to LACMTA, and shall be provided adealaaarta. arrc l appropriate weak space in order to conduct audits n . compliance with the terins, s and conditions of this Agreement. 5.6 In additionto T.ACMTA's other rernedies as provided in this Agreerr°rerat, LACMTA shall withhold the Finials anal/or recorrr:rnend not; to awarda l`uture, i ewt Toll Revenue Reinvestment Grant to Grantee if the LACMTA audit has determined that Grantee failed to comply with the Scope of Work (such as misusing Funds or failure to return Funds owed to 9 MXL Grant# MX201404 Agreement # 920000000MX201404 LACMTA in, accordance with LACMTA, audit findings) and./or is severely out of corriplianCC with other terms and conditions as defined by this Agreernent and. the Gi,,ddelirles, iTICI Uding the access to records provisions of Part IL Section 5. 5.7 When business travel associated with the Project requires use of a vehicle, the mileage it shall Lie t-efixibursed at fhe mileage rates set by the InfernAl ReVentie Service, as indicated in the United States Gerieral, Services Adininistration Federal Travel Regulation, Privately Owned Vehicle Reimbursement Rates. 5.8 Grantee shall certify rrionthly invoices by reviewing all conlractor and subcontractor costs and tnairitaijAng internal coritrol, to ensure that all expenditures are allocable, allowable and reasonable and in accordance with OMB Circular A-87 or FAR Subpart 31 (whichever is applicable) and the terms and conditions of this Agreement. 5.9 Grantee shall also certify final costs of the Project to ensure all costs are in compliwice with OMB Circular A-87 or FAR Subpart 31 (whichever is applicable) and the terms and conditions of this Agreement. 5.10 Whenever possible, in exercising its audit rights under this Agreement, LACMTA shall rely on Grantee's own records and. audit work to ininin-iize direct audit of' contractors, consultants, and suppliers. 6. QN-E "FIME GRANT: 6.1 71iis is a or time only grant subject, to the terms, and conditions agreed to herein and in the Guidelines. This grant doesnot irn,ly nor obligate any fixture furii(Ihig p commitment on the part of LACMTA. 7. 5OURCES A�NDDLSPO,� _ ErION OF. FUNDS: 7A Che obligation for LACMTA to grant the Funds :Got the Project is subject to SU,ffiCiCD,I- Fittids being,made available for the Project by the LACMTA Board of Directors. H'such Funds are riot made available for the Project, LACMTA shall have no obligation to provide the Funds for the Projectunless otherwise agreed to if] writing by LACMTA. 7.2 Grantee shall be responsible for any and all cost overruns for the Project. 7.3 if the Funds are insufficient to cornplete the Project, Grantee may rriodify the Scope of'Work to allow project comptetion with the funds available to Grantee, LACMTA shall have the right to review arid approve or reject any proposed changes to the Scope of Work. 7.4 At any time, if Grantee receives outside ffinding for the Project in addition to the Funds identified in the Project Funding at the time f[iis gran -it was awarded, this Agreement shall be amended to reflect such additiorii1fUnding, lf',attlietirneoffinal inds acrd any additionfl. ffinding) exceeds ffie voucher,funding.for, the: Project: (including the'N 10 MXL Grant# MX201404 Agreement # 920000000MX201404 actual Project costs, then the cost savings shillbe appliedin the same proportion as sources of funds fix)m each party to diis Agreernent as specified in the Project Funding and both the Funds and Grantee Funding Commitment required for the Project shall be reduced accordingly. 8. Tim -E: LY u S E DF FILK —DS 1_11 jF-I` —ROGRAM Ml —NG, 011, F U N D S: 8.1 Grantee must demonstrate timely use of the Funds by: (i) Executirig this AgreernCnt within sixty (60) days of receiving, fbrnial transmittal ofthe Grant Agreement boilerplate front LACM'TA; and (ii) Meeting ffie Project milestorteS, due dates as agreed upon Lay the LACMTA and Grantee as stated in Attichingnt-C (Scope of Work) and Attach n -r "(Pi-ojectMilesi-onesScliedtde)oftl'lis Agreement, Contracts for construction or capitalpur-cljase sliall be executed widliti nine (9),,tnonths frorn the date of completion ofd,esign. Project desigri (preliminary engineering) rni,,tst begin witl1i'll six (6) months firom the identified milestone start date. Funds progrannyied by LACMTA for Project development or right-of-way costs must be exl-)ended by the end of the second fiscal year following he yearthe Funds were first progran tined.; and (iii) Urnely subinitting the Quarterly Progress/Expenditure Report as described irt Part 11, Section 4.1 ofthis Ag ,reernent; and (iv) Experiding the Funds granted, under this Agreement for allowable costs within forty-two (42) rnonths ftorn the date dae Grant Agreement is executed ("the Lapsing Date"). 9.2 In the event that the tifflelyll,',,c.� ofthe Funds is not demonstrated as described iti this Part 11, Section 8.1 of this Agreen"jent, the Project will be reevaluated by LACMTA aspax t of its Net Toll Revenue Reinvestrnent Grant IZecert,ificatioii/Deoblig-,Itio-iI process and the Funds may be dcobligated arid rept-ograrnined. to another project by the LACMTA Board of'Directors. IfCrantee does not cornplete one element of the Project, as described in the Scope of Work, due to all or a portion of the Funds lapsing, the entire Project maybe subject to deo'bligatiortat LACMTA's sole discretion. In the event that all the Funds are re progranirned, this Agreement shall autoi,naticall y territi nate. 11. DEFAULT: 9.1 A Default under this Agreement is defined as any one or more of the following: (i) Gra rttee fails to comply with the terms and conditions contained herein or in the G tAidelines; (ii) Grantee is consistently behind schedule in meeting milestones or in delivering the Project; or (iii) Grantee fails to Perforrn satisfactorily or makes a material change, as determined by LACMTA at its sole discretion,to the Financial Plan, the Scope of Work, or the Project [-ainiding without LACMTA's prior written consent or approval as provided herein. 11 MXL Grant# MX201404 Agreement # 920000000MX201404 10. RE M EI. Ip S I 1.0.1. In die event of a Defiult. by Grantee, LACMTA shall provide written notice of such Default to Grantee with a 30 -day period to cure the Default. trithe everit Grantee fails to cure the Default, o'.r commit to cure the, DeEault and commence the sarne within sucli 30 -day period, and tliereafter diligently continue such cure to completion to the satisfaction of LACMTA, LACMTA shall have he following reme-dies: (i) LAC MTA may terin [iv,,1,te this Agreenlent; (ii) LACM71-A may make no further disbursements of Funds to Grantee; and/or (iii) LACMTA may recover firom Graiitee any Funds disbursed to Grantee as allowed bylaw or in equity. 10.2 Effective upon receipt of written notice of termination from LACMTA pLu.'suant to Section l0, t, Gratitee shall not undertake any new work or obligation MAI respect to this Agreement unless so directed by I.,,ACM'IA iri, writing. Any Funds expended after tennination shall be the sole responsibility of Grantee. 10.3 The remedies described herein are non-exclusive. LACMTA shall have the right to enforce any and all rights and remedies herein or which may be now or hereafter available at law or in equity. 11. + MMUNICATIONS- 11.1 Grantee shall ensure that all Communication Materials contain recognition ofLAcmTA's and Metro ExpressLanes' contribution to the Project as more particularly set fiortb in "Funding Agreement Conurninications Materials Guidelines" available online or ftorn the LACMTA Project Manager, Please check with tl-,te LACMTA. Project Manager for the wet) address, The Funding Agreement COMniunications Materials Guidelines may be changed from time to time during the COUrrse of this Agreetnent. Grantee shall be responsible fbr complying with. dielatest Funding Agreerrient Conimunications Materiats Guidelines di,,iring theterm of this Agreetrient, uffless otherwise specifically authorized in writing by the LACMTA Chief Communications Officer. 11.2 For purposes of this Agreement, "Conununications Materials" include, but are not limited to, press events, public and external newsletters, prirItcd materials, advertising, websites, radio and public service announcernrMtS, electronic media, and construction site signage. A more detailed defirfition of"Co,.iiimtin.ica,[,i,otis Materials" is found in the Funding Agreement Communications Materials Guidelines. 11.3 In addition to complying with the LACMTA "Funding Agreement Communications Materials Guidelines," Grantee shall: W include prominently/in the lead, at a minimmn, recognition of Metro ExpressLanes' contribution to the Project on literature, marketing brochures, newsletters, invitations and other con,imunicatio'ri, materials by including the phrase "This project was partially funded by, Metro ExpressLanes." (ii) include in any joint: Agency press release, at a, mininium, a recognition of Metro E,x]-,):resst,iri,es'contril)iitioti to the Project 12 MXL Grant# MX201404 Agreement # 920000000MX201404 by including the phrase "This project was partially funded by Metro ExpressLanes." (iii) notify the LACMTA ProjectManager er ofaff planned press events, ribbon carttings, groundbreakings, and all other public and/or press events related to tyre Project at a rnirainaurn. 30 days before such events take place to allow LACMTA to participate in such events, at LACMTA's sole discretion. (iv) include promineaad.y/in thele ad on. all Project 'Websites, recognition of Metra Earl re ssL�ara.es' contribution to the Project by including the phrase ""ibis welasit.e is partially fronded by Metro ExpressLanes," the Metro logo and the Metro ExpressLanes logo, and a link to the Metro ExpressLanes website. (v) prominently display the fb;llowirag phrase on all signage for project structures, facilities, and construction sites: "This project made possible by Metro [Metro logo] and Metro ExpressLanes [Metro ExpressLanes logo]" (vi) request the most current Metro logo and the most current Metro ExpressLanes logo :f:rorn tyre LACMI'A Project: Manager when creating any and all conrrrax nicat:ions materials containing the Metro logo and :Metro ExpressLanes logo. 11.4 The Metro logo is a trademarked item that shall be reproduced and displayed in accordance with specific graphic guidelines. These guidelines and logo files including scalable vector files will be available through the LACMTA Project Manager. 11.5 Grantee shall ensure that any subcontractor, including, but not limited to, public rel.atioras, public affairs, and/or marketing BrIns hired to produce Project Corninaaraications Materials fbr public aaacl external purposes will, comply with, the requirements contained in this Section. 11.6 The LACMTA Projec t. Manager shall be responsible for mon:'itoring Graaatee cornpl:iancew Wath. the terms and, conditions of this Section. Grantee Failure to comply with the terrrr.s ofthis Section shall be cl.eue rned. a default hereunder and LACMTA shall have all rights and remedies set forth herein. 12. C�"YHE ELMS .A CGNDCI—ION. : 12.1 This Agreement, along with its Attachments and the Guidelines, constitutes the entire understanding between thae parties, with respect to the subject matter 'The Agreement shall ax t be arnended, nor any provisions or breach hereof'wcaived, except in wr idng sagraewcl by the pax ties who agreed to the o.r i ra Mal Agreement or threw sanie� level. l - g g � rnewa�t ofauthority. Adoption of revisions or supplements to the Guidelines shall cause suchrevisions or supplements to become hicoal)orated automatically into this Agreement as though fully set forth herein. 13 MXL Grant# MX201404 Agreement # 920000000MX201404 12.2 In the event that there is any c � co -art proceeding between .the parties to enforce or interpret this A g:reerrrent to protect . " expenses, o reasonable attottider, rp � -� or estalalisl°� any rights t remedies lra - the prevailing party shall be entitled to its costs and exp g onable ey's fees. :123 Neither LACMTA nor any subsidiary or theb respective dir-ectors, officers, agelit:s, or ernpl.oyec tliereof shall be responsible for arra da:rrrage or liability occ urr..ir.r.g by reason ofarryth.l.ng done or corrrrrritted to be done by Grantee tinder or in connection with arry worlc performed by or service provided by Grantee, its officers, agents,, e.rrrployees, contractors and suacontractors under this Ai reernent. Gratrtee shall fully i.tidemnify, defend LACMTAj and bold LACMTA, and its subsidiaries arid,their al1. respective approved, directors, officers, agents anderripl,oyees harmless f.rorr and against any suits and causes of actions, ct�rrrrr.s, losses, liability, damages, costs and expenses, including'without limitation, airy costs or liability on account of bodily injury, d -cath or personal injury ofarry personor for damage to or loss of property, any envirorri entail obligation, and any Legal fees in any way arising, out of acts or onaissions to act related to the Project or this Agreement, without requirement that LACMTA first pay such claim. The obligations set forth in this section shall survive termination of this Agreement. 12.4 Neither party hereto shall be considered in default in the performance of its obligation her eanrder to the extent ttrat the performance of any such obligation is prevented or delayed by r, r,rrforeseerr. causes including acts of God, acts of a public enemy, and government acts beyond the control and without fault or negligence of the affected party. Each partyhereto shall give notice proarrptlly to the offer of the nature and extent of any such circumstances claimed to delay, hira.der, or Ereverr t perforr°rra:nce of any obligations under this Agreement. 12.5 Grantee shall comply with and insure that work performed under this p Generally Accelated .Accor.nrting Principles (GAAP), all Agreement is done in sorra ha Nuc rtla �� applicable provisions olfeder l, state, arrelose aws , statutes, ordinances, rules, reip.alati ons, and prOcediAral requirenents including Federal Acquisition Rcgrlrtiorrs (FAIR), and the applicable requirements arnd regulations of LACMTA. Grantee ac krrowledges responsibility for olrtaining copies of"a°nd complying, wifli the ter n°as of the most recent federal, state, or local laws a.nd. regcalations, and LACMTA reciuirenients, hicladh.ig any amendments thereto. 12.6 Grantee agrees that those sections of this Agreement marked with an asterisk shall be included in every contract entered into by Grantee or its contractors ielGating to worle perfor~med under this Agree Mrnent acrd t:.ACMTA shaill have the right to review and audit such contracts. 12.7 Grantee shall not assign this Agreement, or any part thereof, without prior approval of the LA(,M`T'A Chief Executive Officer or his designee, and any assignment without saaid. consent: shall be void and, rrnen Forceable at the option of LACMTA. 12.8 TI -Lis Agreement shall bre gove.rr°aed by California law. If any provision of this Agreement is heli by a court of co ,pet.e,,rrt juri:sdictio:ra to be invalid, void, or 14 MXL Grant# MX201404 Agreement # 920000000MX201404 unenforceable, the remaining provisions shall nevertheless continue in full force without being impaired or invalidated in any way. 12.9 The covenants and agreements of this Agreement shall inure to the benefit of, and shall be binding upon, each of the parties and their respective successors and assigns. 12.10 Grantee will advise LACMTA prior to any key Project staffing changes. 12.11 Grantee in the performance of the work described in this Agreement is not a contractor nor an agent or employee of LACMTA. Grantee attests to no organizational or personal conflicts of interest and agrees to notify LACMTA immediately in the event that a conflict, or the appearance thereof, arises. Grantee shall not represent itself as an agent or employee of LACMTA and shall have no powers to bind LACMTA in contract or otherwise. 15 m 0 M 06 —7 (q CR 0) C14 LO co C) C) LO 0 — — — — w a) Ci — — — — — 0 C) C� — — CD C) 0 — — — (3 0 LO cn Cli Cli 0 CD 04 'IT w (0 60 9Q 00 i ri O cq 04 00 0 0 0 C) O 0 N C14 Cl) 69- w I— CO 0 C) CD q Cf) Cl) 0 Cli r- q C) CNcr� 04 D U) 04 LM 0) LO CD Ln r -I 4 ul 0 CL Nui LU O - - - - - - - - - - - - - - - C14 -4 cn �4 34 U Up 0 04 P4 PL 0 '1 04 V) Z ul 0. V) 0 0 , 0 M 06 Attachment C MXL Grant# MX201404 Agreement # 920000000MX201404 ATTACHMENT C SCOPE OF WORK Baldwin Park Commuter Connector Express Line Project Description Summary/Objective: The Baldwin Park Commuter Connector Express Line is an expansion of the City's circulator shuttle. Its main purpose is to shuttle business and medical commuters quickly from the Baldwin Park Transit Center and Metrolink Station (located in downtown Baldwin Park) to the City's main business centers south of the 1-10 Freeway. 1 Attachment C MXL Grant# MX201404 Agreement # 920000000MX201404 The Scope of Work includes the following Tasks /Deliverables: 1. Purchase buses — six months from order until delivery The City will purchase two CNG fueled replica trolley buses to provide this new service. This express bus service will conveniently connect commuters to and from the Baldwin Park Metrolink Station to the major employment centers located with the southern portion of the City. 2. Install bus stops—three months Signage/ shelter/ benches and internal lighting will be installed at eight unique stops. 3. Install pedestrian lighting—three months Solar powered pedestrian oriented lighting will be installed adjacent to the shelters to provide for a sense of security for the passengers. This lighting will consists of poles, lights, pole mounted solar panels and batteries. 4. Operations —continuous The Commuter Connector Express Line will operate two routes that differ by time of day. Route 1 will operate Monday -Friday from 6am-11am and 2:30pm-7pm and is shown on page 3 of this Attachment. There are five stops on this route: the Baldwin Park Metrolink Station, Morgan Park adjacent to Foothill Transit Stop, Baldwin Park Medical Center— Kaiser Permanente, Virginia Avenue, and Puente Avenue and Merced Avenue. Route 2 will operate Monday -Friday from 11am-2:30pm and is shown on page 4 of this attachment. There are four stops on this route: Baldwin Park Medical Center— Kaiser Permanente, Francisquito and Vineland, Puente Avenue and Merced Avenue, and Maine Avenue and Clark Street. This service will be Monday -Friday only and weekend service will not be provided. Funding from this grant will fund two fiscal years of operations. Attachment C Route 1 MXL Grant# MX201404 Agreement # 920000000MX201404 Anifl d Care CUP n i y s, eekdays y n yg r _ n ,w �u di•r �li�iG,r�Npuplo ��a,,�uru^N °uw � v � . �tlnu�un0 aIN rl v oq urn W 8i^ Sc 101u, �dU Orr sy r a y Kff FY "� •. p. ,fir M '�0'� Tai gek Bus Stop Locations: 1. Metrolink Station 2. Morgan Park adjacent to Foothill Transit Stop 3. Baldwin Park Medical Center — Kaiser Permanente 4. Virginia Avenue 5. Puente Avenue and Merced Avenue 3 Attachment C Route 2 MXL Grant# MX201404 Agreement # 920000000MX201404 A.eh mM Care Cen+ gg � y p, Iryy �t{ j� '` M1µ plop' 1p # Af. 10sly �.N Pf i6 dN„!A dG� V 0 111 yA, liM'�h re� ':a, � rrm gUy���'uxF�9 �nrom fir$¢roVPrrbllu�V¢i�,� v M r9 a i I �r n� r rnmAra fi h SdIOCA r, �v r VEro"a dmvl'Fip;i i¢r e uracy ui!vncnr ,dry Schoil YdAa si ori[ w' a r r a ,q n P � ° mm Bus Stop Locations: 1. Baldwin Park Medical Center— Kaiser Permanente 2. Francisquito and Vineland 3. Puente Avenue and Merced Avenue 4. Maine Avenue and Clark Street 4 Attachment D MXL Grant# MX201404 Agreement # 920000000MX201404 REPORTING & EXPENDITURE GUIDELINES Metro ExpressLanes Net Toll Revenue Re -Investment Grant REPORTING PROCEDURES Quarterly Progress/Expenditure Report (AjLa�:_hrr1_ent DI) is MqUired for all projects. The Grantee shall be subject to and cornu .l wia,.i all applicable requirerre eupas of tyre, funding agency regarding p roj (,,,ct- reporting require nients . In addition, Grantee will subinit a quarterly report to LACMTA at One Gateway Plaza, Los Angeles, CA 90012, Attn: Philbert Wong, MS 99-9-2. Please note that letters or other forms of documentation may not be subst'ituted fbr this fbrin The Quarterly Progress/Expenditure Report covers all activities related to the project and lists all costs incurred. it is essential drat Grantee provide cojaiplete and adequate resporise to all the qu,estions. The expenses listed, ITIUSt be supported by appropriate documentation with a clear explanation oF: the purpose and relevance of each expense to , the project. Expenses must reflect the proportionate share of localmatcli., including in- kind, charged to the grant. • In cases where there are no activities to report, or problems caosing delays, dear explanation, including actions to rernedy the situation, rnu.st be provided. Grantees are required to track and report on the project schedule. LACKIA will, trionitor the tirnely use of funds and delivery of projects. Project delay, if any, must be reported each quarter, projects not delivered in a tirnely mainier will be reevaluated by LACMTA -t of the annual Call for Projects Recertification poess and die Fund,; I'llLay be as par deobtigated and reprograniinedby the LACMTA Board. • The Quarterly Progress /Expend iture Report is due to LACMTA as soon as possible after the close of each quarter, but no later than, the following dates for each fiscal year: Quarter Report Due Date July —September November 30 October - December February 28 January - March May 31 April - June August 31 Upon completion of the Project a final report that includes project's final evaluation must be submitted. Attachment D EXPENDITURE GUIDELINES MXL Grant# MX201404 Agreement # 920000000MX201404 • Any activity or expense charged above and beyond the approved Scope -of -Work (FA A- I -ein�bursed by LA,CMTA unless daA- W.Cnt C) 1�� covsi&redJqt1j&ihLe and will not be 1, 11 L plior written authorizatiqu has been granted by the .1.,ACMTA Chief Executive officer or his designee. • Ariy expense charged to the grant or local match, including in-kind, must be clearly and directly related to the project. • Any activity or expensc charged :,,is local niatch cannot be appliedtoany other LACMTA- ffinded or non- [,AC MTA -flu tided projects; activities or expenses related to a previot,isly fiAnded project cannot be used as local, ffiatch for the current project. • Administrative cost is the ongoing experise incurred by the Grantee for the diaration of the project and fior 11-te direct benefit of the project as specified in the Scope -of -Work (.- ate m—tQ. Examples of adininistrative costs are personne 0 ffiice sL)ppI eS, and equipment. As a condition, for eligibility, all costs urtist be nece�sary for rriaintainili g, rilonitoring, coordinating, reporting andbudgeting of the project. Additionally, expenses must be reasonable and appropriate to tfle activities related to the project. • LACMTA is riot responsible for, and will not reirribi.irse any costs inctin',ed by the Grantee prior to the execution of the 14A, unles sWett !gp,L, _glidjoriZ,� Ctiojq has been°a granted by the L.ACMTA clijef Executive Officer or her designee. • The FA is considered executed when the LACMTA Chief Executive Officer or her designee signs the document. DEFINITIONS Local Participation: Where local participation consists of "in-kind" contributions rather than funds, the f`1.1owing, coritributions may be included: • Costs incLirred by a local jUrisdiction to successftilly coirrplete the project. Examples include engineering, design., rights-of-way ptirchase, and constniction management costs. • Donations of land, building space, supplies, equipment, loaned equipment, or loaned building space dedicated to the project. • Donations of volunteer services dedicated to the project. • A third -party contribution of services, land, building space, supplies or equipment dedicated to the project. • Allowable Cost: To be allowable, costs must be reasonable, recogifized as ordinary and necessary, consistent with established practices of the organization, and consistent with industry standard of pay for work classification. Attachment D MXL Grant# MX201404 Agreement # 920000000MX201404 o Excessive Cost: Any expense deerned "excessive" by LAC rA staff would be adjuited to reflect a "reasonable and custornary" level. For detail del"Inition of "reasonal)le cost", please refiea7 to the Federal Register OMT Circulars A-87 cost Principals for State and Local Govennuents, and A-122 cost T,1rinc#uIs for Non'Prol7t Organizations. ineligible Expenditures: Any activity or expense charged above and beyond the approved S(.ope-ofWoj-k is considered ineligible. Baldwin Park Commuter Connector Express Line Metro Grant Agreement ATTACHMENT Dl QUARTERLY PROGRESS / EXPENDITURE REPORT Grantee To Complete Invoice # Invoice Date Grant Agreement # MX201404 Quarterly Report # GRANTEES ARE REQUESTED TO MAIL THIS REPORT TO LACMTA at One Gateway Plaza, Los Angeles, CA 90012, Attn: Philbert Wong, 9th Floor, MS 99-9-2 after the close of each quarter, but no later than ; �(mmi: r„!0, May 31 and . —ist . Please note that letters or other forms of documentation may not be substituted for this form. Refer to the Reporting and Expenditure Guidelines (Attachment C) for further information. Please itemize grant -related charges for this Quarter on Page 5 of this report and include totals in this Section. LACMTA Grant Local Match (Incl. In -Kind) Local Match Total $ $ % $ 7This a .- uarter Expenditure Retention Amount Net Invoice Amount (Less Retention) I Funds Expended to Date (Include this Quarter) Total Project Budget % of Project Budget Expended to Date Balance Remaining Rev: 08.20.13 1 FA Attachment C1 PROJECT TITLE: Baldwin Park Commuter Connector Ex )ress Line FA #: 920000000MX201404 QUARTERLY REPORT SUBMITTED FOR: Fiscal Year: []2013-2014 2014-2015 02015-2016 2016-2017 2017-2018 2018-2019 Quarter : 0Q1: Jul - Sep Q2: Oct -Dec nQ3: Jan - Mar F-] Q4: Apr - Jun DATE SUBMITTED: LACMTA MODAL CATEGORY: RSTI Fj Pedestrian Signal Synchronization TDM Bicycle EjGoods Movement Transit TEA Rev: 08.20.13 2 FA Attachment C1 1. _ DELIVERABLES & MILESTONES List all deliverables and milestones as stated in the FA, with start and end dates. Calculate the total project duration. DO NOT CHANGE THE ORIGINAL FA MILESTONE START AND END DATES SHOWN IN THE 2 ND AND 3 RD COLUMNS BELOW. raMoes must make avert' effort to accurc-rtely portray rnilr.stone dates in the Of FA Scope of Work srncra this will lar°ovirle 'he basis for calculating any project delay. if milestone start andlor end dates change from those stated in the Original FA Scope OfWork, indicate the new dates under Actual Scheduto below arrd re -calculate the project duration. Howevo, this dr -)es r'rol change the original milestones in your FA. PER YOUR FA AGREEMENT ANY RANGES TO 'I.itE PROJECT SCHEDULE MUST BE FORMALLY' SUBMITTED UNDFR SEPARATE COVER TO LACMTA f:OR WRITTEN CONCURRENCE. Original FA Schedule in Scope of Actual Schedule FA Milestones Work Start Date End Date Start Date End Date Total Project Duration (Months) 2. PROJECT COMPLETION A. Based on the comparison of the original and actual project milestone schedules above, project is (select only one) :. �On schedule per original FA schedule Between 12-24 months behind original schedule Less than 12 months behind original schedule More than 24 months behind original schedule B. Was the project design started within 6 months of the date originally stated in the FA? Yes F] No n Not Applicable C. Was a construction contract or capital purchase executed within 9 months after completion of design I specifications? 1-1 Yes El No F1 Not Applicable Rev: 08.20.13 3 FA Attachment C1 ACCOMPLISHED List tasks or milestones accomplished and progress made this quarter. 4. PROJIECTDELAY If project Is delayed, describe reasons for delay (this quarter). Pay particular attention to schedule delays. If delay is for the same reason as mentioned in previous quarters, please indicate by writing "Same as Previous Quarter". . ACTION ITEMS TO RESOLVE DELAY If the project is delayed (as described in ), include action items that have been, or will be, undertaken to resolve the delay. Rev: 08.20.13 4 FA Attachment C1 1111� IS 'I'll, N All expenses and charges, including grant and local match, must be itemized and listed below. Each item listed must be verifiable by an invoice and/or other proper documentation. The total amounts shown here must be equal to this quarter's expenditures listed on page 1 of this report. All expenses and charges must be reflective of the approved budget and rates as shown in the FA Attachment B, Scope of Work. Use additional pages if needed. ITEM INVOICE # TOTAL EXPENSES 1 $ CHARGED TO LACMTA GRANT $ CHARGED TO LOCALMATCH CHARGES 2 3 4� 5 6 7 8 9 �ITEM INVOICE # [8 9 10� 11 12 13 TOTAL Notes: 1. Local match spent in each quarter, must be in the appropriate proportion to LACMTA grant. 2. All receipts, invoices, and time sheets, attached and included with this Expense Report must be listed and shown under the Invoice Number column of the Itemized Listing (above). Invoice Payment Information: LACMTA will make all disbursements electronically unless an exception is requested in writing. ACH Payments reqUire 01at You complete an ACH Request Form and fax it to Accounts Payable at 213-922-610 ACH Request Forms can be found at www.n,ieti-o.net/callforf,)rojects, Written exception requests for Check Payments should be Completed and faxed to Accounts Payable at 213-92,, I certify that I am the responsible Project Manager or fiscal officer and representative of . ... . ...... . and that to the best of my knowledge and belief the information ........................ stated in this report is true and correct. Signature Rev: 08.20.13 Date FA Attachment C1 Name Title Rev: 08.20.13 6 FA Attadiment C1 Attachment E MXL Grant# MX201404 Agreement # 920000000MX201404 PROJECT MILESTONES SCHEDULE Metro ExpressLanes Net Toll Revenue Re -Investment Grant: City of Baldwin Park Project Title: Baldwin Park Commuter Connector Express Line PROJECT MILESTONES SCHEDULE Metro ExpressLanes Net Toll Revenue Re -Investment Grant: [GRANTEE NAME] Project Title: [PROJECT TITLE] Progressan_ Fund, Source mm - Milestone (add lines as Tasks (may be more than Total Cost LAC TA Agency needed) one per milestone Grant Contribution Fiscal Year 2015-16. .... ...... Q1 PurcGe' Buses $500,000 $500,000 $0 Q1 $500,000 $500,000 $0 Subtotal L Q2 Bus Operations $32,085 $25,771 . .......... $6,314 . ..... Q2 Pedestrian Lighting $9,600__ - $9,6100 Q2 Bus Stop. m prove me nts $32,000 $20,000 $12,000 Q2 Bus Operations $73,685 $45,771 $27,914 Subtotal L Q3"' -"-Bus Operations $31,785 $25,771 $6,014 Q3 $31,785 $25,771 $6,014 Subtotal . .......... Q4 Bus Operations $31,785 $25,771 $6,014 Q4 $31,785 $25,771 $6,014 Subtotal Total ...... . . ........... $637,255 $597,313 $39,942 PROJECT MILESTONES SCHEDULE Metro ExpressLanes Net Toll Revenue Re -Investment Grant: [GRANTEE NAME] Project Title: [PROJECT TITLE] Progress Fund Source Milestone (add lines as Tasks (may be more than Total Cost LACMTA Agency needed) one per milestone Grant Contribution Fiscal Year 2016-17 Q . i .... . Bus Operations $31,785 $25,770 $6,015 Q1 Subtotal Q2 $_31,785 $25,770 $6,015 Q2 Subtotal Q3 Bus Operations $31,785 $25,771 _ $6,014 Q3 L MXL Grant# MX201404 Agreement # 920000000MX201404 Subtt�al . to.. .�_._�. .. $31,785 $25J71 $6,014a4Bus Operations Subtotal_.. ., ,$103 .......— .— ..��_—.a..m.� ......, 058 _��._ � ........ 082 $24, Total $127,140 Grand Totals $764,395 $700,395 .� 4,000 Attachment F MXL Grant# MX201404 Agreement # 920000000MX201404 GRANT AGREEMENT LAPSING POLICY Metro ExpressLanes Net Toll Revenue Re -Investment Grant Grantee must demonstrate timely use of the Funds by: (i) Executing a Grant Agreement within sixty (60) days of receiving formal transmittal of the Grant Agreement boilerplate; (ii) Meeting the Project Milestone and deliverable due dates as stated in the Scope of Work (A-1 , gh ingLi .t C) and Project Milestones Schedule (Attcure . p); (iii) Timely submitting the Quarterly Progress/ Expenditure Reports ( -tach i nt D1); and (iv) Expending the Funds granted within forty two (42) months from the date funds are available. If the Grantee fails to meet any of the above conditions, the Project may be considered lapsed and may be submitted to the Board for deobligation. Expenses that are not invoiced within sixty (60) days after the lapsing date are not eligible for reimbursement. In the event that the timely use of the Funds is not demonstrated, the Project will be reevaluated as part of the Net Toll Reinvestment Grant Deobligation process and the Funds may be deobligated and reprogrammed to another project by the Board. Administrative extensions may be granted under the following conditions: (i) Project delay due to an unforeseen and extraordinary circumstance beyond the control of the project sponsor (legal challenge, act of God, etc.). Inadequate staffing shall not be considered a basis for administrative extensions. (ii) Project delay due to an action that results in a change in scope or schedule that is mutually agreed upon by Metro and the project sponsor prior to the extension request. (iii) Project fails to meet completion milestone; however, public action on the proposed regulatory change (s) has been scheduled and noticed to occur within sixty (60) days of the scheduled completion milestone. Appeals to any recommended deobligation will be heard by a Metro appeals panel. If Grantee does not complete an element of the Project, as described in the Scope of Work, due to all or a portion of the Funds lapsing, the entire Project may be subject to deobligation at LACMTA's sole discretion. In the event that all the Funds are reprogrammed, the Project shall automatically terminate. ITEM NO. STAFF REPORT tDW TO: Honorable Mayor and City Councilmembers .aus o�' FROM: Shannon Yauchzee, Chief Executive Officer p 144 sarv,ssiW4 ' DATE: August 5, 2015 t 6 VA�i� '' SUBJECT: APPROVE THE PROPOSAL FROM REVENUE AND COSTS A" SPECIALISTS, LLC, FOR A LAW ENFORCEMENT DEVELOPMENT IMPACT FEE STUDY SUMMARY This action would approve a proposal for a consultant to develop a proposed Law Enforcement Development Impact Fee schedule. If eventually approved, this fee would supplement the Police Department's capital funding to help offset costs due to future development. FISCAL IMPACT The attached proposal is in the amount of $10,500; the funding can be absorbed in the current fiscal year's budget. If enacted, the development fees can be used to offset future needs of the Police Department and thus generate a savings to the General Fund. RECOMMENDATION It is recommended that the City Council approve the proposal and contract of Revenue and Costs Specialists, LLC, for a Law Enforcement Development Impact Fee Study and authorize the Mayor to sign the contract. BACKGROUND The City can charge certain development fees to offset the costs of future services needed by new developments in the community. One example of a development fee the City currently charges is the Park Land Quimby fee. New developments in the City will increase the population and will lead to increased demands on the Police Department. If enacted, a developer impact fee will supplement the funding of the Police Department to pay for certain costs identified in the report that are related to the increased development. Normally, such fees are based on the number of units or the floor area, and are approximately a few hundred dollars per unit. In most cases, the fees can only cover the costs of capital improvements needed due to increased development, such as new vehicles, new equipment, new or remodeled facilities. To develop the report and proposed fees, the services of a specialized consultant with this experience is required. City staff conducted an informal RFP process and solicited quotes from firms that have experience developing these fees. The following firms have this experience and submitted proposals. All firms were found to be qualified to do this work and each cost to do the project is listed in the following table. LEGAL REVIEW This report and the attached contract have been reviewed and approved by the City Attorney as being legal as to form and content. August 5, 2015 Page 2 ALTERNATIVES The City Council may choose to direct staff not to initiate a Law Enforcement Development Impact fees study, in which case future development costs will be charged to the General Fund. Additionally, the Council could direct staff to solicit additional proposals, however, it is unlikely that costs could be reduced any further. ATTACHMENTS #1 Contract Proposal CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this _ day of August, 2015 by and between the City of Baldwin Park, ("City"), and Revenue & Cost Specialists, LLC ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1 SCOPE OF SERVICES, Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services – Law Enforcement Development Impact Fee"' attached to and incorporated into this Agreement as Exhibit "A," Paragraphs 1 through 9. Duration of Scope of Services may be extended on a month-to-month basis, but shall not exceed the total compensation unless approved by the City. 2. —COMPENSATIQq, City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement in Exhibit "A," Paragraphs 10 and 11. S. "FIMC- _FOR PERFORMA%,E, Consultant shall perform the services above _ described in a timely manner in accordance with the professional standard practices within a period of'six (6) rnonths unless otherwise mutually agreed upon by both parties. 4, AUDIT OR EXAMINATION,. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATINS ON QONS�ULTAIJL personnel, t. Consultant shall provide all necessary perso equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in, which it is performed. C011SUltant shall be free to contract for similar services to be performed for other entities while Linder contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonUS or similar benefits City provides for its employees, Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a, result of services performed hereunder. 6, ASSIGNMENT, This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that C011SUltant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO _LJTILIZE _OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein, 8. COMPLIANCE WITH LA's., Contract services shall be provided in accordance with the, applicable laws`—ws and regulations of all governmental agencies that are in 'force at the time services are performed, Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. Revenue & Cost Specialists, LLC Consultant Services Agreement _ Page 2 of 7 0. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all, actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' Fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, Firm., or entity arising out of Consultants' negligent performance, or the negligent performance of its agents„ employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, ernployees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent: passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. NSMt NCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants" liability) with the following minimum limits of liability: (1) Personal or Bodily injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage --$1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum liirnits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials„ officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, agents or employees shall be in excess of Consultants' irISUrance and not contributed with it. Revenue & Cost Specialists, LLC Consultant Services Agreement Page 3 of 7 (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Connpensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11,documents required to be prepared pursuant hereto deemed for all purposes to be the property of Ciiand all analysis, computations, plans, correspondence , documents, and Computer media, including by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore, Consultant May retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant. 12, RECORDS AND INSPECTIONS, Consultant shall maintain -full, and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable firnes to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities, Consultant shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER, Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 14. QONFIICOtITREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state, county laws and regulations governing conflict of interest. 15. P,0LITICALACTIVU y not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awardingof any federal contract, grant, loan, intended to influence legislation, administrative rulemakingor the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT To IE-RMINATF-. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. EI=FECT OF TERMINATION, Upon termination as stated in Paragraph 16 ", of this Agreement, City shall be liable to Consultant only 'for work performed by Consultant Up to and including the date of termination of this Agreement, unless the termination is for cause, in Revenue & Cost Specialists, LLC Page 4 of 7 Consultant Services Agreement which event Consultant need be compensated only to the extent required by law. C011SUltallt shall be entitled to payrnent for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. SLICh payment will be Subject to City's receipt of a close -,out billing. 18. LITIGATION FEES, Should litigation arise out of this Agreement for the performance thereof, the Court Shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any Court fee schedule but shall award the full amount of costs, expenses, and attorney's fees paid and/or incurred in good faith. "Prevailing partyll shall mean the party that obtains a favorable and final judgment. Should litigation OCCUr, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on ,,in order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. % COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to, this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise, affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City, The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) Revenue & Cost Specialists, LLC Scott Thorpe, Senior Vice President 1519 East Chapman Avenue, Suite C Fullerton, California 92831 (714) 992-9020 (13) City of Baldwin Park Shannon Yauchzee, Chief Executive Officer 14403 East Pacific Avenue Baldwin Park, California 91706 (626) 813-5204 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mall. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. CITY OF BALDWIN PARK By: Manuel Lozano, Mayor Dated: CONSULTANT: Revenue & Cost Specialist, LLC m ,ell By: Name/Title -Vj c r, + T Dated: Z-1 1 5 Revenue & Cost Specialists, LLC Consultant Services Agreement 5 of 6 IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK By. Manuel Lozano, Mayor Dated: • By: Scott Thorpe, Senior Vice President Dated: Revenue & Cost Specialists, LLC Consultant Services Agreement 1. Identify and discuss the specific purpose of and need for the Law Enforcement Development Impact Fee (LEDIF). 2. Review the basic land -use categories and consider the basic nexus of benefit to determine whether there are any relative differences in benefit in one land -use over another. 3. Identify all land acquisitions, right to and physical capital improvements required as a result of the desire to accommodate additional development as the identified Land Use database. 4. Identify the nexus distributions for the various improvements. In this case, the nexus would be the average law enforcement calls -for -service demands by the various basic land -uses identified in step #2 above. 5. Prepare the draft LEDIF schedule and review with City staff to achieve understanding and agreement on the proposed LEDIF structure, fee amounts and the ultimate recommendations and course of action 6. Prepare the final Law Enforcement Development Impact Fee Calculation and Nexus Report, incorporating the agreed upon LEDIF calculation schedules and explanatory text. Review report with staff and make changes as required. 7. Contact the City Attorney to review the process and resulting documents; assist in preparation or amendment of the City's LEDIF ordinances and resolutions as required. 8. Prepare and present to the City the final report, having incorporated any changes resulting from staff reviews; provide cover stock adequate to prepare required number of copies as City desires. 9. Attend up to two (2) City Council meeting, one of which may be a require Public Hearing; prepare for explanation of the resulting LEDIF schedules and report; responding to questions as required. CIIJEDt1L CSF COMPENSATION 10. Consultant shall perform work as provided in Exhibit A, attached hereto, for a flat fee of $9,750. 11. Consultant shall be reimbursed for mileage at the IRS approved mileage rate of $0.575 per mile and commercial shipping costs shall be reimbursed at cost, for a combined total not to exceed $750 for the entire project. June 18, 2015 Mr. Shannon Yauchzee, Chief Executive Officer City of Baldwin Park - City Hall 14403 E. Pacific Road Baldwin Park, CA 91706 RE: Law Enforcement Development Impact Fee (DIF) Proposal Mr. Shannon, This proposal is it, response to your, request for specific development impact fee assistance after a phone conversation with you in regards to the establishment of a Law Enforcement Development Impact Fee thenceforth referred to as DIF). Scoff �ervic . RCS would undertake the following with the assistance of City staff and any other City -hired professional assistance: 1 Identify and discuss the specific purpose of, and need for the Law Enforcement DIF. 2. Review the Basic land -use c��ategeries and consider Elie basic nexus ' of benefit to determine if there are any relative differences in benefit in one land -use over another. 3. Identify all land' acquisitions, rights to and physical capital improvements rewired as a result of the desire to accommodate additional development within tyre identified Land use database. ; 4. Assist staff to generate the information needed to create the nexus distributions for the various improvements. In this case the nexus would be the average calls -for -service of law enforcement by the various land --uses identified in step #2. 5. Prepare the draft DIF schedule and thcn review ther:ri witl-r City staff 'rui agreement/understanding on the fee structure, fee amounts and the ultimate recommendations and course of action. 6. Prepare the final. Lair Enforcement Developinent Impact Fee CalCUlation and Nexus Deport incorporating the agreed to DIF calculation schedules and explanatory text. Review with staff and rnake changes as required. 7. Contact the City Attorney and review the process and 'resulting oo urnents to assist therm in their preparation or amendment of the City's DIF ordinances and resolutions. 8. Prepare and present the City with the final report and cover stock adequate to make the number of copies the City desires. Internet: w.revenuecost,co Voice 714.992.9020 1519 E. Chapman Avenue e Suite C e Fullerton, CA 92831 Fax 714.992.9921 Pa 2 June 2 25, 2015 Prgpos_a_l Letter to,,,Shannon Yauchzee, Ci()Lgf &LOWit7 Park 9. Attend up to two City Council meetings, one of which would likely be the required public hearing, to explain the resulting DIF schedules and report. Project Timirr , The project would begin within two weeks of receipt of a contract and would be completed within eight weeks. This provides City staff with adequate firne to generate the needed Land Use Database and review a draft product. RCS would endeavor to get the project completed in a shorter period of time if possible. E-ee for Services, RCS staff would undertake the above process for a flat rate of $9,750. Project mileage costs would be invoiced at the current IRS mileage rate of $0.575 per mile and commercial shipping at actual Costs, both to a maximum of $750.00 for the entire project. Technical Ma.1ters. RCS always maintains required liability insurance at normally accepted levels and is willing to indemnify the City for any RCS staff negligence. RCS staff does, not have any financial interest in the City and will fill out necessary FPPC forms as requested by the City Clerk. A resume is attached detailing the past project history of the Revenue & Cost Specialists, LLC Principal who will undertake the project. Should there be any questions, please contact me at 714/992-9026. Sincerely, Scott Thorpe Senior Vice President SCOTT IAN THORPE EDUCATION Bachelor of Public Administration (B.P.A.) - San Diego State University Master of Public Administration (M.P.A.) - California State University Fullerton PROFESSIONAL EXPERIENCE Revenue & Cost Specialists, L,L.C. - Senior Vice President (1998 -Present) `%'he principals of Management Services Institute reformed MSI into Revenue & Cost Specialists, as an LLC. Management Services Institute - Senior Vice President (1985-1998) Principal in a municipal management services company providing diversified municipal financial services. City of Brea-Managernent and Budget Manager (1984-1955) Developed budged preparation and management information reporting systems. Established personal computer operations including acqusltion, placement and maintenance of all equipment to initial and on-going employee training. Created a comprehensive tegislat.dve program for reviewing all federal, state, and local legislation. City of Anaheim • Budget Analyst/Managentent Operations Auditor (1979-1984) Assisted in the preparatdan of $350,000,0010 annual budget. Provided centralized r ariaagoment support and assistance of lime departments with a variety of services including work measurement and rnanagernent techniques program development, productivity improvement, internal, management audits, budget reviewfanralysus reventw forecasting and auditing, and data processing systems development. Specialized In minragenaent assistance to public safety, straddunnu convention venter and golf operations. Responsible for fiscal, work -unit measurement and managernent training sessions required of ado city management staff. City of Covina -Administrative Assistant to the City Manager legsN tive,gpub public infirm. ion, and a agenda procgrarn eopment ss ss sy temnsh. significant ductedra major anne at on�budget process, study and effort. City of Chula Vista -Administrative Aide (1973.1974) Entry loved job which Involved completion of a City-wide Policy and Procedure Manual, operation reviews of long Berm fire vehicle equipment purchases and of the municipal bus system stop locations. OTHER ACCOMPLISHMENTS ABC Elementary School District Closure Project, -Enrollment Projections Charter Oak Unlfded School District Facility closure Conirnittee-Board Appointee Guest Lecturer on va,rtous municipal governmentlmanag�ernent topics at two universities PUBLICATIONS (Both available at www.reveunecostcom) "Financing Capital Improvements", Journal American Water Works Association, August, 1991, pages 50-52 "Impact Fees: Practical Guide for Calculation and Implementation", Journal of Urban Planning and Development, Vol. 18, No. 3, September, 1992, pages 105-118 "The Missing Ingredient in State -Mandated General Plans", Public Management, International City Management Association", March 2014. Pages 21-22. Resume of Scott Ian Thorpe, continued CLIENTS SERVED DEVELOPMENT IMPACT FEES DEVELOPMENT IMPACT FEES (continued) City of Alhambra Utilities, CA Town of Paradise, CA City of Anaheim CA, Fire/Police/Library Services (1) City of Paso Robles, CA Town of Apple Valley, CA City of Petaluma, CA Antelope Valley Fire Protection District, CA City of Rancho Cordova CA, Circulation System DIFs Apple Valley Fire Protection District, CA City of Reedley, CA City ofAtascadero, CA (1) City of Rialto, CA City of Barstow, CA Bridge/Interchange City of Riverside Public Safety/Library City of Barstow, CA City of Riverside, CA Public Works & Public Safety Services Barstow Fire Protection District, CA City of Riverside, CA, Parks/Open Space (K -Rat Habitat) Bridgeport Fire Protection District, CA City of Santa Paula, CA City of Big Bear Lake, CA (1) City of Sedona, AZ (1) Brigham City Corporation, UT City of Selma, CA (1) City of Calimesa, CA (in progress) City of Sierra Madre, CA Carpinteria-Summerland, CA Fire Protection District (1) SANBAG, CA Chalfant Public Services (Fire) District, CA City of San Bernardino, CA (1) City of Calimesa, CA (in progress) County of San Bernardino, CA City of Carpinteria, CA (1) City of Scotts Valley, CA City of Chino, CA (1) South Jordan City, UT (1) City of Chino Preserve (Sub -area II) South Ogden City, UT City of Colton Delhi Sands Flower -Loving Fly DIF City of Thousand Oaks, CA, Review Existing Impact Fees City of Coachella, CA City of Tracy, CA Public Facilities City of Corona, CA (1) Town of Truckee, CA City of Corona - South Corona Specific Plan Impact Fees City of Tulare, CA City of Desert Hot Springs, CA (1) Washington Terrace City, UT City of Folsom, CA (1) West Jordan City, UT City of Gilroy, CA, Review of Existing DIFs Wheeler Crest (CA) Fire Protection District City of Glendale CA, Parks, Open Space and Community City of Wheatland, CA Facilities City of Whittier, CA, Parkland and Facilities City of Gonzales, CA (1) City of Grand Terrace, CA City of Greenfield, CA, Police/Fire/Community Centers MASTER FACILITIES PLANS/CIPS Feather River Recreation and Park District City of Hemet, CA (1) City of Anaheim, CA Police/Fire/Library Services (1) City of Highland, CA (1) Town of Apple Valley, CA City of Huntington Beach, CA Apple Valley Fire Protection District June Lake (CA) Fire Protection District Antelope Valley Fire Protection District City of Jurupa Valley, CA (in progress) City of Atascadero, CA King City, CA (1) City of Barstow, CA City of Laguna Hills, CA - Quality of Life DIFs Barstow Fire Protection District, CA City of Lake Havasu City, AZ Bridgeport Fire Protection District, CA City of Lemoore, CA City of Big Bear Lake, CA (5/10 year) Long Valley (CA) Fire Protection District Brigham City Corporation, UT City of Loma Linda, CA (1) City of Calimesa, CA (in progress) City of Menifee, CA (in progress) City of Carpinteria, CA Town of Mammoth Lakes, CA (1) Carpinteria-Summerland Fire Protection District City of Monterey Park, CA (in progress) Chalfant Public Services (Fire) Protection District County of Monterey Sheriff's Department DIFs City of Chino, CA (1) City of Morgan Hill, CA City of Corona, CA (1) City of Murrieta, CA (1) City of Folsom, CA (1) City of Needles, CA (1) City of Desert Hot Springs, CA (1) City of Newport Beach, CA Circulation System DIFs City of Gonzales, CA City of Norco, CA (1) City of Grand Terrace, CA City of North Ogden City, UT City of Greenfield, CA North Central Fire Protection District, CA City of Highland, CA (1) North View Fire Department, UT City of Jurupa valley, CA (in progress) Oceanside CA Storm Drainage (in Progress) June Lake (CA) Fire Protection District City of Ontario, Core/New Model Colony, CA (1) King City, CA City of Orange - Fire Services, CA City of Oroville, CA (1) Includes one or more impact fee calculation updates. Resume of Scott Ian Thorpe, continued MASTER FACILITIES PLANS/CIPS (continued) City of Lake Havasu City, AZ City of Huntington Beach, CA City of Lancaster, CA City of Loma Linda, CA (1) Long Valley (CA) Fire Protection District City of Menifee, CA (in progress) Town of Mammoth Lakes, CA (1) City of Murrieta, CA (1) City of Needles, CA City of Newport Beach City of Norco, CA (1) North Ogden City, UT North Central Fire Protection District City of Ontario, CA City of Oroville, CA City of Orange, CA Fire Suppression System Town of Paradise, CA City of Paso Robles, CA City of Rancho (CA) Cordova Circulation System City of Riverside, CA Police/Fire Services City of San Bernardino, CA City of San Bernardino, CA City of Santa Paula, CA (1) City of Sedona, AZ City of Selma, CA (1) South Jordan City, UT (1) South Ogden City, UT City of Tracy, CA, Public Facilities Town of Truckee, CA City of San Bernardino, CA City of San Bernardino, CA Storm Drainage Wheeler Crest (CA) Fire Protection District City of Wheatland, CA City of Whittier Park System MISCELLANEOUS PROJECTS City of Azusa, CA - Plan Check/inspection Process Review Brigham City Corporation - Closed Indian School Use Conversion City of Colton, CA - Electric Utilities Collection Procedural Manual City of Corona, CA -1-15 Area Public Safety Facility Financing City of Corona, CA - Communication Repeater Cost Financing City of Fontana, CA - General & Departmental Overhead Plan City of Hemet, CA - Supplemental DIF - Public Peril Report City of Highland, CA - Capital Financing Plan City of Highland, CA - Fee and Rate Schedule City of Lake Havasu City, AZ - Capital Financing Plan Los Angeles Fire/Police Retirement System - Fiscal Review City of Needles - Development Agreement Assistance City of Milpitas - Business License Ordinance Review City of Redlands, CA - Corporation Yard Debt Financing Cost Distribution City of Redlands, CA - Solid Waste Collection/Landfill Rate Study City of Redlands, CA - Street Sweeping Rate Study City of Pico Rivera - Business License Ordinance Review City of Port Hueneme, CA - Revenue Search Report San Bernardino County, CA, Special Dist. Office, Finance Review City of San Clemente Business License Review City of Santa Paula Park General Plan E,larnent City of Seaside - Hayes Housing Development Service Demands MISCELLANEOUS PROJECTS (continued) South Jordan City- Business Regulation Costing City of South Lake Tahoe, CA - Transfer of Custody Cost Verification City of Westminster, CA - Productivity Measurement Module Town of Windsor, CA - Long Range Capital Financing Plan City of San Bernardino, CA - Verdemont Area Financing Analysis Assistance to City's Attorneys (confidential) Cohen and Berliner Rutan and Tucker San Diego County Counsel - DIF Use Litigation Assistance San Diego City - Building & Safety Fee Litigation Assistance MUNICIPAL BUSINESS SYSTEM COST OF SERVICES CALCULATIONS City of Azusa, CA City of Banning, CA City of Brea, CA City of Bend, OR City of Carpinteria, CA City of Carson, CA City of Chino, CA Chino Valley Independent Fire District, CA City of Corona, CA City of Cotati, CA City of Fontana, CA City of Hesperia, CA City of Highland, CA City of Kennewick, WA City of Lake Elsinore, CA City of Long Beach, CA, Marine Bureau City of Lynwood, CA City of Ontario, CA, Fire Department City of Porterville, CA City of Rancho Mirage, CA City of Redlands, CA City of Rialto, CA City of Rocklin, CA South Jordan City, UT City of Shafter, CA City of Taft, CA City of Upland, CA City of West Covina, CA County of Imperial, CA County of Ventura Consolidated Fire District, CA INTERNATIONAL MUNICIPAL MANAGEMENT TRAINING Slovenia Ministry of Local Affairs (municipal services) Philippine Ministry of Economic and Capital Development (1) Includes one or more updates.. ITEM NO. 7 TO: Honorable Mayor and City Councilmembers ro 7 . FROM: Marc Castagnola, AICP, Director of Community Dcvelopm . 1 "VIE , DATE: August 5 2015 z .. VAL iLEY "�� SUBJECT: APPROVE A PROFESSIONAL SERVICE AGR +CEMENT 1"� H, kD JANkI! AIM CONSULTING SERVICES, FOR ECONOMIC DEVELOPMENT STRATEGY SERVICES SUMMARY This report is to approve a four (4) months Professional Service Agreement with AIM Consulting Services to assist in developing an economic development strategy. FISCAL IMPACT As proposed by AIM Consulting Services, the total amount for a 4 -month initial scope of services would not exceed $32,000. The City Council shall appropriate the total contract amount to account 100-40-405-51100- 00000-2. This amount was budgeted in FY 2014-15 from the salary savings of the unfilled economic development position and needs to be re -appropriated in FY 2015-16. RECOMMENDATION Staff recommends that the City Council approve the following: 1. Approve a contract for Professional Consultant Services with AIM Consulting Services for a four (4) months term; and, 2. Appropriate $32,000 to Account 100-40-405-51100-00000-2; and, 3. Authorize the Mayor to execute the Agreement. Pur uant oOCitylCouncil direction, staff conducted a community meeting on June 3, 2014 to have discussion and receive input about Ordinance 1290 also known as the Downtown Overlay or the RDAO (Redevelopment Project Area Overlay). Staff scheduled the next community meeting to present the results/findings on Monday, August 4, 2014 for comment and additional input. LEGAL This report REVIEW sIbe reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES Staff prepared a short PowerPoint presentation beginning with the history of Ordinance 1290 for those present. Then staff provided a summary of the three (3) options (ALTERNATIVES), which are summarized: 1) Maintain Ordinance 1290 as is: Commercial/retail uses would still dominate as the preferred uses within the boundaries, Sub Area #3 would still be allowed very limited industrial uses such as machine shops; however, auto repair would still remain a prohibited use. Economic Development Strategy Services August 5, 2015 Paee 2 2) Repeal Ordinance 1290: Proposed uses would be allowed pursuant to the underlying zone for the respective property such as IC (Industrial Commercial), C2 (General Commercial), or MU -1 (Mixed Use 1). 3) Consider Ordinance 1290 for smaller areas within the overall boundary: it has been noted that a majority of properties subject to Ordinance 1290, are also located within the METRO Transit -Oriented Specific Plan area. Should the Transit -Oriented Specific Plan be adopted by the City Council, the development standards contained in the specific plan would supersede the development standards currently in the zoning code. After the conclusion of the PowerPoint presentation, staff opened the meeting to questions and discussion. Similar to the first meeting, those present felt that Ordinance 1290 has a bad stigma and should be repealed. A summary of comments from the August 4, 2014 meeting is attached (Attachment #3). Staff informed those present at the meeting that the next step would be to bring forward the summaries of both community meetings to the City Council for discussion and direction. ATTACHMENTS #1, Redevelopment Project Area (RDAO) Map #2, PowerPoint and Summary of Comments from June 3, 2014 Community Meeting #3, PowerPoint and Summary of Comments from August 4, 2014 Community Meeting gmgzm=�� AIM Consulting Services Consultant Services Agreement Page 1 of 7 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this day of June, 2015 by and between the City of Baldwin Park, ("City"), and AIM Consulting Services ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." Duration of Scope of Services may be extended on a month-to-month basis, but shall not exceed the total compensation. 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B." 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices within a period not -to -exceed four (4) months. 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to AIM Consulting Services Page 2 of 7 Consultant Services Agreement-___­-, _ 9 — such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. g. L ABi[jTY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any, judgrnent rendered against City and/or its officials, officers, or ernployees that: may be asserted or claimed by any person„ firm, or entity arising out of Consultants' negligent performance, or the r1egligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant,. it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees, 10. INSURANCE, Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000, (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily injury $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, AIM Consulting Services Consultant Services Agreement Paue3of7 agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material chance in coverage before such change or cancellation becomes effective. (F) With respect to Workers" Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers" Compensation Insurance endorsement. 11 CWIFRSI 111 til= N7CUMFIVTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans„ correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreernent. Such work product shall be transmitted to City within tell (10) days after a written request therefore. Consultant may retain copies of such products, Any re -use by City shvill be at the sole risk of City and without liability to Consultant. 12, RE -CORDS AND INSPECTIONS. Consultant shall i maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such recorcls, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities.. Consultant shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TA PA`r""FR iI FNTIFICATiON NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 14. C4 Nil=l ICT CF IN�d"I"FRFST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclose' prior to execution of contract and Consultant shall comply with all applicable federal, state and county haws and regulations governing conflict of interest. 15. PCplmml"ICAI_ ACTIVITYJI.t I313YINC CERTIFICATION, Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT To TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion„ with thirty (30) days written notice. 17. EFFECT OF TERMINATION, Upon termination as stated in Paragraph "16" of this Agreement, City shall be liable to Consultant only for work performed by Consultant up to AIM Consulting Services Page 4 of 7 Consultant Services Agreement ag and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law, Consultant ,shall be entitled to payment for work satisfactorily coin-ipleted to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Stich payment will be subject to +City"s receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing parry. In awarding attorney's fees, the court shall not be bound by any, court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid andlor incurred in good faith, "Prevailing Party" shall mean the party that obtains a favorable and final judgment, Should litigation occur, venue shall be In the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19 COVENANTS AND CONDITIONS. Each term and each provision of this Agreement to be performed by Consultant shallbe construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreernent or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21 MODII ICATIC N Ol AtREEMENT, This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPIESENTATIVImS. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT AIM Consulting Services Gabriel Perez, Principal 11401 E. Valley Boulevard, Suite 201 El Monte, CA 91731 (323)271-4602 (B) City of Baldwin Park Att.: Marc Castagnola, Director of Community Development 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 X477 AIM Consulting Services Consultant Services Agreement e 5 of 7 23 NOTICES, Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK By: Shannon Yauchzee, Chief Executive Officer Dated: CONSULTANT: AIM Consulting Services By: "Gabriel Perez, Pfincipai Dated EXHIBIT A SCOPE OF SERVICES July 9, 2015 Marc Castagnola, AICP Director of Community Development City of Baldwin Park 14403 Pacific Avenue Baldwin Park, CA 91706 RE: THE CITY OF BALDWIN PARK ECONOMIC DEVELOPMENT PROPOSAL AND TIMEFRAME The City of Baldwin Park has already invested in, what AIM (",onsulting; Services (AIMCS) considers, two substantive economic development docurnents-the City of Baldwin Park Downtown TOIL Specific Plan and the Urban Land Institute's (ULI) City of Baldwin hark Civic Center Site Transil-Oriented Development, Technical Assistance Panel (TAP) Program. Together, these documents provide both strong technical frameworks as well as substantive "visioning" from which to build. In essence, and in the interest of time, AIMCS will use these two documents as a "launching pad" of soils to begin defining both short-term and long-term actual implementation strategies. Moreover, working closely with Elected Officials, City Staff and civic leaders, AIMCS will begin implementation of these strategies or, at mininILIM, clearly define specific steps that can be acted upon within 3-6 months of work commencement date. It should be noted that AIMCS recognizes both the aforementioned documents are specific to the Downtown Civic area, While this will not preclude, nor should it limit discussion of economic development strategies City-wide to be further defined by city leaders, we re -iterate that these documents are viewed as a substantive "'launching pad" that can serve to include a broader, City-wide, scope of analysis and implementation strategy, Below we submit our timeline and proposed monthly deliverables: First month of Contract, Will initiate scheduled sessions with respective elected officials, critical staff and community leadership (as identified by both Elected officials and Executive Staff) in an effort to solicit input and develop overall approach to Econornic Development strategy implementation. • Will complete review of critical and existing Economic Development documents (ie, Downtown TOD Specific Plan, ULI Report, General Plan Sustainability Element, tba). Understanding that available workforce is one of the top criteria of any firm seeking to expand or locate a new business operation in a city, AIMCS will begin gathering/analyzing workforce data. Begin outline of specific goals and identify priorities as defined by city leaders and commence a well-defined strategy of implementation. Second Month of Contract; (Pending outcome wills City Leadel'ship) Complete and/or continue outreach sessions with Civic Leaders and begin developing immediate and implementable strategies based on those outcomes. 11401 E-,jsj V1111ey 13oulevard, Ste 201 1 1-:1 Nj(ijilv., CA 91731 1 323.271.4602 1 • Continue workforce development analysis and begin identifying key short and long-term recommendations relative to analysis. • In consultation with city staff, identify and analyze potential strategic economic zones where city can facilitate strategic partnerships with industry specific businesses. Ihird Month of Contract. • Will begin preparation of speakers bureau as well as preparation of specific "pitch plan" to be made to both private and public sectors to induce investment, • Begin examining financing methods and develop strategy that will support economic development goals. Begin identifying specific local and regional strategic partners and begin an outline strategy on how to incorporate them into overail goals. Fourth Month of Contract. • Complete package (if agreed upon by council in month two) to be used as pitch to Tech Industry for possible investment. • Complete analysis of WorkForce development and recommend implementable actions for City to pursue. • Complete, at minimum„ general framework for creation of a "speakers bureau" and identify necessary data points to be sought by City to further enhance bureau's effectiveness. • Complete analysis of General Man Sustainability Element with specific recommendations on how to promote and/or modify to better position City for both federal and local funding. • Identify preliminary funding mechanisms for immediate implementation of specifically defined goals. • Identify realistic specific business interest for City to pursue for potential investment, both public and private. • Begin general framework for Marketing Plan. As President of AIMCS and Principal -in -Charge, d give my commitment that our firm will provide the City of Baldwin Bark professionals with the knowledge and background to fulfill the contract requirements. We are grateful for your time and interest in our company. If you should have any questions, please feel free to contact me directly at 323.271.46012, Sincerely, Gabriel Perez, President and Principal -in -Charge 11401 East Vnllcp 13oIIIevard, Slc 201 1 I:1 ,NI on lc, CA 91731 1 323.271.4602 1 EXHIBIT B SCHEDULE OF COMPENSATION Please provide staff salary rate Monthly Expenditure Not -To -Exceed $8,000 Total Contract Period of 4 months Total Contract Not -To -Exceed $32,000 N ITEM NO. STAFF REPORT„%% j�1��, TO: The Honorable Mayor and Members of the City Council 0,d 4' ,T4E ,. / I ""”' 1 11 � i FROM: Marc Castagnola, AICP, Director of Community Development 'V DATE: August 5, 2015 SUBJECT: Oppose AB 57 (Quirk) Wireless Telecommunication Facilities SUMMARY This report is to approve a letter in support of the League of California Cities in opposition to AB 57 local review of telecommunication facilities. FISCAL IMPACT There is no fiscal impact related to approving a letter of opposition to AB 57. RECOMMENDATION Staff recommends that the City Council approve a letter to the State Senate Energy, Utilities and Communication Committee and the State Assembly Local Government Committee in opposition to AB 57 (Quirk) Wireless Telecommunication Facilities. BACKGROUND In 2009, the Federal Communication Commission (FCC) adopted rules that require local governments to review and act on applications f:oi- the establishri-iont, o('wireless coin ninn icatilon structures. Hilder that ruling, cities have 90 days to i,eview co -location aplflications, arid, 150 days for other siting applications. If the cities do not act in this timefrarne, an applicant can baring action in court. During the rulemaking, wireless carriers reqtwsled that the FCC adopt the deemed approved requirements included in AB 57. However, the FCC refused. AB 57 goes beyond the requirements of federal law and regulations by deeming approved any application for colocation or siting of new wireless facilities if a jurisdiction does not approve or disapprove the application within the timelines required by the FCC. The issue was raised again in 2014 when the FCC reviewed requirements under a new federal rule, known as the 6409 rule, regarding what is considered a "substantial modification". Again, the FCC refused to issue a deemed approved rule. The League of California Cities is unaware of any evidence that special circumstances exists in California that would require a special deemed approved rule. In addition to the policy concerns above, the League notes that the federal law continues to have AB 57 Oppose Letter August. 5, 2015 Page 2 of 4 court challenges. Regardless of their outcome, the League encourages the legislature to refrain from locking California into a law based on regulations that could soon be changed by the courts. Therefore, The League of California Cities, the California State Association of Counties, the American Planning Association California Chapter, SCAN' NATOA2 oppose AB 57 authored by Assembly Member Bill Quirk, which would unnecessarily and significantly impact a cities' authority to regulate the placement of certain wireless telecommunications facilities. LEGAL REVIEW: No Legal Review is necessary at this time ALTERNATIVES The City Council may decide to not send the letter in opposition to AB 57 (Quirk). Attachments: • Summarized Issues and Recommended Amendments • Letter of Opposition 1 States of California & Nevada Chapter of NATOA (SCAN) 2 National Association of Telecommunications Officers and Advisors (NATOA) v ( �r i � �I •� 1'' � Is 1A, � 1 1)E',E,MLJ)-APPR )VALJSCOPE * Issue: AD 57 does not delineate what "application" the law would deem approve Does the law deem approved the initially received application? Would the deem approval authorize developments that would otherwise require a variance? Does t deemed approval include all permits necessary to construct the proposed facility, such building and fire department approvals? * Recottinjendation: Explicitly limit the deemed -approval to only the developme, A ermit. This approach mirrors existing California law, ensures that the deemed-approv does not exceed the applicant's actual proposal and prevents unnecessary time pressure ministerial reviews for building and safety. 1LNNJl0)NMENTAl_ REVIEW • Issue: AD 57 contains no provision to accommodate additional time reasonably necessary to conduct CEQA review. Despite concerns raised in the Senate Energy, Utilities and Communications Committee, both subsequent amendments continued to omit any provisions to toll the time for review when required for compliance with CEQA. • Recomrnendation 1: Explicitly limit the deemed -approval to only applications that are categorically exempted from review under CEQA regulations. Most wireless facilities qualify for a categorical exemption, so this revision would impact only the rare proposal to build in an environmentally sensitive, historic or culturally protected area. This revision is consistent with deemed -approval provision in the California Pertnit Streamlining Act, and critically important to preserve precious resources in the few cases where CEQA applies. • Alternative Itecomineildattoft �2: Explicittv Provide additional time required to complete CEQA review as a rebuttal to ibe, presumption of unreasonable delay. Although not as efficient as Recommendation 1, this approach would at least offer a safe harbor when a proposed wireless deployment triggers a higher-level CEQA review tha',1 requires more than the presumptively reasonable time for categorically exempted sites. "M :3 112910a • Issue: Subdivision (a)(2) would authorize a deemed -approval based on simple notice Fa—circumstances where the California Constitution requires a reasonable opportunity to be heard at a publicly -noticed meeting. AB 57 requires only the "public notice require[d] for the application." Not all applications require approval at a publicly - noticed meeting, but some wireless deployments (including permit renewals for major facilities) trigger constitutional due process procedures that may require more time than AB 57 at lows. • RecornmendaHon: Delete subdivision (a)(2) and replace with "The public notice required 1y law has occurred." This exact language appears in the current deemed- Issue: Subdivision (c) would declare each individual wireless site a "Matter statewide concern" and not a "municipal affair." The sponsor intends this bro However, the sponsor misunderstands the difference between a "municipal affair" a local police powers. Moreover, wireless carriers couldargue that the legislature intend this language to preempt local land -use authority over wireless facility siting. AB 57 cou achieve the sponsor's intent with more precise and less controversial language. Recommenja : Delete subdivision (c) and replace it with language that explicit extends AB 57 to all charter cities, general law cities, counties and city and cound Local land -use authority flows from delegated police powers, and all the legislatu requires for preemption is an express statement of intent. WAX I rATI: =,�r-ol-t-rryraly-mm�, Lvv�.Av,$ on its head and shifts enforcement costs from multi -billion -dollar corporations ;0 loc governments. Under state law, an aggrieved applicant would need to se judicial relief under California Code of Civil Procedure § 1085. State law would st require local governments to issue deemed -approved permits. In disputed cases, whe either complex circumstances or tolling issues arise, a court would determine whether order the local government to issue withheld permits. This approach also ensures th applicants do not commence construction without proper building and safety review a approval. Issue: Subdivision (d)(1) defines "applicable FCC decisions" to include federm regulations that the FCC might adopt in the future. The legislature should not adopt law with unknown and uncertain requirements. Recommendation: Delete references to subsequent FCC decisions. Not aft FC decisions come about through the public notice and comment procedures, and not federal administrative "decisions" carry the force of law. AB 57 would unfairly require local governmerls to notHenly kr,,cw that such and correctly interpret thern. N 01 110 �,j �1, V �ISl 0 \ Igue.- AB 57 should not indefinitely remain In force given the confusion and controversies it will likely engender. Rccotnntcn4gjj2A- AB 57 should automatically sunset three (3) years after the legislature to reauthorize the law or allow it to expire if it does not serve its intended purposes. umpm1I =1 August 5, 2015 The Honorable Bill Quirk State Capitol P.O. Box 942849 Sacramento, CA 9249-0020 RE: AB 57 CluirkWireless Telecommunications facilities (as amended April 6, 2015) Notice of OPPOSITION Dear Assembly Member Bill Quirk: The City of Baldwin Park oppose AB 57 authored by Assembly Member Bill Quirk, which would unnecessarily and significantly impact a cities' authority to regulate the placement of certain wireless telecommunications facilities. AB 57 goes beyond the requirements of federal law and regulations by deeming approved any application for colocation or siting of new wireless facilities if a jurisdiction does not approve or disapprove the application within the timelines required by the Federal Communications Commission (FCC). In 2009, the Federal Communication Commission (FCC) adopted rules that require local governments to review and act on applications for the establishment of wireless communication structures. Under that ruling, cities have 90 days to review co -location applications, and 150 days for other siting applications. If the cities do not act in this timeframe, an applicant can bring action in court. During the rulemaking, wireless carriers requested that the FCC adopt the deemed approved requirements included in AB 57. However, the FCC refused. The issue was raised again in 2014 when the FCC reviewed requirements under a new federal rule, known as the 6409 rule, regarding what is considered a "substantial modification". Again, the FCC refused to issue a deemed approved rule. The City of Baldwin Park is unaware of any evidence that special circumstances exists in California that would require a special deemed approved rule. In addition to the policy concerns above, the City notes that the federal law continues to have court challenges. Regardless of their outcome, the City encourages the legislature to refrain from locking California into a law based on regulations that could soon be changed by the courts. Sincerely, Manuel Lozano Mayor Cruz Baca Monica Garcia Ricardo Pacheco Susan Rubio Mayor Pro -Tem Councilmember Councilmember Councilmember cc: Honorable Assembly Member Brian Maienschein Honorable Senator Ben Huesco Jennifer Quan, League of California Cities, Regional Public Affairs Manager August 5, 2015 The Honorable Ben Huesco, Chair Senate Energy, Utilities and Communications Committee State Capitol Building, Room 4035 Sacramento, CA 95814 RE: ALS 67 Quirk 'wireless Telecommunications facilities (as amended April 6, 2015) Notice of OPPOSITION Dear Senator Huesco: The City of Baldwin Park oppose AB 57 authored by Assembly Member Bill Quirk, which would unnecessarily and significantly impact a cities' authority to regulate the placement of certain wireless telecommunications facilities. AB 57 goes beyond the requirements of federal law and regulations by deeming approved any application for colocation or siting of new wireless facilities if a jurisdiction does not approve or disapprove the application within the timelines required by the Federal Communications Commission (FCC). In 2009, the Federal Communication Commission (FCC) adopted rules that require local governments to review and act on applications for the establishment of wireless communication structures. Under that ruling, cities have 90 days to review co -location applications, and 150 days for other siting applications. If the cities do not act in this timeframe, an applicant can bring action in court. During the rulemaking, wireless carriers requested that the FCC adopt the deemed approved requirements included in AB 57. However, the FCC refused. The issue was raised again in 2014 when the FCC reviewed requirements under a new federal rule, known as the 6409 rule, regarding what is considered a "substantial modification". Again, the FCC refused to issue a deemed approved rule. The City of Baldwin Park is unaware of any evidence that special circumstances exists in California that would require a special deemed approved rule. In addition to the policy concerns above, the City notes that the federal law continues to have court challenges. Regardless of their outcome, the City encourages the legislature to refrain from locking California into a law based on regulations that could soon be changed by the courts. Sincerely, Manuel Lozano Mayor Cruz Baca Monica Garcia Ricardo Pacheco Susan Rubio Mayor Pro -Tem Councilmember Councilmember Councilmember cc: Honorable Assembly Member Bill Quirk Honorable Assembly Member Brian Maienschein Jennifer Quan, League of California Cities, Regional Public Affairs Manager August 5, 2015 The Honorable Brian Maienschein, Chair Assembly Local Government Committee State Capitol Building, Room 157 Sacramento, CA 95814 RE: AB 57 Quirle11 wireless Telecommunications facilities (as amended April 6, 2015) Notice of OPPOSITION Dear Assembly Member Brian Maienschein: The City of Baldwin Park oppose AB 57 authored by Assembly Member Bill Quirk, which would unnecessarily and significantly impact a cities' authority to regulate the placement of certain wireless telecommunications facilities. AB 57 goes beyond the requirements of federal law and regulations by deeming approved any application for colocation or siting of new wireless facilities if a jurisdiction does not approve or disapprove the application within the timelines required by the Federal Communications Commission (FCC). In 2009, the Federal Communication Commission (FCC) adopted rules that require local governments to review and act on applications for the establishment of wireless communication structures. Under that ruling, cities have 90 days to review co -location applications„ and 150 days for other siting applications. If the cities do not act in this timeframe„ an applicant can bring action in court. During the rulemaking, wireless carriers requested that the FCC adopt the deemed approved requirements included in AB 57. However, the FCC refused. The issue was raised again in 2014 when the FCC reviewed requirements under a new federal rule, known as the 6409 rule, regarding what is considered a "substantial modification". Again, the FCC refused to issue a deemed approved rule. The City of Baldwin Park is unaware of any evidence that special circumstances exists in California that would require a special deemed approved rule. In addition to the policy concerns above, the City notes that the federal law continues to have court challenges. Regardless of their outcome, the City encourages the legislature to refrain from locking California into a law based on regulations that could soon be changed by the courts. Sincerely, Manuel Lozano Mayor Cruz Baca Monica Garcia Ricardo Pacheco Susan Rubio Mayor Pro -Tem Councilmember Councilmember Councilmember cc: Honorable Assembly Member Bill Quirk Honorable Senator Ben Huesco h Jennifer Quan, League of California Cities, Regional Public Affairs Manager ITEM NO. / TO: Honorable Mayor and City Councilmembers FROM: Daniel Wall, P.E., Director of Public Works /City Engincc sn cs'r DATE: August 5, 2015 SUBJECT: MEDIAN LANDSCAPE DESIGN SERVICES AGREEMENT SUMMARY This item will approve a consultant services agreement with Withers and Sandgren for the design of low water landscapes to replace the turf in the City's street medians FISCAL IMPACT Approval of this agreement will not impact the General Fund. While the overall cost of removing turf from the City's medians and replacing it with low water landscaping is not known at this time, the City Council on February 18. 2015 appropriated an initial $500,000 in Measure R funds toward the total cost of this project. The cost of the design agreement under consideration is $173,025.72 RECOMMENDATION It is recommended that the City Council approve the consultant services agreement with Withers and Sandgren for the design of low water landscapes to replace turf in the City's street medians and authorize the Mayor to execute the same. BACKGROUND Due to the severity of the State's current drought, on Wednesday, April 1, 2015, Governor Brown issued an executive order that directed the State Water Board to prohibit the irrigation of ornamental turf on public street medians. Many of the major entrances into our City including Ramona Boulevard, Baldwin Park Boulevard, and Badillo Street, as well as smaller streets such as Sterling Way and Amar Road have turf covered medians. The removal of turf provides the City with the opportunity to not only reduce overall water use, but to create beautiful and dramatic streetscapes. The Request For Qualifications (RFQ) was issued on May 18, 2015. Twelve firms expressed interest in this project and eleven submitted Qualifications packages by the June 15 deadline. On June 29, interviews were conducted with five firms. The firms interviewed were Conerstone, Troller Mayer and Associates, Nuvis, Hirscj and Associates, and Withers and Sandgren. 2that will be issued as an initial step in selecting an appropriate Landscape Architect for this design. Based on the qualifications package and the interview the panel unanimously determined Withers and Sandgren to be the most qualified firm for this project. A follow up meeting was conducted on July 8, with Withers and Sandgren to refine project expectations and scope of work and negotiate the terms the agreement. The work to be performed under this agreement includes development of schematic design concepts for each median with the City Council in workshops. The final conceptual design will then be presented to the public. Construction plans and specifications for bid will then be prepared based on the final conceptual plan. A maintenance guide will be prepared in coordination with City Staff to ensure that the landscape and irrigation systems constructed will be properly maintained. The Consultant will provide bid support, construction observation and inspections and prepare as built drawings. The Consultant will prepare and submit conservation rebate applications and other applicable grant application as for this project Median Landscape Design Services Agreement August 5, 2015 Neel LEGAL REVIEW The standard Consultant Services Agreement was prepared by the City Attorney and the staff report has been reviewed and approved as to legal format. ALTERNATIVES Alternatively, the City Council could choose to not use the services of a Landscape Architect for turf removal, and instead use staff to design this project. This alternative have lower up front cost, however due to lack of staff expertise in this area this approach may prove more expensive to construct and could jeopardize the health of the 300 plus mature trees in the City's street medians. ATTACHMENTS: A. Consultant Services Agreement Withers and Sandgren, LTD Consultant Services Agreement �m mmmmPage 1 of 7 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this fifth day of August, 2015 by and between the City of Baldwin Park, ("City"), and Withers and Sandgre, LTD ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." Duration of Scope of Services may be extended on a month-to-month basis, but shall not exceed the total compensation. 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B." 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices Task 1 through Task 5 shall be completed by April 1, 2016 4. AUDIT OR EXAMINATION. Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ;ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7.RIGHT" TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to Withers and Sandgren, LTD Consultant Services Agreement - ....... Page 2 of 7 such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees„ as well as, negligent acts or omissions of Consultant, it's agents, employees„ subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of Clay„ or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Comprehensive General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Comprehensive Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, Withers and Sandgren, LTD Consultant Services Agreement Page 3 of 7 agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation or of any material change in coverage before such change or cancellation becomes effective. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSHIP OF DOCUMENTS,. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore. Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant. 12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. 13. TAXPAYER IDENTIFICATION NUMBER. Consultant shall provide City with a complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTERES IJ. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICAL., ACTIVITY/LOBBYING CERTIFICATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency, or body or member of Congress in connection with the awarding of any federal contract, grant, loam„ intended to influence legislation, administrative rulemaking or the election of candidates for public office during tiirde compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, City shall be liable to Consultant only for work performed by Consultant up to Withers and Sandgren, LTD — ge4of7 Consultant Services Agreement Pa and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out billing. 18. LI"TICATION IEE S. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses„ including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees Maid and/or incurred in good faith. Prevailing Party shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results frorn the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND _ NDrnONS. Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. 20. INTEGRATED AGREEMENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF_AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATED REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT Withers and Sandgren LTD ATT: Lacey Withers P.O. Box 276 Montrose, CA 91021 (818) 291-0200 (B) City of Baldwin Park Att.: Daniel Wall 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 813-5251 Withers and Sandgren, LTD Consultant Services Agreement e5of7 23 NOTICES. Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK By. Manual Lozano, Mayor of Baldwin Park Dated: CONSULTANT: Withers and Sandgren By: Da I LI ars /Title ted: Scope of Work: Task I. Kickoff Meeting / Mobilization 1.1. The Withers & Sandgren team will rneet with City representatives and obtain all documents and materials available to the City for the medians project, including PDF copies of as -built drawings, controller information / charts, water utility bills for at least the previous 12 months the systems were fully operational. 1.2. WS will develop a meeting, submittals, and presentation schedule with the City, and provide schedule updates as needed. Task II. Review of Previously Completed Work & Project Review 2.1. Review of Existing Data WS will review and analyze existing data and plans available from the City, plus any documents that may provide additional opportunities for background information and/or project enhancement. WS will meet with the team in order to provide detailed information and create a list of questions prior to a scheduled meeting with the client. 2.2. Team Management WS and the City will jointly review and clarify project objectives, goals, and strategies and will refine and submit final project scope, schedule and budget. WS will lead a team site visit to ensure full project understanding and scope. 2.3. Interviews and Meetings with identified Key Agencies and Stakeholders WS will interview and meet with City Council ad-hoc committee and other invited representatives to address the goals, timeframe (scheduling) and further understand the project objectives, and request additional miscellaneous data and information. 2.4. Rebate and Grant Requirement Review (as applicable) WS will review potential rebate and grant requirements and discuss with City Staff and City Council. 2.5. Coordinate with Arborist; obtain recommendations fro care and nees of existing trees. 2.6. Prepare memorandums Task Ill. Site Analysis and Data Development 3.1. Field Reconnaissance and Analysis of Project Sites At the beginning of the project, all available documentation will be obtained and reviewed. This includes the items furnished by the City, including available as-builts. 3.2The WS team will identify and conduct field reconnaissance, inventories, photo documentation, and analysis required for the subsequent design development and scope of work. The team will work from available site materials and assess any data gaps in order to record existing conditions in the project development not supplied. Coordination with City maintenance personnel is critical to gathering site information and noting the current operating conditions of the irrigation systems. A primary goal is to ensure all design staff have a thorough understanding of the site conditions and constraints. 3.3. Soil Testing. Soil samples will be taken for analysis for Standard Agricultural Soil Suitability Analysis, Soil Organic matter evaluation, texture / structure, water percolation / intake rate. Other items to note: Root depth of trees. Root depth of existing turf. 3.4. Conditions of Existing Irrigation Systems WS will meet with maintenance personnel on site to note, observe and assess the condition of the existing irrigation systems (collect basic audit information). These site visits will include: Baldwin Park / 20 Site inspection and location of equipment. System test. System descriptions & note types of equipment installed. Note controller type, settings, sensors installed, number of total stations, and the number of open stations. Check the available water pressure at the Point of Connection. Check the water pressure at the closest head to the valve and the furthest head from the valve. Note items for improvement: tilted, sunken, missing or broken heads, plugged nozzles, low head drainage (indicates a need for check valves), and leaky equipment. Task IV. Schematic Design and Design Development of Project Improvements (50% Construction Documents) 4.1. General Design Development WS will develop a schematic design development planting and irrigation plan, with plant palettes for each median and options for the modification of the existing irrigation systems. Production of the construction documents begins. 4.2. Pre Design Meeting with City Council and City Engineer for design and initial water gap protocol(s). WS will meet with the City Council and the City Engineer to discuss conditions of existing irrigation systems, and initial assessments on tree health. Topics will include: Opportunities to improve the existing systems (add flow sensors, master valves, smart controllers, remote access, soil moisture sensors, weather stations, circuit new tree irrigation separately to reduce future drought stress, etc.); review costs. Review options and methods for providing irrigation to existing trees. Review and discuss existing City irrigation standards, compliance with existing and emerging code/legislation. Review and discuss options and recommendations for planting at each of the medians, focusing on understory plants that are complimentary to the existing street trees. Develop initial planting alternatives. Review arborist initial assessment and recommendations. 4.3. Base Plan Prepare a CAD site plan traced from PDF plans made available by the City. Make adjustments to plans based on field observations and notes. 4.4. Prepare PowerPoint Presentation, materials boards, color sketches and meeting minutes 4.5 Prepare Final Concept Prepare final concept including planting, edge modifications, and final irrigation recommendations. 4.6 Pre Public Presentation Workshop. WS will meet with the City Council and the City Engineer prior to Public Presentations to finalize the Shcmatic Design 4.7 Public Presentations Two public Presentations of the Final Schematic Design will be made. Minutes from pubic comment and a meeting memo will be prepared by the WS. 4.8 Meet with City Council and City Engineer WS will meet with the City Council and the City Engineer to present findings from the public presentations. 4.9 Prepare 50% Tree Preservation & Demolition Plan Prepare a tree preservation and demolition plan for the project site. The tree preservation plan will identify all trees slated for preservation, as well as provide specialized notes for preservation and include recommendations by the Arborist. Demolition plan would include removal of all debris, turfgrass, and damaged or failing vegetation within the project limits. Existing hardscape will be evaluated for protection and/or demolition. 4.10. Construction/Layout Plan Should the City choose to incorporate monumentation and/or alterations to the layout of the medians, WS will prepare construction plans and construction details. 4.12. Landscape Irrigation Plan Prepare 50% irrigation design plans including all the elements for irrigation modifications. 4.13. Landscape Planting Plan Material selection (including preliminary list of plants will follow previously developed design guidelines and criteria for the project. Indicate site lines and setbacks for new shrub height restrictions. 4.15. Coordination and Facilitation of Design and Review Meetings Initial schedule of meetings and approval of milestones will be coordinated throughout the project timeline. 4.16. Initial Construction Document Submittal Package and Costs Along with the above stated plans to be submitted at 50%, the team will provide standard design details, a list of materials and suppliers, a specification outline, and a rough estimate of costs. Task V. 90% & 100% Construction Documents and Technical Specifications 5A1 . Advance all plans as listed above from the 50% Construction Documents. It is anticipated that the CD package for each submittal will be approximately 100 sheets at 24" x 36". In addition, the team will produce a complete design drawing package with all relevant design elements adequately detailed to allow for bidding and construction of the project. Comments from the review of the 50% construction plans by the City and vested agencies will be responded to and incorporated into the 90% plans. Technical specifications will be prepared for inclusion into the overall specification package. 5 A2 WS will develop and finalize all areas applicable to the project, monumentation, signage, hardscape, irrigation, and planting. All details ,including custom design will be fully developed for comment and review. 5 A3. Specifications Prepare all technical specifications in City's desired format at each submittal milestone. 5 A4. Cost Estimate Prepare the cost estimate for 90% submittal for City review and approval. 5 A5. Plan Approvals and Coordination Attend coordination meetings with City Council and City Engineer. Allow for opportunities for plan alterations as necessary throughout the coordination process. 5 B1 100% Submittal 5 B2 Finalize Technicl Specifications 5 B3 Finalaize cost estimate 5 B4 Submit Fianl Bid Set for City Council Approval. Task VI. Maintenance Guide Prepare Maintenance Guide with recommendations and guidelines for the ongoing maintenance of the low water landscaping and tree preservation within the City of Baldwin Park. 6.1. Prepare and submit an outline of the Maintenance Guide for review. 6.2 Coordination meeting with City maintenance lead staff 6.3 Prepare draft maintenance guide 6.4 Submit draft 75% maintenance guide for review 6.5 Coordination meeting with City maintenance lead staff 6.6. Submit Maintenance Guide for 100% review. 6.6. Submit for Final Council review and approval. Task VII. Bid Support 7.1 Bid Support Withers & Sandgren will assist the City in preparing and bidding the construction contract. Assistance will include preparing bidding instructions that incorporate a listing of all known work elements with the quantities and materials required to complete the project, i.e. a bid sheet. The consultant will provide addenda to construction documents, responding to bidder's questions, and attending a pre-bid meeting. Task VIII. Construction Administration Services / Field Observations and As-Builts 8.1. Construction Observation WS will visit the site at specific times based on coordination with the City. Observation will be utilized to monitor construction progress, contractor compliance with final construction package, and make report to the City. WS will assist in ensuring that Contractor's activities and recommendations are not approved without first understanding potential cost impacts to budget and project timeline for completion. Activities will include review and approval of submittals, shop drawings, monitoring of plant material delivered and installed, attendance during placement of landscape elements, answering RFI's and providing clarifications to, and inspections of architectural, engineering, irrigation, and various project elements. Consultant will provide a punch list for final Completion, digital as-builts, and Certificate of Final Completion. 8.2. Construction Administration Services WS, if requested, will perform Construction Administration Set -vices on behalf of the City. Services may include regular site visit observation reports, attendance at weekly construction coordination meetings, preparation and distribution of meeting minutes, status updates on project RFI's, coordination of change orders and updates on change order status, review of substitution requests, contract document interpretation, and clarification and supplementary instructions. 8.3. Construction Close -Out Services The consultant will perform inspections of Contractor's work and ensure compliance with the intent of the drawings. 8.4 Prepare and issue as -built drawings Task VIIIIIIII. Rebates I Grants. 9.1 Prepare & Submit conservation rebate application (So Cal Water Smart) (SF & Equipment Quantities must be calculated & specified); Phased As Needed 9.2 Prepare & Submit other identified grant applications (as needed). 9.3 Provide support to rebate application (as needed). EXHIBIT B SCHEDULE OF COMPENSATION O O 0'0 0 0 0 'o O O 0 '..0 O O O O O O 0 0 O 0 0 0 0 0 0 0 a 0 r"a CJ 0 'C O 0 0 0 0 0 0 0 O O 0 0 0 0 0 0 0, 0 00 9 a 0 O O 0 0 0 O O 0 0 d' O CD b 0 0 C 0 LO 0 0 � 0 f) O 0 0 CD 0 O 0 0 0 O M 0 0 O� 0 0 to 00 0 et 0 d' C N N V; CC) i CDM r "" t` O7 � N t` r I CD -;tM M r O �O m d' N CO N -, a7 NC) '. co Cq r ',,, r Ap "' '-` Ln N Y N, p F- Ef} 46d 6% 6-i Ei' 'ffl K? 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O y''..¢ c U y co rrr yL O L 0......0 N r� 2c ®E� aoi oc o� o �c :,�I�Uc Coca ® W N N y c` • y ® C' C Cid L-0 E O W L0 O O •.0 ca N � 06 o rn °� �. y L N y tp� Q v c O 45w dU ' O r O � o rt��: a)cn O 2 N p 'E y v a U m t6 o co n. � a c y CdCL r- a ca O qs y o m _ N a _ a o 0 o o °r CLo u_ a� 3 °? d a o "I J CL a LF TLY OC It in co a n 4 o La v oil , r a N a' M o d O+ tt3 aS m uo aw tb h I� rn as fJ ai rn c OC /" 111)(), STAFF :REPORT TO: Ilonorable Mayor and Members of the City Council � HC or FROM: Daniel Wall rir , , P.E., Director of Public Work4 SAN) o r r r a DATE: August 5, 201 vrFr ,` SUBJECT: APPROVE AGREEMENT FOR THE DESIGN OF THE SAN tkCD JAI40 GABRIEL RIVER BIKEWAY SUMMARY This item will approve a consultant services agreement with Psomas, Inc. for the design of approximately three miles of class I fully bikeway along the San Gabriel River from Ramona Boulevard to Walnut Creek connecting with Walnut Creek Nature Park and continuing onto Baldwin Park Boulevard, along Los Angeles County Flood Control easements. FISCAL IMPACT This project will have no impact on the General Fund. MTA Call for Project funds, and restricted Prop C funds will be used for project design. The fee for the scope of work in the agreement is $355,740 RECOMMENDATION It is recommended that the City Council approve the consultant services agreement with Psomas , Inc. for the design of the San Gabriel River Commuter Bikeway and authorize the Mayor to execute the same. LEGAL REVIEW The standard Consultant Services Agreement was prepared by the City Attorney and so further review is not necessary. BACKGROUND The Department of Public Works applied for and was awarded a competitive grant for the design and construction of the San Gabriel River Bikeway through the MTA's Call for Projects. The total amount awarded by the MTA for design and construction is $483,728 with a required minimum match from the City of $336,150. On December 4, 2014 the City received four (4) proposals for the engineering design of bikeway project. Staff reviewed the proposal and found Psomas to be to have the best proposal. Psomas's fee and scope of work was then negotiated in order to reduce overall project cost without compromising the intent and function of the proj ect. The San Gabriel River Bikeway Project will run along the San Gabriel River and Walnut Creek flood control channels. The project includes design and construction of a 2.5 -mile Class I shared -use bike/pedestrian path along the east side of the San Gabriel River from Ramona Boulevard to the Walnut Creek Wash and along the north side of Walnut Creek Wash to Baldwin Park Boulevard where it will become an on -street bike lane for 0.5 miles. The project includes wayfinding and directional signage to destinations and employment centers. This project provides connection that is key to the expansion of the regional bikeway network. ATTACHMENTS 1. Project Location map 2. Engineering Services Agreement CL c 0 ro,nud m "� , d i r� j j w 2 4 4 m f d imd'°J� W a vi atiti. Id A � wr � � j� ¢jEw V %� rm�� rr,'v f g 4rx T rl Wr�'% r,i /J,ui` �r //�//r rd�drj� FA r , V ¢ aw / ! Pd �� ��.�%/�, a N �. -406 �17i J%' ,� r i/ r / 3 j�Yloll0ll pr @ G / r /i r Y Rrxrard �a���r' m rdroiq wr�yw�m� ky E JI to I Ca 'N . q'' t �� I t, . U pp /1 adr a► IIA v �b w ao /Y41 Psomas Consultant Services Agreement Page 1 of 7 CONSULTANT SERVICES AGREEMENT THIS AGREEMENT is made and entered into this 5 day of August, 2015 by and between the City of Baldwin Park, ("City"), and Psomas ("Consultant"). In consideration of the following mutual covenants, provisions and agreements, and other valuable consideration, the receipt and sufficiency of which is hereby acknowledged, City and Consultant agree as follows: 1. SCOPE OF SERVICES. Consultant agrees to perform during the term of this Agreement, the tasks, obligations, and services set forth in the "Scope of Services" attached to and incorporated into this Agreement as Exhibit "A." Duration of Scope of Services may be extended on a month-to-month basis, but shall not exceed the total compensation. 2. COMPENSATION. City shall pay for the services performed by Consultant pursuant to the terms of this Agreement at the time and manner set forth in the "Schedule of Compensation" attached to and incorporated into this Agreement as Exhibit "B." 3. TIME FOR PERFORMANCE. Consultant shall perform the services above described in a timely manner in accordance with the professional standard practices (As provided in the attached schedule). 4. AUDIT OR EXAMINATION, Consultant shall keep all records of funds received from City and make them accessible for audit or examination for a period of three years after final payments are issued and other pending matters. 5. STATUS OF CONSULTANT. Consultant shall provide all necessary personnel, equipment and material, at its sole expense, in order to perform the services required of it pursuant to this Agreement. For the purpose of this Agreement, Consultant shall be deemed, for all purposes, an independent contractor and shall have control of all work and the manner in which it is performed. Consultant shall be free to contract for similar services to be performed for other entities while under contract with City. Consultant is not an agent or employee of City, and is not entitled to participate in any pension plan, insurance, bonus or similar benefits City provides for its employees. Consultant shall be responsible to pay and hold City harmless from any and all payroll and other taxes and interest thereon and penalties, therefore, which may become due as a result of services performed hereunder. 6. ASSIGNMENT. This Agreement is for the specific services with Consultant as set forth herein. Any attempt by Consultant to assign the benefits or burdens of this Agreement without written approval of City is prohibited and shall be null and void; except that Consultant may assign payments due under this Agreement to a financial institution. 7. RIGHT TO UTILIZE OTHERS. City reserves the right to utilize others to perform work similar to the Services provided herein. 8. COMPLIANCE WITH LAW. Contract services shall be provided in accordance with the applicable laws and regulations of all governmental agencies that are in force at the time services are performed. Consultant shall be responsible for becoming aware of and staying abreast of all such laws and ensuring that all services provided hereunder conform to Psomas Consultant Services Agreement Page 2 of 7 such laws. The terms of this Agreement shall be interpreted according to the laws of the State of California. 9. LIABILITY. Consultant shall indemnify, and hold harmless City, its officials, officers, and employees against any and all actions, claims, damages, liabilities, losses or expenses of whatsoever kind, name or nature, including legal costs and reasonable attorneys' fees, whether or not suit is actually filed, and any judgment rendered against City and/or its officials, officers, or employees that may be asserted or claimed by any person, firm, or entity arising out of Consultants' negligent performance, or the negligent performance of its agents, employees, subcontractors, or invitees, as well as, negligent acts or omissions of Consultant, it's agents, employees, subcontractors or invitees, however, this indemnity clause shall not apply if there is concurrent passive or active negligence on the part of City, or its officials, officers, agents or employees. 10. INSURANCE. Consultant shall maintain insurance coverage in accordance with the following during the course of its performance hereunder: (A) Commercial General Liability Insurance (including premises and operations, contractual liability, personal injury and independent Consultants' liability) with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence; or (3) Combined single limits -- $2,000,000. (B) Commercial Automobile Liability Insurance including as applicable own, hired and non -owned automobiles with the following minimum limits of liability: (1) Personal or Bodily Injury -- $1,000,000, single limit, per occurrence; and (2) Property Damage -- $1,000,000, single limit, per occurrence', or (3) Combined single limits -- $2,000,000. (C) Professional Liability Insurance with annual aggregates of $1,000,000 or such other amount as may be approved in writing by the City. (D) Worker's Compensation Insurance that complies with the minimum statutory requirements of the State of California. (E) Prior to commencement of services hereunder, Consultant shall provide City with a certificate of Insurance reflecting the above, and an endorsement for each policy of insurance which shall provide: (1) The City, and its officials, officers, agents and employees are named as additional insured (with the exception of Professional Liability and Worker's Compensation); (2) The coverage provided shall be primary (with the exception of Professional Liability and Worker's Compensation) as respects to City, its officials, officers, agents or employees; moreover, any insurance or self-insurance maintained by City or its officials, officers, Psomas Consultant Services Agreement Page 3 of 7 agents or employees shall be in excess of Consultants' insurance and not contributed with it. (3) The insurer shall provide at least thirty (30) days prior written notice to City of cancellation in coverage before such cancellation becomes effective, ten (10) days in the event of cancellation due to non- payment of premium. (F) With respect to Workers' Compensation Insurance, the insurer shall agree to waive all rights of subrogation against City and City personnel for losses arising from work performed by Consultant for City, and the insurer's agreement in this regard shall be reflected in the Workers' Compensation Insurance endorsement. 11. OWNERSFIIP OF DOCUMENTS. All of the documents required to be prepared pursuant hereto shall, upon the completion thereof, be deemed for all purposes to be the property of City. City's ownership of documents includes any and all analysis, computations, plans, correspondence and/or other pertinent data, information, documents, and computer media, including disks and other materials gathered or prepared by Consultant in performance of this Agreement. Such work product shall be transmitted to City within ten (10) days after a written request therefore, Consultant may retain copies of such products. Any re -use by City shall be at the sole risk of City and without liability to Consultant. 12. RECORDS AND INSPECTIONS. Consultant shall maintain full and accurate records with respect to all services and matters covered under this Agreement. City shall have free access at all reasonable times to such records, and the right to examine and audit the same and to make transcripts therefrom, and to inspect all program data, documents, proceedings and activities. Consultant shall maintain an up-to-date list of key personnel and telephone numbers for emergency contact after normal business hours. YER IDENTIFICATION NUMBER. Consultant shall provide City with a 13. TAXPA ... complete Request for Taxpayer Identification Number and Certification, Form W-9, as issued by the Internal Revenue Service. 14. CONFLICT OF INTEREST. Consultant agrees that any conflict or potential conflict of interest shall be fully disclosed prior to execution of contract and Consultant shall comply with all applicable federal, state and county laws and regulations governing conflict of interest. 15. POLITICALACTIVITY/LOBBYING CERTII=IC. [CATION. Consultant may not conduct any activity, including any payment to any person, officer, or employee of any governmental agency or body or member of Congress in connection with the awarding of any federal contract, grant, loan, intended to influence legislation, administrative rulemaking or the election of candidates for public office during time compensated under the representation that such activity is being performed as a part of this Agreement. 16. RIGHT TO TERMINATE. City may terminate this Agreement at any time, with or without cause, in its sole discretion, with thirty (30) days written notice. Psomas Consultant Services Agreement Page 4 of 7 17. EFFECT OF TERMINATION. Upon termination as stated in Paragraph "16" of this Agreement, City shall be liable to Consultant only for work performed by Consultant up to and including the date of termination of this Agreement, unless the termination is for cause, in which event Consultant need be compensated only to the extent required by law. Consultant shall be entitled to payment for work satisfactorily completed to date, based on proration of the compensation set forth in Exhibit "B" attached hereto. Such payment will be subject to City's receipt of a close-out billing. 18. LITIGATION FEES. Should litigation arise out of this Agreement for the performance thereof, the court shall award costs and expenses, including reasonable attorney's fees, to the prevailing party. In awarding attorney's fees, the court shall not be bound by any court fee schedule but shall award the full amount of costs, expenses and attorney's fees paid and/or incurred in good faith. "Prevailing Party" shall mean the party that obtains a favorable and final judgment. Should litigation occur, venue shall be in the Superior Court of Los Angeles County. This paragraph shall not apply and litigation fees shall not be awarded based on an order or otherwise final judgment that results from the parties' mutual settlement, arbitration, or mediation of the dispute. 19. COVENANTS AND CONDITIONS Each term and each provision of this Agreement to be performed by Consultant shall be construed to be both a covenant and a condition. . 20. INTEGRATED AGREE � MENT. This Agreement represents the entire Agreement between the City and Consultant. No verbal agreement or implied covenant shall be held to vary the provisions of this agreement. This Agreement shall bind and inure to the benefit of the parties to this Agreement, and any subsequent successors and assigns. 21. MODIFICATION OF AGREEMENT. This Agreement may not be modified, nor may any of the terms, provisions or conditions be modified or waived or otherwise affected, except by a written amendment signed by all parties. 22. DESIGNATE -D REPRESENTATIVES. The Consultant Representative (A) designated below shall be responsible for job performance, negotiations, contractual matters, and coordination with the City. The City Representative (B) designated below shall act on the City's behalf as Project Manager. (A) CONSULTANT Psomas Att.: Anissa Voyiatzes, Vice President 555 South Flower Street, Suite 4300 Los Angeles, CA 90071 (213 ) 223-1400 (B) City of Baldwin Park Att.: Daniel Wall, P.E. 14403 East Pacific Avenue Baldwin Park, CA 91706 (626) 960-4011 X. 451 Psomas Consultant Services Agreement 5 of 7 23 ,NOTICES, Notices pursuant to this Agreement shall be in writing and may be given by personal delivery or by mail. Notices shall be directed to City's Designated Representative identified in Paragraph "21" of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement on the day first above written. CITY OF BALDWIN PARK 0 Shannon Yauchzee, Chief Executive Officer Dated: P" i -....�.................................. Voatzes � y' ice President Dated: EXHIBIT A SCOPE OF SERVICES WA:110,11 r_I SCOPE OF WORK Psomas will adhere to the Scope of Work as defined in the Request for Proposal with the following assumptions and edits on the specific Scope of Work items, based on a recent, agreed-upon correspondence: Topographic and Boundary Survey Research and Record Monument Recovery The following activities will be performed: • Obtain copies of record data from the Los Angeles County Flood Control District (LACFCD), the County of Los Angeles Surveys, and Caltrans District 7. • Recover key Los Angeles County bench marks: one bench mark located near West Ramona Blvd., one near the intersection of San Gabriel River and Walnut Creek, and one near Baldwin Park Blvd. • Recover record cadastral monuments needed to establish record boundary for the LACFCD right-of-way limits for the length of the project. • Set 13 aerial targets at locations shown on the aerial flight plan. Where possible, the targets will be centered over record survey monuments. Where this is not possible, the surveyors will set a semi-permanent monument. All target monument locations will be described on survey notes. • Set a pair of secondary survey control monuments to facilitate topographic surveys at eight (8) locations where the engineering team will need surveys of join conditions. For each site, our surveyors will secure a minimum of two (2) control points that are inter -visible and within reasonable distance from the subject location. They will then set semi-permanent monuments and record locations on field notes for recovery during construction. Survey Control Psomas will establish survey control using a combination of both GPS to local CORS and/or conventional survey methods. Horizontal survey control will be based on the North American Datum of 1983 (NAD 83), with coordinates based on the California State Plane Coordinate System (CCS83, Zone V, 2011.00 epoch) as published by the National Geodetic Survey. Vertical control will be based on the North American Vertical Datum of 1988 (NAVD88) based on County of Los Angeles bench marks and published elevations. We will also conduct one (1) survey campaign to tie all recovered and set monuments within one survey network, with ties to vertical control bench marks. The survey control network will be adjusted and published values will be listed with full descriptions of each monument. 1IPage Aerial Mapping Aerial mapping will be compiled using black and white imagery at 1"= 40' scale, with one -foot contour intervals. Full surface model and mapping files will be provided using AutoCAD format. Aerial mapping will cover the width of the existing path located on the easterly side of the top of the channel slope and will be extended to westerly and southerly to the toe of slope, and easterly, approximately 50 feet for San Gabriel River, and to northerly fence line for Walnut Creek Wash. Field Surveys Detailed topographic field surveys will be conducted at the following locations: Ramona Boulevard: Join grades for existing sidewalk and hard improvements needed for design of new improvements 1-10 Crossing: Grades and details for 1-10 bridge structure and hard improvement not visible on aerial mapping Cloverleaf Drive Intersection: Grades and details for the street improvements, curbs, roadway, north end of the bridge and fencing 1-605 Crossing: Grades and details for 1-605 bridge structure and hard improvements not visible on aerial mapping Intersection of SCE Transmission Line: Grades for hard improvements and location of the SCE tower structure Walnut Creek Nature Park: Details for drainage structure near the easterly end of the park Amar Road Entrance: Details for the entrance and drainage structure that runs parallel and southerly of the fence line Baldwin Park Boulevard Intersection: Join grades for existing hard improvements needed for new improvements Merging Survey Data with Mapping Field survey data will be processed and design surfaces will be merged with the aerial mapping file to create one uniform DTM surface. Right -of -Way Survey/Engineering The proposed bike trail will require easements along the existing LACFCD and SCE right of way. The table below shows record Appraisal Parcel Numbers and record owners impacted by the proposed design. Preliminary Title Reports are needed for all nine Appraisal Parcels identified in the table. 21 Page Legal Descriptions and Exhibits Psomas will prepare legal descriptions and exhibits to define the limits of the proposed bike path easements based on the design. Our team understands the SCE easement needs to be completed using a specific format and requires approval based on SCE review. Our proposal includes preparing two (2) contiguous easements and exhibits for LACFCD and two (2) easements and exhibits for SCE. Based on our record search it is expected that Caltrans has secured permits for 1-10 and 1-605 crossings over LACFCD right of way limits. Deliverables: • The AutoCAD file will include surveyed points and lines and the production of a digital terrain model (DTM), one -foot contour interval • CSV file of all field survey points, with full descriptions • Field edit sheets • Digital pictures of important features for details • Legal descriptions and exhibits • The office surveyors will calculate record boundaries for the LACFCD channel boundaries needed for this project based on available record mapping and a review of the Preliminary Title Reports. The office surveyor will complete a base map that can be used by the design team and as a basis for the legal description exhibits. 3 1 P a g e LACFCD SCE 1 8550-001-800 SCE Easement 2 wwww............... ..... �._..... .. _........ 8550-001-902 -- .._..........�� LACFCD Easement 8550-001-907 8564-012-901 5 ......... 8564-012-801 SCE Easement 6 � � 8569-012-920 . ..... ..............................�.�...�..................................8569-012-908 LACFCD Easement 8 8564-014-905 9 ................................................................_.. 8564.,_0.1.5._9.00. _ .......... Legal Descriptions and Exhibits Psomas will prepare legal descriptions and exhibits to define the limits of the proposed bike path easements based on the design. Our team understands the SCE easement needs to be completed using a specific format and requires approval based on SCE review. Our proposal includes preparing two (2) contiguous easements and exhibits for LACFCD and two (2) easements and exhibits for SCE. Based on our record search it is expected that Caltrans has secured permits for 1-10 and 1-605 crossings over LACFCD right of way limits. Deliverables: • The AutoCAD file will include surveyed points and lines and the production of a digital terrain model (DTM), one -foot contour interval • CSV file of all field survey points, with full descriptions • Field edit sheets • Digital pictures of important features for details • Legal descriptions and exhibits • The office surveyors will calculate record boundaries for the LACFCD channel boundaries needed for this project based on available record mapping and a review of the Preliminary Title Reports. The office surveyor will complete a base map that can be used by the design team and as a basis for the legal description exhibits. 3 1 P a g e Real Estate Services As Psomas' real estate and right-of-way subconsultant, Epic Land Solutions, Inc. (Epic) will obtain Preliminary Title Reports (PTRs) to ensure ownership and encumbrances will not be restrictive to the project's goals. Once the PTRs are obtained, Epic's Appraisal Department will provide full service appraisals and reviews for the aforementioned nine (9) parcels. Once appraisals are completed, Epic will assemble the Offer Package to acquire the above easements. Each package will contain right of way maps per parcel, recording instrument, state/federal pamphlets and other related documentation. The offer to acquire these easements will be conducted by their expert agents in the most expeditious manner according to State and Federal law (30 days per parcel). After each negotiated settlement, Epic will prepare a final documented file for closing. If a 'good faith' negotiated settlement fails to be achieved, the file will be turned over to the City for condemnation processing. ASSUMPTIONS: • Offer Package materials will be submitted to Epic in 'template' format. • Design as a result of property impact analysis will not be required • Cost estimation analysis will not be required • No fee acquisitions will be performed • Resolution of Necessity (RON) or condemnation support are assumed not required and excluded • No relocation effort is required • The proposed nine (9) easements could be acquired between 8-12 months from kick-off Deliverables: Nine (9) easements Technical Studies Geotechnical Investigation and Report The following geotechnical investigative activities will be performed: • Site reconnaissance and marking of boring locations • Performing a total of 10 to 12 shallow borings, 5 to 10 feet deep, using a hollow stem truck- mounted drilling rig • Collecting bulk samples • Performing characteristic laboratory soils testing 41 Page • Preparation of a final report which will include the summary of findings and recommendations for design and construction of the proposed bike path Deliverable: • Geotechnical Report Hydraulic/Hydrology Study Psomas will perform a Hydrology Study based on the Los Angeles County Department of Public Works (LACDPW) latest edition (2006) of the Hydrology Manual. Hydraulic analysis will be focused mainly on channelized water runoff along the north side of Walnut Creek Wash, cross -drainage inlet points (new and existing), as well as structural BMPs that are going to be proposed as part of the Standard Urban Stormwater Mitigation Plan (SUSMP) for water quality management purposes. Deliverables: • Draft Hydraulics/Hydrology Study • Final Hydraulics/Hydrology Study Natural Environment Study — Minimal Impacts (NES -MI) Psomas will prepare a Natural Environment Study -Minimal Impacts (NES -MI) based on our knowledge of the project area and our understanding of the biological resources which occur there. Due to our experience conducting annual surveys and assessing wildlife potential in the adjacent Flood Control Channels, we conclude that there is little to no potential for the project to impact any State or Federal Threatened or Endangered (T/E) species. T/E species such as least Bell's vireo and coastal California gnatcatcher do occur in the region, but they do not occur in the vicinity of the project area. In addition, any potential impacts to other special status species are expected to be minimal, if at all. Similarly, other regulated biological resources, such as jurisdictional resources, are not expected to occur within the project right-of-way. As a result, we believe strongly that an NESMI is the appropriate document for the project. A literature review will be conducted to determine which species have been identified as special status by state, federal, and local resources agencies and organizations and have a potential to occur within the project site or immediate vicinity. Sources to be reviewed include: (1) special status species lists from the California Department of Fish and Wildlife (CDFW), U.S. Fish and Wildlife Service (USFWS), and California Native Plant Society (CNPS); two (2) database searches of the California Natural Diversity Database (CNDDB) and the Electronic Inventory of the CNPS; (3) the most recent Federal Register listing package and critical habitat determination for each federally listed Endangered or Threatened species potentially occurring within the project site; (4) the CDFW Annual Report on the status of California's listed Threatened and Endangered plants and wildlife; and (5) other biological studies conducted in the vicinity of the project site. 51 Page A field survey will be conducted to map the vegetation types within the Biological Study Area (BSA) for the approximately 2.3 -mile project site. In addition, a general walkover survey will be conducted to document the species composition of the vegetation types in the BSA. Plant and wildlife species observed during the survey will be recorded in field notes. Any special status plant or wildlife species observed will be reported to the CNDDB. A Natural Environment Study -Minimal Impacts (NESMI) consistent with current Caltrans Standard Environmental Reference (SER) guidance will be developed based on the results of biological surveys, analysis, and data compilation described above. The report will describe: (1) the methodology used to conduct the biological surveys; (2) a detailed description of the existing vegetation types (including a vegetation map) and associated wildlife resources in the BSA; (3) potential impacts from project development; and (4) recommended mitigation measures to reduce identified impacts. The report will be submitted in hard copy format (3 copies) and electronically in PDF format. This task covers the initial preparation of the Draft NESMI and two revisions of the report. Deliverables: Draft NES -MI Final NES -MI Biological Assessment (BA) Document — Optional (Currently not included) Based on our extensive experience in the project area, as described above, it is unlikely that a Biological Assessment (BA) document will be necessary for this project. If the project impacts a listed species, a BA will be prepared for additional fee in support of a request for formal consultation pursuant to Section 7 or 10 of the Federal Endangered Species Act; a federal nexus is required in order to utilize the Section 7 process. A literature review and field survey will be conducted as described in Task 2 and Optional Task 3 above. The BA will be a stand-alone document that will address the following topics: (1) biological setting; (2) survey methodology; (3) effect of federal action; (4) general, cumulative, and growth - inducing effects; and (5) measures proposed to minimize, mitigate, and monitor impacts. The BA will be used to determine the potential direct impacts on one or more federally listed species, as necessary, resulting from the construction and operation of the proposed project. The BA will estimate the potential incidental take of listed species attributable to several types of effects; direct (i.e., destruction of habitat from construction), indirect (i.e., noise, runoff), interrelated (i.e., cumulative habitat fragmentation), and independent (i.e., natural disasters such as intense storm events). The primary goal of the BA is to provide the framework for a feasible conservation, mitigation, and management program that will compensate for the impacts on the subject species and its/their associated habitat(s). The report will be submitted in hard copy format (3 copies) and electronically in PDF format. This task covers the initial preparation of the Draft BA and assumes up to three (3) rounds of Caltrans review cycles. 61 Page Assumptions: • Biological Assessment is considered optional and is currently excluded from the Scope of Work • A full NES is not deemed necessary and is, therefore, excluded. A NES -MI will be prepared. • Cultural and Paleontological Resources are excluded • Air Quality Technical Memorandum is considered excluded • Evaluation of resources relative to the requirements of Section 4(f) is excluded and is deemed not necessary Phase I Environmental Assessment Geo-Advantec will conduct a Phase I Environmental Assessment (ESA) in accordance with Standard Practice for Environmental Site Assessments; Phase I Environmental Site Assessment Process published by the ASTM International (ASTM E1527-13) and Standards and Practices for All Appropriate Inquiries; Final Rule published by the United States Environmental Protection Agency (EPA), Federal Register, Volume 70, No. 210, November 1, 2005. The proposed Phase I ESAs will include the following: • Review of relevant background information such as the site location relative to major man-made and natural landmarks, surrounding land use, and regional geology/hydrogeology • Review of oil and gas fields in the vicinity of the site • A compilation of site history and previous land use based on reviewing historic aerial photographs dating back to the 1940's, available historic topographic maps, available historic fire insurance maps, and available City directories • Review of chain -of -title records to identify possible recorded environmental cleanup liens • An assessment of the potential for the site to have been impacted by contaminants originating from off-site sources based on a review of federal, state, tribal, and local government agency records • Review of available local municipal records including building permits and zoning/land use records • An inspection of the site to identify recognized environmental conditions (RECs) that may include indications of the improper handling, storage, or use of potentially hazardous materials. This task also includes interviews with accessible property owners, tenants, and/or local agency personnel about hazardous materials handling and disposal procedures. • An evaluation of the possible presence of hazardous materials in structures at the site and/or in the subsurface environment beneath the site, with recommendations, if appropriate, for additional investigations or remediation • Review of the chain -of -tile records to identify possible recorded environmental cleanup liens is not included herein. 71 Page Deliverables: • Draft ISA • Final ISA 15% Submittal/Conceptual Design A single conceptual horizontal alignment/layout will be prepared at a scale of 1"=20' for the trail along with proposed typical sections. It is assumed that no conceptual landscaping or wayfinding concepts will be provided. The conceptual design plans will be submitted to the City for review. A design review meeting will be conducted to discuss the City's comments with the goal of incorporating agreed-upon changes or revisions into the next phase of design. Deliverables: • Conceptual (15%) Design Layout and typical sections • Design review meeting minutes Environmental Documentation In pursuing environmental documentation clearances for the San Gabriel River Bike Project, our team assumes that the City of Baldwin Park will be the lead agency pursuant to CEQA and Caltrans would serve as the federal lead agency for the NEPA environmental compliance documents. Based on current information and assumptions, the City has identified in the RFP that Categorical Exemption/Categorical Exclusion (CE\CE) is the likely appropriate documentation for the project. Under CEQA guidelines the project may qualify under Class 1 (c) Exemptions, 15301 Existing Facilities, "operation, repair, maintenance, permitting, (... ), minor alterations (... ) of existing highway and streets, sidewalks, gutters, bicycle and pedestrian trails, and similar facilities." If the City requests that an MND be prepared instead of the CE, or through the course of the technical analysis it is determined that there will be a potential for impacts to T/E species, a scope amendment would be required. Should any potentially significant impacts occur, it would also require the rescoping of the NEPA document. The Federal Highway Administration guidelines, 23 CRF 771.117(c)(3), identify projects that may be processed using a CE. This section states "...construction of bicycle lanes and pedestrian lanes, parks and facilities" would normally not require any further NEPA approvals, provided the project does not result in significant impacts. The bikeway project would fall under the definition of the NEPA CE. Based on Psomas' extensive experience in the San Gabriel River the project from a biological standpoint would not result in impacts to federally and state listed species and, thus, CE would be an adequate level of environmental documentation under NEPA. 81 Page Draft and Final CE/CE (accompanied by Categorical Exclusion Checklist) Psomas will prepare the Draft CE/CE and Categorical Exclusion checklist in accordance with Caltrans Standard Environmental Reference Guide and pursuant to CEQA/NEPA. Psomas will also complete External Quality Control Certification sheets for Caltrans. The CE/CE forms will be supported by the NESMI or NES completed for the above tasks. The checklist and the CE/CE forms will be submitted concurrently to the City and Caltrans to review. No major comments are expected because CE/CE are forms and not an impact study; thus, no responses to the comments matrix is expected to be necessary to adequately complete this task. After preliminary review of the Draft CE/CE and checklists, Psomas will resubmit the document for a final signature. Psomas will prepare, process, and submit the final CE/CE forms and Categorical Exclusion checklist to Caltrans. If Caltrans requests, CE/CE will also be accompanied by the project description and a brief explanation as to why the project does not result in significant impacts. Deliverables: • Draft CE/CE • Final CE/CE • Checklists 755, and 'l 00% ARS&E Subrn tt llls The conceptual layouts will be developed into 75% and 100% plans, specifications and opinion of probable construction cost (estimate) in accordance with the City of Baldwin Park, Caltrans, and Standard Specifications for Public Works Construction (Greenbook) standard plans and specifications. It is assumed that the City will provide front end "boiler plate" specifications, and that the specifications will be prepared in MS Word. At each milestone (75% and 100%) four (4) sets of construction documents will be submitted to the City and County for review. It is assumed that the securing of permits from the County or Caltrans is excluded from this scope of work. The following construction plans sheet count is anticipated: Deliverables: • 75% PS&E • 100% PS&E • Final Mylars 91 Page The following construction plans are anticipated „c�� i �,�,�����, ;/N , ?/,1// /; i//, Pc►r� � o. �/f, ,� T. -IM, -PI Plan and Profile (1 mile) 20 plansLayout Layout (about Grading d other details To. at 50' interval for the unpavedCross-sections approx.or 20:2 for design reference only. Signing/Striping, Lighting Plans & Details 40 (double Crossing Treatment Plans 101 Page EXHIBIT B SCHEDULE OF COMPENSATION e' ITEM NO. l STAFF REPORT RT TO: Honorable Mayor and Members of the City Council �� H,w oaw , V �kO HE � FROM: Manuel Carrillo Jr., Director of Recreation & Community Ser is .: SA rAWEL DATE: August 5, 2015 �SUBJECT: APPROVAL OF AN AGREEMENT WITH CM AMUSEMENTS AND 1`"''` PRODUCTIONS INC. FOR CARNIVAL SERVICES SUMMARY This ort requests City Council approval of an agreement with CM Amusements and Productions Inc. to provide carnival services for the Downtown Street Market, August 13 through August 16, 2015. FISCAL IMPACT There is no fiscal impact to the general fund. It is anticipated that the City will generate approximately $2,000 from ticket sales towards the City's Downtown Street Market expenditures. The City will net approximately $1,000 after the City pays $1,000 for the use of the parking lot. RECOMMENDATION Staff recommends the City Council approve the attached agreement and authorize the Mayor to execute the necessary documents. LEGAL REVIEW The City Attorney has reviewed the agreement and approved it as to form. BACKGROUND Staff proposed to host a carnival as a revenue opportunity to offset associated costs with the Downtown Street Market. 17heproposed carnival would tales place at the Mlaitie Avenue Marketplace (across the street lror7r the U.S. Post Office), Thursday August 131"-16"'. Staff has received permission frons the KjKafins Investments, LP, property owner with the following conditions; 1) Provide certificate of insurance naming JGKalins Investments, LP as additionally insured; and 2) A nominal fee of $1,000 for the use of the lot to cover trash pick-up, any damage, and inability to host another carnival on-site within the next 3-6 months. Under the proposed Agreement, CM Amusements and Productions Inc. has exclusive rights of the food court during the event. In addition, the City will continue to receive 25% of total gross receipts up to $40,000 and 30% thereafter derived from the operation of the carnival rides. CM Amusements and Productions Inc. will also provide an insurance policy naming the City as additionally insured in the amount of $5 million dollars. ALTERNATIVES The alternative would be, not sign the agreement and there would be no additional revenue towards the costs associated with the Downtown Street Market. ATTACHMENT Agreement AGREEMENT THIS AGREEMENT is made and entered into this 5th day of August, 2015 by and between the City of Baldwin Park, a general law city (hereafter "CITY") and CM Amusement and Productions Inc., a California corporation (hereafter "LICENSEE"). The parties hereto do agree as follows: 1. This Agreement is made and entered into with respect to the following facts: (a) CITY is desirous of conducting a mini festival on Thursday, August 13, 2015 through Sunday, August 16, 2015 inclusive (the "Festival") and (b) As entertainment for the Festival, CITY is desirous of featuring a carnival, to consist of mechanical rides, ticket booths, food purveyors, games and other entertainment common to community fairs (the Carnival"); and (c) CITY has determined LICENSEE is qualified person to provide such services; and (d) LICENSEE has agreed to provide such services pursuant to the terms and conditions set forth in this Agreement; and (e) The City Council of CITY has determined the public interest, convenience and necessity require the execution of this Agreement. 2. TIMING FOR CARNIVAL. The Carnival shall be conducted commencing on Thursday, August 13, 2015 at 5:00 p.m. through 10:00 p.m., continuing Friday August 14, 2015 from 5:00 p.m. through 11:00 p.rn., Saturday, August 15, 2015 from 2:00 p.m. through 11:00 p.m. and concluding on Sunday, August 16, 2015 from 2:00 p.m. through 10:00 p.m. 3. SITE. (a) CITY shall be responsible for providing the site for the conduct of the Carnival, which shall be on that certain real property described as follows: Maine Avenue Marketplace and(4231-4243 Maine Avenue, Baldwin mark„ CA 91706), plus the City property at the northeast corner of Main Avenue and Sterling Way the latter of which is to be used only for parking of LICENSEE'S and LICENSEE'S officer, employees", contractor's and agents" vehicles while conducting business for the Carnival, as identified more specifically in the attached Exhibit A. LICENSEE is also responsible for restroom facilities, including portapotties on the site, and rubbish dumpster and removal as necessary for the operations of the Carnival and Festival. (b) LICENSEE shall be responsible for securing and insuring any additional property as necessary for staging and parking needed for the operation of the Carnival. 4. LICENSEE shall be responsible for obtaining all permits and licenses required for the conduct of the Carnival in a timely fashion. Copies of such permits and licenses shall' be delivered to CITY within 24 hours after their approval and no less than 48 hours before the Carnival is supposed to start as indicated in Section 2 above. 5. LICENSEE shall also provide at its sole expense: (a) all costs of transportation, lodging and other necessary facilities, food and compensation for all crews necessary to facilitate the conduct of the Carnival. Such crews shall include sufficient management staff during the Carnival -hours to be reasonably available to CITY; and (b) all Carnival equipment and accessories thereto, including an independent electrical power supply from LICENSEE'S generators; and (c) power to all community booths as per Sections 6 and 7 during all hours of booth operation and sufficient to allow for such booths to connect to the power with normal appliances or extension cords; and (d) a minimum of three major rides and five kiddie rides; and (e) advertising for the Carnival and Festival, including, but not limited to, sending out 100 personalized event posters describing the event and special promotion activities through area businesses; and (f) provide all ticket sellers necessary for the Carnival; and (g) CITY will waive all permit and licenses fees normally charged for such events, except for the $125 fee for the Temporary Use Permit. It is intended LICENSEE shall provide a full-service Carnival as a part of the Festival, which shall consist of the entertainment as described above. 6. FOOD AND BEVERAGE SALES. LICENSEE will provided and operate their own food/candy wagons, providing all food and beverage. LICENSEE shall not sell or serve alcoholic beverages. LICENSEE will obtain all County of Los Angeles Health Permits and all other permits as required by the County, State and/or Federal Government. 7. GAMES. LICENSEE shall provide games along the midway, which shall be subject to such regulations as determined by, and in accordance with, the recommendations of CITY'S Police Chief or his designee. LICENSEE shall also provide two game booth set-ups for community groups within the Carnival site area at the current market rate paid for by LICENSEE. 8. SECURITY. Security for the Festival shall be provided by LICENSEE as determined by, and in accordance with, the recommendations of CITY'S Police Chief. 9. PREPARATION AND CLEANUP. LICENSEE shall have a cleanup crew that will clean the midway each night, and at the close of the event. LICENSEE shall also remove any of LICENSEE's equipment from the site of the Carnival and Festival, at the close of the event. LICENSEE shall be responsible for any and all damage to grounds, pavement or facilities caused by LICENSEE, his employees, officers, agents or sub -Licensees. 10. SUB -LICENSEES. LICENSEE shall have the right to a sub -License to one or more a qualified persons, or entities, approved in advance by CITY, for the purpose of providing the Carnival. 11. LIABILITY INSURANCE. LICENSEE shall provide directly, and/or through its Sub -Licensees, liability insurance covering all of the activities to be conducted at the Festival, save and except those activities provided by CITY other than security. LICENSEE shall provide the Proof of Insurance, as defined below, as approved by the Chief Executive Officer of CITY and in amounts and in coverage of at least $5,000,000 general liability combined single -limit per occurrences for bodily injury, personal injury and property damage and $1,000,000 Employers Liability per accident. All such policies shall contain endorsements, which name CITY and its officers, employees and agents as additional insured on such policies. LICENSEE shall file with CITY the following which shall be defined as the Proof of Insurance: (i) an Endorsement and a Certificate of Insurance evidencing the existence of all required insurance coverage prior to August 7, 2015 and (ii) Such endorsements and certificates shall provide that neither substantial alteration of the coverage or cancellation of the coverage shall be valid except upon 96 -hours' prior written notice to CITY by the carrier or carriers, the insurance provided shall be primary and any other insurance CITY may have will be non-contributing. 12. INDEMNIFICATION. To the fullest extent permitted by the law, LICENSEE agrees to indemnify, defend and hold harmless CITY, and its officers, agents and employees, from all liability: 20. COMPLIANCE WITH APPLICABLE LAW. Licensee represents, warrants, and ensures that Licensee and its employees, agents, and independent contractors shall comply with all federal, state and local laws and regulations. 21. INDEPENDENT CONTRACTOR. LICENSEE shall act and be an independent contractor and not an agent or employee of the CITY. Nothing herein shall be interpreted to create a partnership or joint venture between LICENSEE and the CITY. 22. AUTHORITY TO ENTER INTO AGREEMENT. The signatory on behalf of the LICENSEE represents and warrants that he or she has the authority to enter and be bound by the terms of this Agreement. 23. EXTENT OF AGREEMENT. This document represents the entire integrated agreement between CITY and LICENSEE regarding the subject matter of the 2015 Carnival and Festival and supersedes all prior negotiations, representations or agreements, either written or oral. This agreement may be amended only by written instrument signed by both CITY and LICENSEE. IN WITNESS WHEREOF the parties have caused this Agreement to be executed as follows: DATED: CITY By: . Manuel Lozano, Mayor ATTEST City Clerk APPROVED AS TO FORM: City Attorney DATED: August 5, 2015 LICENSEE r By: i apt rcia Its President ITEM NO.STAFF REPORT 2 ,,,,,,.,,,� f �,GP�, ✓ a.. yr l n II rA .m TO: Honorable Mayor and City Council members 0 FROM: Daniel Wall, P.E., Director of Public Works / City Engineer s r o R1EL'' I DATE: August 5, 2015 �,ZO SUBJECT: RESOLUTION 2015-084 JAN'J NO URGING THE STATE TO PROVIDE NEW SUSTAINABLE FUNDING FOR STATE AND LOCAL TRANSPORTATION INFRASTRUCTURE SUMMARY This item through a resolution of the City Council urges the State Legislature to increase funding for transportation during its special session. FISCAL IMPACT Support of this legislation will not have a direct fiscal impact on the City and may provide up to an additional $3.5 million in state funding for the maintenance of Baldwin Park's streets. RECOMMENDATION It is recommended that the City Council: 1. Waive further reading, read by title only, and adopt Resolution No. 2015-084 entitled, "A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, URGING THE STATE TO PROVIDE NEW SUSTAINABLE FUNDING FOR STATE AND LOCAL TRANSPORTATION INFRASTRUCTURE."; and 2. Authorize the Mayor to sign the attached letters to State Senator Hernandez and State Assemblyman Hernandez in support of increased funding for Transportation in the Special Session. BACKGROUND In response to the Governor's Proclamation calling an Extraordinary Session on Transportation and Infrastructure, the League of California Cities (League) Board of Directors formally adopted a resolution urging Governor Jerry Brown and the Legislature to provide new sustainable funding for state and local transportation infrastructure. The League has been actively working with legislative leadership and other stakeholders to build a funding package that includes a significant investment in transportation infrastructure. While several funding proposals have been introduced, including League -supported SB 16 (Beall), it is likely that a final package will be the result of negotiations between the Governor and Legislators from both sides of the aisle. To that end, the League has joined the Fix Our loads Coalition. The Coalition includes organizations representing local governments, business, labor and transportation advocates. The Coalition has come together in support of the following seven priorities and funding sources which we believe should be the basis for legislation: 1. Make a significant investment in transportation infrastructure. 2. Focus on maintaining and rehabilitating the current system. 3. Invest a portion of diesel tax and/or cap & trade revenue to high-priority goods movement projects. 4. Raise revenues across a broad range of options. RESOLUTION NO. 2015-84 Page 2 5. Equal split between state and local projects. 6. Strong accountability requirements to protect the taxpayers' investment 7. Provide Consistent Annual Funding Levels. LEGAL REVIEW This Report and Resolution have been reviewed by the City Attorney. ATTACHMENTS A. Resolution 2015-084 B. Letters to State Legislators C. Fix Our Roads Fact Sheet. Attachment RESOLUTION NO. 2015-084 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, CALIFORNIA, URGING THE STATE TO PROVIDE NEW SUSTAINABLE FUNDING FOR STATE AND LOCAL TRANSPORTATION INFRASTRUCTURE. WHEREAS, Governor Edmund G. Brown, Jr. has called an extraordinary session to address the immense underfunding of California's transportation infrastructure; and WHEREAS cities and counties own and operate more than 81 percent of streets and roads in California, and from the moment we open our front door to drive to work, bike to school, or walk to the bus station, people are dependent upon a safe, reliable local transportation network; and WHEREAS, the City of Baldwin Park has participated in efforts with the California State Association of Counties, League of California Cities, and California's Regional Transportation Planning Agencies to study unmet funding needs for local roads and bridges, including sidewalks and other essential components; and WHEREAS, the resulting 2014 California Statewide Local Streets and Roads Needs Assessment, which provides critical analysis and information on the local transportation network's condition and funding needs, indicates that the condition of the local transportation network is deteriorating as predicted in the initial 2008 study; and WHEREAS, the results show that California's local streets and roads are on a path of significant decline. On a scale of zero (failed) to 100 (excellent), the statewide average pavement condition index (PCI) is 66, placing it in the "at risk" category where pavements will begin to deteriorate much more rapidly and require rehabilitation or rebuilding rather than more cost- effective preventative maintenance if funding is not increased; and WHEREAS, if funding remains at the current levels, in 10 years, 25 percent of local streets and roads in California will be in "failed" condition; and WHEREAS, cities and counties need an additional $1.7 billion just to maintain a status quo pavement condition of 66, and much more revenue to operate the system with Best Management Practices, which would reduce the total amount of funding needed for maintenance in the future; and WHEREAS, models show that an additional $3 billion annual investment in the local streets and roads system is expected to improve pavement conditions statewide from an average "at risk" condition to an average "good" condition; and Resolution 2015-084 Page 2 WHEREAS, if additional funding isn't secured now, it will cost taxpayers twice as much to fix the local system in the future, as failure to act this year will increase unmet funding needs for local transportation facilities by $11 billion in five years and $21 billion in ten years; and WHEREAS, modernizing the local street and road system provides well -paying construction jobs and boosts local economies; and WHEREAS, the local street and road system is also critical for farm to market needs, interconnectivity, multimodal needs, and commerce; and WHEREAS, police, fire, and emergency medical services all need safe reliable roads to react quickly to emergency calls and a few minutes of delay can be a matter of life and death; and WHEREAS, maintaining and preserving the local street and road system in good condition will reduce drive times and traffic congestion, improve bicycle safety, and make the pedestrian experience safer and more appealing, which leads to reduce vehicle emissions helping the State achieve its air quality and greenhouse gas emissions reductions goals; and WHEREAS, restoring roads before they fail also reduces construction time which results in less air pollution from heavy equipment and less water pollution from site run-off, and WHEREAS, in addition to the local system, the state highway system needs an additional $5.7 billion annually to address the state's deferred maintenance; and WHEREAS, in order to bring the local system back into a cost-effective condition, at least $7.3 billion annually in new money going directly to cities and counties; and NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BALDWIN PARK DOES RESOLVES TO STRONGLY URGE THE GOVERNOR AND LEGISLATURE TO IDENTITY A SUFFICIENT AND STABLE FUNDING SOURCE FOR LOCAL STREET AND ROAD AND STATE HIGHWAY MAINTENANCE AND REHABILITATION TO ENSURE THE SAFE AND EFFICIENT MOBILITY OF THE TRAVELING PUBLIC AND THE ECONOMIC VITALITY OF CALIFORNIA, AND TO ADOPT THE FOLLOWING PRIORITIES FOR FUNDING CALIFORNIA'S STREETS AND ROADS: SECTION 1. Make a significant investment in transportation infrastructure. Any package should seek to raise at least $6 billion annually and should remain in place Resolution 2015-084 Page 3 for at least 10 years or until an alternative method of funding our transportation system is agreed upon. SECTION 2. Focus on maintaining and rehabilitating the current system. Repairing California's streets and highways involves much more than fixing potholes. It requires major road pavement overlays, fixing unsafe bridges, providing safe access for bicyclists and pedestrians, replacing storm water culverts, as well as operational improvements that necessitate the construction of auxiliary lanes to relieve traffic congestion choke points and fixing design deficiencies that have created unsafe merging and other traffic hazards. Efforts to supply funding for transit in addition to funding for roads should also focus on fixing the system first. SECTION 3. Equal split between state and local projects. We support sharing revenue for roadway maintenance equally (50/50) between the state and cities and counties, given the equally -pressing funding needs of both systems, as well as the longstanding historical precedent for collecting transportation user fees through a centralized system and sharing the revenues across the entire network through direct subventions. Ensuring that funding to local governments is provided directly, without intermediaries, will accelerate project delivery and ensure maximum accountability. SECTION 4. Raise revenues across a broad range of options. Research by the California Alliance for Jobs and Transportation California shows that voters strongly support increased funding for transportation improvements. They are much more open to a package that spreads potential tax or fee increases across a broad range of options, including fuel taxes, license fees, and registration fees, rather than just one source. Additionally, any package should move California toward an all -users pay structure, in which everyone who benefits from the system contributes to maintaining it — from traditional gasoline -fueled vehicles, to new hybrids or electric vehicles, to commercial vehicles. SECTION 5. Invest a portion of diesel tax and/or cap & trade revenue to high-priority goods movement projects. While the focus of a transportation funding package should be on maintaining and rehabilitating the existing system, California has a critical need to upgrade the goods movement infrastructure that is essential to our economic well-being. Establishing a framework to make appropriate investments in major goods movement arteries can lay the groundwork for greater investments in the future that will also improve air quality and reduce greenhouse gas emissions. SECTION 6. Strong accountability requirements to protect the taxpayers' investment. Voters and taxpayers must be assured that all transportation revenues are Resolution 2015-084 Page 4 spent responsibly. Local governments are accustomed to employing transparent processes for selecting road maintenance projects aided by pavement management systems, as well as reporting on the expenditure of transportation funds through the State Controller's Local Streets and Roads Annual Report. SECTION 7. Provide Consistent Annual Funding Levels. Under current statute, the annual gas tax adjustment by the Board of Equalization is creating extreme fluctuations in funding levels — a $900 million drop in this budget year alone. A transportation funding package should contain legislation that will create more consistent revenue projections and allow Caltrans and transportation agencies the certainty they need for longer term planning. SECTION 8. This Resolution shall go into effect immediately upon adoption. SECTION 9. The City Clerk shall transmit this Resolution to the Governor, State Assembly, State Senate, and other interested parties as stated by the City Council. PASSED, APPROVED, AND ADOPTED this 5th day of August 2015. MANUEL LOZANO MAYOR ATTEST: STATE OF CALIFORNIA ) COUNTY OF LOS ANGELES ) SS:. CITY OF BALDWIN PARK ) I, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park do hereby certify that the foregoing Resolution No. 2015-084 was duly adopted by the City Council of the City of Baldwin Park at the regular meeting thereof held on August 5, 2015 and that the same was adopted by the following vote to wit: AYES: NOES: ABSENT: ABSTAIN: ALEJANDRA AVILA CITY CLERK Problem: California lacks adequate funding to fix crumbling roads, highways, bridges and transportation infrastructure. California's network of roads and highways are critical to our quality of life and economy. Yet the condition of our deteriorating network of roads is staggering: • Our crumbling roads cost motorists nearly $boo a year per driver for vehicle maintenance. • California has the second highest share of roads in "poor condition" in the nation. • 58% of state roads need rehabilitation or pavement maintenance. • California has 6 of io cities with the worst road conditions in the nation. • 55% of local bridges require rehabilitation or replacement. • Nearly 70% of California's urban roads and highways are congested. • Without additional funding, 1/4 of local streets and roads will be in failed condition by 2024. Our state lacks adequate funding to address these critical deficiencies: • Local streets and roads face an estimated shortfall of $78 billion in deferred maintenance and an annual shortfall of $7.8 billion. • CalTrans faces a $59 billion backlog in deferred maintenance and an annual shortfall in the State Highway Operation and Protection Program (SHOPP) of $5.7 billion. Solution: A responsible, accountable solution to fix our roads. A broad coalition of cities, counties, labor, business, public safety and transportation advocates has formed to meet the Governor's call to address California's chronic transportation infrastructure funding shortfall. During the 2015 special session on transportation, we support the following priorities: i. Make a significant investment in transportation infrastructure. If we are to make a meaningful dent that demonstrates tangible benefits to taxpayers and drivers, any package should seek to raise at least 6 billlori and should remain in place for at least 10 years or until an alternative method of funding our transportation system is agreed upon. 2. Focus on maintaining and rehabilitating the current system. Repairing California's streets and highways involves much more than fixing potholes. It requires major road pavement overlays, fixing unsafe bridges, providing safe access for bicyclists and pedestrians, replacing storm water culverts, as well as operational improvements that necessitate, among other things, the construction of auxiliary lanes to relieve traffic congestion choke points and fixing design deficiencies that have created unsafe merging and other traffic hazards. Efforts to supply funding for transit in addition to funding for roads should also focus on fixing the system first. 3. Invest a portion of diesel tax and/or cap & trade revenue to high-priority goods movement projects. While the focus of a transportation funding package should be on maintaining and rehabilitating the existing system, California has a critical need to upgrade the goods movement infrastructure that is essential to our economic well-being. Establishing a framework to make appropriate investments in major goods movement arteries can lay the groundwork for greater investments in the future that will also improve air quality and reduce greenhouse gas emissions. 4. Raise revenues across a broad range of options. Research by the California Alliance for Jobs and Transportation California shows that voters strongly support increased funding for transportation improvements. They are much more open to a package that spreads potential tax or fee increases across a broad range of options rather than just one source. Additionally, any package should move California toward an all - users pay structure in which everyone who benefits from the system contributes to maintaining it - from traditional gasoline -fueled vehicles, to hybrids, alternative fuel and or electric vehicles, to commercial vehicles. Our coalition supports: • Reasonable increases in: o Gasoline and diesel excise taxes. o Vehicle registration and vehicle license fees. • Dedicating a portion of the cap and trade revenue paid by motorists at the pump to transportation projects that reduce greenhouse emissions. • Ensuring existing transportation revenues are invested in transportation -related purposes (i.e. truck weight fees and fuel taxes for off-road vehicles that are currently being diverted into the general fund). • User charge for electric and other non-fossil fuel powered vehicles that currently do not contribute to road upkeep. 5. Equal split between state and local projects. We support sharing revenue for roadway maintenance equally (50/50) between the state and cities and counties. Funding to local governments should be provided directly (no intermediaries) to accelerate projects and ensure maximum accountability. 6. Strong accountability requirements to protect the taxpayers' investment. Voters and taxpayers must be assured that all transportation revenues are spent responsibly. Authorizing legislation should: • Constitutionally protect transportation revenues for transportation infrastructure only. Time and again (Prop 42, 2002; Prop iA, 2006; Prop 22, 2010), voters have overwhelmingly supported dedicating and constitutionally protecting transportation dollars for those purposes. We strongly support protections that prohibit using transportation dollars for other purposes. • Repay existing transportation loans and end ongoing diversions of transportation revenues, including approximately $850 million in loans to the general fund and the annual loss of approximately $140 million in off-highway vehicle fuel taxes. Strong accountability requirements to protect the taxpayers' investment (Continued). • Establish performance and accountability criteria to ensure efficient and effective use of all funding. All tax dollars should be spent properly, and recipients of new revenues should be held accountable to the taxpayers, whether at the state or local level. Counties and cities should adopt project lists at public hearings and report annually to the State Controller's Office regarding all transportation revenues and expenditures. Local governments should also commit to ensuring any new revenues supplement revenues currently invested in transportation projects. Both Caltrans and local governments can demonstrate and publicize the benefits associated with new transportation investments. • Caltrans reform and oversight. To increase Caltrans effectiveness, provide stronger oversight by the state transportation commission of the programs funded by new revenues and establish an Inspector General office to provide accountability. Reduce Caltrans administrative budgets through efficiency reviews with all savings to be spent on road improvements. Expedite project delivery. More should be done to streamline project delivery, including but not limited to: o Establishing timelines for actions required by state agencies and eliminating other permit delays. o Increased implementation of alternative delivery systems that encourage more investment from the private sector. o Reforms to speed project completion. 7. Provide Consistent Annual Funding Levels. Under current statute, the annual gas tax adjustment by the Board of Equalization is creating extreme fluctuations in funding levels -- a $goo million drop in this budget year alone. A transportation funding package should contain legislation that will create more consistent revenue projections and allow Caltrans and transportation agencies the certainty they need for longer term planning. While this change would not provide any new revenue to transportation, it would provide greater certainty for planning and project delivery purposes. Proposed New Local Streets&Roads Funding ,allocation: half of total among cities on a population basis, half of total among counties proportionate to registered vehicles and maintained miles. Estimated 21uly 2015 $3 Billion / yr = $i'.5B cities, $1.5B counties eti/; r to i,. ..... .......,,,,.,, ,..... im ym .... ..... „, , ........ ,... ., .N.k�s ,. /l t i 5, 5� , �.�,�� , , ,,, �, .1-1. ,,,,, �,_.�W _..,. „..... ,,,.,, ..... 1,11 „ 7 Q l iJlffC l ..,, ,...,...._ . m .,.,,.,., ... ..,.. _. Y. __ ._._.v... _.. ,,, ...., 353,373 I f 7,11 INIAr HAI 1 FO N 1 LAU-111 ............................... � ,bb,d Wl ii',CaliforniCityFiyLancexom�� i ..,,,„., „,,,,,,, ,. ,.,,a, .. ........ ..., .4,,,.„ . ,,,,. 2 July 2015 Page 4 of 12 Proposed New Local Streets&Roads Funding Allocation: half of total among cities on a population basis, half of total among counties proportionate to registered vehicles and maintained miles. Estimated 27uiv2015 .$3.,Billion„,�,„,y�,,,, ,,.$.1..,5BMc„ities,,$1.5B counties,,,,,,,,,,,,,,,,,,,,,,,,u.,,.,.,,,,.,,,,.,...,...,..,,,..,,.,,,,,,,,,,, IMA /V00 ,,,, ., 374,1 7.., OMM0 3,009,,594 s, M15,40,834 PAL UA—Cr w k ro POMONA 488,780 ■, • HILLS ES�TATE�S 37 AMERM . . . ...... 2,67,437 SAN FERNANO k'fU6 ,592 ��. & aqq.. l... r q524,544 AIDENA I j 190,048 M'ST H LL"^r'W ''b ................................ , .,,,, , ... «„ .....-- - -- ........... ,. ,.......................................................... .......... ...... �li k71I l I l ` CaliforAiaCity Finance- com 2 J412015 Page 5 of 12 STAFF REPORT ITEM NO. * TO: Honorable Mayor and City Councilmembers HUB OF ,. THE FROM: Marc Castagnola, AICP, Community Development Direetop Amy L. Harbin, AICP City 11hinn `"L°, DATE: August 5, 2015 SUBJECT: Housing Element Progress Report 2014 SUMMARY City Council approval of the City's Housing Element Progress Report for 2014, as required by the State of California Housing and Community Development Department (HCD). FISCAL IMPACT There is no fiscal impact resulting from this item. RECOMMENDATION It is recommended that the City Council receive and file the report. LEGAL REVIEW This report has been reviewed and approved by the City Attorney's Office as to legal form and content. BACKGROUND The Housing Element is one of the seven mandatory elements required for the City's General Plan, and it specifies ways in which housing needs of existing and future resident populations can be met. State law requires that each city and county update their Housing Element on a pre -determined cycle. The 2013-2021 Housing Element is comprised of five sections: (1) Needs Assessment; (2) Housing Constraints; (3) Housing Resources; (4) Review of previous Accomplishments from the 2008-2013 Housing Element; and (5) Housing Plan. The City's Regional Housing Needs Allocations are summarized in the table on the next page by income level. Keep in mind that the City is not required to construct these units, but rather plan for them through the Zoning Code development standards and the Housing Programs adopted as part of the 2013-2021 Housing Element. TABLE #1 CITY'S REGIONAL HOUSING NEEDS ALLOCATION INCOME GROUP % OF COUNTY MFI* NUMBER OF UNITS PERCENTAGE OF TOTAL UNITS Above -Moderate Income 120%+ 242 43.1 % . Moderate Income 81-120% ...... 90 ..aaw... �. .... 16.2% Low Income 51-80% 83 ...�.�� ......... 15.3% Very Low I�.� ncome .... _. �_... 0-50% �........_. 142 25.3% m ................................ .....__...... TOTAL ........ m.m._.. 557 ...m.. 100% *Median V`iusr i)y Irewcorne This Progress Report (Attachment #1), which is comprised of several tables, summarizes activity that took place during the 2014 calendar year. Activity includes new building activity (summarized in Table #2 below), units that were rehabilitated and/or preserved, and building permit activity for affordable dwelling units. Housing Element Progress Report 2014 August 5, 2015 Page 2 TABLE #2 BUILDING ACTIVITY 2014—NEW CONSTRUCTION Pursuant to California Government Code Section 65400, local governments shall prepare and provide an annual report on the progress of the City's Housing Element for the previous calendar year to the City Council, Office of Planning and Research (OPR), the Department of Housing and Community Development (HCD). ATTACHMENTS #1, Annual Housing Element Progress Report for the 2014 Calendar Year ' ► (')F NUMBER OF NEW PERMITS TOTAL UNITS INCOME GROUP COIJ NTY ISSUED BY REMAINING BY CV FI ' AFFORDABILITYINCOME - —.._...�........... LEVEL Above -Moderate Income 120%+ ,.�...� 19 w.w�.. 223 Moderate Income 81-120% _______________________ ___ 0 ___............... .................. ............ 90 Low Income 51-80% 16 _ .�_._. ............................. ....... 67 Ver Low Income 0-50% 47 95 TOTAL82 475 Table #3, below summarizes the informational tables contained in the Progress Report. TABLE #3 SUMMARY OF HOUSING ELEMENT PROGRESS REPORT BY TABLE .��... _e_ ._ TABLE .. RY _ � _SUMMA .... ...........�...��_�. � � __ Shows the number of new construction building permits issued for units based on A ......... _ .. .......w .........__ affordability. ................................. Identifies the number of units rehabilitated, preserved or acquired based on A2 affordability. m . ................................... .. ..... ........ ........ A3 Building permits issued for moderate and above moderate income units. B _ Cumulative listing of progress toward construction of the units the City is required to plan for in Table #1 above. Cj Yearly (2013) status of each program contained in the 2013-2021 Housing Element Pursuant to California Government Code Section 65400, local governments shall prepare and provide an annual report on the progress of the City's Housing Element for the previous calendar year to the City Council, Office of Planning and Research (OPR), the Department of Housing and Community Development (HCD). 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'0 N L_ N C OU i) N O 'Q C Y O w 3 C N .� Q) 01 'O N •°C ro c:Lro 4= O L N C) a) N L a) O a _� C ro 0- (a ° aci o ro> c L .0 c> ° c n o o E ro m ° ._ 'y aoi m w m ti > m c a>) = 'e E w c 2 aroi -0 o `m C1 U E '� ro a .L w 'O n. C7 O a) 'N L 7 U i > 01 N O_ N 3 .x a) 0 (a -0 C) a) (a W „' a ° 01 O 7« ro U O` U O 7 ° O L 0) a) ro C C C) O d.) U µC U N 7 O_ O ro O 0" 0 O .>L, w ° O C O N7 C O O .> U x 0) a) 0 'L N ° E d 7 O ° g °• C E Q N O C (a 0 O C L Vi d s C C - c a) ro b O— 0 j �O .ro C1 e1 _ N 7 "w0 E O= U C E N 0 (� C C N E = O U a) O (a b= C N N C = L C N C) U N 'UO .moo '> C lJ C U O C = N U U CO (a �" C C •0 0 VU,• a) 0 C C OC O) a) 'y C > E N d O O 0 U C C C O ro V 01 a U N E 0 C U O Li U U 70 0 'W O li w LL ro ro N U C E U C a) ro > C MnN a) = m .N 0 N 0 0 7 (a N 0 a) L L LL. -0 .> U Q O N w ca C m o � E a b O E U O 0 Q O.. O E N 0 U 0 ro N E °' w (a E ® N 0 E ro o7 ro 0) E O` (a ® 0. CL 0) O d ............................. 0 0 -b 2) f Al a) 3 U ur o b o a) 2-.O E a) w s U d) N OL Ba) p O a) C bB a) E b m a a) (p m 'n C to a) y aJ L+ a7 w CL C) Utt-- `7 E w L.. a) a C a) a3 N O O y a) a) N C N a) O d C bt O w O w' N a) N bO O a3 d a) b a) > eCO m CL ro ' a o a) Ea E 7b•b NbNO0->Np . bU UOmCNa Co N n. "C7 b .� Q C LL. N O H w 0 a w w U) w 0 Z w w J Q D Z Z Q N O N CD CO) N N U U x SUMMARY This item will authorize the publishing of Notice Inviting Bids for City Project No. 2015-0091 — Residential Street Rehabilitation. This is the first of three paving projects planned for Fiscal Year 2015/2016 FISCAL IMPACT There are no fiscal impacts at this time. Upon review of bids, staff will recommend a construction contract award. At that time, staff will also provide a construction cost estimate with a breakdown by improvements to be constructed. The following table lists the funds currently available for all paving projects in FY2015/2016: The engineer's preliminary construction estimate, Attachment 3, shows an estimated cost of $1,344,850, which is within the construction budget shown above. RECOMMENDATION It is recommended that the City Council: Approve the plans and specifications for the Residential Street Rehabilitation Project (City Project No. 2015-0091) and authorize staff to advertise. ` Item No. STAFF REPORT TO: Honorable Mayor and City Council members Nous or n�1" FROM: Daniel Wall, P.E., Director of Public Works / City Eng -1e T' �`, sAWG saL° DATE: August 5, 2015 r`VALLk"M''... SUBJECT: ACCEPT PLANS AND SPECIFICATIONS, AND "ED Jn 'kJ) ' ter - AUTHORIZE PUBLISHING A NOTICE INVITING BIDS FOR CITY PROJECT NO. 2015-0091 — RESIDENTIAL STREET REHABILITATION PROJECT SUMMARY This item will authorize the publishing of Notice Inviting Bids for City Project No. 2015-0091 — Residential Street Rehabilitation. This is the first of three paving projects planned for Fiscal Year 2015/2016 FISCAL IMPACT There are no fiscal impacts at this time. Upon review of bids, staff will recommend a construction contract award. At that time, staff will also provide a construction cost estimate with a breakdown by improvements to be constructed. The following table lists the funds currently available for all paving projects in FY2015/2016: The engineer's preliminary construction estimate, Attachment 3, shows an estimated cost of $1,344,850, which is within the construction budget shown above. RECOMMENDATION It is recommended that the City Council: Approve the plans and specifications for the Residential Street Rehabilitation Project (City Project No. 2015-0091) and authorize staff to advertise. BACKGROUND On February 18, 2015, the City Council approved an appropriation for street paving improvements comprised of Gas Tax and Measure R funds. This project represents the first of three planed phases for this appropriation. The project consists of paving 30 street segments primarily within residential areas. Proposed improvements include cold mill and AC overlay, removing and replacing concrete sidewalk, curb and gutter, upgrading and constructing new access ramps, adjusting maintenance sewer and storm drain covers, installing striping and pavement messages and all appurtenant work per the plans and specifications. LEGAL REVIEW None Required. ATTACHMENTS 1. Notice Inviting Bids 2. Location Map Attachment 1 Public Works Department ED t v5 m GAJ ABR�,IEL � , O 0 A LE " !",� "" tPDJAN-' NOTICE INVITING BIDS INSTRUCTIONS TO BIDDERS AND BID DOCUMENTS CONTRACT DOCUMENTS AND SPECIFICATIONS FOR BID NO. 2015-0091 CITY PROJECT NO. 2015-0091 RESIDENTIAL STREET REHABILITATION VARIOUS LOCATIONS CITYWIDE BID OPENING: SEPTEMBER 3RD, 2015 Daniel Wall, P.E. RCE No.56356 Date 7/09/203.5 Public Works Director/City Engineer NOTICE INVITING SEALED BIDS City Project No. 2015-0091 - Residential Street Rehabilitation, Various Locations Citywide PUBLIC NOTICE IS HEREBY GIVEN that the City of Baldwin Park invites sealed bids for the above -stated project, and will receive such bids in the offices of the City Clerk, 14403 Pacific Avenue, Baldwin Park, California 91706, until 2:00 P.M., Wednesday, September P, 2015 at which time the proposals will be publicly opened and read. Bidders and/or authorized agents are invited to be present. All information submitted with the bid is public information and may be subject to disclosure. Project Description — The general nature of work consists of furnishing all labor, material, equipment, services, and incidentals required for roadway pavement rehabilitation and concrete improvements. The roadway pavement rehabilitation work includes removal and replacement of asphalt concrete (AC) pavement, cold milling existing AC and constructing new AC pavement overlay. Concrete improvements include removal and replacement of damaged curb & gutter, sidewalks, drive -approaches and curb ramps. Related work includes construction surveying, adjusting manholes and utility covers, traffic control, repainting traffic stripes and pavement markings, placing pavement markers and installation of traffic loop detectors and all appurtenant work. The bid items, corresponding estimated quantities, and the time allowed to complete the work are listed in the Proposal. The descriptions of bid items are defined in the Technical Provisions. Pre -Bid Meeting—None Required. Bid Proposals — Bids shall be sealed and plainly marked "Bid No. 2015-0091 - Residential Street Rehabilitation, Various Locations Citywide." Bids must be prepared using the Contractor's Bid Proposal forms and all the other forms identified in the Instructions to Bidders. The forms required to complete a bid package are found in Section "C" of these Contract Documents. No bids will be accepted if not submitted using the approved forms. The Information to Bidders provides prospective bidders a summary of requirements for acceptance of bids, guidelines the City uses in awarding contracts, rules to ensure fairness in contractor procurement and guidelines to aid in interpretation of documents. The Construction Contract / Agreement define the Contract Documents which serve to control construction, work performed, and materials furnished, and includes the Specifications and Plans. Plans, Specifications, Documents — Specifications and proposal forms may be obtained at the Engineering Division office located at 3.4403 East Pacific Avenue, Baldwin Park, CA 93.7o6, (626) 960-403.1 on and after August 10th, 2015 Monday thru Thursday between the hours of 7:3o A.M. and 6:oo P.M. A $35.00 per set, non-refundable fee is required for these specifications and proposal forms. An additional $10.00 is added to the fee, if mailed. Bid Security— Each bid must be accompanied by cash, certified check, cashier's check, or bidder's bond made payable to the City of Baldwin Park or issued by a surety admitted to do business in California, for an amount equal to at least ten percent (3.o%) of the amount bid. Such guaranty to be forfeited to the City of Baldwin Park should the bidder to whom the contract is awarded fail to enter into the contract. The City of Baldwin Park reserves the right to reject any and all bids and to waive any minor irregularities in the bid documents. Bidders may not withdraw their bid for a period of sixty (6o) days after the opening date. City Business License, Contractors License and Permit — Prior to contract execution, the contractor and his/her subcontractors shall obtain a City of Baldwin Park business license. In accordance with provisions of Section 3300 of the California Public Contract Code, the City has determined that the Contractor shall possess a valid Class A California Contractor's License or other appropriate license classification under the State Contracting Code at the time the contract is bid. Failure to possess such license may render the bid nonresponsive. The successful bidder will be required to obtain a City encroachment permit to work in public right-of-way, issued at no fee for the project. Prevailing Wages— In accordance with the provisions of Sections 177o et seq., of the Labor Code, the Director of the Industrial Relations of the State of California has determined the general prevailing rate of wages applicable to the work to be done. The Contractor will be required to pay to all persons employed on the project by the Contractor sums not less than the sums set forth in the documents entitled "General Prevailing Wage Determination made by the Director of Industrial Relations pursuant to California Labor Code, Part 7, Chapter i, Article 2, Sections 1770,1773,1773.1." These documents can be reviewed in the office of the City Clerk or may be obtained from the State. Contractor's Registration — In accordance with Labor Code Section 1771.1, a contractor or subcontractor shall not be qualified to (a) bid on or be listed in a bid proposal on or after March 1, 2015, or (b) engage in the performance of this Work after April 1, 2015, unless currently registered with the Department of Industrial Relations and qualified to perform the Work pursuant to labor Code Section 1725.5• Compliance Monitoring and Enforcement — Contractor's performance of the Work described in this Notice Inviting Bids is subject to compliance monitoring and enforcement by the California Department of Industrial Relations. Equivalent Securities— Pursuant to California Public Contract Code Section 22300, substitution of eligible and equivalent securities for any moneys withheld to ensure performance underthe contract for the work to be performed will be permitted at the request and expense of the successful bidder, unless otherwise prohibited by law. Advertising Dates: SAN GABRIEL VALLEY EXAMINER: Monday, August loth, 2015 Monday, August 17th, 2015 Attachment 2 /Z sAw : +rAL1.rw CITY OF BALDWfN PARK DEPARTMENT OF PUBLIC WORKS 0 91CWW1 AVFNUE,RAMIQNA W Vi), Sl ANY, 57Rr, I 9 CENNWAI 5TfffT firfWN0 AKPO ffl 0?QlAXQ AW,141r, Ift POEMW WNW rrnr Sum I I Q.J�ARW CIRM 11, am -11luT, CIA SA& tW/0 FMCARti CIA � At' (L /0 fl rN MEm0A s -Q1 IM -T 2,3 12-, DIVA14W SEWE I LA RFJpA AWMPE FNIA OF SwIrl d3 CEXITR SIREFT U(j Dhl,700A AWYNIJI PUTNT, A"TWir, Rholl.1f) smul r �4. 00WA40 AVENOP OADUO SINUET rXARX 5TWFF 7 7 vffql&N WHU 011MG 5TREJ1.1 KuurA sTW.L� My W�TREV "Litirp, Tiffwcr L7 A rplu%t APUILLA AVENUE 110FJ lAWN(K 'q A.Arv'L' MO ANO AVEWL, IhkwPY0.11m Alltookk I t L 20 X1.4481RIbIlE lwrmZfNAALINE AVLNUE BLEECKER Sfflff. 21�A S* Nb AwNFJL [A5NLIRILI mfoi& smrn 27 A SMA AWNUE MORA "BEET [NO Q 5TTITF7 Ol�F' OR AvtINOF olkw, SITIFE, CHRX�� FT �1, LAXIT 4 '�"llll MAIM TR "UT (XjlA j:fl A,,, IHIFtl 1-01 M4E REY Avil"WE, wcm TYLVO f7A!Cw sfTIL A ZLYllp %V Mir, RARK �Mff T Ir 100tu 5 1 HIT T A s'HOCA, SMEX't L"05 AvLml( UWNE AI&NUL 2 a. EMWMp AVEAVE. RAI - D'Mk PNRK RAMCWA L1I'A7 24 SAkIYU LANE VALLOW AvENuS ARIALLA AVYWR Mi LOW &WyAul' RUSO SIHE0 1100alLOUR57 k0W -ARIHM n. e /* 2 % '4' RESIDENTIAL STREET REHABILITATION PROJECT VARIOUS LOCATIONS CITYWIDE CITY PROJECT 2015-0091 STRE.1 TINDEX NO. STREE I NA10E FROM ro I ALDERSON AVE NUE" 2 ANNISION AVENUE DOMING LA SENA ME LOS ANGELES SnREET NIJBIA SrREEI 3 ARMILLA AVENUE SWA14EE LANE HOWELLIMRS1 DRIVE� "TI) @3 6 aNHAN AVENUE NublA srREE1 00) 01" 5111F.11 — M; 9ALION AVDWE :NUE PAOnC 6VfWC WENT AVEWE 4 6 W; CM 1011 A4Tpobk PAC,fWl AvYlgiF FTNWAL 611NIA q 7, ROG;RT AWNIR, l� A%EJE5 SER�,Ej 0DAULON SMUT pry 4 0 91CWW1 AVFNUE,RAMIQNA W Vi), Sl ANY, 57Rr, I 9 CENNWAI 5TfffT firfWN0 AKPO ffl 0?QlAXQ AW,141r, Ift POEMW WNW rrnr Sum I I Q.J�ARW CIRM 11, am -11luT, CIA SA& tW/0 FMCARti CIA � At' (L /0 fl rN MEm0A s -Q1 IM -T 2,3 12-, DIVA14W SEWE I LA RFJpA AWMPE FNIA OF SwIrl d3 CEXITR SIREFT U(j Dhl,700A AWYNIJI PUTNT, A"TWir, Rholl.1f) smul r �4. 00WA40 AVENOP OADUO SINUET rXARX 5TWFF 7 7 vffql&N WHU 011MG 5TREJ1.1 KuurA sTW.L� My W�TREV "Litirp, Tiffwcr L7 A rplu%t APUILLA AVENUE 110FJ lAWN(K 'q A.Arv'L' MO ANO AVEWL, IhkwPY0.11m Alltookk I t L 20 X1.4481RIbIlE lwrmZfNAALINE AVLNUE BLEECKER Sfflff. 21�A S* Nb AwNFJL [A5NLIRILI mfoi& smrn 27 A SMA AWNUE MORA "BEET [NO Q 5TTITF7 Ol�F' OR AvtINOF olkw, SITIFE, CHRX�� FT �1, LAXIT 4 '�"llll MAIM TR "UT (XjlA j:fl A,,, IHIFtl 1-01 M4E REY Avil"WE, wcm TYLVO f7A!Cw sfTIL A ZLYllp %V Mir, RARK �Mff T Ir 100tu 5 1 HIT T A s'HOCA, SMEX't L"05 AvLml( UWNE AI&NUL 2 a. EMWMp AVEAVE. RAI - D'Mk PNRK RAMCWA L1I'A7 24 SAkIYU LANE VALLOW AvENuS ARIALLA AVYWR Mi LOW &WyAul' RUSO SIHE0 1100alLOUR57 k0W -ARIHM n. e /* 2 % '4' Attachment 3 Construction Estimate Item No. 1 z 3 Item Description Construction Area Signs Traffic Control Cold Milling AC Pavement Oty. & Unit 2 EA 1 LS 1,000,000 SF Unit Price $750.00 $75,000.00 $0.13 Amount $1,500.00 $75,000.00 $130,000.00 4 AC Overlay (2") 91500 TN $68.00 $646,000.00 5 ARHM Overlay (2") 2,550 TN $80.00 $204,000.00 Adjust Sewer Manhole to 6 Grade 105 EA $300.00 $31,500.00 7 Concrete (Curb & Gutter) 250 LF $45.00 $11,250.00 8 Concrete (Sidewalk) 65o SF $10.00 $6,500.00 9 Curb Ramps 87 EA $1,800.00 $156,600.00 10 City Monuments & Centerline Ties 75 EA $300.00 $22,500.00 11 Striping, Pavement Markers and Messages 1 LS $45,000.00 $45,000.00 12 Traffic Loop Detectors 30 LS $500.00 $15,000.00 Total Bid: (Numbers) $ 1,344,850.00 SUMMARY Adopt Resolutions approving: A. Resolution No. 2015-054; Memorandum of Understanding (MOU) between the City of Baldwin Park and the Classified Confidential Employees' Association (CCEA). B. Resolution No. 2015-055; Memorandum of Understanding (MOU) between the City of Baldwin Park and the Professional and Technical City Employees' Association (CEA). C. Resolution No. 2015-056; Memorandum of Understanding (MOU) between the City of Baldwin Park and the Classified Management Employees' Association (CMEA). D. Resolution No. 2015-059; Memorandum of Understanding (MOU) between the City of Baldwin Park and the Baldwin Park Police Officers' Association (POA). E. Resolution No. 2015-081; City Council of the City of Baldwin Park Amending the Executive Employees Benefits Matrix; and City Council of the City of Baldwin Park Amending the Unclassified Managers Benefits Matrix. FISCAL IMPACT Police Officers' Association The MOU with the POA is structured where it is implemented over a three year period beginning July 1, 2014. The retroactive costs associated with FY 2014/15 will be included in the FY 2015/16 Budget. The additional cost for FY 2015/16 is $1,408,064 and for FY 2016/17 is $1,626,624. The General Fund portion of the POA payroll costs is 100%. L �nlac ' Assgciatigi s CCl{Am CMEA & C The MOD's with the Employees' Associations is structured where it is implemented over a three year period beginning July 1, 2014. The retroactive costs associated with FY 2014/15 will be included in the FY 2015/16 Budget. The additional General Fund cost for FY 2015/16 is $179,266 and for FY 2016/17 is $225,621 and the restricted fund costs for FY 2015/16 is $146,673 and for FY 2016/17 is $184,599, as the General Fund portion of the CCEA, CMEA & CEA payroll costs are 55% as 45% of the costs are charged to various other restricted funds of the City. r ITEM NO. %%0/ S A I�J f Ifi� �VVVBVVVB iii qu�uuudu� uuuuuu"uuuuu uuuuuuuu ! ,L, TO: Honorable Mayor and City Councilmembers �HU° FROM Shannon Yauchzee, Chief Executive Officer .s,ar ,o �r i DATE: August 5, 2015 ,; SUBJECT: ADOPT RESOLUTIONS TO APPROVE MEMORANDUMS OF UNDERSTANDING BETWEEN CITY OF BALDWIN PARK AND BALDWIN PARK POLICE OFFICERS ASSOCIATION; THE CITY OF BALDWIN PARK AND THE PROFESSIONAL AND TECHNICAL EMPLOYEES ASSOCIATION; THE CITY OF BALDWIN PARK AND THE CLASSIFIED CONFIDENTIAL EMPLOYEES ASSOCIATION; THE CITY OF BALDWIN PARK AND THE CLASSIFIED MANAGEMENT EMPLOYEES ASSOCIATION; AND ADOPT A RESOLUTION AMENDING THE EXECUTIVE BENEFITS MATRIX AND UNCLASSIFIED MANAGEMENT BENEFITS MATRIX SUMMARY Adopt Resolutions approving: A. Resolution No. 2015-054; Memorandum of Understanding (MOU) between the City of Baldwin Park and the Classified Confidential Employees' Association (CCEA). B. Resolution No. 2015-055; Memorandum of Understanding (MOU) between the City of Baldwin Park and the Professional and Technical City Employees' Association (CEA). C. Resolution No. 2015-056; Memorandum of Understanding (MOU) between the City of Baldwin Park and the Classified Management Employees' Association (CMEA). D. Resolution No. 2015-059; Memorandum of Understanding (MOU) between the City of Baldwin Park and the Baldwin Park Police Officers' Association (POA). E. Resolution No. 2015-081; City Council of the City of Baldwin Park Amending the Executive Employees Benefits Matrix; and City Council of the City of Baldwin Park Amending the Unclassified Managers Benefits Matrix. FISCAL IMPACT Police Officers' Association The MOU with the POA is structured where it is implemented over a three year period beginning July 1, 2014. The retroactive costs associated with FY 2014/15 will be included in the FY 2015/16 Budget. The additional cost for FY 2015/16 is $1,408,064 and for FY 2016/17 is $1,626,624. The General Fund portion of the POA payroll costs is 100%. L �nlac ' Assgciatigi s CCl{Am CMEA & C The MOD's with the Employees' Associations is structured where it is implemented over a three year period beginning July 1, 2014. The retroactive costs associated with FY 2014/15 will be included in the FY 2015/16 Budget. The additional General Fund cost for FY 2015/16 is $179,266 and for FY 2016/17 is $225,621 and the restricted fund costs for FY 2015/16 is $146,673 and for FY 2016/17 is $184,599, as the General Fund portion of the CCEA, CMEA & CEA payroll costs are 55% as 45% of the costs are charged to various other restricted funds of the City. Resolutions To Approve Memorandums Of Understanding August 5, 2015 Page 2 Executive Team The changes to the Executive Benefits Matrix for the E -team are structured to be implemented over a three year period beginning July 1, 2014. The retroactive costs associated with FY 2014/15 are included in the FY 2015/16 Budget. The additional General Fund cost for FY 2015/16 is $51,856 and FY 2016/17 is $67,676; the restricted fund costs for FY 2015/16 is $39,120 and FY 2016/17 is $51,054, respectively. The General Fund portion of the Executive payroll cost is 57%, with the remaining 43% of the costs charged to various other restricted funds of the City. Unclassified 1" ana Ment The changes to the Executive Benefits Matrix for the Unclassified Management Team are structured to be implemented over a three year period beginning July 1, 2014. The retroactive costs associated with FY 2014/15 are included in the FY 2015/16 Budget. The additional General Fund cost for FY 2015/16 is $5,497 and FY 2016/17 is $7,356; the restricted fund costs for FY 2015/16 is $19,490 and FY 2016/17 is $26,082, respectively. The General Fund portion of the Unclassified Management Team payroll costs is 22%, with the remaining 78% of the costs charged to various other restricted funds of the City. RECOMMENDATION It is recommended that the City Council approve resolutions to adopt MOUs with the Baldwin Park Police Officers' Association, the Professional and 'technical City Employees' Association, the Classified Management Employees' Association, the Classified Confidential Emnployees' Association, and adopt the Resolution amending the :Executive Benefits and Unclassined Managers' benefits matrices. BACKGROUND Pei, the City Council's direction, staff has met and conferred with representatives of the Baldwin Park police Officers" Association, Professional and 1'echm ical. City Employees' Association, Classified Maanagenaent Employees' Association and Classified Confidentia-al t-,iiilaloyees' Association. As approved by City Council, the negotiation process has now been concluded and a majority of the nwinbems of the subJect bargaining groups have ratified the prop.osed, changes in, their respective Meniorandurtis of l.lnderstaatiding for their unit. As of the tinge of posting the agenda, the POA representative indicated that the MOU would be signed on Friday, July 31, 2015, and, therefore, the attached copy is not signed, f.,tpon adoption of resolutions 2015-054, 055, 056 and 059, respectfully, the MOUS will implement the terms and conditions of emnploynment through and including June 30, 2017, as negotiated. Police Officers' Association The following are the significant changes to the City's current agreement with BPPOA in the proposed MOU: • Will take effect retro -active to July 1, 2014, and shall remain in effect through June 30, 2017 • Base Salary Increases 0 1% retro to July 1, 2014 0 2% retro to January 1, 2015 0 2% effective the first pay period following July 1, 2015 0 2% effective the first pay period following July 1, 2016 • Ca1PERS Member contribution: o Effective as soon as reasonably practical and consistent with Ca1PERS documentary requirements, the City shall amend its contract with Ca1PERS consistent with Sworn eniployees agreeing to pay 9% of the member contribution in exchange for an offset wage increase of the same amount • Effective June 30, 2017, Sworn employees will receive a longevity pay as follows: 0 10-14 years of full-time service: $158/month 0 15-19 year of full-time service: $315/month 0 20-24 years of full-time service: $470/month 0 25 + years of full-time service: $675/month Resolutions To Approve Memorandums Of Understanding August 5, 2015 Page 3 — .... ..... .... ....... • Effective July 1, 2015, the City will provide POST/Education incentive as follows: o Officer with AA/Intermediate POST: $370/month o Officer with BA/Advanced POST: $465/month o Sergeant with AA/Intermediate POST: $400/month o Sergeant with BA/Advanced POST: $560/month • Effective July 1, 2015, The City will provide a POST Certificate pay to Non -sworn Civilian Dispatch Supervisor, and Records Supervisor of $310/month • Effective June 30, 2017, The City will provide a Supervisory POST Certificate to each Sergeant of an additional $300/month • Effective July 1, 2015, the sworn personnel will increase their annual uniform allowance to $900. • Effective upon ratification the City will increase the compensatory cap to 150 hours • Effective July 1, 2015,.the City will file as resolution with. CaaIPhRS to change the l-1EMC11A millinaanna and set Lip a vesting schedule for any employee hared on or after July 1, 2015. Current retirees and cLirrent employees will ealjoy the san c benefit as currently in place. with C;aIPERS EtnjjlqyLt. Associations The following are the significant changes to the City's Current agreement with the City Employees' Associations, which includes the Professional and Technical City Employees' Association, the Classified Confidential Employees' Association, and the Classified Management Employees' Association: • Will take effect retro -active to July 1, 2014, and shall remain in effect through June 30, 2017 • Base Salary Increases 0 1% retro to July 1, 2014 0 2% retro to January 1, 2015 0 2% effective the first pay period following July 1, 2015 0 2% effective the first pay period following July 1, 2016 • Ca1PERS Member contribution: o Effective as soon as reasonably practical and consistent with Ca1PERS documentary requirenl.ents, the City shall amend its contract with CalPERS consistent with unit eanployees agreeing to pay an additional 5% towards the 8% of the member contribution in exchange l`:or an offset wage increase of the same amount • Effective upon ratification of contract the City will pay up to $34.05/monthly towards City provided vision plan. • Effective upon ratification of contract, Employees will receive 75% of unused portion of sick leave over their maximum. • Effective upon ratification of contract, City will contribute $100/monthly towards city provided deferred compensation program • The City shall amend contract with Ca1PERS to provide for level IV of the 1959 Survivor Pre - Retirement Death Benefit • Effective .:lady 1,,, 2015, the City will file a resolution with CalPERS to change the P SMC"l lA InininIa1111 and set trp a vesting sebedtwle For any eaaiployee hired can or after July 1, 2015„ Current retirees and current eanployces will receive health benefits Linder CaIPERS For employee plus one not to exceed $718 per month. Executive and Unclassified M'.ana genient. Resolutions To Approve Memorandums Of Understanding August 5, 2015 Page 4 ... _.__ .�.._ ........ ....m -- -- - ---.— — lJpon adoption of Resolution 2015-081, the City Council will amend the Executive Benefits Matrix and the Matrix forunclassil ied. Managers to provide for the following: • Base Salary Increases 0 1% retro to July 1, 2014 0 2% retro to January 1, 2015 0 2% effective the first pay period following July 1, 2015 0 2% effective the first pay period following July 1, 2016 • Ca1PERS Member contribution- Miscellaneous Employees: o Effective as soon as reasonably practical and consistent with CalPERS documentary requirements, they City shall amend its contract with Ca1PERS consistent with unit ernployces agreeing to pay an additional 5% towards the 8% of the member contribution in exchange for an offset wage increase of the same amount. • Ca1PERS Member contribution- Sworn Employee: o Effective as soon as reasonably practical and consistent with Ca1PERS documentary requiren�ients, the City shall ar° fiend its contract with CalPERS consistent with executive employees agreeing to pay 9% of the member contribution in exchange for an offset wage increase of the same amount. • Consistent with other bargaining groups, employees will receive 75% of unused portion of sick leave over their maximum. LEGAL REVIEW This report has been reviewed and approved by the City Attorney as to legal form and content. ALTERNATIVES Council could provide staff alternative or direct to negotiate further. This would likely require the item to be held over and discussed again in Closed Session. ATTACHMENTS #1: Resolution 2015-054 with attached Memorandum of Understanding (MOU — CCEA) #2: Resolution 2015-055 with attached Memorandum of Understanding (MOU — CEA) #3: Resolution 2015-056 with attached Memorandum of Understanding (MOU — CMEA) #4: Resolution 2015-059 with attached Memorandum of Understanding (MOU — POA) #5: Resolution 2015-081 with attached Executive and unclassified Managers Benefits Matrix ATTAC 1 : EN,r #1 RESOLUTION NO. 2015-054 MEMORANDUM OF UNDERSTANDING CLASSIFIED CONFIDENTIAL EMPLOYEES' ASSOCIATION RESOLUTION NO. 2015-054 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE CLASSIFIED CONFIDENTIAL EMPLOYEES ASSOCIATION (CCEA) YEAS 2014201.7 — WHEREAS, the representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the Classified Confidential Employees Association to make equitable adjustments to wages and other terms and conditions of employment, and WHEREAS, a Memorandum of Understanding prepared by said representatives has been presented to the City Council for ratification, and WHEREAS, a majority of the unit members from this group voted to approve the Memorandum of Understanding. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. That this City Council does hereby approve and authorize the City of Baldwin Park's Mayor to sign the "lMemoranduml of Understanding between the Classified Confidential Employees Association and the City of Baldwin Park" attached hereto as Exhibit A. The Memorandum of Understanding for employees represented by the Classified Confidential Employees Association is hereby effective for the period Of JLJIy 1,2014 through June 30, 2017. SECTION 2. Resolutions or portions thereof in conflict hereby are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall forward a certified copy hereof to each Department Head and the Human Resources Manager. PASSED AND APPROVED this 5th day of August, 2015. Manuel Lozano Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I 1, ALEJANDRA AVILA, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing ReSOILItiOn was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular rneeting of the 5, M day of August 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCILMEMBERS: Alejandra Avila CITY CLERK � ~Oop, � / ` � , s , »5 :/ :» » . . a » ; m I TABLE OF C10,NI"ENTS ARTICLE I SCOPE OF MEMORANDUM OF UNDERSTANDING....,...,,,.«...............«....,.......,,.1 ARTICLE II PARTIES AND RECOGNITION .... ............... ..........................................................1 Section C. Terms of Agreement..... ....«........... .............. ,..,....... ..,,.. ......, .......,, ,.........,,,.,.1 Section D. Separability Provision ............ ......... ..•,..,.......,, .. .... ..,,.... .,....,,, ......,..........1 Section E. No Strikeout/Lockout Clause ................................ ............2 Section F. Non -Discrimination....,.. ..................., .................. ......., ...... .............. ...,.,,.2 Section G. Full Understanding, Modification, and Waiver...- ........ .......,«.•••.........,.•...,.2 ARTICLEIII ASSOCIATION RIGHTS ...................... ..... ....... ..... .........M..,.,.........,,.,..,.,.,. ,,....«...3 3 SectionA. ...... .............. .,...,......,................... .....,..,....,.,.. ......., ..,,... .,,,«......,..,,, Section B. Association Representatives .............. ...«..., ...,.,,,. .,..,.. ...........,..,.....,.,...........4 ARTICLE IV MANAGEMENT RIGHTS. ........ ......... ........ ............................. ..................5 ARTICLE V COMPENSATION AND SALARIES ..,...... ,..«......,...•... •..•..•.• ,«•,•...... SectionA. Retirement ................ . ....... ............. ......a,,.«, .,.,. ,.,,« ..,,,,.., .,...««...,,,...... ,...,..6 SectionB. Salaries........,,. ..................................... ............ ...... .....,,..., ....,... ,......7 SectionC. Bilingual Pay._. - . - . - . . . - . - . ....... ....... __...........____ ........ ,,... ««....,,.....,..,.,.,....«.8 Section D. Tuition Reimbursement ......... ......... ............. ..... ......... ........ ..... .....,...........8 ARTICLEVI BENEFITS ..................................................... ... ........ ...„.,..« .........,,,..,.8 Section A. Health Benefits/Cafeteria Plan ............. «« ...... •••••• • ••••••••8 Section B. Life Insurance .... ......... .................... ................... ........ ,.....,., ,,...«,., .,.....9 Section C. Short Term/Long Term Disability ...... ........ .....«.. ....... .••....1 ,1..1,..9 Section D. Deferred Compensation ......... ......... ................... ,......... ....,..... 9 SectionE. Child Care ......... ......... ........... . ........................ ............................ .................9 Section F. Retiree Health Care ......... ........ ......... .......... ........ .....«., ......., ,..,.. .,.9 ARTICLEVI HOURS ..............................«.,,.,. .......,.,.. , . .....,.. ...,..., ..,..,,,, ......... ,.....,.,,,...,.10 SectionA. Work Period ............................ ...«.....•.,....,,, ....., ........... .....,,,. , 10 SectionB. Hours of Work ................ «.... .,.,...., .....,.,,, ..,.., ..,...,,, ......,.. ..,...., ,.,..,.,......,.,10 SectionC. Workday ................................. ... . .......... ................. ....... ,......10 Section D. Overtime or Administrative Leave.. .,,,M ... ........ .... „. ......•,...,.«..11 SectionE. Holidays ............................... — ...... ...... .......... ................,...,..,12 Section F. Holiday Bank ................................................. ARTICLEVII LEAVES......................................«..,.....,..,..,.. .. ........ .. ......,«,.......13 SectionA. Sick Leave ........................•,.....,.........,..,..., .,..,, ,.,....,. ........ ....... ......,...13 SectionB. Vacation .......................... ......... «,....,..,........, ,......... .. .,............ ..,,. ....... ,.....,13 Section C. Bereavement Leave ....................................... ............ ....... ..... _.,«........15 Section D. Military Leave .............................. .......... ,,...,............... ...,,. ............ ,..,.,.............. ..,.15 Section E. Jury Duty ...,......«................. .................. ....... ....«..,, ........ ,....,...... ,..,,,.....,,..15 Section F. Training/Conference Leave ......... ................. .•,...,,. ......,, .....,.... ................15 SectionG. Injury on Duty ...................... ..................•.., .... ,.,,..,.. ..... .... ...........__15 ARTICLE VIII POLICIES AND PROCEDURES. ......... ........ ........ ,•..,..., ...16 Section A. Written Warnings/Reprimands............. ........ .......,., .....,.. ,....... ...16 SectionB. Layoff Policy .............. ....«,....... .......,.«..........,,.. .«,..... ,.,..,.,,,,..,...,. ............,....16 Section C. Emergency Preparedness Policy ,..•.. ........ ........ ........ ......... ...«.,.. .,.....,,........16 Section D. Personnel Rules ...................................... ........ ......... .................. .................17 Section E. Labor/Management Committee ...... ..................... ......•, .....,•.• ...,<..........., .......,17 Section F. Pre -Employment Drug and Alcohol Testing. ......,« ....«..• ,.....•., .,.,•..•. ,,,,, ...... 17 SectionG. "Y” Rating .................................„..« ...... -11- ...,•,« ........ .,....,.. .,..„.«, 17 Section H. Salary Survey .......................................... .......................•.,. ...17 ARTICLE IX Section A. Section B. ARTICLE X ARTICLE XI Section A. Section B. Section C. ARTICLE XII Section A. Section B. ARTICLE XIII 17 GRIEVANCEPROCEDURE ................... .......... ............. ...... .......... ,....,................ ,....... ,........ ,.,..,.. ,,......................17 Definition............... .......................... ....—.. ......... ......... .......................18 Procedure............................. ............... ... ......... AMERICAN'S WITH DISABILITIES ACT ................d ....,.•., ..•..••. .....,,...,...19 DRUG AND ALCOHOL ABUSE POLICY .................................................• .•......20 ,..,...., ...,..............,...-20 Purpose—..—, ....... .... ......... ......... ......... ....M,........,... .. Policy ..... ,.,................20 ............................ ......... .................. ..... ........,...,... ..,......--20 Application........................... SMOKE FREE WORKPLACE. ........ ........... ,,.. ...... ...22 Purpose............................... ......... ........ ........ ........................22 ........ .... ........ ....... ..................... .....................23 Procedure.......................... ................. ............... LIMITEDREOPENER .........................--- ........ ...... ........ ......................23 PREAMBLE ,rhe City of l aldwin. Park, a inon cipal corporation, and the Baldwin . Paii,, Clrrssiiierl Confidential l mployces Associat:iori, a rccogri:ized employee organization, have, been rrieeting and corrferr°irrg in gored Fai:I I corrsistcrrt with Section 3 O0 et seq., ot` th:e Gover•nr�rrerrt Co( e rrntl have reached agreement as a result of such meetings. AIITIC LE I S1:°Cil l+a OIC i I1 1 C4)IIANII1lM O 1Jl lIl1 I S 1 A:iS`1 I1 G It is the intent and purpose of the Memorandum to set forth mutually beneficial working and economic relations between the parties hereto and to provide an orderly and peaceful means of resolvirig any misunderstandings Which rna.y arise, and to set forth the total and cornplete understanding and agreement between the parties regarding wages, hours, and other terwns and conditions of employment. ARTICLE It PAR,11ES AND RECOGNITION The Memorandum of Understanding is made and entered into between the Management representatives of the City of Baldwin Nut, lrereinal"ter referred to as the; "City" and representatives of the Baldwin Park Classified Conlidential l:1rnl�loyces Association, herernaller referred to as the "Association", a formally recognized exclusive represer°rtat:ive of the general unit of City enrployees pursuant to the Meyers-Milias-Brown Act. Section A. Appropriate Unit The classifications covered by this unit are: Executive Secretary Human Resources Analyst II Personnel Technician Section C. Terms of Agreement The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and it is mutually agreed that this Memorandum of Understanding shall be effective upon ratification of the City Council and ending on June 30th, 2017. Section D. Separability Provision If any provision or the application of any provision of this agreement as implemented should be rendered or declared invalid by any final court action of competent jurisdiction, the remaining sections of this agreement shall remain in full force and effect for the duration of said agreement. In the event any section of this Memorandum is declared invalid, the City agrees to meet and confer with the Association regarding the impact or implementation of the court order. Section E. No Strikeout/Lockout Clause 1. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not cause or condone any strike, walkout, slowdown, sickout, or any other job action withholding or refusing to perform services. 2. Any employee who participates in any conduct prohibited in part 1 above may be subject to disciplinary action up to and including discharge. 3. The City agrees that it will not lock out any employee at any time. 4. In the event that anyone or more officers, agents, representatives, or members of the Association engage in any of the conduct prohibited in part 1 above, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation if this MOU and is unlawful and they must immediately cease engaging in conduct prohibited in part 1 above and return to work. Section F. Non -Discrimination The provisions of the Memorandum shall be applied equally to all employees without unlawful discrimination as to age, sex, marital status, race, color, ancestry, religious creed, national origin, political affiliation or (when the nature of work permits) physical handicap. Any violation of this by the recognized employee organization shall also be subject to immediate correction and possible loss of recognition. All references to employees in this Memorandum designate both sexes, and whenever one gender is used it shall be construed to include both, where appropriate. Section G. Full Understanding, Modification, and Waiver It is intended that this agreement sets forth the full and entire understanding of the parties regarding matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are superseded or terminated in their entirety. Except as specifically provided herein; it is agreed and understood that both parties voluntarily and unqualifiedly waives their right, and agree that the other party shall not be required to negotiate with respect to any subject or matter covered herein during the term of this agreement. Nothing contained herein shall preclude the parties from mutually agreeing to meet and confer. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. The waiver of any breach, term and or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 2 ARTICLE I'll ASSOCIAT ION 111GI1'1'S Section A. Aslo 111 ltg�s i Ptigy—EPe_C( lLqtW_kI _ci_) —/Ag Duringsociathe term of this MOU, the City agrees to collect, through payroll deduction, Association dues, agency fees and religious exemption fees from all employees who have signed a written authorization and a copy of that authorization has been provided to the Human Resources Department. The City shall be held harmless by the Association in performing this responsibility. LN Le_r v flare, _ N —Ot Ar, C, 41. _J -on '_ All :new hives in the Association shall be informed by the Human Resources Department, at the time of hire that an Agency Shop agreement is in effect for this classification. gg,ligiqus!", ell, ?fion Any employee who is a member of a bonafide religion, body, or sect who has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support [tie organization. Such employee shall, in lieti of periodic dl, es or agency shop lees, pay sums equal to said amounts to a non -religious, non -labor charitable ILind exempt [1-0111 taxation under Section 501(c)(3) of the Internal Revenue Code, Those fees shall be remitted by the City, at the choice of the employee, to one of the following non -labor, non -religious charitable organizations: American Red Cross or United Way. To qualify, the employee must provide the Association, with a copy to the City, a written statement of objection, along with verifiable evidmice of mcnibership in a religious body as described above. The City will inil:)Ienient the change in status within thirty (30) days unless notified by the Association that the requested exemption is not valid. lave witlio " �11 1,,),,Iy n ) ql -q up ,11 jssi 1 ejitOut-of Unit Employees on an unpaid Icave of absence or temporarily assigned out of the unit shall be excused froni, paying dues, agency shop fees, or charitable contributions. Jildeninification The Association agrees to fully indemnify, defend, and hold harmless, the City, its officers, employees, and agents against any claim, action, liability judgment or settlement as a result of implementing and maintaining the agency shop agreement. Records The Association shall keep an itemized record of its financial transactions and shall make a detailed written anatial financial report available to the City and all the unit members. The Association certilies that is has adopted, implemented, and will maintain constitutionally acceptable procedures to enable non-member agency shop fee payers to tile' aningfully challenge the propriety of the uses to which service fee funds are put in accordance with applicable law. 3 Section B. Association Representatives 1. The Association may designate one officer, board member and representative, who shall be permitted to assist bargaining unit tneinbers in the itrvestigation, processing and presetrtation of grievances, disciplinary actions, the meet and ewifer process and all activity iiecessary to facilitate the efficient resolution of any labor- management dispute. 2. The Association shall notify the City in writing of the names of all board members, officers, and representatives who are authorized to represent the employees in the bargaining unit. 3. The City agrees to grant reasonable access to employee work locations of officially designated representatives for the purpose of processing grievances in accordance with this Memorandtim of Undetstanding. Each representative, upon notificatiori to his/leer inimediate supervisor, nnay be permitted to leave his/her regular wore location dr.r:r:ing work hours, for reastttiable periods of tithe to perCctrm the fol:lowirrg functions with pay: a. To represent to a supervisor, a request for a grievance which the representative has been requested by any employee, or group of employees, to present to such a supervisor. b. Investigate any request for adjustment of grievance in the representative's division, and present such request for adjustment to the supervisor of the employee who initiated the grievance request. c. Attend meetings with management when the representative's presence is necessary to present the grievance for adjustment. 4. No representative shall leave his/her job or area, of assig,ntnent while his/her presence is necessary for the safe arid effective operation of his/Iter job; the determination to be made by the representative's immediate supervisor or appointing authority. 5. Each representative shall report to his/her supervisor the time leaving his/her work location to perform such duties as set forth herein. The representative shall report to the supervisor immediately upon completion of these duties. 6. When the presence of a representative is desired by an employee, or group of employees, for the presentation, investigr,,ttiort, and/or ti1djUst:trient of a grievaiiee and/or dispute, the employee or group of employees shall make a rcgtt.est to their immediate supervisor. The supervisor shall arrange for a representative to be present as soon as possible, consistent with safe and efficient operating requirements. 7. Prior to entering any area in the fulfillment of their duties set forth herein, the representative shall notify the supervisor of that area of his/her presence and the reason for his/her business in that area. 4 8. The City agrees that the representative shall not be hindered, coerced, restrained or interfered with in the performance of their duties and responsibilities provided in the Memorandum of Understanding. 9, The Association and the employer agree hereto that each will cooperate with the other and reduce to a minimum the actual time spent by representatives in the performance of their duties under this Memorandum of Understanding. AK lid"[ I+ I MANAGEMENT L+:1 1 E1" T RIGHTS Section A. All management rights and functions, except those which are clearly ,md expressly 1 imitccl inthis Memorandum Jmerelta:nb ing�va shall :" �1Ctastr<�tionteand n�otsil�ly^vvaaytl� . City, It is expressly recognizedY Y Y limitation that such rights and functions include, but are not limited to: 1. Manage the City 2. Schedule work hours 3. Establish, modify, or change work schedules or standards 4. Institute changes in procedures 5. Direct the work force, including the right to hire, promote, demote, transfer, staspend, discipline, or discharge any employee 6. Determine the location of any new facilities, buildings, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing, or closing of facilities, departments, or subdivisions thereof. 7. Determine services to be rendered 8. Determine the layout of btjrldings and eq'tiip lent and materials to be used therein 9. Determine processes, techniques, methods, and nicans of performing work 10. Determine the size and characteristics of the work force 11. Determine financial policy including accounting procedures 12. Determine the administrative organization of the system 13. Determine the selection, promotion, or transfer of employees 14. Determine the size and characteristics of the work force 15. Determine the allocation and assignment of work to employees 16. Determine policy affecting the selection of aiew elliployees 17. Determine the establishment of quality and quantity standards and the judgment of gna:lity and gpantity of work required. 18. Detennine t0ministration of discipiine 19. Determine control anduse of City property, materials and equipment 20. Schedule work periods and determine the iwinber and duration of work periods 21. Establish, modify, eliminate or enforce rules and regulations 22. Place work with outside firms 23. Determine the kinds and numbers of personnel necessary 24. Determine the methods and means by which such operations are to be conducted 25. Require employees, where necessary, to take in-service training courses during work hours 26. Determine duties to be included in any new and/or vacant job classification 27. Determine the necessity of overtime and the amount of overtime required 5 28. Take any necessary action to carry out the mission of the City in cases of an emergency 29. Prescribe a uniform dress to be worn by designated employees The exercise of file foregoing powers, rights, authority, duties and rcspolisibilities by the City, the adoption of policies, rules, regulations, and practices in, furtherance thereof', and the use of jridgment and discretion ill connection 'therewith, sball be limited only by the specific and express terins or this contract, and then only to the extent such specific and express terms are in conformance with law. Any dispute arising Out of or in any way, connected with either the existence of or [tie exercise of any of the above described rights of the City is not suliject to the grievance provision unless any such dispute is otherwise grievable under another Article of this agreement. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of management's rights shall impact oil eillployces in the bargaining unit, tile City agrees to meet and confer with representatives of the Association, upon reqtiest by the Association, regarding tile impact of the exercise of such fights, unless tile mater of the exercise Of SUCh rights is provided for in this Memorandum of Understanding or in Personnel Rules and Salary Resolutions. AI—CFIC11-111: Y COM)"ENSA140N AND SALAIIJES Section A. Retirement Ir loom 1, 201-3 The City contracts with, the State of California Public Employees Retiremeiit System (Call?FRS) for - the classifications contained in this agreenient. The plan shall include the following options: 1, . 2.7%@,55 retirement fornitila (Government Code §21354.4); 2, Sillgle highest year final compensation (Government Code §20042); 3. Military service credit as public service option (G overnment Code §21024); 4. 1.959 Stlrvivors Benefit Level I for which each employee contributes ninety-three cents ($,93) per pay period (Government Code §21571); 5. Pre-lZetirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 6. 2% Annual Cost of Living Allowance (Governinent Code §2132,9); 7. The City agrees to contract with CalPERS to inchide 1959 Stirvivors Benefit Level IV 8. $500 Retired Death Benefit ,file City will pay 1.00% of the employer's contribution to the Call"ERS retirement program and provide retirenient benefits as currently specified Under the City's contract with tile California Ptiblic Employees' Retirement ystern. Effective concurrent with Council Resolution of the meet and confer process and upon ratification of this agreement, all unit member agree to pay 8% of the Net Employee .1 Rate (currently 12.598%) for the Pl'16 retirement contribution. All erployee 1'tanding of employee retirement contrilautious shall be pursaaaaat to (overnment Code section. 20691. The City agrees to provide a 5% equivalent offset For alae ernlaloyee contributions as outlined in Article V, Section B, provided that the effective date of the offset shall occur when Ca1PERS approves or implements the change in retirement cost-sharing. The offset shall not be subject to Y -rating under Article VIII, Section G. All such employee contributions shall be deposited in the member's retirement account. New Cal, "mMemlas Hired onw or After January l 2013 l„l'l�R The City contracts with the State of California Public Employees Retirement System (Ca1PERS) for alae classifications contained in this agreement. The plan shall include the following options: 1. 2% at 62 formula (Government Code §7522.20); 2. Three (3) year average final compensation period (Government Code §20037); 3. Pre -Retirement Death Benefits to continue after remarriage of survivor ((lovernaaaent Code §21551); 4. Military Service Credit as Public Service (Govern ament Code §21024) 5. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cents ($.93) per pay period (Government Code §21571); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. Employees will pay 50% of the normal cost, currently 6.25% member contribution to Ca1PERS; 8. The City agrees to contract with Ca1PERS to include 1959 Survivors Benefit Level IV 9. $500 Retired Death Benefit Section B. Salaries The City adopted a Seven Step Compensation Plan (5% between steps), which is made a part hereof, and is on file with the Human Resources/ Risk Manager or their designated representative(s) in the l lurnan Resources Department. Such Cµ°onapensation Plan may be amended or revised at the discretion of the City Council stibject to the meet and confer process. Effective concurrent with Council Resolution of the meet and confer process and upon ratification of this agreement, the City will provide for a 5% equivalent unadjusted base salary increase to the seven step compensation plan for the offset to the employee contribution to Ca1PERS as outlined in Article V, Section A. In addition to the 5% equivalent offset base salary increase, the following unadjusted base salary increases shall be provided to all represented employees of this Association: a) Retro -active to the first payroll period commencing on or after July 1, 2014 — 1% b) Effective the first payroll period commencing on or after January 1, 2015 — 2% c) Effective the first payroll period commencing on or after July 1, 2015 — 2% 7 d) Effective the first payroll period commencing on or after July 1, 2016 — 2% Section C. Bilingual Pay The City shall pay an additional $100.00 per month to a person who is capable of speaking reading and writing amend/or interpreting the languages of S mnish, Chinese, Japanese, Vietnamese, Tagalog, anal Sign Language. Determination of capability shall be rnad.e by goalifying tests established by the City. Re -testing of individuals will be regtdred to deterrnine bilingual capability in the above stated langmiages. Only those individuals who score at Nlie level of "Good" or better will be eligible for bilingual pay. Section D. Tuition Reimbursement Section 2.8 of the City's Personnel Rules and Regulations shall be amended to provide that the tuition reimbursement described therein shall allow for reimbursement eligibility for full time employees who have passed original probation shall be in the amount not to exceed $1,500 per fiscal year. Personnel Rules §2.8 shall be concurrently amended to provide that tuition reimbursement shall be allowed only for courses provided by an accredited college or university and in a field of study reasonably related to the employee's duties and which are deemed appropriate by the Executive Team. ARTICLE VI BENEFITS Section A. Health Benefits/Cafeteria Plan C"vl. �lrc� _ant e t l The City will contribute to each employee in the bargaining group a sum not to exceed $950.00 per month towards benefits as detailed in this section. The employee is required to maintain a minimum coverage for him/herself in a plan of their choice armless the employee can show proof that they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly allowance, such employee will have an option to have the excess monies placed towards an existing benefit program. These options include: 1. Placement in a City provided health insurance plan for two (2) party or family coverage. 2. Placement in a City provided dental plan for self, two (2) party or family coverage 3. Placement spread over a combination of the options listed above. 4. Elect to receive any excess monies in cash, which will be considered as taxable income, or 5. Elect to place the excess cash monies in a City provided deferred compensation program. 8 VisionPlanoyggN ']-he City will provide a vision plan to all affected employees, and will contribute r.ip to a maximum premium cost of $34.05 per nrorath. Any premium increase in excess of $34.05 per month shall be absorbed by the employee. Section B. Life Insurance The City shall provide a $50,000 term life and AD&D insurance. Section C. Short Term/Long Term Disability The City will pay 100% of the employee premium towards a short-term and long-term disability program, as provided by t re City of Baldwin Park. `l:"he Plan provides benefits o nmerrcing on the 31" dray of a non -work related itwjury or illness, and employees will. be eligible to receive a maximum benefit of 66 2/3 or their current base salary rip to a. maximum of $5,000 per month. Section D. Deferred Compensation The City currently offers two (2) established deferred compensation providers to its craployees Deferred compensation is a voluntary program whereinemployees may elect to allocate salary to the City's 457 plass on a pre-tax basis in accordance with the provisions of the plan. Effective ripon ratification of this contract the City shall contribute $100.00 per month into a City sponsored deferred compensatir n flan. Prior to any changes in the current progrrarn/providcrs, the City agrees to meet in gonad faith with the CCEA as part of the naect and confer process. Section E. Child Care The City's Before and After School Care (f,atch Key) Program shall provide same privileges to employees as residents of Baldwin Park. Section 125 Man is availablefrit° employee's use. Section F. Retiree Health Care F 7rllta des llir cl f3el aretarty 1, 20:15 For all employees hired prior to J trly 1, 2015, if upon retirement the employee enrolls in the City's Ca1PERS medical care plan, the City will pay the minimum employer contribution to Ca1PERS that is required by Government Code section 22892. In addition, the City will also pay into the retiree's individual health reimbursement account, or similar reimbursement plan, an amount equal to the difference of the City's minimum employer contribution required by Government Code section 22892 and the premium cost for retiree -only coverage in the retiree's chosen medical plan. lto c lfired_L It or After whj[rL° 1, 201 Forall enrployces hired on or after Jtr:ly 1, 2015, if upon retirement the employee enrolls in the City's Ca1PERS medical care plan, the City will pay the inininitr,raa employer contribution to CalPERS that is required by Government Code section 9 22892. In addition, the City will make a contribution to the retiree's individual health reimbursement account, or similar reimbursement plan, based upon the employee's years of service to the City as follows: 6 to 10 full years of service: 20% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to Ca1PERS 11 to 15 full years of service: 40% of the premium cost for retiree only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to Ca1PERS 16 to 20 full years of service: 60% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to Ca1PERS. 21 to 25 full years of service: 80% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to CalPERS. 26 full years of service or more: 100% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to Ca1PERS. RTLCiA E, VI Section A. Work Period Section B. HOURS The work period for all ernployces within the bargaining group shall be seven (7) days in lengthcottnnjencing oiiSunday, at 12:01 a.m. Hours of Work Employees assigned to a 4/10 work week shall work Monday through Thursday 7:30a.m. to 6:OOp.m. Section C. Workday Employees working the 4110 shall have a standard workday consisting cel tcri acrd otte- ha.l1 (10 1/2) hours with nine hours and fifty nninutes of work time and t:"ofty (40) urinates as a tion -paid unrestricted meal period. N°Ieal periods shall be in accordance with department administrative guidelines. 1 niployees working the 4/10 will he provided with two (2) ten (10) naitutte rest beaks daring the day, one each approximately at the ttaidpoint of each one-half workday. Rest 10 time is not cumulative beyond the scheduled workday within which the break period occurs nor may it be used to extend lunch or shorten the workday. LEx icmental cr vvik,ched",e 1'he City agrees to iniplenient an experimental 4/10 plan for all employees assigned to City Hall. The Association recognizes that the City may, at its sole discretion, end the 4/10 plan at any tine. The termination of such 4/10 plan is not: stabpect to the grievance process or any other adininist native review. "the Associationrecognises that the 4/10 plan is not a vested right in any manner, and that the terrn,inatiorr of srrch 4/10 ph -in is not subject to the grievance process or any other administrative review. The parties have agreed that although tlae City shall have an utirestricted management right to ten-ninate any of the work schedules described in the l' oti, iinplemer'rt'ation of that rnanagenient right shall result in the City engaging the meet and confer process as to the effects of exercising its management rights. Section D. Overtime or Administrative Leave Members of this unit are FLSA-exempt administrative employees and do not receive FLSA-mandated overtime. Nonetheless, the City proposes that each affected unit member shall lodge with payroll, in July of each year, an irrevocable written election that shall be valid for the entire ensuing fiscal year. Said election shall indicate the eriilatoyec"s lir°efcrence for receiving cornpensation at 1.5 times the employee's base salary for atrtliorized hours worked in excess of 40 in a work period. In the alternative, each cnaployee shall receive a maxinitran of thirty (30) hori:rs of adniinistrative leave with pay each fiscal year. he nse of staeh leave shall be atthe reasonable discretion of the employee's department head. Unused administrative leave time balances at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. Overtime In lieu of receiving cash payment for hours worked in excess of forty (40) hours during the seven (7) day work period, an employee ni,ay elect the option of earning corn.pensatory time, and shall have a cap of eighty (110) hmi s placed on the accrual of compensatory time off. 1"he times during which an employee may take his/her compensatory tinge shall be approved by the d partrnent tread with due regard for the wisl-.tes of the employee and for the needs of the service. 1 gytatit ntovisiOn On or before December 31 of each year, an employee shall reduce his/her accrued compensatory time bank to forty (40) hours or less. Any time in excess of forty (40) 11 hours shall be paid at the employee's current straight time rate unless advance, written al-)proval of the employee's deparinicnt head and the Chief Executive Officer is obtained to carry over all or part of the excess of forty (40) hours. Upon separation from City service, an employee shall be compensated for all accrued compensatory time of eighty (80) hours or less at his/her straight time hourly base rate. Section E. Holidays The City shall observe the following holidays: New Year's Day- January 1St President's Day- The third Monday in February Memorial I)ay - 1"he last Monday in May Independence Day- July 4th Labor Day -The first Monday in September Veteran's Day- November 11th Thanksgiving Day- The fourth Thursday in November The Friday following the fourth Thursday in November (5/40 & 9/80 schedules only) Christmas Eve- December 24th Christmas Day- December 25th E --rpt *(wes tarsin ccl tw a J 1.0 "fork Schedule If any of the foregoing holidays falls on as Friday or a Saturday, the holiday will not be observed, on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. On January 1 of each year, each affected employee will be credited, with ten (10) hours of leave for observance of Martin Luther King Day and ten (10) hours leave, for a total of twenty (20) hours. Section F. Holiday Bank At the beginning of each calendar year, the City will determine how many of the above stated set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("holiday bank"). The above stated Floating ljolidays will also be credited to the "holiday bank". The above times during which an employee may take his/her holiday bank hours shall be approved by the department head with due regard for the wishes of the employee and or the needs of service. This leave shall be used in increments of the employee's work sehedule, e.g, 8, 9, 10, or 12 lioruyq. Employees may also be permitted to take holid,q Icave in hourly increments, Employees may accun-tulate up to a, maxiinurn of one hundred (100) hours of holiday bank time. Payout 12 If an employee, because of business necessity, is not able to utilize excess accrued holiday bank hours, upon written request to, and approval of the department head, an employee may be paid for any excess hours over their maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of tlac actual tiol:iday, he/she will have his/her vacation leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. ARTICLE VII Section A. Sick Leave LEAVES Every full-time employee represented by this agreement shall accrue sick leave beginning the first full pay period of employment at the rate of 3.693 hours for each pay period of service completed with the City. Incentive Pant )!a a��t Each eligible employee shall elect their maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at 75% of the total value, with the timing and methods of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave hours accrual bank. Section S. Vacation Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. 13 The times during which an employee may take his/her vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service. Employees shall, each calendar year, be required to take a minimum of forty (40) consecutive hours vacation leave. In addition, an employee may, with approval of the department head use vacation leave in lesser increments during the calendar year. Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave with approval of the department head. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year. Effective July 3, 2005, the maximum accrual of vacation leave that may be accumulated shall be as follows: 1. Employees having less than five (5) years of employment (vacation accrual = 96 hours per year), the maximum amount of vacation that may be accumulated shall be 192 hours. 2. Employees having more than five (5) years but less than ten (10) years of employment (vacation accrual = 120 hours per year), the maximum amount of vacation that may be accumulated shall be 240 hours. 3. Employees having more than ten (10) years but less than fifteen (15) years of employment (vacation accrual = 144 hours per year), the maximum amount of vacation that may be accumulated shall be 288 hours. 4. Employees having more than fifteen (15) years but less than twenty (20) years of employment (vacation accrual = 168 hours per year), the maximum amount of vacation that may be accumulated shall be 336 hours. 5, Employees having more than twenty (20) years of employment (vacation accrual = 192 hours per year), the maximum amount of vacation that may be accumulated shall be 384 hours. If an employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to, and approval of the department head, an employee will be given an extension in order to take his/her vacation. In cases where the employee forfeits vacation leave time at the request of the City, upon approval of the Chief Executive Officer or designated representative(s), said employee shall be compensated for forfeited vacation leave time at the employee's current rate of pay. It is the employee's responsibility to schedule vacation time well in advance to avoid forfeiting his or her vacation or to avoid any conflicts. Employees will be notified on a quarterly basis of their current and potential maximum vacation hours accrual for the calendar year to assist them in the reduction of excess accrued vacation hours. 14 In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended or credited accordingly. 1 Inployces who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave. Section C. Bereavement Leave Each affected employee in the covered classifications shall receive the equivalent of their workweek per incident, as needed, because of a death in their immediate family. Immediate family shall mean and include only: Employee's: spouse, children, brothers, sisters, parents, grandparents, step -children, foster children, grandchildren, and State registered domestic partners. Spouse's: Parents, and grandparents Said time will not be cumulative from one twelve (12) month period to another nor will pay in lieu of unused leave for bereavement is provided. Section D. Military Leave An employee granted military leave pursuant to Section 11.6 of the Personnel Rules shall not be granted additional compensation when such leaves extends beyond the employee's regularly scheduled workweek. Section E. Jury Duty An employee granted jury duty leave pursuant to Section 11.7 of the Personnel Rules shall not be granted additional compensation when such leave extends beyond the employee's regularly scheduled workweek. Section F. Training/Conference Leave When an employee is scheduled to attend a conference or training program Monday through Friday, his/her work hours will be 8:OOam to 5:OOpm Monday through Friday so there is no issue that he/she is eligible for overtime while attending the conference or training. Section G. Injury on Duty Any employee who is injured within the scope of employment with the City will receive workers' compensation benefits as provided under the California Labor Code. While any employee is on an injury on duty (IOD) status, his/her work hours will be consistent with their regular scheduled work shift, so there will not be an issue or 15 conflict regarding said employee's eligibility for overtime while receiving treatment or keeping doctor's appointments. lndustrial 11�,� y T eng is This language shall supersede the language in City Personnel Rule Section 11.5 which applies to Non-Sworn/Miscellaneous employees. Said Personnel Rule language is superseded by this MOU provision and the applicable Personnel Rule language is null and void. Any non -sworn (non -peace oft:rcer) employee iQjUred in the course and scope of employment and whose injuries are subJect to the Workers' (°ompensation laws of the State of California, shall be eligible to receive only those benefits provided to non - sworn (non -peace officer) employees by the Workers' Compensation laws. AR`l".lCI..r.E "ill POLIO 1ES AND PROCEDURES Section A. Written Warnings/Reprimands Written warnings/reprimands issued pursuant to Section 1.4 of the Personnel RLiles and Regulations slia11 not be subject to advisory arbitration. The linal step of administrative appeal shall be the Executive Team. An employee shall have the right to attach a written rebuttal to any written warning/reprimand placed in his/her personnel file. A written warning/reprimand may be removed from an employee's personnel file, upon written request to and written approval from their department head, if he/she has not been involved in any subsequent incidents that resulted in written corrective counseling or other management action for a period of five (5) years from the date the most recent notice was issued or management action taken. Section B. Layoff Policy The parties agree to continue the meet and confer process on the City's current Layoff Policy, contained in Section 13 of the Personnel Rules. Any language changes to the current Section will be submitted by the Association prior to the commencement of the meet and confer process. Notwithstanding the language contained in Section 13 of the Personnel Rules, affected employees in the CCEA will be entitled to a minimum of three (3) months health, dental and vision benefits paid for by the City, if a layoff takes place. Section C. Emergency Preparedness Policy The parties agree to continue the meet and confer process on the "Emergency Preparedness Policy", including specifics as to when bargaining unit members should respond before or after their normal work shift. 16 Section D. Personnel Rules During the tenni of this agreeniertt, both parties agree to meet and confer or' the content and irnplenientation of new and/or revised Personnel Rules and regulations as needed. Section E. Labor/Management Committee The City agrees to maintain a labor/management committee for discussion of general issues of mutual concern to the City and the Association. Section F. Pre -Employment Drug and Alcohol Testing The parties agree that, all new hires, eft'ective the date this agreernent is signed, will be subject to pre-employrnent alcohol and drug teitirig. Ernployinent will be contingent upon the results of this testing. Section G. "Y" Rating "Y" rate exists when an employee's salary is frozen at the present level until such time as subsequent general salary increases catch up with or exceed the: ernployce's salary at the "Y" rate. An employee receiving "Y" rate shall remain at "step Y" until such thile as the posit' ion is assigned to a salary range in which the last step is equivalent to or higher than the "step Y". Such employee shall not receive salary adjustnients until such time as "Step Y" is equivalent or less than Step 7 of the salary range of the employee's position. Section H. Salary Survey ARTIC-11AX Section A. The City and Association agree, during the term of this MOU, to collect and compile salary survey data on classifications represented by the Association with respect to agencies comparable to Baldwin Park. GlItrwAwrj, FIROC'EDuRE Definition A I"grievance" is a (banal, written allegation by a grievant that lie/she has been adversely affected by an existing violation, misinter•pretation or inimpplialtion of the specific provisions of the Memoranduin of Understandirig and/or provisions ofthe Personnel Rules and Regulations. Other rnatters for which a special method of review is provided by law, ordinance, resoludon, or by adininistrative regulations and procedures of this City, are not within the scope of this procedure. Section 15 of the Personnel Rules shall be modified by this agreement to provide the utilization of the grievance procedure for those eniployees who receive performance evaluations rated at the level of marginal and/or U11satisfactory. This arnendilierA of 17 Section 15 shall apply only to the members of the General Unit of Clerical Employees Association. Section B. Procedure Laf�-r—Tjlldh discussion between the Every effort: shall be made to resolver grievance throng employee and his/her irnmediate supervisor. It is the spirit and intent of this procedure that all, grievances are settled quickly and fbirly without any SUbsequent discrimination against eniployces, who may seek to ad list a grievance. Every effort Should be made to find an acceptable SOlUtion at the lowest, level of supervisor. Within fifteen (15) calendar days after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attellipt to resolve it by an informal conference with the grievant' s immediate SLIPervisor, "rhe immediate supervisor shall respond, in writing, within (7) calendar days of the discussion with the grievant. If the immediate supervisor does not respond withill such time lime the grievant shall be entitled to process the grievance to the next step. If (lie problem cannot be resolved between the employee and. tile supervisor, the employee may, within seven (7) calendar days from the (,late of receiving the answer from his/her supervisor, request and be granted an interview with the division head, it' one exists, in order to discuss the grievance. The Division ]lead shall schedule an interview within (5) calendar days of the grievant's request. After the interview, the Division I - lead shall respond, in writing, within seven (7) calendar days of the interview with the Grievant. If the Division Head does not respond within such time limit the grievant shall be entitled to process the grievance to the next step. If the division head and employee cannot reach a solution to the grievance, the employee may, within seven (7) calendar days trorn the date of receiving, the answer from the division manager, request, in writing, and be granted an interview with tile -ity, "I"'he appointing authority, or its representative, shall, schedule an appointing authoi. interview within rive (5) calendar days of the grievant's request. The appointing authority shall render his/her decision in writing within fifteen (d 5) calendar days of receiving the appeal. If tfle appointing authority and employee are unable to arrive at a satisfactory solution, the employee may, within to (10) calendar days from the date of the decision by the appointing authority, submit a written appeal to the Executive Team. The Executive Team shall review the grievance and respond to the employee within twenty (20) calendar (lays of receiving the appeal. The response shall be in writing and willbe considered ,in expression of management's viewpoint, and shall be the final administrative state of review. If tile time limits for ernployces' appeals at any step should elapse, the grievance shall. be considered withdrawn. Time limits may be extended by nlutual, consent. 11' the City fails to respond within the l:)rescribed time limits, the grievance will be deemed to have been denied and the employee may go to the next step. If the Executive Team fails to 18 respond within the prescribed time limit, the grievance will be deemed to have been denied and the employee will be deemed to have exhausted Iris/her ru n inisirative remedy. The employee may request the assistance of another person of his/her own choosing in preparing and presenting, his/her appeal art any level of review. Employees shall be assured freedom frole reprisal for using the grievance procedure. ,StwidrdTr iewince For ;t The City and the Association agree to create, prepare and implement a standard grievance form for use by all affected classifications represented by the Association. Grievance Mediation Either the employee or the Association may request the grievance be submitted to mediation prior to a decision being issued by the Executive Team. Upon request to mediate the grievance, the City shall make the formal, written request for a mediator from the California State Mediation and Conciliation Service. The choice of a mediator must be approved by both the Association and City before mediation may begin. If the employee or the Association requests that the grievance be subnri:tted to mediation prior to a decision being issued by the Executive Team, then the employee and/or Association shall pay any costs associated with the mediation. If the grievance was mediated and resolved, the mediator shall be requested to provide a written summary of the outcome; a description of the dispute and the resolution reached by the parties. If the grievance was mediated and not resolved, the mediator shall be requested to render a written, advisory opinion letter to the Association and City within 15 calendar days of the final mediation session. This opinion is norr-binding and is intended to advise the Association and City of the inediator's reconrniendation to settle the grievance. A1111CLE AMERICAN S' WF]rfl ISAIII LITI ±;S ACI Because the ADA requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agreed (hat the provisions of this agree trent may be set aside in order for the City to avoid discrimination relating to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment. The Association recognizes that the City has the legal obligation to meet with the i:u'lividual employee to be accommodated be erre any adjustment: is made in working conditions. The Association will be notified of these proposed accommodations prior to implementation. 19 Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance procedure. Prior to setting aside any provision of this agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide the Association with written notice of its intent to set aside the provision, and will allow the Association the opportunity to discuss options to setting aside of any provision. ARTICLE XI DRUG AND ALC,01 01, ABUSE POLICY Section A. Purpose It is the purpose of this policy to eliminate substance abuse and its effects in the workplace and to ensure that employees are in a condition to perform their duties safely and efficiently, in the interests of their fellow workers and the public as well as themselves. Section B. Policy It is the City's policy that employees shall not be under the influence of or in possession of alcohol or dnigs while on City property, at: Nvork locations, or while on dusty; shall not utilize such substances when they have a reasonalble expectation of call in for duty; shall not possess, provide or sell illegal drrtgs to any other employee or to any person while on duty; nor have their ability to work impaired as a result of the use of alcohol or drugs. While use of medically prescribed medications and drugs is not per se a violation of this policy, the employee must notify his/her supervisor, before beginning work, when taking medications or drugs (including the possible effects of taking such medication and drugs) which could foreseeably interfere with the safe and effective performance of duties or operation of equipment. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from their physician may be required. The City is committed to providing reasonable opportunity for rehabilitation for those employees whose drug or alcohol problem classifies them handicapped under federal and/or state law. Persons whose use of drugs or alcohol prohibits them from performing the duties of their position, or whose use constitutes a direct threat to property or the safety of others, are not considered handicapped under federal or state law. Section C. Application This policy applies to all employees of the City of Baldwin Park. This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job. 20 lm?r icy e Rs s p— '; j_ e. An employee must: 1. Refrain from the use of, or possession of, illegal drugs or narcotics while on duty; 2. Not report to work while his/her ability to perform job duties is impaired due to alcohol or drug use; 3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours or at any time while on City property; 4. Not directly or through a third party sell or provide illegal drugs to any person, including any employee, while either employee or both employees are on duty; 5. Notify his/her supervisor, before beginning work, when having consumed alcohol or when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of equipment; 6. Report to their supervisor of any criminal drug statute conviction no later than five (5) days after such conviction; 7. Report to the supervisor when they have knowledge of objective evidence that other employees may be under the influence of drugs or alcohol or engaging in illegal drug related activities. Employees who believe they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance through their medical plans or through other resources available in their community. While the City will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those who continue to be substance abusers and do not seek help. 1vl t � � ami x�t RqI Oly,,i lit e 1. Managers and supervisors are responsible for reasonable enforcement of this policy. 2. Notify the affected contract/granting agency within ten (10) days after receiving notice of any conviction. 3. Prepare and distribute to all employees, a summary of available benefits through the various health plans. Information to be distributed through the Personnel Services office. 4. To treat any cases where rehabilitation is recommended or already underway as a medical situation, subject to current medical leave policies. 21 To maintain strict confidentiality on all matters arising under the provision of this policy. Medical information, if necessitated, will be maintained by Personnel Services in separate, secured files. Information will only be shared where there is a bona fide "need to know" by management in instances where referrals, rehabilitation, medical leaves, work accommodation, discipline or other employment related decisions are affected. 6, As with all policies and procedures, any incident or situation requiring management attention is expected to be given thorough and deliberate consideration before any final action is taken, especially in disciplinary cases. Decisions made on such cases under this policy will be subject to review by an individual's department head, and Personnel/Risk Manager. Al FICLX til" SMOKE FREE WORKPLACE Section 18, of the Personnel Rules and regulations, relating to smoking in the City workplace will be amended to read as follows: Section A. Purpose The purpose of this policy is to set forth City Council direction in regard to smoking by City employees in City facilities and to encourage non-smoking by City employees in the workplace. This policy is necessary because such smoking is recognized as a hazard to the health of smokers and non-smokers alike. All employees must be aware of the provisions of City Council Ordinance No. 1232 which prohibits smoking by anyone in and around City -owned premises and public parks and other recreational facilities. City owned premises is defined as a building or site owned and occupied, or leased and occupied, by the City of Baldwin Park for any municipal function, and includes the entire site of the City -owned premises and all structures thereon. City owned premises shall not include any public sidewalk adjacent to the sit of City -owned premises, nor any building owned in part by the Baldwin Park Redevelopment Agency which ios also partly owned by a private individuals or Owner Participation Agreement. City - owned premises include, but are not limited to, City Hall, the City Yard, and the site occupied by the City Housing Authority. Public Park means any park, roadside rest, or other site designated by the City of Baldwin Park for any recreational purpose which is owned, managed or controlled by the City, and includes the entire site of the public park, all structures thereon, and any public sidewalk adjacent to that site. Public park includes, but is not limited to, the Julia McNeill Senior Center, the Esther Snyder Community Center, Morgan Park, Barnes Park, Hilda Solis Park, Walnut Creek Nature Park, and the Baldwin Park Teen Center and Skate Park. 22 This policy governs all areas of city -owned buildings not considered to be public access areas and not therefore, governed by Ordinance No. 1232. These areas would include employee offices; rooms or hallways not normally open to the public, employee lounges, and kitchens, lunchrooms and employee break rooms, workstations, locker rooms, city vehicles and other common employee areas. Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe, cigar or cigarette or any other device used for the burning of tobacco or other similar combustible material, so that the person in possession thereof can inhale and exhale the smoke there from. Policy (This policy will supersede the policy effective September 7, 1989) Effective January 1, 1995, smoking in all areas of City -owned buildings and City - owned vehicles, is prohibited. Should any dispute arise from this policy, it shall be directed to the Executive Team. Section B. Procedure The Maintenance Division shall be responsible for posting and maintaining all signs in accordance with the standards approved by the Executive Team. Signs in private offices shall be the responsibility of the office occupant. "No smoking" signs shall be available from the Maintenance Division. Those managers and supervisors closest to employee work sites are hereby charged with the implementation of and compliance with this policy. The Executive Team is ultimately responsible for such implementation and compliance. The Human Resources Manager shall be responsible for updating this policy as necessary and communicating this policy to all employees. No person shall discharge, discipline or in any manner retaliate against any employee because such employee exercises any rights afforded by this policy. ARTICLE XIII LIMirFED lel OP'ENE I The purpose of this reopener shall be limited, except as provided below, to proposed modifications in existing MOU language. The reopener shall not result in any increase or decrease in compensation, but shall be utilized to address any MOU ambiguities and/or non - compensation related policies and procedures. Notwithstanding the above limitations to the subject matter of a reopener, a reopener may be requested where another City bargaining unit has had a Cost of Living Adjustment. The City shall provide written notice to the Association of its intent to invoke this section, and a description of the precise language changes that are proposed. City -proposed language changes shall not be implemented without completion of the meet and confer process and as appropriate, completion of any impasse -resolution procedures. 23 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year noted. CLASSIFIED CONFIDENTIAL EMPLOYEES ASSOCIATION f Lisa Kling, Riveepresei*d CITY OF BALDWIN PARK Manuel Lozano, Mayor Rosa Caballero, Representative Date �aa o�.� 71 Date 24 ATTACHMENT #2 RESOLUTION NO. 2015-055 MEMORANDUM OF UNDERSTANDING CITY EMPLOYEESS ASSOCIATION RESOLUTION NO. 2015- 055 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE CITY EMPLOYEES ASSOCIATION (CEA) YEARS 2014-2017 WHEREAS, the representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the City Employees Association to make equitable adjustments to wages and other terms and conditions of employment, and WHEREAS, a Memorandum of Understanding prepared by said representatives has been presented to the City Council for ratification, and WHEREAS, a majority of the unit members from this group voted to approve the Memorandum of Understanding. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. That this City Council does hereby approve and authorize the City of Baldwin Park's Mayor to sign the "Memorandum of Understanding between the City Employees Association and the City of Baldwin Park" attached hereto as Exhibit A. The Memorandum of Understanding for employees represented by the City Employees Association is hereby effective for the period of July 1, 2014 through June 30, 2017. SECTION 2. Resolutions or portions thereof in conflict hereby are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall forward a certified copy hereof to each Department Head and the Human Resources Manager. PASSED AND APPROVED this 5th day of August, 2015 Manuel Lozano Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss, CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin the foregoing Resolution was duly and regularly approved and of the City of Baldwin Park at its regular meeting of the 5th following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCILMEMBERS: ALEJANDRA AVILA CITY CLERK Park, do hereby certify that adopted by the City Council clay of August 2015, by the < <»\}�+«� `«\ C�i% /\\�\ ^ ® ^»±�>°\§7 :< � . � � � �� d » � «� < 1 ..\ \ \ / © < s )\.� \<{2 »\ [. �.\\%z» \ � / \�� \ \�} a « i {,<.�, ASSOCIATION ( b »\� . \}(■ : :.:. w TABLE OF CONTENTS ARTICLE I SCOPE OF MEMORANDUM OF UNDERSTANDING ........................................... I ARTICLE II PARTIES AND RECOGNITION............................................................................ 1 Section A. Appropriate Unit- Professional/Technical Unit ......................................,.•.......•,,,,, 1 Section B. Appropriate Unit- Clerical Unit.............................................................................. 2 Section C. Terms of Agreement............................................................... ............................... 2 Section D. Separability Provision ............... ,,,...... .............. .....,., ,...,. .........,,,,. ....... 2 Section E. No Strikeout/Lockout Clause .............. ........ ........ ......... .................. ............. 2 SectionF. Non -Discrimination .................... ........................... .,............ . ........ .....,,.....,,,,,,,..,... 3 Section G. Full Understanding, Modification, and Waiver ...................................................... 3 ARTICLE III ASSOCIATION RIGHTS ....... ....... , ................... 3 Section A. Agency Shop Agreement ................... ..... .,..,.,.......w,. ...., ,.,, 3 Section B. Association Representatives .............. ......... ............a.... .,..........,...,, ..........,,... 5 ARTICLE IV MANAGEMENT RIGHTS ....__ ......___ .................. .......... ................ 6 ARTICLE V COMPENSATION AND SALARIES....,.... . ......... ........ ...... ............ 7 SectionA. Retirement.............................................................................................................. 7 SectionB. Salaries.......... ................................... ........... ............................ ........ ................ 8 SectionC. Bilingual Pay ..................................... .................... ,,...... ...,.......,.....,. .,...,,.. 9 Section D. Tuition Reimbursement ..................... ....... ......... ........ ..............,,.. ............... 9 SectionE. Acting Pay ........ ......... ...................._' ,..........__ ........ ......... ___ ...... .,.,..,.,.,. 9 ARTICLEVI BENEFITS ................................ ,,,....... ,............ ........... ,. ........, _ ........ 9 Section A. Health Benefits/Cafeteria Plan................................................................................ 9 Section B. Life Insurance .............................................. ........ ........... ,,,,,.,,, 10 Section C. Short Term/Long Term Disability......................................................................... 10 Section D. Deferred Compensation ..................... ....... ..................,..,,,,., , ,...,......... 10 SectionE. Child Care ........................................ . ................... ..,,......,...., ......., .............. 10 Section F. Retiree Health Care ...................... _ ........................ ...,.,........ ....... ,,........ ,...,.,,.., 11 ARTICLEVI HOURS............................................,...,,,....,..,,....,. .,....... ........ ....... .................. 12 SectionA. Work Period .................. ................... .................. ........ ........ ......... .............. 12 SectionB. Hours of Work ............................................. . .... ......... ................ 12 SectionC. Workday ....................................... ............... ........ .....,........,.. ........ ............. 12 Section D. Compensatory Time — Designated Classifications ........... ..................... — ....... ,.... 13 SectionE. Overtime .......................,...... ,.,,....... ......... ....,, ....... .,........... ,........ ..,...,,.,......,,... 14 SectionF. Holidays ............................................. ......,.... ............ ........ ........ ,,....16 Section G. Holiday Bank ................ ........ .................. .......... ..................17 ARTICLEVII LEAVES .............. .......... .___ ,...... ..,....,...... , ....... _ ,.,.,,...,.................., .......,,.,, 18 SectionA. Sick Leave .................. ....................... ........ ........ ..................... ......... ....... 18 SectionB. Vacation.......................M....,,..,,...., , ..........•....... .. ............ ........................ 18 Section C. Bereavement Leave ....................... ......... ,,..-.,...,......... ..,, ,,...... ............... 19 SectionD. Military Leave ........................... ......... ................ ....... ........ ....................... 20 SectionE. Jury Duty.,.,, .............. ....... ............. ................................ ....... ....,,,. .............. 20 Section F. Training/Conference Leave ......................................................... ..................... 20 Section G. Injury on Duty .................................. ........... ....... ....... ....,,.., ....... 20 ARTICLE VIII POLICIES AND PROCEDURES .. ... ...... ........ .................., ............. 21 Section A. Written Warnings/Reprimands.......................... _.................... .,.,,...,,........ ..... ,,..,, 21 SectionB. Layoff Policy .................... — ........... ,..... ____ ..... ..,._,., .....,,. ..,...... .,.,,.,....... 21 Section C. Emergency Preparedness Policy ....... ...... ............... •.......,,. ...•... ..•.•........ 21 Section D. Personnel Rules ......................................... ...... __ ....... ..... .......,.......,,.,,,.,, 21 Section E. Section F. Section G. Section H. ARTICLE IX Section A. Section B. ARTICLE X ARTICLE XI Section A. Section B. Section C. ARTICLE XII Section A. Section B. ARTICLE XIII Labor/Management Committee ......... ,..,....... 21 Pre -Employment Drug and Alcohol Testing .............................. ........ ___ ......... ,. 21 "Y" Rating........................... ........... ......... ......................, ............ 22 SalarySurvey ...... .................................... ............... .. ......... ........ .............. 22 GRIEVANCE PROCEDURE ................. ........ .............,..... ............. 22 Definition........... .............. ................ ...,..........,,.........,. ......,........... ....,....,.. 22 Procedure.. ........... ....... ............ ,............ ......,... ..... .................. . ......,..... 22 AMERICAN'S WITH DISABILITIES ACT ......................................................... 24 DRUG AND ALCOHOL ABUSE POLICY.....„.................................................... 24 Purpose............................................................. ........... ...... ..,....... ,...,............ ,...,...., 24 Policy.................... .......... ....... ____ ... ,...... ........ . ................,.... .., ....,..,...... 25 Application....................... . ........................ ....... , ... ,............. ........ 25 SMOKE FREE WORKPLACE ..................... ........ ........ ,..... .. .................... 26 Purpose,,.,. ........................ ..... ................. ........... .......................... ............. 27 Procedure................ ........ .............. ................. . ........ .............. ....... 28 LIMITEDREOPENER ..................................................,....... ........, .............. 28 PREAMBLE The City of Baldwin Park, a municipal corporation, and the Baldwin Park City Employees Association, a recognized employee organization, have been meeting and conferring in good faith consistent with Section 3500 et seq., of the Government Code and have reached agreement as a result of such meetings. ARTICLE I SCOPIC OF MEMORANl)UM OF UNDERSTANDING It is the intent and purpose of the Memorandum to set forth mutually beneficial working and economic relations between the parties hereto and to provide an orderly and peaceful means of resolving any misunderstandings which may arise, and to set forth the total and complete understanding and agreement between the parties regarding wages, hours, and other terms and conditions of employment. ARTICLE II PARTIES AND RECOGNI 11 ON The Memorandum of Understanding is made and entered into between the Management representatives of the City oaf laaldwi.ci llw,-]�, hereinafter referred to as the "(,Ity" arj,id r:.eprescartatkves of the Baldwin Park City L?.rnployces Association, hcreinaller rct'erred to as the "Associaztiolf', as formally recognized exclusive representative of (Iie gci�ie acl wait, of City e�riilaloyces pu suati�tto the Meyers-Milias-Brown Act. Section A. Appropriate Unit- Professional/Technical Unit The classifications covered by this unit are: Accountant Assistant Engineer Assistant Planner Associate Engineer Associate Planner Building Inspector Building Official Code Enforcement Officer Economic Development Projects Coordinator Engineering Technician Engineering Assistant Housing Quality Standards Inspector Housing Programs Coordinator Information Systems Analyst Information Systems Supervisor Information Systems Support Technician Lead Code Enforcement Officer Management Assistant Management Analyst Plan Check Engineer Planning Technician Program Coordinator Program Supervisor Public Works Inspector Public Works Operations Supervisor Redevelopment Projects Coordinator Rehabilitation Housing Specialist Senior Accountant Senior Finance Clerk Senior Housing Specialist Senior Redevelopment Projects Coordinator Section B. Appropriate Unit- Clerical Unit The classifications covered by this unit are: Administrative Clerk Administrative Clerk II Construction Clerk Finance Clerk Housing Specialist Housing Technician Imaging Specialist Section C. Terms of Agreement The parties have met and conterr°ed in good faith regarding wages, hours and other terms and conditions of eniploynrent and it; is mutually agreed that this Memorandum of Understanding shall be effective upon ratification of the City Council and ending on June 30t`, 2017. Section D. Separability Provision if any provision or the application of any provision of this agreement as implemented should be rendered or declared invalid by any final coua action of coanpcterat jurisdiction, the remaining sections of this agreement shall retnaa n in full ft)rce and effect for the duration. of said agreement. In the event any section of this Memorandum is declared invalid, the City agrees to meet and confer with the Association regarding the impact or implementation of the court order. Section E. No Strikeout/Lockout Clause 1. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not cause or condone any strike, walkout, slowdown, sickout, or any other job action withholding or refusing to perform services. 2. Any employee who participates in any conduct prohibited in part 1 above may be subject to disciplinary action up to and including discharge. 3. The City agrees that it will not lock out any employee at any time. 2 4. In the event that anyone or more officers, agents, representatives, or members of the Association engage in any of the conduct prohibited in part 1 above, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation if this MOU and is unlawful and they must immediately cease engaging in conduct prohibited in part 1 above and return to work. Section F. Non -Discrimination The provisions of the Memorandum shall be applied equally to all employees without unlawful discrimination as to age, sex, marital status, race, color, ancestry, religious creed, national origin, political affiliation or (when the nature of work permits) physical handicap. Any violation of this by the recognized employee organization shall also be subject to immediate correction and possible loss of recognition. All references to employees in this Memorandum designate both sexes, and whenever one gender is used it shall be construed to include both, where appropriate. Section G. Full Understanding, Modification, and Waiver It is intended that this agreement sets forth the full and entire understanding of the parties regarding matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are superseded or terminated in their entirety. Except as specifically provided herein; it is agreed and understood that both parties voluntarily and unqualifiedly waives their right, and agree that the other party shall not be required to negotiate with respect to any subject or matter covered herein during the term of this agreement. Nothing contained herein shall preclude the parties from mutually agreeing to meet and confer. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. The waiver of any breach, term and or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. ASSOCIA]""ION RIGHTS Section A. Agency Shop Agreement The City and Association mutually understand and agree that in accordance with State of California law, per adoption of SB 739, and the Agency Shop election previously held, a simple majority of ballots cast by regular employees in classifications represented by the Association voted to be covered by an Agency Shop agreement. As a result of the Agency Shop election, as a condition of continued employment, this Agency Shop agreement hereby requires that all bargaining unit employees: a) Elect to join the Association and pay Association dues b) Pay an agency fee for representation c) Or with a religious exemption, pay a fee equal to the agency fee to be donated to selected charities. The following agency shop provision will be implemented, in conformity with California Government Code Section 3502.5 and applicable law. r" ssoci�atioli Q)uIe�r/A I°ee Q)Jlect"ao!a During the term of this MOU, the City agrees to collect, through payroll deduction, Association dues, agency fees and religious exemption fees from all employees who have signed a written authorization and a copy of that authorization has been provided to the Human Resources Department. The City shall be held harmless by the Association in performing this responsibility. New R lire Notil:�c atio l _ All new hires in the Association shall be informed by the Human Resources Department, at the time of hire that an Agency Shop agreement is in effect for this classification. d'giota_E"N' ! tl��1� ira Any employee who is a member of a bonafide religion, body, or sect who has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support the organization. Such employee shall, in lieu of periodic dues or agency shop fees, pay sums equal to said amounts to a non -religious, non -labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Those fees shall be remitted by the City, at the choice of the employee, to one of the following non -labor, non -religious charitable organizations: American Red Cross or United Way. To qualify, the employee must provide the Association, with a copy to the City, a written statement of objection, along with verifiable evidence of membership in a religious body as described above. The City will implement the change in status within thirty (30) days unless notified by the Association that the requested exemption is not valid. Employe th a e l aryl 1 'Ipp r az° m i g a� a i () a o t' .L] 1?. t Le avC wa Employees on an unpaid leave of absence or temporarily assigned out of the unit shall be excused from paying dues, agency shop fees, or charitable contributions. Indemnification The mAssociation agrees to fully indemnify, defend, and hold harmless, the City, its officers, employees, and agents against any claim, action, liability judgment or settlement as a result of implementing and maintaining the agency shop agreement. 2 Records The Association shall keep an itemized record of its financial transactions and shall make a detailed written annual financial report available to the City and all the unit members. The Association certifies that is has adopted, implemented, and will maintain constitutionally acceptable procedures to enable non-member agency shop fee payers to meaningfully challenge the propriety of the uses to which service fee funds are put in accordance with applicable law. Section B. Association Representatives 1. The Association may designate one officer, board member and representative, who shall be permitted to assist bargaining unit members in the investigation, processing and presentation of grievances, disciplinary actions, the meet and confer process and all activity necessary to facilitate the efficient resolution of any labor- management dispute. 2. The Association shall notify the City in writing of the names of all board members, officers, and representatives who are authorized to represent the employees in the bargaining unit. 3. The City agrees to grant reasonable access to employee work locations of officially designated representatives for the purpose of processing grievances in accordance with this Memorandum of Understanding. Each representative, upon notification to his/her immediate supervisor, may be permitted to leave his/her regular work location during work hours, for reasonable periods of time to perform the following functions with pay: a. To represent to a supervisor, a request for a grievance which the representative has been requested by any employee, or group of employees, to present to such a supervisor. b. Investigate any request for adjustment of grievance in the representative's division, and present such request for adjustment to the supervisor of the employee who initiated the grievance request. c. Attend meetings with management when the representative's presence is necessary to present the grievance for adjustment. 4. No representative shall leave his/her job or area of assignment while his/her presence is necessary for the safe and effective operation of his/her job; the determination to be made by the representative's immediate supervisor or appointing authority. 5. Each representative shall report to his/her supervisor the time leaving his/her work location to perform such duties as set forth herein. The representative shall report to the supervisor immediately upon completion of these duties. 6. When the presence of a representative is desired by an employee, or group of employees, for the presentation, investigation, and/or adjustment of a grievance and/or dispute, the employee or group of employees shall make a request to their 5 ARTICLE IV immediate supervisor. The supervisor shall arrange for a representative to be present as soon as possible, consistent with safe and efficient operating requirements. 7. Prior to entering any area in the fulfillment of their duties set forth herein, the representative shall notify the supervisor of that area of his/her presence and the reason for his/her business in that area. 8. The City agrees that the representative shall not be hindered, coerced, restrained or interfered with in the performance of their duties and responsibilities provided in the Memorandum of Understanding. 9. The Association and the employer agree hereto that each will cooperate with the other and reduce to a minimum the actual time spent by representatives in the performance of their duties under this Memorandum of Understanding. MANAGEM[:,NT RIGHTS Section A. All management rights and functions, except those which are clearly and expressly limited in this Memorandum of Understanding, shall remain vested exclusively in the City. It is expressly recognized merely by way of illustration and not by way of limitation that such rights and functions include, but are not limited to: 1. Manage the City 2. Schedule work hours 3. Establish, modify, or change work schedules or standards 4. Institute changes in procedures 5. Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline, or discharge any employee 6. Determine the location of any new facilities, buildings, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing, or closing of facilities, departments, or subdivisions thereof. 7. Determine services to be rendered 8. Determine the layout of buildings and equipment and materials to be used therein 9. Determine processes, techniques, methods, and means of performing work 10. Determine the size and characteristics of the work force 11. Determine financial policy including accounting procedures 12. Determine the administrative organization of the system 13. Determine the selection, promotion, or transfer of employees 14. Determine the size and characteristics of the work force 15. Determine the allocation and assignment of work to employees 16. Determine policy affecting the selection of new employees 17. Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required 18. Determine administration of discipline 19. Determine control and use of City property, materials and equipment 20. Schedule work periods and determine the number and duration of work periods 21. Establish, modify, eliminate or enforce rules and regulations 2 22. Place work with outside firms 23. Determine the kinds and numbers of personnel necessary 24. Determine the methods and means by which such operations are to be conducted 25. Require employees, where necessary, to take in-service training courses during work hours 26. Determine duties to be included in any job classification 27. Determine the necessity of overtime and the amount of overtime required 28. Take any necessary action to carry out the mission of the City in cases of an emergency 29. Prescribe a uniform dress to be worn by designated employees The exercise of the foregoing powers, rights, authority, duties and responsibilities by the City, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this contract, and then only to the extent such specific and express terms are in conformance with law. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the City is not subject to the grievance provision unless any such dispute is otherwise grievable under another Article of this agreement. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of management's rights shall impact on employees in the bargaining unit, the City agrees to meet and confer with representatives of the Association, upon request by the Association, regarding the impact of the exercise of such rights, unless the mater of the exercise of such rights is provided for in this Memorandum of Understanding or in Personnel Rules and Salary Resolutions. ARTICLE V COMPENSATION AND SALARIES Section A. Retirement 1 N l c Hired Before 1antiat 1 71i 1:IT The City contracts with the State of California Public Employees Retirement System (Ca1PERS) for the classifications contained in this agreement. The plan shall include the following options: 1. 2.7% @ 55 retirement formula (Government Code §21354.4); 2. Single highest year final compensation (Government Code §20042); 3. Military service credit as public service option (Government Code §21024); 4. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cents ($.93) per pay period (Government Code §21571); 5. Pre -Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. The City agrees to contract with CalPERS to include 1959 Survivors Benefit Level IV 8. $500 Retired Death Benefit 7 The City will pay 100% of the employer's contribution to the CalPERS retirement program and provide retirement benefits as currently specified under the City's contract with the California Public Employees' Retirement System. Effective concurrent with Council Resolution of the meet and confer process and upon ratification of this agreement, all unit members agree to pay 8% of the Net Employee Rate (currently 12.598%) for the PERS retirement contribution. All employee funding of employee retirement contributions shall be pursuant to Government Code section 20691. The City agrees to provide a 5% equivalent offset for the employee contributions as outlined in Article V, Section B, provided that the effective date of the offset shall occur when CalPERS approves or implements the change in retirement cost-sharing. This offset shall not be subject to Y -Rating under Article VIII Section G. All such employee contributions shall be deposited in the member's retirement account. New t'allll"RS Mernbers.11ired On or A fle hrng"t 1 2013 The City contracts with the State of California Public Employees Retirement System (CalPERS) for the classifications contained in this agreement. The plan shall include the following options: 1. 2% at 62 formula (Government Code §7522.20); 2. Three (3) year average final compensation period (Government Code §20037); 3. Pre -Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 4. Military Service Credit as Public Service (Government Code §21024) 5. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cents ($.93) per pay period (Government Code §21571); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. Employees will pay 50% of the normal cost, currently 6.25% member contribution to CalPERS; 8. The City agrees to contract with CalPERS to include 1959 Survivors Benefit Level IV 9. $500 Retired Death Benefit Section B. Salaries The City adopted a Seven Step Compensation Plan (5% between steps), which is made a part hereof, and is on file with the Human Resources/ Risk Manager or their designated representative(s) in the Human Resources Department. Such Compensation Plan may be amended or revised at the discretion of the City Council subject to the meet and confer process. Effective concurrent with Council Resolution of the meet and confer process and upon ratification of this agreement, the City will provide for a 5% equivalent unadjusted base salary increase to the seven step compensation plan for the offset to the employee contribution to CalPERS as outlined in Article V, Section A. 8 In addition to the 5% equivalent offset base salary increase, the following unadjusted base salary increases shall be provided to all represented employees of this Association: a) Retro -active to the first payroll period commencing on or after July 1, 2014 — 1% b) Effective the first payroll period commencing on or after January 1, 2015 — 2% c) Effective the first payroll period commencing on or after July 1, 2015 — 2% d) Effective the first payroll period commencing on or after July 1, 2016 — 2% Section C. Bilingual Pay The City shall pay an additional $100.00 per month to a person who is capable of speaking reading and writing and/or interpreting the languages of Spanish, Chinese, Japanese, Vietnamese, Tagalog, and Sign Language. Determination of capability shall be made by qualifying tests established by the City. Re -testing of individuals will be required to determine bilingual capability in the above stated languages. Only those individuals who score at the level of "Good" or better will be eligible for bilingual pay. Section D. Tuition Reimbursement Section 2.8 of the City's Personnel Rules and Regulations shall be amended to provide that the tuition reimbursement described therein shall allow for reimbursement eligibility for full time employees who have passed original probation shall be in the amount not to exceed $1,500 per fiscal year. Personnel Rules §2.8 shall be concurrently amended to provide that tuition reimbursement shall be allowed only for courses provided by an accredited college or university and in a field of study reasonably related to the employee's duties and which are deemed appropriate by the Executive Team. Section E. Acting Pay Section 4.4 of the City's Personnel Rules and Regulations shall be modified by this agreement to provide acting pay after twenty (20) continuous working days. All other provisions of Section 4.4 shall remain in their current form. This amendment shall apply only to members of the City Employees Association, Professional Technical Employees Unit and Clerical Unit. ARTICLE VI BENEFITS Section A. Health Benefits/Cafeteria Plan Medical ajid Dental The City will contribute to each employee in the bargaining group a sum not to exceed $950.00 per month towards benefits as detailed in this section. 0 The employee is required to maintain a minimum coverage for him/herself in a plan of their choice unless the employee can show proof that they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly allowance, such employee will have an option to have the excess monies placed towards an existing benefit program. These options include: 1. Placement in a City provided health insurance plan for two (2) party or family coverage. 2. Placement in a City provided dental plan for self, two (2) party or family coverage 3. Placement spread over a combination of the options listed above. 4. Elect to receive any excess monies in cash, which will be considered as taxable income, or 5. Elect to place the excess cash monies in a City provided deferred compensation program. vision I�'l- ov ag The City will provide a vision plan to all affected employees, and will contribute up to a maximum premium cost of $34.05 per month. Any premium increase in excess of $34.05 per month shall be absorbed by the employee. Section B. Life Insurance The City shall provide a $50,000 term life and AD&D insurance. Section C. Short Term/Long Term Disability The City will pay 100% of the employee premium towards a short-term and long-term elisability program as l)rovided by (lie City of Baldwin Park. 'rhe Plan provides benefits cornmenc ng on tlae 31" day of a non -work related in'jt.iry or illness, and employees will. be eligible to receive a maximum benefit of 66 2/3 of their current base salary up to a maximum of $5,000 per month. Section D. Deferred Compensation The City currently offers two (2) established deferred compensation providers to its employees. Deferred compensation is a voluntary program wherein employees may elect to allocate salary to the City's 457 plans on a pre-tax basis in accordance with the provisions of the plan. Effective upon ratification of this contract, the City shall contribute $100.00 per month into a City sponsored deferred compensation plan. Prior to any changes in the current program/providers, the City agrees to meet in good faith with the CEA as part of the meet and confer process. Section E. Child Care The City's Before and After School Care (Latch Key) Program shall provide same privileges to employees as residents of Baldwin Park. Section 125 Plan is available for employee's use. 10 Section F. Retiree Health Care I� j10 , f ltred 1Jcfore July l" X111.5 For all employees hired prior to July 1, 2015, if upon retirement the employee enrolls in the City's CalPERS medical care plan, the City will pay the minimum employer contribution to CalPERS that is required by Government Code section 22892. In addition, the City will also pay into the retiree's individual health reimbursement account, or similar reimbursement plan, an amount equal to the difference of the City's minimum employer contribution required by Government Code section 22892 and the premium cost for retiree -only coverage in the retiree's chosen medical plan 11p loy s l it d On or fi l lolly 1 201 For all employees hired on or after July 1, 2015, if upon retirement the employee enrolls in the City's CalPERS medical care plan, the City will pay the minimum employer contribution to CalPERS that is required by Government Code section 22892. In addition, the City will make a contribution to the retiree's individual health reimbursement account, or similar reimbursement plan, based upon the employee's years of service to the City as follows: 6 to 10 full years of service: 20% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to CalPERS 11 to 15 fall years of service: 40% of the premium cost for retiree only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to CalPERS 16 to 20 full years of service: 60% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to CalPERS. 21 to 25 full years of service: 80% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to CalPERS. 26 full years of service or more: 100% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to Ca1PERS. 11 ARTICLE VI HOURS Section A. Work Period The work period for all employees within the bargaining group shall be seven (7) days in length commencing on Sunday, at 12:O1a.m. Section B. Hours of Work Employees assigned to a 4/10 work week shall normally work Monday through Thursday 7:30a.m. to 6:OOp.m., however, employees may work a flexible 4/10 plan dependent upon their work assignment. Employees assigned to a 9/80 work week shall normally work Monday through Thursday, 6:30a.m. to 4:OOp.m. and on each scheduled Friday shall work 6:30a.m. to 3:OOp.m., however, employees may work a flexible 9/80 plan dependent upon their assignment. Employees assigned to a 5/40 workweek shall normally work Monday through Friday and the actual hours worked will be dependent upon their work assignment. Section C. Workday Employees working the 4/10 shall have a standard workday consisting of ten and one- half (10 1/2) hours with nine hours and fifty minutes of work time and forty (40) minutes as a non -paid unrestricted meal period. Meal periods shall be in accordance with department administrative guidelines. Employees working the 4/10 will be provided with two (2) ten (10) minute rest breaks during the day, one each approximately at the midpoint of each one-half workday. Rest time is not cumulative beyond the scheduled workday within which the break period occurs nor may it be used to extend lunch or shorten the workday. Employees working the 9/80 shall have a standard four (4) days consisting of nine and one-half (9 1/z) hours, nine (9) hours of work time and thirty (30) minutes as a non -paid unrestricted meal period. Employees shall have a standard fifth day consisting of eight and one-half (8 1/2) hours, eight (8) hour of work time and thirty (30) minutes as a non - paid unrestricted meal period. Employees working the 9/80 will be provided two (2) fifteen (15) minute rest breaks during the day, one each approximately at the midpoint of each one-half workday. Rest time is not cumulative beyond the half scheduled workday within which the break period occurs nor may it be used to extend lunch or shorten the workday. 12 Employees working the 5/40 shall have a standard workday consisting of nine (9) hours, eight (8) hours of work time and one (1) hour as a non-paid unrestricted meal period. Meal periods shall be in accordance with department administrative guidelines. Employees working the 5/40 will be provided two (2) fifteen (15) minute rest breaks during the day, one each approximately at the midpoint of each one-half workday. Rest time is not cumulative beyond the half scheduled workday within which the break period occurs nor may it be used to extend lunch or shorten the workday. 1, 1?grirnc,ntal Alleniitive' 'or SgJ)c U1 The City agrees to implement an experimental 4/10 plan for all employees assigned to City Hall and for all professional and technical employees assigned to the Community Center. The City agrees to implement an experimental 9/80 plan for all employees assigned to the Maintenance Facility. The Association recognizes that the City may, at its sole discretion, end the 4/10 and/or 9/80 plan upon reasonable notification to the Association. The termination of such plan(s) is not subject to the grievance process or any other administrative review. The Association recognizes that the 4/10 and/or 9/80 plan is not a vested right in any manner, and that the termination of such 4/10 and/or 9/80 plan is not subject to the meet and confer process or meet and consult process. The Association further recognizes that the implementation of the 4/10 and/or 9/80 plan does not create any additional overtime obligation for the City under the Fair Labor Standards Act. The City may adjust employees work periods as necessary so that their forty (40) hours of scheduled work does not overlap into another work period to avoid an overtime obligation. The City does agree however, that should 9/80 experimental work schedule be terminated, that benefit levels/accruals and working conditions that were modified to accommodate the alternate work schedule(s) will revert to the levels/accruals and working conditions in existence prior to September 27, 1992 or April 12, 1993. The Association does agree, that as a result of the reorganization of the Public Works Department, the positions of Public Works Operations Supervisor and Public Works Inspector are now represented by the Association, and that these positions will be assigned to a 9/80 schedule, whether assigned to the City Hall or the Maintenance Facility. Section D. Compensatory Time — Designated Classifications Although the following classifications are part of the Professional and Technical Employees Association, for purposes of the Fair Labor Standards Act, they are designated to only receive compensatory time. Accountant 13 Accounting Supervisor Assistant Planner Associate Planner Building Official Engineering Assistant Engineering Associate Housing Programs Coordinator Information Services Technician Information Systems Supervisor Plan Check Engineer Program Supervisor Senior Accountant Section E. Overtime All employees, (except those designated to only receive compensatory time) required to perform in excess of the standard work period of forty (40) hours in a seven (7) day cycle shall receive compensation at the rate of time and one-half his/her base pay of pay, plus bilingual pay. In lieu of receiving cash payment for hours worked in excess of forty (40) hours during the seven (7) day work period, an employee may elect the option of earning compensatory time, and shall have a cap of eighty (80) hours placed on the accrual of compensatory time off. Positions designated in Article II Section B of this agreement may, in lieu of receiving cash payment for hours worked in excess of forty (40) hours during the seven (7) day work period, elect the option of earning compensatory time, and shall have a cap of forty (40) hours placed on the accrual of compensatory time off. Employees designated to only receive compensatory time shall have a cap of eighty (80) hours placed on the accrual of the compensatory time off. Hours in excess of eighty (80) shall receive compensation at the rate of time and one-half in accordance with the overtime provisions of this MOU. The times during which an employee may take his/her compensatory time shall be approved by the department head with due regard for the wishes of the employee and for the needs of the service. 'g.yout Provision On or before December 31 of each year, an employee shall reduce his/her accrued compensatory time bank to forty (40) hours or less. Any time in excess of forty (40) hours shall be paid at the employee's current straight time rate unless advance, written approval of the employee's department head and the Chief Executive Officer is obtained to carry over all or part of the excess of forty (40) hours. Upon separation from City service, an employee shall be compensated for all accrued compensatory time of eighty (80) hours or less at his/her straight time hourly base rate. 14 EF[gil ilif for OyetOme Couipciisatioii In determining an employee's eligibility for overtime compensation or accrual of compensatory time in a work period, paid leaves of absences and unpaid leaves of absences shall be excluded from the total hours worked. Paid leave of absences include, but are not limited to, the following: Vacation Holiday Leave Jury Duty Administrative Leave Bereavement Leave Sick Leave Military Leave Worker's Compensation Leave (IOD) Compensatory Leave All overtime requests must have the prior written authorization of a supervisor prior to the commencement of such overtime work. Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty time are considered as authorized. An employee's failure to obtain prior written approval, or explicit verbal authorization followed by written authorization, will result in the denial of the overtime request. CpI.I Bacl Call back duty occurs when an employee is ordered to return to duty on a non -regularly scheduled work shift. Call back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of two (2) hours work commencing one-half (1/2) hour before he/she reports to duty. Any hours worked in excess of two (2) hours shall be credited on an hour for hour basis for actual time worked. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever. However any time that involves driving after reporting to the work site will be compensable under this Agreement. Call back duty hours will be compensated at a premium overtime rate, irrespective of the total paid leave exclusion for the work period. Work performed at the Baldwin Park Anniversary Parade, 4th of July and Community Picnic annual events will also be compensated at a premium overtime rate, irrespective of the total paid leave exclusions for the work period. Non M����clatc��°�; Training Non mandatory attendance at training schools/facilities, which improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of the employee's normal work shift. Any time spent in excess of the normal work shift will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits is not compensable hours of work, even though the employee may be confined to campus twenty four (24) hours a day. 15 Travel Time Travel time to and from the training facility outside an employee's normal work shift is not compensable hours of work. Pol Cl tljg Time spent in changing clothes before or after a shift, or during lunch, is not considered hours worked and is not compensable in any manner whatsoever. Employees may be provided with a locker for their own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion. Section F. Holidays The City shall observe the following holidays: New Year's Day- January 1St President's Day- The third Monday in February Merii,mial Flay- J'lie last Monday in May Indepeaadeiaee lay- July 4th Labor Day. -The first: Monday in September Veteran's Day- Noveaaaber 11th Thanksgiving Day- The fourth Thursday in November The Friday following the fourth Thursday in November (5/40 & 9/80 schedules only) Christmas Eve- December 24tH Christmas Day- December 25th 1gjj, Flo es a�s,giaed. to a 411(1(1(1 Wo rk S aec t e If any of the foregoing holidays falls on a Friday or a Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. On January 1 of each year, each affected employee will be credited with ten (10) hours of leave for observance of Martin Luther King Day and ten (10) hours leave, for a total of twenty (20) hours. q" 2/80 Work Schedgle If any of the foregoing holidays falls on a Friday or a Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. On January 1 of each year, each affected employee will be credited with nine (9) hours of leave for observance of Martin Luther King Day and ten (9) hours leave, for a total of eighteen (18) hours. E!pp1qee.s assig)) to a 5/40 or Schedule 16 If any of the before mentioned holidays fall on a Saturday, the preceding Friday will be the holiday in lieu thereof. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. On January 1 of each year, each affected employee will be credited three (3) eight (8) hour days of floating leave, for a total of twenty-four (24) hours. Section G. Holiday Bank At the beginning of each calendar year, the City will determine how many of the above holidays fall on non -regularly scheduled work days, as determined by an employee's assigned work schedule. An employee will be credited with an equivalent number of hours of holiday time ("holiday bank"). The actual date for the use of such leave shall be subject to the approval of the employee's department head. For employees working a 4/10 work schedule this leave shall be used in increments of ten (10) hours. For employees working a 9/80 work schedule this leave shall be used in increments equivalent to the work day being requested for time off, i.e., a standard nine (9) hour work day or a "Friday" eight (8) hour work day. However, upon implementation by the City of accounting procedures and methods whereby use of holiday leave in increments of one (1) hour or more can be reasonable documented, affected employees shall be provided the option of using holiday leave in such amounts of time. Although the City shall endeavor in good faith to institute such an accounting process, it shall remain in the sole discretion of the City to determine when such a modified accounting can be reasonable implemented. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. Pgyo If an employee, because of business necessity, is not able to utilize excess accrued holiday bank hours, upon written request to, and approval of the department head, an employee may be paid for any excess hours over their maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. 17 ARTICLE VII Section A. Sick Leave LEAVES Every full-time employee represented by this agreement shall accrue sick leave beginning the first full pay period of employment at the rate of 3.693 hours for each pay period of service completed with the City. hiceptiv 1'rc �rznt Each eligible employee shall elect their maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at no less or no more than 75% of the total value, with the timing and methods of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave hours accrual bank. Section B. Vacation All affected employees shall accrue vacation leave in accordance with the following: a. Employees having less than five (5) years employment (vacation accrual = 96 hours per year), the maximum amount of vacation that may be accumulated shall be 192 hours. b. Employees having more than five (5) years but less than ten (10) years of employment (vacation accrual = 120 hours per year), the maximum amount of vacation hat may be accumulated shall be 240 hours. C. Employees having more than ten (10) years but less than fifteen (15) years of employment (vacation accrual = 144 hours per year) the maximum amount of vacation that may be accumulated shall be 288 hours. d. Employees having more than fifteen (15) years but less than twenty (20) years of employment (vacation accrual = 168 hours per year), the maximum amount of vacation that may be accumulated shall be 336 hours. Employees having over twenty (20) years of employment (vacation accrual = 192 hours per year) the maximum amount of vacation that may be accumulated shall be 384 hours. 18 Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. The times during which an employee may take his/her vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service. Employees shall, each calendar year, be required to take a minimum of forty (40) consecutive hours vacation leave. In addition, an employee may, with approval of the department head use vacation leave in lesser increments during the calendar year. Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave with approval of the department head. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year, in accordance with Subsections (a), (b), (c), (d) and (e), as stated above. If an employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to, and approval of the department head, an employee may be paid for any excess hours over their maximum vacation hours accrual. Each January 1, such excess hours will be removed from the employee's vacation hours accrual, calculated at their then straight time hourly rate and placed into a vacation hours bank to be paid no later than June 30 of the same year. Employees will be notified on a quarterly basis of their current and potential maximum vacation accrual for the calendar year to assist them in the reduction of excess accrued vacation hours. In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as vacation leave and the vacation leave shall be extended or credited accordingly. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave. Section C. Bereavement Leave Each affected employee in the covered classifications shall receive the equivalent of their workweek per incident, as needed, because of a death in their immediate family. Immediate family shall mean and include only: Employee's: spouse, children, brothers, sisters, parents, grandparents, step -children, foster children, grandchildren, and State registered domestic partners. Spouse's: Parents, and grandparents 19 Said time will not be cumulative from one twelve (12) month period to another nor will pay in lieu of unused leave for bereavement is provided. Section D. Military Leave An employee granted military leave pursuant to Section 11.6 of the Personnel Rules shall not be granted additional compensation when such leaves extends beyond the employee's regularly scheduled workweek. Section E. Jury Duty An employee granted jury duty leave pursuant to Section 11.7 of the Personnel Rules shall not be granted additional compensation when such leave extends beyond the employee's regularly scheduled workweek. Section F. Training/Conference Leave When an employee is scheduled to attend a conference or training program Monday through Friday, his/her work hours will be 8:OOam to 5:OOpm Monday through Friday so there is no issue that he/she is eligible for overtime while attending the conference or training. Section G. Injury on Duty Any employee who is injured within the scope of employment with the City will receive workers' compensation benefits as provided under the California Labor Code. While any employee is on an injury on duty (IOD) status, his/her work hours will be consistent with their regular scheduled work shift, so there will not be an issue or conflict regarding said employee's eligibility for overtime while receiving treatment or keeping doctor's appointments. l idustrial lr)i�iry jeriel'its This language shall supersede the language in City Personnel Rule Section 11.5 which applies to Non-Sworn/Miscellaneous employees. Said Personnel Rule language is superseded by this MOU provision and the applicable Personnel Rule language is null and void. Any non -sworn (non -peace officer) employee injured in the course and scope of employment and whose injuries are subject to the Workers' Compensation laws of the State of California, shall be eligible to receive only those benefits provided to non - sworn (non -peace officer) employees by the Workers' Compensation laws. 20 ARTICLE VIII POLICIES NI PROCEDURES Section A. Written Warnings/Reprimands Written warnings/reprimands issued pursuant to Section 14 of the Personnel Rules and Regulations shall not be subject to advisory arbitration. The final step of administrative appeal shall be the Executive Team. An employee shall have the right to attach a written rebuttal to any written warning/reprimand placed in his/her personnel file. A written warning/reprimand may be removed from an employee's personnel file, upon written request to and written approval from their department head, if he/she has not been involved in any subsequent incidents that resulted in written corrective counseling or other management action for a period of five (5) years from the date the most recent notice was issued or management action taken. Section B. Layoff Policy The parties agree to continue the meet and confer process on the City's current Layoff Policy, contained in Section 13 of the Personnel Rules. Any language changes to the current Section will be submitted by the Association prior to the commencement of the meet and confer process. Notwithstanding the language contained in Section 13 of the Personnel Rules, affected employees in the CEA will be entitled to a minimum of three (3) months health, dental and vision benefits paid for by the City, if a layoff takes place. Section C. Emergency Preparedness Policy The parties agree to continue the meet and confer process on the "Emergency Preparedness Policy", including specifics as to when bargaining unit members should respond before or after their normal work shift. Section D. Personnel Rules During the term of this agreement, both parties agree to meet and confer on the content and implementation of new and/or revised Personnel Rules and Regulations as needed. Section E. Labor/Management Committee The City agrees to maintain a labor/management committee for discussion of general issues of mutual concern to the City and the Association. Section F. Pre -Employment Drug and Alcohol Testing The parties agree that all new hires, effective the date this agreement is signed, will be subject to pre-employment alcohol and drug testing. Employment will be contingent upon the results of this testing. 21 Section G. "Y" Rating "Y" rate exists when an employee's salary is frozen at the present level until such time as subsequent general salary increases catch up with or exceed the employee's salary at the "Y" rate. An employee receiving "Y" rate shall remain at "step Y" until such time as the position is assigned to a salary range in which the last step is equivalent to or higher than the "step Y". Such employee shall not receive salary adjustments until such time as "Step Y" is equivalent or less than Step 7 of the salary range of the employee's position. Section H. Salary Survey ARTICLE IX Section A. Section B. The City and Association agree, during the term of this MOU, to collect and compile salary survey data on classifications represented by the Association with respect to agencies comparable to Baldwin Park. G1I1ENANC:1+ PROCEDURE Definition A "grievance" is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. Other matters for which a special method of review is provided by law, ordinance, resolution, or by administrative regulations and procedures of this City, are not within the scope of this procedure. Section 15 of the Personnel Rules shall be modified by this agreement to provide the utilization of the grievance procedure for those employees who receive performance evaluations rated at the level of marginal and/or unsatisfactory. This amendment of Section 15 shall apply only to the members of the General Unit of Clerical Employees Association. Procedure IItiforinal Resolution Every effort shall be made to resolve a grievance through discussion between the employee and his/her immediate supervisor. It is the spirit and intent of this procedure that all grievances are settled quickly and fairly without any subsequent discrimination against employees who may seek to adjust a grievance. Every effort should be made to find an acceptable solution at the lowest level of supervisor. Within fifteen (15) calendar days after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant' s immediate supervisor. The immediate supervisor shall respond, in writing, within (7) calendar days of the discussion with the grievant. If the immediate supervisor does not respond within such time lime the grievant shall be entitled to process the grievance to the next step. 22 If the problem cannot be resolved between the employee and the supervisor, the employee may, within seven (7) calendar days from the date of receiving the answer from his/her supervisor, request and be granted an interview with the division head, if one exists, in order to discuss the grievance. The Division Head shall schedule an interview within (5) calendar days of the grievant's request. After the interview, the Division Head shall respond, in writing, within seven (7) calendar days of the interview with the Grievant. If the Division Head does not respond within such time limit the grievant shall be entitled to process the grievance to the next step. If the division head and employee cannot reach a solution to the grievance, the employee may, within seven (7) calendar days from the date of receiving the answer from the division manager, request, in writing, and be granted an interview with the appointing authority. The appointing authority, or its representative, shall schedule an interview within five (5) calendar days of the grievant's request. The appointing authority shall render his/her decision in writing within fifteen (15) calendar days of receiving the appeal. If the appointing authority and employee are unable to arrive at a satisfactory solution, the employee may, within ten (10) calendar days from the date of the decision by the appointing authority, submit a written appeal to the Executive Team. The Executive Team shall review the grievance and respond to the employee within twenty (20) calendar days of receiving the appeal. The response shall be in writing and will be considered an expression of management's viewpoint, and shall be the final administrative state of review. If the time limits for employees' appeals at any step should elapse, the grievance shall be considered withdrawn. Time limits may be extended by mutual consent. If the City fails to respond within the prescribed time limits, the grievance will be deemed to have been denied and the employee may go to the next step. If the Executive Team fails to respond within the prescribed time limit, the grievance will be deemed to have been denied and the employee will be deemed to have exhausted his/her administrative remedy. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review. Employees shall be assured freedom from reprisal for using the grievance procedure. Standard Graevatice Fon The City and the Association agree to create, prepare and implement a standard grievance form for use by all affected classifications represented by the Association. Grievaiiee Mediation Either the employee loyee or the Association may request the grievance be submitted to mediation prior to a decision being issued by the Executive Team. Upon request to mediate the grievance, the City shall make the formal, written request for a mediator from the California State Mediation and Conciliation Service. The choice of a 23 mediator must be approved by both the Association and City before mediation may begin. If the employee or the Association requests that the grievance be submitted to mediation prior to a decision being issued by the Executive Team, then the employee and/or Association shall pay any costs associated with the mediation. If the grievance was mediated and resolved, the mediator shall be requested to provide a written summary of the outcome; a description of the dispute and the resolution reached by the parties. If the grievance was mediated and not resolved, the mediator shall be requested to render a written, advisory opinion letter to the Association and City within 15 calendar days of the final mediation session. This opinion is non-binding and is intended to advise the Association and City of the mediator's recommendation to settle the grievance. ARTICLE X AMERICAN'S WITH DISABILITIES ACT Because the ADA requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agreed that the provisions of this agreement may be set aside in order for the City to avoid discrimination relating to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment. The Association recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Association will be notified of these proposed accommodations prior to implementation. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance procedure. Prior to setting aside any provision of this agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide the Association with written notice of its intent to set aside the provision, and will allow the Association the opportunity to discuss options to setting aside of any provision. ARTICLE XI DRUG AND ALCOHOL ABUSE POLICY Section A. Purpose It is the purpose of this policy to eliminate substance abuse and its effects in the workplace and to ensure that employees are in a condition to perform their duties safely and efficiently, in the interests of their fellow workers and the public as well as themselves. 24 Section B. Policy It is the City's policy that employees shall not be under the influence of or in possession of alcohol or drugs while on City property, at work locations, or while on duty; shall not utilize such substances when they have a reasonable expectation of call in for duty; shall not possess, provide or sell illegal drugs to any other employee or to any person while on duty; nor have their ability to work impaired as a result of the use of alcohol or drugs. While use of medically prescribed medications and drugs is not per se a violation of this policy, the employee must notify his/her supervisor, before beginning work, when taking medications or drugs (including the possible effects of taking such medication and drugs) which could foreseeably interfere with the safe and effective performance of duties or operation of equipment. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from their physician may be required. The City is committed to providing reasonable opportunity for rehabilitation for those employees whose drug or alcohol problem classifies them handicapped under federal and/or state law. Persons whose use of drugs or alcohol prohibits them from performing the duties of their position, or whose use constitutes a direct threat to property or the safety of others, are not considered handicapped under federal or state law. Section C. Application This policy applies to all employees of the City of Baldwin Park. This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job. "111,plc yee a lao t rl i itie An employee must: Refrain from the use of, or possession of, illegal drugs or narcotics while on duty; 2. Not report to work while his/her ability to perform job duties is impaired due to alcohol or drug use; Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours or at any time while on City property; 4. Not directly or through a third party sell or provide illegal drugs to any person, including any employee, while either employee or both employees are on duty; 5. Notify his/her supervisor, before beginning work, when having consumed alcohol or when taking any medications or drugs, prescription or 25 non-prescription, which may interfere with the safe and effective performance of duties or operation of equipment; 6. Report to their supervisor of any criminal drug statute conviction no later than five (5) days after such conviction; 7. Report to the supervisor when they have knowledge of objective evidence that other employees may be under the influence of drugs or alcohol or engaging in illegal drug related activities. Employees who believe they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance through their medical plans or through other resources available in their community. While the City will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those who continue to be substance abusers and do not seek help. l�1 taxg ii l I sp�a�t :biIiti 1. Managers and supervisors are responsible for reasonable enforcement of this policy. 2. Notify the affected contract/granting agency within ten (10) days after receiving notice of any conviction. 3. Prepare and distribute to all employees, a summary of available benefits through the various health plans. Information to be distributed through the Personnel Services office. 4. To treat any cases where rehabilitation is recommended or already underway as a medical situation, subject to current medical leave policies. 5. To maintain strict confidentiality on all matters arising under the provision of this policy. Medical information, if necessitated, will be maintained by Personnel Services in separate, secured files. Information will only be shared where there is a bona fide "need to know" by management in instances where referrals, rehabilitation, medical leaves, work accommodation, discipline or other employment related decisions are affected. 6. As with all policies and procedures, any incident or situation requiring management attention is expected to be given thorough and deliberate consideration before any final action is taken, especially in disciplinary cases. Decisions made on such cases under this policy will be subject to review by an individual's department head, and Personnel/Risk Manager. AWFICLE X11 SMOKE FREE WORKPLACE Section 18, of the Personnel Rules and regulations, relating to smoking in the City workplace will be amended to read as follows: 26 Section A. Purpose The purpose of this policy is to set forth City Council direction in regard to smoking by City employees in City facilities and to encourage non-smoking by City employees in the workplace. This policy is necessary because such smoking is recognized as a hazard to the health of smokers and non-smokers alike. All employees must be aware of the provisions of City Council Ordinance No. 1232 which prohibits smoking by anyone in and around City -owned premises and public parks and other recreational facilities. City owned premises is defined as a building or site owned and occupied, or leased and occupied, by the City of Baldwin Park for any municipal function, and includes the entire site of the City -owned premises and all structures thereon. City owned premises shall not include any public sidewalk adjacent to the sit of City -owned premises, nor any building owned in part by the Baldwin Park Redevelopment Agency which ios also partly owned by a private individuals or Owner Participation Agreement. City - owned premises include, but are not limited to, City Hall, the City Yard, and the site occupied by the City Housing Authority. Public Park means any park, roadside rest, or other site designated by the City of Baldwin Park for any recreational purpose which is owned, managed or controlled by the City, and includes the entire site of the public park, all structures thereon, and any public sidewalk adjacent to that site. Public park includes, but is not limited to, the Julia McNeill Senior Center, the Esther Snyder Community Center, Morgan Park, Barnes Park, Hilda Solis Park, Walnut Creek Nature Park, and the Baldwin Park Teen Center and Skate Park. This policy governs all areas of city -owned buildings not considered to be public access areas and not therefore, governed by Ordinance No. 1232. These areas would include employee offices; rooms or hallways not normally open to the public, employee lounges, and kitchens, lunchrooms and employee break rooms, workstations, locker rooms, city vehicles and other common employee areas. Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe, cigar or cigarette or any other device used for the burning of tobacco or other similar combustible material, so that the person in possession thereof can inhale and exhale the smoke there from. Policy (This policy will supersede the policy effective September 7, 1989) Effective January 1, 1995, smoking in all areas of City -owned buildings and City - owned vehicles, is prohibited. Should any dispute arise from this policy, it shall be directed to the Executive Team. 27 Section B. Procedure The Maintenance Division shall be responsible for posting and maintaining all signs in accordance with the standards approved by the Executive Team. Signs in private offices shall be the responsibility of the office occupant. "No smoking" signs shall be available from the Maintenance Division. Those managers and supervisors closest to employee work sites are hereby charged with the implementation of and compliance with this policy. The Executive Team is ultimately responsible for such implementation and compliance. The Human Resources Manager shall be responsible for updating this policy as necessary and communicating this policy to all employees. No person shall discharge, discipline or in any manner retaliate against any employee because such employee exercises any rights afforded by this policy. WFICLE XIII LIMITED REOPENER The purpose of this reopener shall be limited, except as provided below, to proposed modifications in existing MOU language. The reopener shall not result in any increase or decrease in compensation, but shall be utilized to address any MOU ambiguities and/or non - compensation related policies and procedures. Notwithstanding the above limitations to the subject matter of a reopener, a reopener may be requested where another City bargaining unit has had a Cost of Living Adjustment. The City shall provide written notice to the Association of its intent to invoke this section, and a description of the precise language changes that are proposed. City -proposed language changes shall not be implemented without completion of the meet and confer process and as appropriate, completion of any impasse -resolution procedures. 28 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year noted. GENERAL UNIT OF CITY EMPLOYEES ASSOCIATION David Lopez, Representa ve Sharon Rivera, Representative Salcido, Representative Michelle Bravo, Representative Mich Sagcc ,Representative CITY OF BALDWIN PARK Manuel Lozano, Mayor Date PQ ATTACHMENT #3 RESOLUTION NO. 2015-056 MEMORANDUM OF UNDERSTANDING CLASSIFIED MANAGEMENT EMPLOYEES' ASSOCIATION RESOLUTION NO. 2015-056 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK, APPROVING THE MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF BALDWIN PARK AND THE CLASSIFIED MANAGEMENT EMPLOYEES ASSOCIATION (CMEA) YEARS 2014-2017 WHEREAS, the representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the Classified Management Employees Association to make equitable adjustments to wages and other terms and conditions of employment, and WHEREAS, a Memorandum of Understanding prepared by said representatives has been presented to the City Council for ratification, and WHEREAS, a majority of the unit members from this group voted to approve the Memorandum of Understanding. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. That this City Council does hereby approve and authorize the City of Baldwin Park's Mayor to sign the "Memorandum of Understanding between the Classified Management Employees Association and the City of Baldwin Park" attached hereto as Exhibit A. The Memorandum of Understanding for employees represented by the Classified Management Employees Association is hereby effective for the period of July 1,2014 through June 30, 2017. SECTION 2. Resolutions or portions thereof in conflict hereby are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall forward a certified copy hereof to each Department Head and the Human Resources Manager. PASSED AND APPROVED this 5t" day of August, 2015. Manuel Lozano Mayor ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, ALEJANDRA AVILA, City Clerk of the City of Baldwin the foregoing Resolution was duly and regularly approved and of the City of Baldwin Park at its regular meeting of the 5th following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCILMEMBERS: Alejandra Avila CITY CLERK Park, do hereby certify that adopted by the City Council day of August 2015, by the ASSOCIATION (CMEA) m TABLE OF .'0N -FFA 1T ARTICLE I SCOPE OF MEMORANDUM OF UNDERSTANDING....... ....... ............................1 ARTTCLF, II PARTIES AND RECOGNITION ......... ........ ........ ......... ... ...........,..1 Section B. Terms of Agreement......., ......... ......... .,,....1 ., .................. ....., Section C. Separability Provision ............... .................. . ....... ......... ................. .............1 Section D. No Strikeout/Lockout Clause ................................ ........ ......................... .,........ ........ 1 SectionE. Non -Discrimination .......... ............... ....................... .. ......... ........_ .,....................,2 Section F. Full Understanding, Modification, and Waiver .......................................................2 ARTICLE III ASSOCIATION RIGHTS ................... ................. ........ ...........,,,.... ,.............:3 Section A. Agency Shop Agreement....... ............. ................ ............ ........................... ..:3 Section B. Association Representatives ............... ........ ................ ......... ....... ............A ARTICLE IV MANAGEMENT RIGHTS ............................ ........ ...................,.... ARTICLE V COMPENSATION AND SALARIES......................................................................6 SectionA. Retirement....... .............. . ............. ............. ....... ..... ....... ......... ,...........C' SectionB. Salaries ................................................... ........ ........ ........ ,,, .............,.7 SectionC. Bilingual Pay ...................................... ............ ........ ........ ____ ..........................8 Section D. Tuition Reimbursement ...............................,,, ....,.............. ................. .., .,.,........8 Section E. Monthly Phone Allowance ..... .................. .................. ......... ...... ........ ..............8 ARTICLEVI BENEFITS .............................. ...................... ..... . .....,.. .,............ ..,.,...... 8 Section A. Health Benefits/Cafeteria Plan... ......... ....... ...•„ ••,•....• ...•,.....•.,,8 SectionB. Life Insurance .............................. ...................... ............. ...................... .........-9 Section C. Short Term/Long Term Disability.. .............. ........ ................. ................... ..... Section D. Deferred Compensation ..................................... ... ................ ........, .,..9 SectionE. Child Care.. .... .... ................ .......,,., , ......... ... ....,.,........,.. ........ ,,...........1.0 Section F. Retiree Health Care .............................. ............................ ........... ......... lC'1 ARTICLEVI HOURS ................. .. ..... ........................ ............... ............ 11 SectionA. Work Period .... ................................. ......... .,.... __ ........ .. .........,..........,,.1,1. SectionB. Hours of Work ................................... ........... ....... ........ ......... ......................1 1 Section C. Workday ............ .......... ............. .............. ........................,.,.... ......... .,.,...... .,..11. Section D. Administrative Leave .......... ........ ...............,.,, ......,.. ...........,... SectionE. Holidays ................... ........................ ......................... ........ ......................12. SectionF. Holiday Bank ....... ............. ..............,... ..,..,.., ...,...,..,... ............. .... ,........ ,..,,,..,.1.2 ARTICLEVII LEAVES ...................... ..._ .., — ........ , ..,..w..,,.,, ,.... ......... ,., ....1.3 SectionA. Sick Leave ...................... ........... ..,,...,....,., ........, .., .......,, ,,., ....,,.,. ....,.......,1:3 SectionB. Vacation ..................................... ..............,.,,.......... .... .,...........1. Section C. Bereavement Leave ....... ..................... ............. ..... .. ............... ......... ....15 SectionD. Military Leave ............. ................................... .. ............... ........... ... ............15 SectionE. Jury Duty............................................................. .......... .....,............ ,............ ,1.5 Section F. Training/Conference Leave .......... ................. ......... ........ ,.,.. ...... ........ ......,1.5 SectionG. Injury on Duty..................................................... ......................................... "1. ARTICLE VIII POLICIES AND PROCEDURES .............. ............................ ......... ,..1C Section A. Written Warnings/Reprimands........... .. ......... ... ........ ........................1.( SectionB. Layoff Policy,......... ...... ... __ ...... ____ .......... , ,...,... ........... .......... ..,1 Section C. Emergency Preparedness Policy ........................... . .......,....1.7 Section D. Personnel Rules...........................................................,......,.,.,,...........,...,.......,..,..,1'1 Section E. Labor/Management Committee ................... ........ .... ..... ........... .................... .____ 17 Section F. Pre -Employment Drug and Alcohol Testing............................•......•....,.,......,.,......,.,1 7 SectionG. "Y" Rating.............................................................. ....... ......... ......................17 Section H. ARTICLE IX Section A. Section B. ARTICLE X ARTICLE XI Section A. Section B. Section C. ARTICLE XII Section A. Section B. ARTICLE XIII SalarySurvey ............. ...... ..... ....... ...17 ........................................ GRIEVANCEPROCEDURE.................................................................................17 Definition...................... ............................ .--- ..... --- ... ........ ....,, ..,..,....,.17 Procedure....... ......... ............ ........................... ................. ...........18 ............. AMERICAN'S WITH DISABILITIES ACT ...................... ....... ...,...... ,......19 DRUG AND ALCOHOL ABUSE POLICY...........................................................20 Purpose....................................... ..........,.... ..............,. ,......,.....,,...,.........,..20 20 Policy.... ....,......................................................................... ......... Application........................ ........................... ..... ........ ........ ......... .......20 SMOKE FREE WORKPLACE... ........ ........... .. ........ ......................22 Purpose.................................................................. ......... ....... .....................22 Procedure................................... .........,..,, ,.. .,...... .................. ........,23 LIMITED REOPENER ........ ...... ......... .- .......... ,...,.... 23 PREAMBLE The City of Baldwin Park, a municipal corporation, and the Baldwin Park Classified Management Employees Association, a recognized employee organization, have been meeting and conferring in good faith consistent with Section 3500 et seq., of the Government Code and have reached agreement as a result of such meetings. Ali l Il'L1+r I SCOPE OF ML,i 011ANDUM OF LINDli STANIIING It is the intent and purpose of the Memorandum to set forth mutually beneficial working and economic relations between the parties hereto and to provide an orderly and peaceful means of resolving any misunderstandings which may arise, and to set forth the total and complete understanding and agreement between the parties regarding wages, hours, and other terms and conditions of employment. AR 1`IC` ,E 11 PAlI' ws AND RECOGNITION The Memorandum of Understanding is made and entered into between the Management representatives of the City of Baldwin Park, hereinafter referred to as the "City" and representatives of the Baldwin Park Classified Management Employees Association, hereinafter referred to as the "Association", a formally recognized exclusive representative of the general unit of City employees pursuant to the Meyers-Milias-Brown Act. Section A. Appropriate Unit The classifications covered by this unit are; Assistant Accounting Manager Building Official/ Plan Check Supervisor Engineering Manager Section B. Terms of Agreement The parties have met and conferred in good faith regarding wages, hours and other terms and conditions of employment and it is mutually agreed that this Memorandum of Understanding shall be effective upon ratification of the City Council and ending on June 30th, 2017. Section C. Separability Provision If any provision or the application of any provision of this agreement as implemented should be rendered or declared invalid by any final court action of competent jurisdiction, the remaining sections of this agreement shall remain in full force and effect for the duration of said agreement. In the event any section of this Memorandum is declared invalid, the City agrees to meet and confer with the Association regarding the impact or implementation of the court order. Section D. No Strikeout/Lockout Clause 1. The Association, its officers, agents, representatives and/or members agree that during the term of this MOU they will not cause or condone any strike, walkout, slowdown, sickout, or any other job action withholding or refusing to perform services. 2. Any employee who participates in any conduct prohibited in part 1 above may be subject to disciplinary action up to and including discharge. 3. The City agrees that it will not lock out any employee at any time. 4. In the event that anyone or more officers, agents, representatives, or members of the Association engage in any of the conduct prohibited in part 1 above, the Association shall immediately instruct any persons engaging in such conduct that their conduct is in violation if this MOU and is unlawful and they must immediately cease engaging in conduct prohibited in part 1 above and return to work. Section E. Non -Discrimination The provisions of the Memorandum shall be applied equally to all employees without unlawful discrimination as to age, sex, marital status, race, color, ancestry, religious creed, national origin, political affiliation or (when the nature of work permits) physical handicap. Any violation of this by the recognized employee organization shall also be subject to immediate correction and possible loss of recognition. All references to employees in this Memorandum designate both sexes, and whenever one gender is used it shall be construed to include both, where appropriate. Section F. Full Understanding, Modification, and Waiver It is intended that this agreement sets forth the full and entire understanding of the parties regarding matters set forth herein, and any other prior or existing understanding or agreements by the parties, whether formal or informal, regarding any such matters are superseded or terminated in their entirety. Except as specifically provided herein; it is agreed and understood that both parties voluntarily and unqualifiedly waives their right, and agree that the other party shall not be required to negotiate with respect to any subject or matter covered herein during the term of this agreement. Nothing contained herein shall preclude the parties from mutually agreeing to meet and confer. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and implemented by the City Council. The waiver of any breach, term and or condition of this agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 0) ARTICLE III A;SS'0CI TION I IGImLUS Section A. Agency Shop Agreement The City and Association mutually understand and agree that in accordance with State of California law, per adoption of SB 739, and the Agency Shop election previously held, a simple majority of ballots cast by regular employees in classifications represented by the Association voted to be covered by an Agency Shop agreement. As a result of the Agency Shop election, as a condition of continued employment, this Agency Shop agreement hereby requires that all bargaining unit employees: a) Elect to join the Association and pay Association dues b) Pay an agency fee for representation c) Or with a religious exemption, pay a fee equal to the agency fee to be donated to selected charities. The following agency shop provision will be implemented, in conformity with California Government Code Section 3502.5 and applicable law. Qttes/A Y, During the tl... olllian term of this MOU, the City agrees to collect, through payroll deduction, Association dues, agency fees and religious exemption fees from all employees who have signed a written authorization and a copy of that authorization has been provided to the Human Resources Department. The City shall be held harmless by the Association in performing this responsibility. New IfireNotillcatiota All new hires _. __,_ in the Association shall be informed by the Human Resources Department, at the time of hire that an Agency Shop agreement is in effect for this classification. l: el giog�l^x9'pl� tion Any employee who is a member of a bonafide religion, body, or sect who has historically held conscientious objections to joining or financially supporting public employee organizations shall not be required to join or financially support the organization. Such employee shall, in lieu of periodic dues or agency shop fees, pay sums equal to said amounts to a non -religious, non -labor charitable fund exempt from taxation under Section 501(c)(3) of the Internal Revenue Code. Those fees shall be remitted by the City, at the choice of the employee, to one of the following non -labor, non -religious charitable organizations: American Red Cross or United Way. To qualify, the employee must provide the Association, with a copy to the City, a written statement of objection, along with verifiable evidence of membership in a religious body as described above. The City will implement the change in status within thirty (30) days unless notified by the Association that the requested exemption is not valid. I I've withoLit Pa 1l ()l iIrl.t Employees on an unpaid leave of absence or temporarily assigned out of the unit shall be excused from paying dues, agency shop fees, or charitable contributions Indemnification The Association agrees to fully indemnify, defend, and hold harmless, the City, its officers, employees, and agents against any claim, action, liability judgment or settlement as a result of implementing and maintaining the agency shop agreement. Records The Association shall keep an itemized record of its financial transactions and shall make a detailed written annual financial report available to the City and all the unit members. The Association certifies that is has adopted, implemented, and will maintain constitutionally acceptable procedures to enable non-member agency shop fee payers to meaningfully challenge the propriety of the uses to which service fee funds are put in accordance with applicable law. Section B. Association Representatives 1. The Association may designate one officer, board member and representative, who shall be permitted to assist bargaining unit members in the investigation, processing and presentation of grievances, disciplinary actions, the meet and confer process and all activity necessary to facilitate the efficient resolution of any labor- management dispute. 2. The Association shall notify the City in writing of the names of all board members, officers, and representatives who are authorized to represent the employees in the bargaining unit. 3. The City agrees to grant reasonable access to employee work locations of officially designated representatives for the purpose of processing grievances in accordance with this Memorandum of Understanding. Each representative, upon notification to his/her immediate supervisor, may be permitted to leave his/her regular work location during work hours, for reasonable periods of time to perform the following functions with pay: a. To represent to a supervisor, a request for a grievance which the representative has been requested by any employee, or group of employees, to present to such a supervisor. b. Investigate any request for adjustment of grievance in the representative's division, and present such request for adjustment to the supervisor of the employee who initiated the grievance request. c. Attend meetings with management when the representative's presence is necessary to present the grievance for adjustment. 4. No representative shall leave his/her job or area of assignment while his/her presence is necessary for the safe and effective operation of his/her job; the determination to be made by the representative's immediate supervisor or appointing authority. 4 5. Each representative shall report to his/her supervisor the time leaving his/her work location to perform such duties as set forth herein. The representative shall report to the supervisor immediately upon completion of these duties. 6. When the presence of a representative is desired by an employee, or group of employees, for the presentation, investigation, and/or adjustment of a grievance and/or dispute, the employee or group of employees shall make a request to their immediate supervisor. The supervisor shall arrange for a representative to be present as soon as possible, consistent with safe and efficient operating requirements. 7. Prior to entering any area in the fulfillment of their duties set forth herein, the representative shall notify the supervisor of that area of his/her presence and the reason for his/her business in that area. 8. The City agrees that the representative shall not be hindered, coerced, restrained or interfered with in the performance of their duties and responsibilities provided in the Memorandum of Understanding. 9. The Association and the employer agree hereto that each will cooperate with the other and reduce to a minimum the actual time spent by representatives in the performance of their duties under this Memorandum of Understanding. ARTI:CLE IV MA ACID !4I+'NT RIGHTS Section A All management rights and functions, except those which are clearly and expressly limited in this Memorandum of Understanding, shall remain vested exclusively in the City. It is expressly recognized merely by way of illustration and not by way of limitation that such rights and functions include, but are not limited to: 1. Manage the City 2. Schedule work hours 3. Establish, modify, or change work schedules or standards 4. Institute changes in procedures 5. Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline, or discharge any employee 6. Determine the location of any new facilities, buildings, departments, divisions, or subdivisions thereof, and the relocation, sale, leasing, or closing of facilities, departments, or subdivisions thereof. 7. Determine services to be rendered 8. Determine the layout of buildings and equipment and materials to be used therein 9. Determine processes, techniques, methods, and means of performing work 10. Determine the size and characteristics of the work force 11. Determine financial policy including accounting procedures 12. Determine the administrative organization of the system 13. Determine the selection, promotion, or transfer of employees 14. Determine the size and characteristics of the work force 5 15. Determine the allocation and assignment of work to employees 16. Determine policy affecting the selection of new employees 17. Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required 18. Determine administration of discipline 19. Determine control and use of'City property, materials and equipinent 20. Schedule work periods and deter Trine the nu Tiber and duration of work periods 21. Establish, modify, eliminate or enforce rules and regulations 22. Place work with outside firms 23. Determine the kinds and nurnbers of personnel necessary 24. Determine the methods and mcans by which such operations are to be conducted 25. Require employees, where necessary, to take in-service training courses during work hours 26. Determine duties to be included in any job classification 27. Determine the necessity of overtime and the amount of overtime required 28. Take any necessary action to carry out the mission of the City in cases of an emergency 29. Prescribe a uniform dress to be worn by designated employees The exercise of the foregoing powers, rights, authority, duties and responsibilitics by the City, the adoption of policies, rules, regulations, and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this contract, and then only to the extent such specific and express terms are in conforniance with law. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above described rights of the ('ity is not SLIt),ject to the grievance provision unless any such dispute is otherwise grievable under another Article of this agreement. Except in emergencies, or where the City is required to make changes in its operations because of the requirements of law, whenever the exercise of managetnent's rights shall impact on employees in the bargaining unit, the City agrees to meet and confer with representatives of the Association, upon reqLICst by the Association, regarding the impact of the exercise of such rights, unless the neater of the exercise of such rights is provided for in this Memorandum of Understanding or in Personnel Rules and Salary Resolutions. ARTICIX V COMPENSATION AND SALAWIt'S Section A. Retirement 1 LoyA-Morc Magri,t-201-3. "I'he etc contracts with t1le State of,* Cal ifbrnia Public Imiployees R-eti reinent System (CalPERS) for the classifications contained in this agreerrient. The plan shall include the following options: 1. 2.7% @ 55 retirement formula (Government Code §21354.4); 2. Single highest year final compensation (Government Code §20042); 3. Military service credit as public service option (Government Code §21024); 6 4. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cents ($.93) per pay period (Government Code §21571); 5. Pre -Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. The City agrees to contract with Ca1PERS to include 1959 Survivors Benefit Level IV 8. $500 Retired Death Benefit The City will pay 100% of the employer's contribution to the Ca1PERS retirement program and provide retirement benefits as currently specified under the City's contract with the California Public Employees' Retirement System. Effective concurrent with Council Resolution of the meet and confer process and upon ratification of this agreement, all unit member agree to pay 8% of the Net Employee Rate (currently 12.598%) for the PERS retirement contribution. All employee funding of employee retirement contributions shall be pursuant to Government Code section 20691. The City agrees to provide a 5% equivalent offset for the employee contributions as outlined in Article V, Section B, provided that the effective date of the offset shall occur when Ca1PERS approves or implements the change in retirement cost-sharing. This offset shall not be subject to Y -Rating under Article VIII, Section G. All such employee contributions shall be deposited in the member's retirement account. N�ew Q lm'l L S,I' inters 1 &orated Oil car Alter anua � , QLl The City contracts with the State of California Public Employees Retirement System (CaIPERS) for the classifications contained in this agreement. The plan shall include the following options: 1. 2% at 62 formula (Government Code §7522.20); 2. Three (3) year average final compensation period (Government Code §20037); 3. Pre -Retirement Death Benefits to continue after remarriage of survivor (Government Code §21551); 4. Military Service Credit as Public Service (Government Code §21024) 5. 1959 Survivors Benefit Level I for which each employee contributes ninety-three cents ($.93) per pay period (Government Code §21571); 6. 2% Annual Cost of Living Allowance (Government Code §21329); 7. Employees will pay 50% of the normal cost, currently 6.25% member contribution to Ca1PERS; 8. The City agrees to contract with CaIPERS to include 1959 Survivors Benefit Level IV 9. $500 Retired Death Benefit Section B. Salaries The City adopted a Seven Step Compensation Plan (5% between steps), which is made a part hereof, and is on file with the Human Resources/ Risk Manager or their designated representative(s) in the Human Resources Department. Such Compensation 7 Plan may be amended or revised at the discretion of the City Council subject to the meet and confer process. Effective concurrent with Council Resolution of the meet and confer process and upon ratification of this agreement, the City will provide for a 5% equivalent unadjusted base salary increase to the seven step compensation plan for the offset to the employee contribution to CalPERS as outlined in Article V, Section A. In addition to the 5% equivalent offset base salary increase, the following unadjusted base salary increases shall be provided to all represented employees of this Association: a) Retro -active to the first payroll period commencing on or after July 1, 2014 — 1% b) Effective the first payroll period commencing on or after January 1, 2015 — 2% c) Effective the first payroll period commencing on or after July 1, 2015 — 2% d) Effective the first payroll period commencing on or after July 1, 2016 — 2% Section C. Bilingual Pay The City shall pay an additional $100.00 per month to a person who is capable of speaking reading and writing and/or interpreting the languages of Spanish, Chinese, Japanese, Vietnamese, Tagalog, and Sign Language. Determination of capability shall be made by qualifying tests established by the City. Re -testing of individuals will be required to determine bilingual capability in the above stated languages. Only those individuals who score at the level of "Good" or better will be eligible for bilingual pay. Section D. Tuition Reimbursement Section 2.8 of the City's Personnel Rules and Regulations shall be amended to provide that the tuition reimbursement described therein shall allow for reimbursement eligibility for full time employees who have passed original probation shall be in the amount not to exceed $1,500 per fiscal year. Personnel Rules §2.8 shall be concurrently amended to provide that tuition reimbursement shall be allowed only for courses provided by an accredited college or university and in a field of study reasonably related to the employee's duties and which are deemed appropriate by the Executive Team. Section E. Monthly Phone Allowance Effective July 1, 2004 the City agrees to implement a monthly cellular telephone allowance of $40.00 per month. ARTIf;"LE Vl: BENEFITS Section A. Health Benefits/Cafeteria Plan Mcd:tcal tend Qetital The City will contribute to each employee in the bargaining group a sum not to exceed $950.00 per month towards benefits as detailed in this section. The employee is required to maintain a minimum coverage for him/herself in a plan of their choice unless the employee can show proof that they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly allowance, such employee will have an option to have the excess monies placed towards an existing benefit program. These options include: 1. Placement in a City provided health insurance plan for two (2) party or family coverage. 2. Placement in a City provided dental plan for self, two (2) party or family coverage 3. Placement spread over a combination of the options listed above. 4. Elect to receive any excess monies in cash, which will be considered as taxable income, or 5. Elect to place the excess cash monies in a City provided deferred compensation program. Vision Plan Covtmmrt The City will provide a vision plan to all affected employees, and will contribute up to a maximum premium cost of $34.05 per month. Any premium increase in excess of $34.05 per month shall be absorbed by the employee. Section B. Life Insurance The City shall provide a $50,000 term life and AD&D insurance. Section C. Short Term/Long Term Disability The City will pay 100% of the employee premium towards a short-term and long-term disability program as provided l)y the City of Baldwin Park. The Pla« provides benefits commenci ig on the 31'( duty of a tion -work related in tuy or iltaess, aixt eniployees wiNl be eligible to receive a maximum benefit of 66 2/3 of their current base salary up to a maximum of $5,000 per month. Section D. Deferred Compensation The City currently offers two (2) established deferred compensation providers to its employees. Deferred compensation is a voluntary program wherein employees may elect to allocate salary to the City's 457 plans on a pre-tax basis in accordance with the provisions of the plan. Effective upon ratification of this contract, the City shall contribute $100.00 per month into a City sponsored deferred compensation plan. Prior to any changes in the current program/providers, the City agrees to meet in good faith with the CMEA as part of the meet and confer process. 0 Section E. Child Care The City's Before and After School Care (Latch Key) Program shall provide same privileges to employees as residents of Baldwin Park. Section 125 Plan is available for employee's use. Section F. Retiree Health Care Lgjj.p gy ,eAHired 13elbre J1,1jY_L_2_(Y1-5 For all employees hired prior to July 1, 2015; if upon retirement the employee enrolls in the City's Ca1PERS medical care plan, the City will pay the minimum employer contribution to Ca1PERS that is required by Government Code section 22892. In addition, the City will also pay into the retiree's individual health reimbursement account, or similar reimbursement plan, an amount equal to the difference of the City's minimum employer contribution required by Government Code section 22892 and the premium cost for retiree -only coverage in the retiree's chosen medical plan '..� -ed tlrlxfir Jr�Zy..., 201 f:o la qes Ilii For all employees hired on or after July 1, 2015, if upon retirement the employee enrolls in the City's Ca1PERS medical care plan, the City will pay the minimum employer contribution to Ca1PERS that is required by Government Code section 22892. In addition, the City will make a contribution to the retiree's individual health reimbursement account, or similar reimbursement plan, based upon the employee's years of service to the City as follows: 6 to 10 full years of service: 20% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to Ca1PERS 11 to 15 full years of service: 40% of the premium cost for retiree only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to Ca1PERS 16 to 20 full years of service: 60% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to CalPERS. 21 to 25 full years of service: 80% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to Ca1PERS. 26 full years of service or more: 100% of the premium cost for retiree -only coverage in the retiree's chosen medical plan, less the City's minimum employer contribution paid to Ca1PERS. 10 ARTICLE VI HOURS Section A. Work Period The work period for all employees within the bargaining group shall be seven (7) days in length commencing on Sunday, at 12:01a.m. Section B. Hours of Work Employees assigned to a 4/10 work week shall work Monday through Thursday 7:30a.m. to 6:00p.m. Section C. Workday Employees working the 4/10 shall have a standard workday consisting of ten and one- half (10 1/2) hours with nine hours and fifty minutes of work time and forty (40) minutes as a non -paid unrestricted meal period. Meal periods shall be in accordance with department administrative guidelines. Employees working the 4/10 will be provided with two (2) ten (10) minute rest breaks during the day, one each approximately at the midpoint of each one-half workday. Rest time is not cumulative beyond the scheduled workday within which the break period occurs nor may it be used to extend lunch or shorten the workday. l?x crimiep al Alternative W;ork Scliedules The City agrees to implement an experimental 4/10 plan for all employees assigned to City Hall. The Association recognizes that the City may, at its sole discretion, end the 4/10 plan at any time. The termination of such 4/10 plan is not subject to the grievance process or any other administrative review. The Association recognizes that the 4/10 plan is not a vested right in any manner, and that the termination of such 4/10 plan is not subject to the grievance process or any other administrative review. The parties have agreed that although the City shall have an unrestricted management right to terminate any of the work schedules described in the MOU, implementation of that management right shall result in the City engaging the meet and confer process as to the effects of exercising its management rights. Section D. Administrative Leave Effective July I, 2004 each employee shall receive a maximum of fifty (50) hours of administrative leave with pay each fiscal year, The use of such leave shall be at the reasonable discretion of the employee. Unused time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. 11 Section E. Holidays The City shall observe the following holidays: New Year's Day- January 1" President's Day- The third Monday in February Memorial Day -The last Monday in May 1 ndeperzdence Day- July 4th Labor Day -The first Monday in September " eterati's Day- Novei aer 11th Thanksgiving Day- The fourth Thursday in November The Friday following the fourth Thursday in November (5/40 & 9/80 schedules only) Christmas Eve- December 24th Christmas Day- December 25th If any of the foregoing holidays falls on a tele Friday or a Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. On January 1 of each year, each affected employee will be credited with ten (10) hours of leave for observance of Martin Luther King Day and ten (10) hours leave, for a total of twenty (20) hours. Section F. Holiday Bank At the beginning of each calendar year, the City will determine how many of the above holidays fall on non -regularly scheduled work days, as determined by an employee's assigned work schedule. An employee will be credited with an equivalent number of hours of holiday time ("holiday bank"). The actual date for the use of such leave shall be subject to the approval of the employee's department head. For employees working a 4/10 work schedule this leave shall be used in increments of ten (10) hours. For employees working a 9/80 work schedule this leave shall be used in increments equivalent to the work day being requested for time off, i.e., a standard nine (9) hour work day or a "Friday" eight (8) hour work day. However, upon implementation by the City of accounting procedures and methods whereby use of holiday leave in increments of one (1) hour or more can be reasonable documented, affected employees shall be provided the option of using holiday leave in such amounts of time. Although the City shall endeavor in good faith to institute such an accounting process, it shall remain in the sole discretion of the City to determine when such a modified accounting can be reasonable implemented. Employees may accumulate up to a maximum of one hundred (100) hours of holiday 12 bank time. PaXout If an employee, because of business necessity, is not able to utilize excess accrued holiday bank hours, upon written request to, and approval of the department head, an employee may be paid for any excess hours over their maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. ARTICLE VII Section A. Sick Leave LEAVES Every full-time employee represented by this agreement shall accrue sick leave beginning the first full pay period of employment at the rate of 3.693 hours for each pay period of service completed with the City. Lnl � ;,_, ve I"ic _,,111 Each eligible employee shall elect their maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid 75% of the total value, with the timing and methods of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave hours accrual bank. Section B. Vacation Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. 13 The times during which an employee may take his/her vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service. Employees shall, each calendar year, be required to take a minimum of forty (40) consecutive hours vacation leave. In addition, an employee may, with approval of the department head use vacation leave in lesser increments during the calendar year. Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave with approval of the department head. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year. Effective July 3, 2005, the maximum accrual of vacation leave that may be accumulated shall be as follows: 1, Employees having less than five (5) years of employment (vacation accrual = 96 hours per year), the maximum amount of vacation that may be accumulated shall be 192 hours. 2. Employees having more than five (5) years but less than ten (10) years of employment (vacation accrual = 120 hours per year), the maximum amount of vacation that may be accumulated shall be 240 hours. 3. Employees having more than ten (10) years but less than fifteen (15) years of employment (vacation accrual = 144 hours per year), the maximum amount of vacation that may be accumulated shall be 288 hours. 4. Employees having more than fifteen (15) years but less than twenty (20) years of employment (vacation accrual = 168 hours per year), the maximum amount of vacation that may be accumulated shall be 336 hours. 5. Employees having more than twenty (20) years of employment (vacation accrual = 192 hours per year), the maximum amount of vacation that may be accumulated shall be 384 hours. If an employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to, and approval of the department head, an employee will be given an extension in order to take his/her vacation. In cases where the employee forfeits vacation leave time at the request of the City, upon approval of the Chief Executive Officer or designated representative(s), said employee shall be compensated for forfeited vacation leave time at the employee's current rate of pay. It is the employee's responsibility to schedule vacation time well in advance to avoid forfeiting his or her vacation or to avoid any conflicts. 14 Employees will be notified on a quarterly basis of their current and potential maximum vacation hours accrual for the calendar year to assist them in the reduction of excess accrued vacation hours. In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended or credited accordingly. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave. Section C. Bereavement Leave Each affected employee in the covered classifications shall receive the equivalent of their workweek per incident, as needed, because of a death in their immediate family. Immediate family shall mean and include only: Employee's: spouse, children, brothers, sisters, parents, grandparents, step -children, foster children, grandchildren, and State registered domestic partners. Spouse's: Parents, and grandparents Said time will not be cumulative from one twelve (12) month period to another nor will pay in lieu of unused leave for bereavement is provided. Section D. Military Leave An employee granted military leave pursuant to Section 11.6 of the Personnel Rules shall not be granted additional compensation when such leaves extends beyond the employee's regularly scheduled workweek. Section E. Jury Duty An employee granted jury duty leave pursuant to Section 11.7 of the Personnel Rules shall not be granted additional compensation when such leave extends beyond the employee's regularly scheduled workweek. Section F. Training/Conference Leave When an employee is scheduled to attend a conference or training program Monday through Friday, his/her work hours will be 8:00am to 5:00pm Monday through Friday so there is no .issue that he/she is eligible for overtime while attending the conference or training. Section G. Injury on Duty 15 Any employee who is injured within the scope of employment with the City will receive workers' compensation benefits as provided under the California Labor Code. While any employee is on an injury on duty (IOD) status, his/her work hours will be consistent with their regular scheduled work shift, so there will not be an issue or conflict regarding said employee's eligibility for overtime while receiving treatment or keeping doctor's appointments. laclustria u�.1 efim s This language shall supersede the language in City Personnel Rule Section 11.5 which applies to Non-Sworn/Miscellaneous employees. Said Personnel Rule language is superseded by this MOU provision and the applicable Personnel Rule language is null and void. Any nou-sworn (nor-lieace ol'iicer) employee injured in i:he cotr:r•se and scope of employment: and whose injuries are subjject tri the Workers' t:lonrpensa ion laws of the State of California, shall be eligible to receive only those benefits provided to non - sworn (non -peace officer) employees by the Workers' Compensation laws. ARTICLE VIII POLICIES AND LII CE ILI I,'S Section A. Written Warnings/Reprimands Written wvarnings/reprimands issued pursuant to Section 1.4 of the Personnel Pules and Regulations shall not be srrlrjcct, to advisory �vbitration. The final step of administrative appeal shall be the Executive Team. An employee shall have the right to attach a written rebuttal to any written warning/reprimand placed in his/her personnel file. A written warning/reprimand may be removed from an employee's personnel file, upon written request to and written approval from their department head, if he/she has not been involved in any subsequent incidents that resulted in written corrective counseling or other management action for a period of five (5) years from the date the most recent notice was issued or management action taken. Section B. Layoff Policy The parties agree to continue the meet and confer process on the City's current Layoff Policy, contained in Section 13 of the Personnel Rules. Any language changes to the current Section will be submitted by the Association prior to the commencement of the meet and confer process. Notwithstanding the language contained in Section 13 of the Personnel Rules, affected employees in the CMEA will be entitled to a minimum of three (3) months health, dental and vision benefits paid for by the City, if a layoff takes place. 16 Section C. Emergency Preparedness Policy The parties agree to continue the meet and confer process on the "Emergency Preparedness Policy", i.nckiding specifics as to when bargaining unit members should respond bel'oVe or after their normal work,, shift. Section D. Personnel Rules During the term of this agreement, both parties agree to meet and confer on the content and implementation of new and/or revised Personnel Rules and Regulations as needed. Section E. Labor/Management Committee The City agrees to maintain a labor/management committee for discussion of general issues of mutual concern to the City and the Association. Section F. Pre -Employment Drug and Alcohol Testing The parties agree that all new hires, effective the date this agreement is signed, will be subject to pre-employment alcohol and drug testing. Employment will be contingent upon the results of this testing. Section G. "Y" Rating "Y" rate exists when an employee's salary is frozen at the present level until such time as subsequent general salary increases catch up with or exceed the employee's salary at the "Y" rate. An employee receiving "Y" rate shall remain at "step Y" until such time as the position is assigned to a salary range in which the last step is equivalent to or higher than the "step Y". Such employee shall not receive salary adjustments until such time as "Step Y" is equivalent or less than Step 7 of the salary range of the employee's position. Section H. Salary Survey ARTICLE IX Section A. The City and Association agree, during the term of this MOU, to collect and compile salary survey data on classifications represented by the Association with respect to agencies comparable to Baldwin Park. L.'Il `Ian ''ANCE 1'II.0CII t.1R Definition A "grievance" is a formal, written allegation by a grievant that he/she has been adversely affected by an existing violation, misinterpretation or misapplication of the specific provisions of the Memorandum of Understanding and/or provisions of the Personnel Rules and Regulations. Other matters for which a special method of review is provided by law, ordinance, resolution, or by administrative regulations and procedures of this City, are not within the scope of this procedure. 17 Section 15 of the Personnel Rules shall be modified by this agreement to provide the utilization of the grievance procedure for those employees who receive performance evaluations rated at the level of marginal and/or unsatisfactory. This amendment of Section 15 shall apply only to the members of the General Unit of Clerical Employees Association. Section B. Procedure L ,11 figr1q,"d Res&ltiolj Every effort shall be made to resolve a grievance through discussion between the employee and his/her immediate supervisor. It is the stArit and intent of this procedure that all grievances are settled quickly and flirly WithOlItally SUbseqttent discrimination against employees who may seek to adjust a grievance. Evet-yet'f'ort'sliotil(l,beti�iti,deto find an acceptable solution at the lowest level of supervisor. Within fifteen (15) calendar days after a grievant knew, or by reasonable diligence should have known, of the condition upon which a grievance may be based, the grievant shall attempt to resolve it by an informal conference with the grievant' s immediate supervisor. The immediate supervisor shall respond, in writing, within (7) calendar days of the discussion with the grievant. If the immediate supervisor does not respond within such time lime the grievant shall be entitled to process the grievance to the next step. If the problem cannot be resolved between the employee and the supervisor, the employee may, within seven (7) calendar days from the date of receiving the answer from his/her supervisor, request and be granted an interview with the division head, if one exists, in order to discuss the grievance. The Division Head shall schedule an interview within (5) calendar days of the grievant's request. After the interview, the Division Head shall respond, in writing, within seven (7) calendar days of the interview with the Grievant. If the Division Head does not respond within such time limit the grievant shall be entitled to process the grievance to the next step. If the division head and employee cannot reach a solution to the grievance, the employee may, within seven (7) calendar days from the date of receiving the answer from the division manager, request, in writing, and be granted an interview with the appointing authority. The appointing authority, or its representative, shall schedule an interview within five (5) calendar days of the grievant's request. The appointing authority shall render his/her decision in writing within fifteen (15) calendar days of receiving the appeal. If the appointing authority and employee are unable to arrive at a satisfactory solution, the employee may, within ten (10) calendar days from the date of the decision by the appointing authority, submit a written appeal to the Executive Team. The Executive Team shall review the grievance and respond to the employee within twenty (20) calendar days of receiving the appeal. The response shall be in writing and will be considered an expression of management's viewpoint, and shall be the final administrative state of review. 18 If the time limits for employees' appeals at any step should elapse, the grievance shall be considered withdrawn. Time limits may be extended by mutual consent. If the City fails to respond within the prescribed time limits, the grievance will be deemed to have been denied and the employee may go to the next step. If the Executive Team fails to respond within the prescribed time limit, the grievance will be deemed to have been denied and the employee will be deemed to have exhausted his/her administrative remedy. The employee may request the assistance of another person of his/her own choosing in preparing and presenting his/her appeal at any level of review. Employees shall be assured freedom from reprisal for using the grievance procedure. Standard Grievance Forin The City and the Association agree to create, prepare and implement a standard grievance form for use by all affected classifications represented by the Association. Grievance Mediation Either the employee or the Association may request the grievance be submitted to mediation prior to a decision being issued by the Executive Team. Upon request to mediate the grievance, the City shall make the formal, written request for a mediator from the California State Mediation and Conciliation Service. The choice of a mediator must be approved by both the Association and City before mediation may begin. If the employee or the Association requests that the grievance be submitted to mediation prior to a decision being issued by the Executive Team, then the employee and/or Association shall pay any costs associated with the mediation. If the grievance was mediated and resolved, the mediator shall be requested to provide a written summary of the outcome; a description of the dispute and the resolution reached by the parties. If the grievance was mediated and not resolved, the mediator shall be requested to render a written, advisory opinion letter to the Association and City within 15 calendar days of the final mediation session. This opinion is non-binding and is intended to advise the Association and City of the mediator's recommendation to settle the grievance. ARTICLE X WERICIVNIµ'S WVF1J DISABILITIES AI,,'I' Because the ADA requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case-by-case basis, the parties agreed that the provisions of this agreement may be set aside in order for the City to avoid discrimination relating to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment. 19 The Association recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The Association will be notified of these proposed accommodations prior to implementation. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance procedure. Prior to setting aside any provision of this agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide the Association with written notice of its intent to set aside the provision, and will allow the Association the opportunity to discuss options to setting aside of any provision. Alii".ltµ`LE X1 DRUG' Ai l) AI.CMIOL ABUSE POLICY Section A. Purpose It is the purpose of this policy to eliminate substance abuse and its effects in the workplace and to ensure that employees are in a condition to perform their duties safely and efficiently, in the interests of their fellow workers and the public as well as themselves. Section B. Policy It is the City's policy that employees shall not be under the influence of or in possession of alcohol or drugs while on City property, at work locations, or while on duty; shall not utilize such substances when they have a reasonable expectation of call in for duty; shall not possess, provide or sell illegal drugs to any other employee or to any person while on duty; nor have their ability to work impaired as a result of the use of alcohol or drugs. While use of medically prescribed medications and drugs is not per se a violation of this policy, the employee must notify his/her supervisor, before beginning work, when taking medications or drugs (including the possible effects of taking such medication and drugs) which could foreseeably interfere with the safe and effective performance of duties or operation of equipment. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from their physician may be required. The City is committed to providing reasonable opportunity for rehabilitation for those employees whose drug or alcohol problem classifies them handicapped under federal and/or state law. Persons whose use of drugs or alcohol prohibits them from performing the duties of their position, or whose use constitutes a direct threat to property or the safety of others, are not considered handicapped under federal or state law. Section C. Application 20 This policy applies to all employees of the City of Baldwin Park. This policy applies to alcohol and to all substances, drugs, or medications, legal or illegal, which could impair an employee's ability to effectively and safely perform the functions of the job. I�rl�l�w�aya��e :leslac��b��1��1�t�; An employee must: 1. Refrain from the use of, or possession of, illegal drugs or narcotics while on duty; 2. Not report to work while his/her ability to perform job duties is impaired due to alcohol or drug use; 3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours or at any time while on City property; 4. Not directly or through a third party sell or provide illegal drugs to any person, including any employee, while either employee or both employees are on duty; 5. Notify his/her supervisor, before beginning work, when having consumed alcohol or when taking any medications or drugs, prescription or non-prescription, which may interfere with the safe and effective performance of duties or operation of equipment; 6. Report to their supervisor of any criminal drug statute conviction no later than five (5) days after such conviction; 7. Report to the supervisor when they have knowledge of objective evidence that other employees may be under the influence of drugs or alcohol or engaging in illegal drug related activities. Employees who believe they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance through their medical plans or through other resources available in their community. While the City will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those who continue to be substance abusers and do not seek help. Aqt_ag � , � t lZc�r r � sib,lit cS 1. Managers and supervisors are responsible for reasonable enforcement of this policy. 2. Notify the affected contract/granting agency within ten (10) days after receiving notice of any conviction. 3. Prepare and distribute to all employees, a summary of available benefits through the various health plans. Information to be distributed through the Personnel Services office. 21 4. To treat any cases where rehabilitation is recommended or already underway as a medical situation, subject to current medical leave policies. 5. To maintain strict confidentiality on all matters arising under the provision of this policy. Medical information, if necessitated, will be maintained by Personnel Services in separate, secured files. Information will only be shared where there is a bona fide "need to know" by management in instances where referrals, rehabilitation, medical leaves, work accommodation, discipline or other employment related decisions are affected. 6. As with all policies and procedures, any incident or situation requiring management attention is expected to be given thorough and deliberate consideration before any final action is taken, especially in disciplinary cases. Decisions made on such cases under this policy will be subject to review by an individual's department head, and Personnel/Risk Manager. A,I;V `II,E.,E�� XU1 I I '1+ FREE' WORKPLACY, Section 18, of the Personnel Rules and regulations, relating to smoking in the City workplace will be amended to read as follows: Section A. Purpose The purpose of this policy is to set forth City Council direction in regard to smoking by City employees in City facilities and to encourage non-smoking by City employees in the workplace. This policy is necessary because such smoking is recognized as a hazard to the health of smokers and lion -smokers alike. All employees must be aware of the provisions of City Council Ordinance No. 1232 which prohibits smoking by anyone in and around City -owned premises and public parks and other recreational facilities. City owned premises is defined as a building or site owned and occupied, or leased and occupied, by the City of Baldwin Park for any municipal function, and includes the entire site of the City -owned premises and all structures thereon. City owned premises shall not include any public sidewalk adjacent to the sit of City -owned premises, nor any building owned in part by the Baldwin Park Redevelopment Agency which ios also partly owned by a private individuals or Owner Participation Agreement. City - owned premises include, but are not limited to, City Hall, the City Yard, and the site occupied by the City Housing Authority. Public Park means any park, roadside rest, or other site designated by the City of Baldwin Park for any recreational purpose which is owned, managed or controlled by the City, and includes the entire site of the public park, all structures thereon, and any public sidcw�lk adjacent to that site. Public park includes, but is not limited to, the Julia McNeill Se for Center, the Esther Snyder Community Center, Morgan Park, 22 Barnes Park, Hilda Solis Park, Walnut Creek Nature Park, and the Baldwin Park Teen Center and Skate Park. This policy governs all areas of city -owned buildings not considered to be public access areas and not therefore, governed by Ordinance No. 1232. These areas would include employee offices; rooms or hallways not normally open to the public, employee lounges, and kitchens, lunchrooms and employee break rooms, workstations, locker rooms, city vehicles and other common employee areas. Smoke or Smoking is defined as the burning of any form of tobacco, in a pipe, cigar or cigarette or any other device used for the burning of tobacco or other similar combustible material, so that the person in possession thereof can inhale and exhale the smoke there from. Policy (This policy will supersede the policy effective September 7, 1989) Effective January 1, 1995, smoking in all areas of City -owned buildings and City - owned vehicles, is prohibited. Should any dispute arise from this policy, it shall be directed to the Executive Team. Section B. Procedure The Maintenance Division shall be responsible for posting and maintaining all signs in accordance with the standards approved by the Executive Team. Signs in private offices shall be the responsibility of the office occupant. "No smoking" signs shall be available from the Maintenance Division. Those managers and supervisors closest to employee work sites are hereby charged with the implementation of and compliance with this policy. The Executive Team is ultimately responsible for such implementation and compliance. The Human Resources Manager shall be responsible for updating this policy as necessary and communicating this policy to all employees. No person shall discharge, discipline or in any manner retaliate against any employee because such employee exercises any rights afforded by this policy. AhtTI°L1, ..ill LIMITED REOPENER The purpose of this reopener shall be limited, except as provided below, to proposed modifications in existing MOU language. The reopener shall not result in any increase or decrease in compensation, but shall be utilized to address any MOU ambiguities and/or non - compensation related policies and procedures. Notwithstanding the above limitations to the subject matter of a reopener, a reopener may be requested where another City bargaining unit has had a Cost of Living Adjustment. The City shall provide written notice to the Association of its intent to invoke this section, and a description of the precise language changes that are proposed. City -proposed 23 language changes shall not be implemented without completion of the meet and confer process and as appropriate, completion of any impasse -resolution procedures. 24 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year noted. CLASSIFIED MANAGEMENT EMPLOYEES' ASSOCIATION Rose Tam, Representative ._„1 1 .. Date �.........�...� CITY OF BALDWIN PARK Manuel Lozano, Mayor Date ATTACHMENT" #4 RESOLUTION NO. 2015-059 MEMORANDUM OF UNDERSTANDING BALDWIN PARK POLICE OFFICERS' ASSOCIATION RESOLUTION NO. 2015 - 059 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK APPROVING THE MEMORANDUM OF UNDERSTANDIG BETWEEN THE BALDWIN PARK POLICE OFFICERS ASSOCIATION PROVIDING FOR EMPLOYEES REPRESENTED BY THE BALWIN PARK POLICE ASSOCIATION YEARS 2014 - 2017 WHEREAS, the representatives of the City Council of the City of Baldwin Park have met and conferred with duly authorized representatives of the Baldwin Park Police Officers Association to make equitable adjustments to wages and other terms and conditions of employment; and WHEREAS, the Memorandum of Understanding prepared by said representatives has been presented to the City Council for ratification; and WHEREAS, a majority of the unit members from this group voted to approve the Memorandum of Understanding. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. That this City Council does hereby approve and authorize the City of Baldwin Park's Chief Executive Officer and Human Resources Manager to sign the "Memorandum of Understanding between the Baldwin Park Police Officers Association and the City of Baldwin Park," attached hereto as Exhibit "A." The Memorandum of Understanding for employees represented by the Baldwin Park Police Officers Association is hereby effective for the period of July 1, 2014 through June 30, 2017. SECTION 2. Resolutions or portions thereof in conflict hereby are hereby repealed. SECTION 3. That the City Clerk shall certify to the adoption of this Resolution and shall forward a certified copy hereof to each Department Head and the Human Resources Manager. APPROVED AND ADOPTED THIS 5th day of August, 2015. Manuel Lozano Mayor Resolution 2015-059 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Alejandra Avila, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the 5th day of August, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCILMEMBERS: Alejandra Avila CITY CLERK EXHIBIT "A" WILL BE PROVIDEDN A SUPPLEMENTAL AS INDICATED INT STAFF EPORT BACKGROUND ATTACHMENT #5 RESOLUTION NO. 2015-081 AMENDMENT TO EXECUTIVE EMPLOYEES BENEFITS MATRIX AND UNCLASSIFIED MANAGERS BENEFITS MATRIX RESOLUTION NO. 2015 - 081 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF BALDWIN PARK AMENDING THE EXECUTIVE EMPLOYEES BENEFITS MATRIX AND THE UNCLASSIFIED MANAGERS EMPLOYEES BENEFITS MATRIX WHEREAS, on April 20, 2005, the City Council adopted Resolution 2005-029 approving the EXECUTIVE EMPLOYEE BENEFITS MATRIX; WHEREAS, the Unclassified Managers receive benefits set forth in the EMPLOYEE BENEFIT MATRIX, as currently approved; and WHEREAS, the City is desirous of amending specified benefits in both EXECUTIVE EMPLOYEE BENEFITS MATRIX and the Unclassified Managers EMPLOYEE BENEFIT MATRIX. NOW, THEREFORE, the City Council of the City of Baldwin Park does hereby RESOLVE, DETERMINE AND ORDER as follows: SECTION 1. That the City Council does hereby approve the EXECUTIVE EMPLOYEE BENEFITS MATRIX attached hereto as Exhibit "A." SECTION 2. That the City Council does hereby approve the Unclassified Managers EMPLOYEE BENEFIT MATRIX attached hereto as Exhibit "B." SECTION 3. That all Resolutions or portions thereof or any previous contract or agreement in conflict herewith are hereby repealed and superseded by the attached documents "A" and "B." SECTION 4. That the City Clerk shall forward a copy of this resolution to the Human Resources Manager and certify to the adoption of this Resolution. SECTION 5. That this Resolution shall go into effect immediately upon adoption. APPROVED AND ADOPTED THIS 5th day of August, 2015. Manuel Lozano Mayor Resolution 2015-081 Page 2 ATTEST: STATE OF CALIFORNIA COUNTY OF LOS ANGELES ss. CITY OF BALDWIN PARK I, Alejandra Avila, City Clerk of the City of Baldwin Park, do hereby certify that the foregoing Resolution was duly and regularly approved and adopted by the City Council of the City of Baldwin Park at its regular meeting of the 5th day of August, 2015, by the following vote: AYES: COUNCIL MEMBERS: NOES: COUNCIL MEMBERS: ABSTAIN: COUNCIL MEMBERS: ABSENT: COUNCILMEMBERS: Alejandra Avila CITY CLERK ATTACHMENT "A" Cost of Livina Adiustments Resolution 2015-081 Page 3 The following unadjusted base salary increases shall be provided to all Executive Employees: a) Retro -active to the first payroll period commencing on or after July 1, 2014 — 1% b) Effective the first payroll period commencing on or after January 1, 2015 — 2% c) Effective the first payroll period commencing on or after July 1, 2015 — 2% d) Effective the first payroll period commencing on or after July 1, 2016 — 2% Insurances/SuppMlrnental Vage_a ments Benefits Plan Effective July 1, 2004, the City will contribute a sum not to exceed $1,200.00 per month for each Executive employee towards benefits as detailed below: The employee is required to maintain a minimum coverage for himself/herself in a plan of their choice, unless the employee can show proof they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: 1.. Placement in a City provided health insurance plan for self, two (2) party or family coverage. 2. Placement in a City provided dental insurance plan for self, two (2) party or family coverage. 3. Placement spread over a combination of the options listed above. 4. Elect to receive any excess monies in cash, which will be considered as taxable income, or 5, Elect to place the excess cash monies in a City provided deferred compensation program. Vision Plan Resolution 2015-081 Page 4 Effective January 1, 2009, the City will provide a vision plan, and will contribute up to a maximum premium cost of $32.12 per month. Life Insurance The City will provide term life insurance in the face amount of $60,000. VehicleNehicle Allowance Effective July 1, 2004, the City will provide an Executive employee the choice to receive a City -owned vehicle or will provide an amount of $300.00 per month vehicle allowance for those Executive employees who choose to utilize their own personal vehicle for City business. Cell Phone Allowance Effective July 1, 2004, the City will provide an Executive employee an amount of $75.00 per month for use of a personal cell phone for City business. Lona -Tera DisabilitV and Short Term tisabilit The City will provide long-term and short-term disability insurance coverage as set forth in the plan on file in the Personnel Services Office. Retirement — Miscellaneous Em to ees Effective July 1, 2005, the City will amend the City's contract with the Public Employees' Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for the Local Miscellaneous Employees and to incorporate employee shared participation towards the contributions of said retirement benefit. In order for the City to provide the benefits as stated herein, the City amended its contract with PERS. Pursuant to the amendments with PERS, the City is obligated to contribute 4.598% of the employees' base salary as its contributions to PERS. In addition, the employees are obligated to pay 8% of its base salary as its contribution to PERS. Effective July 1, 2005, both the employees and the City agree that in order for the City to provide benefits as stated herein, the employees express agree and hereby enter into this Addendum to pay the City's cost of 4.598% of the employees' base salary in order to receive the benefits as agreed to herein. The City expressly agrees to pay 7% of the 8% of the employees' contribution to PERS. Employees expressly agree to pay its additional cost of 1 % of employees' base salary. Accordingly, the employees agree to a pay a total cost of 5.598% of the base salary. The employees' cost will be reflected on the pay period ending date of July 2, 2005, pay date of July 7, 2005. On July 1, 2006 — Employees will pay 5% and the City will pay 1.766% increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. The employee's cost will be reflected after the pay period ending date of July 1, 2006. Resolution 2015-081 Page 5 On June 30, 2007 — Employees will pay 3% and the City will pay 3.766% increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. The employee's cost will be reflected after the pay period ending date of June 30, 2007. CalPERS Member contribution- Miscellaneous Employees: o Effective as soon as reasonably practical and consistent with CalPERS documentary requirements, the City shall amend its contract with CalPERS consistent with unit employees agreeing to pay an additional 5% towards the 8% of the member contribution in exchange for an offset wage increase of the same amount. CalPERS Member contribution- Sworn Employee: o Effective as soon as reasonably practical and consistent with CalPERS documentary requirements, the City shall amend its contract with CalPERS consistent with executive employees agreeing to pay 9% of the member contribution in exchange for an offset wage increase of the same amount. All such employee contributions shall be deposited in the member's retirement account. Retirement Sworn Ern to ee The City will pay 100% of the employee's contribution to the CalPERS retirement program and provide retirement benefits at the 3% at 50 formula as currently specified under the City's contract with the California Public Employees' Retirement System. All such employee contributions shall be deposited in the member's retirement account. Attendance and Leaves Sick Leave The general policy for sick leave will be as set forth, for all full-time employees, in Section 11.4 of the Personnel Rules. Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. Effective September 7, 1994, each eligible employee shall elect their maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave hours accrual bank. Resolution 2015-081 Page 6 Annual Sick Leave Incentive — Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 75% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Vacation All Executive employees shall accrue vacation leave in accordance with the following: a. Employees having less than five (5) years service with the City: 3.6923 hours on a biweekly basis for time actually worked. b. Employees having more than five (5) years service but less than ten (10) years service with the City 4.6154 hours on a biweekly basis for time actually worked. c. Employees having more than ten (10) years but less than fifteen (15) years service with the City: 5.5385 hours on a biweekly basis for time actually worked. d. Employees having more than fifteen (15) years but less than twenty (20) years service with the City: 6.4615 hours on a biweekly basis for time actually worked. e. Employees having over twenty (20) years service with the City: 7.3846 hours on a biweekly basis for time actually worked. Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Bereavement Leave Each Executive employee shall receive the equivalent of three (3) working days per incident, as needed, for a death in his or her immediate family. Immediately family shall mean and include only the employee's spouse, children, step -children, parents, spouse's parents, grandparents, spouse's grandparents, brothers and sisters. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement be provided. Administrative Leave Effective July 1, 2004, each Executive employee shall receive a maximum of seventy-two (72) hours of administrative leave with pay each fiscal year. Unused time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. Resolution 2015-081 Page 7 All Executive employees are currently working on an alternate work schedule of four (4) days, ten (10) hours. While assigned to such work schedule, the following days shall be observed as holidays: January 1St, the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; December 2.4th; December 25th; and such other days as may be designated as holidays by motion of the City Council. If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. Floatin Holiday For each Executive employee working the 4/10 plan such employee will receive two (2) ten (10) hour days of floating leave, for a total of 20 hours. Holiday Bank At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("Holiday Bank"). Each affected employee will also be credited with the above floating holidays. For Executive Employees working the four (4) day, ten (10) hour alternate work schedule, the holiday bank will be calculated at ten (10) hours per holiday. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. Each January 1, such excess hours will be removed form the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30 of the same year. If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank, administrative leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. Compensation for Accrued Leave Time Resolution 2015-081 Page 8 Notwithstanding the maximum accruals established for vacation, administrative leave and holiday bank, Executive employees may accrue up to a maximum of three (3) months of additional paid leave time composed of a combination of vacation, administrative leave and/or holiday bank time. UNCLASSIFIED MANAGERS' BENEFITS MATRIX Cost of L. vin ad'Ustments Resolution 2015-081 Page 9 The following unadjusted base salary increases shall be provided to all Executive Employees: a) Retro -active to the first payroll period commencing on or after July 1, 2014 — 1 % b) Effective the first payroll period commencing on or after January 1, 2015 — 2% c) Effective the first payroll period commencing on or after July 1, 2015 — 2% d) Effective the first payroll period commencing on or after July 1, 2016 — 2% .Insurances elemental to e Pa rnents Benefits Plan Effective during the payroll period commencing January 2, 2005, the City will contribute to each employee a sum not to exceed the following towards benefits as detailed in this section. January 2, 2005 through July 2, 2005 $750.00/month July 3, 2005 through July 1, 2006 $800.00/month July 2, 2006 through June 30, 2007 $900.00/month July 1, 2007 $950.00/month The employee is required to maintain a minimum coverage for himself/herself in a plan of their choice unless the employee can show proof they have adequate health insurance coverage through another source. In instances where the employee's medical insurance premium is less than the City's monthly contribution, such employee will have an option to have the excess monies placed toward an existing benefit program. These options include: 6. Placement in a City provided health insurance plan for self, two (2) party or family coverage. 7. Placement in a City provided dental insurance plan for self, two (2) party or family coverage. 8, Placement spread over a combination of the options listed above,: 9. Elect to receive any excess monies in cash, which will be considered as taxable income, or 10. Elect to place the excess cash monies in a City provided deferred compensation program. Resolution 2015-081 Page 10 Vision Plan The City will provide a vision plan to all affected employees, and will contribute up to a maximum premium cost of $34.05 per month. If the premium exceeds the amount, then the employee shall be responsible to pay the difference in excess of $32.12 Life InSUrance The City will provide term life insurance in the face amount of $50,000.00 effective January 1, 2005. The City will provide a supplemental life insurance program to enable employees to purchase additional life insurance at the employee's cost and no contribution from the City. Dental Plan Enhancement Effective June 1, 1993, the City will provide for the dental plan enhancement of orthodontics to the "Reimbursable Plan Choice" of the City's dual choice dental plan. Additional cost for this enhancement will be paid for by the City. Those affected individuals currently enrolled in the "Pre -paid Plan Choice" presently receive this benefit. Lon -Term Disabilit and Short Term Disabilit The City will provide each employee with long-term disability insurance coverage as set forth in the plan on file in the Human Resources Office. Effective June 1, 1993, affected employees will be eligible to receive benefits commencing on the 31St day of non -work related injury or illness, and employees will be eligible to receive a maximum benefit of 66 2/3% of their current base salary up to a maximum of $5,000 per month. RPtinzmPnt The City will pay 100% of the employer's contribution to the CalPERS retirement program and provide retirement benefits as currently specified under the City's contract with the California Public Employees Retirement System. In order for the City to provide the benefits as stated herein, the City amended its contract with PERS. Pursuant to the amendments with PERS, the City is obligated to contribute 4.598% of the employees' base salary as its contributions to PERS. In addition, the employees are obligated to pay 8% of its base salary as its contribution to PERS. Effective July 1, 2005, the City will amend the City's contract with the Public Employee's Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for the Local Miscellaneous Employees and to incorporate employee shared participation towards the contribution of said retirement benefit. The employee shared participation of contributions shall be implemented as follows: Resolution 2015-081 Page 11 On July 1, 2005 — employees will pay 100% of the 6.766% increase to normal cost (difference between 2% @55 and 2.7% @ 55 retirement formulas) of their base salary. The employee's cost will be reflected after the pay period ending date of July 2, 2005. On July 1, 2006 — employees will pay 5% and the City will pay 1.766% increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. The employee's cost will be reflected after the pay period ending date of July 1, 2006. On June 30, 2007 — Employee's will pay 3% and the City will pay 3.766% increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. The employee's cost will be reflected after the pay period ending date of June 30, 2007. All such employee contributions shall be deposited in the member's retirement account. The City will continue to pay the current employee's contribution of seven (7%) of the employee's base salary to the Public Employees' Retirement System in addition to the allocated percentage for the increase to normal cost (difference between2% @ 55 and 2.7% @ 55 retirement formulas) Effective as soon as reasonably practical and consistent with CalPERS documentary requirements, the City shall amend its contract with CalPERS consistent with unit employees agreeing to pay an additional 5% towards the 8% of the member contribution in exchange for an offset wage increase of the same amount. Rim Effective July 5, 2005, the City agrees to increase the bilingual pay amount from seventy- five dollars ($75.00) to one hundred dollars ($100.00) per month to a person who is capable of speaking, reading, writing and/or interpreting the language of Spanish, Chinese, Japanese, Vietnamese, Tagalog and Signing. Qualifying tests established by the City shall make determination of capability. Re -testing of individuals will be required to determine bilingual capability in the above stated languages. Only those individuals who score at the level of "Good" or better will be eligible for Bi -lingual pay. Month1v Phone Allowance Effective July 4, 2004, the City agrees to implement a monthly cellular telephone allowance of $40.00 per month. Attendance and Leaves Sick Leave The general policy for sick leave will be as set forth, for all full-time employees, in Section 11.4 of the Personnel Rules. Resolution 2015-081 Page 12 Sick leave will accrue at the rate of 3.6923 hours on a biweekly basis and shall be debited on an hourly basis. Each eligible employee shall elect his/her maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900 hours. If an eligible employee wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at 75% of the total value, with the timing and method of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave. Annual Sick Leave Incentive — Sick leave shall accrue on hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive75% of the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Bereavement Leave Each classification represented by the Association shall receive the equivalent of their workweek per incident, as needed, for a death in their immediate family. Immediate family shall mean and include only the employee's spouse, children, stepchildren, foster children, grandchildren, parents, grandparents, brothers, sisters, State Registered Domestic Partner and spouse's Parents and spouse's grandparents. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement is provided. Vacation Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. The times during which an employee may take his/her vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service. Employees shall, each calendar year, be required to take a minimum of forty (40) consecutive hours vacation leave. In addition, an employee may, with approval of the appointing authority, use vacation leave in lesser increments during the calendar year. Resolution 2015-081 Page 13 Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave. A vacation period is defined as the maximum amount of vacation leave accrued by an employee in any calendar year, in accordance with Subsections (a), (b), (c), (d) and (e), as stated below. f. Employees having less than five (5) years of employment (vacation accrual = 96 hours per year) the maximum amount of vacation that may be accumulated shall be 192 hours. g. Employees having more than five (5) years service but less than ten (10) years of employment (vacation accrual = 120 hours per year), the maximum amount of vacation that may be accumulated shall be 240 hours. h. Employees having more than ten (10) years but less than fifteen (15) years of employment (vacation accrual = 144 hours per year), the maximum amount of vacation that may be accumulated shall be 288 hours. i. Employees having more than fifteen (15) years but less than twenty (20) years of employment (vacation accrual = 168 hours per year), the maximum amount of vacation that may be accumulated shall be 336 hours. Employees having over twenty (20) years of employment (vacation accrual — 192 hours per year). The maximum amount of vacation that may be accumulated shall be 384 hours. If the employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to, and approval of the Department Head, an employee will be given an extension in order to take his/her vacation. In cases where the employee forfeits vacation leave time at the request of the City, upon approval of the Chief Executive Officer or designated representative(s), said employee shall be compensated for forfeited vacation leave time at the employee's current rate of pay. It is the employee's responsibility to schedule vacation time well in advance to avoid forfeiting his/her vacation or to avoid any conflicts. Employees will be entitled to utilize accrued vacation leave after completion of (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. The times during which an employee may take his/her vacation leave shall be determined by the appointing authority with due regard for the wishes of the employee and for the needs of the service. Employees will be notified on a quarterly basis of their current and potential maximum vacation hours accrual for the calendar year to assist them in the reduction of excess accrued vacation hours. Resolution 2015-081 Page 14 In the event a legal holiday falls during a vacation leave, such holiday shall not be charged as vacation leave, and the vacation leave shall be extended or accredited accordingly. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave. Administrative Leave Effective July 1, 2004 each employee shall receive a maximum of fifty (50) hours of administrative leave with pay each fiscal year. The use of such leave shall be at the reasonable discretion of the employee Unused time at the end of each fiscal year, June 30, will be paid during the following month of July with said time being calculated at their then straight time hourly rate. Holidays For employees working a 4/10 plan, the following days shall be observed as holidays: January 1St, the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; December 24th; 'December 25th; and such other days as may be designated as holidays by motion of the City Council, If any of the foregoing holidays falls on a Friday and/or Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. y� �, y 91A Employees working a 4/10 plan will receive two (2) ten (10) hour days of floating leave, for a total of twenty (20) hours. Holidav Bank At the beginning of each calendar year, the City will determine how many of the set holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("holiday bank"). Each affected employee will also be credited with the above floating holidays. The actual date for the use of such leave shall be subject to the approval of the Chief Executive Officer. This holiday bank leave can be used in hourly increments and combined with other leave. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. If an employee, because of business necessity, is not able to utilize accrued holiday bank hours, upon written request to, and approval of the Chief Executive Officer, the employee will be paid for any excess hours over his/her maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid not later than June 30 of the same year. Resolution 2015-081 Page 15 If an employee separates employment from the City, and has used holiday bank time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank, administrative leave and/or final paycheck reduced to reflect the excess holiday bank time used. If an employee separates employment from the City, and has not used any eligible accrued holiday bank time, he/she will be paid for such eligible holiday bank time at his/her straight time rate. SUBJECT: SUPPLEMENTAL DOCUMENTS — MEMORANDUM OF UNDERSTANDING (MOU) BETWEEN CITY OF BALDWIN PARK AND BALDWIN PARK POLIC < FFICERS ASSOCIATION; AND SALARY MATRYMS TO INCLUDE AS EXHIBITS TO EACH OF THE RESPE IVE MOU DOCUMENTS APPEARING ON THE A { NDA OF AUGUST 5, 2015 Honorable Mayor and City Council, Attached please find the City of Baldwin Park Memorandum of Understanding (MOU) July 1, 2014, through and including July 30, 2017, by and between the Baldwin Park Police Officers Association (POA) and the City of Baldwin Park. This document reflects the signatures of representatives of the POA and was not available at the time of publishing and posting of the Agenda. Additionally, included here are the salary matrices the Classified Management Association (CMEA); Professional and Technical City Employees Association (CEA); and Classified Confidential Employees Association (CCEA) which were not available at the time the Agenda was published and posted, The salary matrices are supporting exhibits and do not change the content of the MOUs, respectively. Please let me know if you should have any questions or concerns. Attachments: #1 - Memorandum of Understanding (MOU) - Baldwin Park Police Officers Association (POA) #2 — Salary Schedule — Classified Management Employees Association (CMEA) #3 — Salary Schedule — Classified Management Employees Association (CEA) #4 — Salary Schedule — Classified Management Employees Association (CCEA) Attachment #I Memorandum of Understanding (MOU) City of Baldwin Park and Baldwin Park Police Officers Association (POA) CITY OF BALDWIN PARK MEMORANDUM OF UNDERSTANDING JULY 1, 2014 THROUGH AND INCLUDING JUNE 30, 2017 BY AND BETWEEN THE BALDWIN PARK POLICE ASSOCIATION AND THE CITY OF BALDWIN PARK This Memorandum of Understanding has been prepared pursuant to Government Code Sections 3500 through 3510 as amended, which is generally referred to as the Meyers-Millas- Brown Act. This Memorandum of Understanding has been developed as a result of the requests of the Baldwin Park Police Association, This Memorandum of Understanding is subject to the approval of the City Council of the City of Baldwin Paris and will be placed into effect upon the adoption of the necessary ordinances and resolutions by the City Council, if acceptable to them, in accordance with the terms and conditions hereinafter set forth. The parties agree that the provisions contained herein shall be subject to all applicable laws and cover the period of July 1, 2014 through June 30, 2017, unless otherwise provided. The effective date of changes in all matters within the scope of representation set forth herein, are as specified in the particular MOU sections. 1 Section 1 - Rights and Recognition Recognition The City hereby recognizes the Baldwin Park Police Association, as the representative of the employee's representation unit consisting of the classifications set forth in the appropriate salary schedules. Management Ri hts All management rights and functions except those, which are clearly and expressly limited in this Memorandum of Understanding, shall remain vested exclusively in the City. It Is expressly recognized merely by way of illustration and not by way of limitation that such rights and functions include, but are not limited to: 1. Manage the City. 2. Schedule working hours. 3. Establish, modify or change work schedules or standards. 4. Institute changes in procedures, 5. Direct the work force, including the right to hire, promote, demote, transfer, suspend, discipline or discharge any employee. 6. Determine the location of any new facilities, buildings, departments, divisions, or sub -divisions thereof, and the relocation, sale, leasing or closing of facilities, departments, divisions or subdivisions thereof. 7. Determine services to be rendered. 8. Determine the layout of buildings and equipment and materials to be used therein. 9. Determine processes, techniques, methods, and means of performing work. 10. Determine the size, character and use of inventories. 11. Determine a financial policy including an accounting procedure. 12. Determine the administrative organization of the system. 13. Determine selection, promotion or transfer of employees. 14. Determine the size and characteristics of the work force. 15. Determine the allocation and assignment of work to employees. 16. Determine policy affecting the selection of new employees. 17. Determine the establishment of quality and quantity standards and the judgment of quality and quantity of work required. 18. Determine administration of discipline. 19. Determine control and use of City property, materials and equipment. 20. Schedule work periods and determine the number and duration of work periods. 21. Establish, modify, eliminate or enforce rules and regulations. 22. Place work with outside firms. 23. Determine the kinds and numbers of personnel necessary. 24, Determine the methods and means by which such operations 2 are to be conducted. 25. Require employees, where necessary, to take In-service training courses during working hours. 26. Determine duties to be included in any job classification. 27. Determine the necessity of overtime and the amount of overtime required. 28. Take any necessary action to carry out the mission of the City in cases of an emergency. 29, Prescribe a uniform dress to be worn by designated employees, The exercise of the foregoing powers, rights, authority, duties, and responsibilities by the City, the adoption of policies, rules, regulations and practices in furtherance thereof, and the use of judgment and discretion in connection therewith, shall be limited only by the specific and express terms of this contract, and then only to the extent such specific and express terms are in conformance with law. Any dispute arising out of or in any way connected with either the existence of or the exercise of any of the above-described rights is not subject to the grievance provision unless such dispute is otherwise grievable under another Article of this agreement. Except in emergencies, or where the City is required to make changes In its operations because of the requirements of law, whenever the exercise of management's rights shall impact on employees of the bargaining unit, the City agrees to meet and confer with representatives of the Association, upon request by the Association, regarding the impact of the exercise of such rights, unless the matter of the exercise of such rights is provided for in this Memorandum of Understanding or In the Personnel Rules and/or Salary Resolutions. Savings Clause This Memorandum of Understanding and Personnel Rules are subject to all applicable Federal, State and City laws, ordinances, resolutions and any lawful ruses and regulations enacted by the City Council. If any part or provision of this Memorandum of Understanding or Personnel Rules is in conflict or inconsistent with such applicable provisions of Federal, State or City laws, ordinances, resolutions, or is otherwise held to be invalid or unenforceable by any tribunal of competent jurisdiction, such part or provision shall be suspended and superseded by such applicable law or regulations, and the remainder of this Memorandum of Understanding or Personnel Rules shall not be affected thereby. The parties shall enter the Meet and Confer process immediately for the purpose of arriving at a mutually satisfactory replacement of such part or provision. Peaceful Performance Apart from and in addition to existing legal restrictions upon work stoppages, the Association hereby agrees that neither it nor its officers, agents or 3 representatives shall incite, encourage, or participate in any strike, walkout, slow -down, speed-up, sick-out, or other work action for any cause or dispute whatsoever, elther with the City or with any other person or organization, including compliance with the request of other labor organizations to engage in such activities. in the event of work stoppage as enumerated above, the Association, its officers, agents and representatives shall do everything within their - power to end or avert the same, Violation hereof will subject violator to legal and equitable judicial relief, Any employee engaged In or assisting any work stoppage as enumerated above, or refusing to perform duly assigned services in violation of this Article, shall be subject to discipline up to and including termination. It is understood that violation of this Article by the Association will warrant the withdrawal of any rights, privileges or services provided for in this Agreement and/or legal action by the City for redress and/or damages. It is understood that the City may not withdraw recognition of the Association under this Article. Maintenance of Existing Benefits Except as provided herein, there shall be no change in wages, hours, or economic benefits presently enjoyed by affected employees by* virtue of entering into this Memorandum of Understanding. Full Understanding, Modification, and Waiver It is intended that this Agreement sets forth the full and entire understanding of the parties regarding the matters set forth herein, and any other prior or existing understanding or agreement by the parties, whether formal or informal, regarding any such matters are hereby superseded or terminated in their entirety. Except as specifically provided herein, it is agreed and"understood that both parties voluntarily and unqualifiedly waive their right, and agree that the other party shall not be required to negotiate with respect to any subject or matter covered herein during the term of this Agreement. Nothing contained herein shall preclude the parties from mutually agreeing to meet and confer regarding any issue arising during the term of this Agreement. Any agreement, alteration, understanding, variation, waiver, or modification of any of the terms or provisions contained herein shall not be binding upon the parties hereto unless made and executed in writing by all parties hereto, and if required, approved and Implemented by the City Council, The waiver of any breach, term or condition of this Agreement by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. 0 Section 2 - Direct Wage Payments Eligibility to receive any retroactive salary payment(s) or other retroactive compensation provided for in this Section 2 or in any section of this Memorandum of Understanding shall be conditioned upon the affected unit member being employed by the City on the date that the retroactive payment is distributed. Said requirement is consistent with the agreement and understanding of the parties that any and all retroactive payments provided for herein are not intended as compensation for past services rendered. Adoption of a Seven Step Compensation Plan Effective July 4; 2004 a Seven Step Compensation Plan (5% between steps) shall be adopted by the City Council and made a part hereof, and will be on file with the Personnel/Risk Manager or designated representative(s). Employees who receive a minimum overall performance rating of Competent up to a maximum overall performance rating of Superior shall be eligible to receive a one (1) step advancement within their classification. Sala _ Sworn Employees The unadjusted base salary (the salary rate set forth in the City salary matrices the rates without adjustment for bonuses or any other benefits) rates for classifications designated as Sworn Employees shall be increased as follows: 1% effective the first payroll period commencing on or after July 1, 2014 2% effective the first payroll period commencing on or after January 1, 2015 2% effective the first payroll period commencing on or after July 1, 2015 2% effective the first payroll period commencing on or after July 1, 2016 In addition, City shall increase each employee's base salary by an amount equal to 9% of the employee's base salary in order to offset each employee's 9% of base salary amount contributed to CaIPERS ("CaIPERS offset) upon ratification of the contract between the City and CaIPERS that implements this MOU. The City shall take all reasonable steps to insure that this ratification occurs as soon as possible. Each of the foregoing percentage increases to the base salary and the CaIPERS offset for each pay step for each sworn employee job title on the effective dates described above are set forth in the schedule attached hereto as Exhibit 1. Lonclevity Pa — Sworn Employe—es Commencing on June 30, 2017, City shall pay each sworn employee a monthly longevity payment based upon the employee's years of full time law enforcement service to the City in the amount that corresponds to the employee's years of full time service, as set forth below: a) 10 - 14 years of full time service shall entitle employee to $158 per month; or b) 15 —19 years of full time service shall entitle employee to $315 per month; or c) 20 — 24 years of full time service shall entitle employee to $470 per month. d) 25 or more years of full time service shall entitle employee to $675 per month. A sworn employee may earn a longevity payment in the amount commensurate with the employee's completed years of full time service as set forth above provided that the employee shall not be entitled to collect more than one longevity payment at any one time. An employee's longevity payment shall not increase the employee's unadjusted base salary. Instead, the longevity payment will be added to the employee's unadjusted base salary after any subsequent COLA or percentage increase to the employee's unadjusted base salary. Sala - Non -sworn Employees The unadjusted base salary (the salary rate set forth in the City salary matrices — the rates without adjustment for bonuses or any other benefits) rates for classifications designated as Non -sworn Employees shall be increased as follows: 1% effective the first payroll period commencing on or after July 1, 2014 2% effective the first payroll period commencing on or after January 1, 2015 2% effective the first payroll period commencing on or after July 1, 2015 2% effective the first payroll period commencing on or after July 1, 2016 In addition, City shall increase each employee's salary by an amount equal to 5% of the employee's base salary in order to offset part of each employee's 8% of base salary amount contributed to Ca[PERS upon ratification of the contract between the City and CalPERS that Implements this MOU. The City shall take all reasonable steps to insure that this ratification occurs as soon as possible. Each of the foregoing percentage increases to the base salary and the CalPERS offset for each pay step for each non -sworn employee job title on the effective dates described above are set forth in the schedule attached hereto as Exhibit 1. Non -Sworn Employees One -Time Pa ment In consideration for the Association agreements as set forth below dismissing pending litigation/ grievance, and for maintaining the non -sworn employee health insurance premium at an amount not to exceed $950.00 monthly, effective the first payroll period commencing on or after City Council adoption of the 2007-2008 MOU, each non - sworn unit member was provided a one-time $800.00 gross distribution. Said distribution was made in single check and reported to the IRS/Franchise Tax Board by means of a Form 1099 and/or any counterpart State form. Accordingly, withholdings shall not be deducted from the gross amount. Each recipient of the distribution shall therefore be individually responsible for reporting said earnings as taxable income. In accord with statutory requirements, said distribution SHALL NOT be reported to PERS as compensation. Salary Re -opener Clause The City retains the right to reopen the meet and confer process for the purpose of salary issues only, should the Federal government, State government or County government change and/or divert revenues that would cause the City's unrestricted revenues to fall significantly below the City's stated projected unrestricted revenues and impact the overall ability of the City to maintain service levels at the then current level. Section 3 - Insurance/Supplemental Wage Payments Health Benefits/ Cafeteria Plan SWORN For each employee enrolled in the City's CalPERS medical plan, the City will contribute the minimum employer contribution to CalPERS as is required by Government Code section 22892 ($122.00 per month for calendar year 2015). Employees may opt -out of enrollment in the City's CaIPERS medical plan only upon proof of enrollment in another group health insurance plan. In addition, the City will contribute to each employee's cafeteria plan a sum equal to $1200 per month minus the monthly City contribution to CalPERS as the minimum employer contribution required by Government Code section 22892. Employees may use cafeteria funds for any of the following options: 1. Premium cost for enrollment in City provided health insurance plan for self, two (2) party, or family coverage 2. Premium cost for enrollment in a City provided dental plan for self, two (2) party, or family coverage. 3. Premium cost for vision care in excess of what the City provides. 4. Election to receive funds in cash, which will be treated as taxable income. 5. Any combination of the foregoing options NON -SWORN For each employee enrolled in the City's CaIPERS , medical pian, the City will contribute the minimum employer contribution to CalPERS as is required by Government Code section 22592 ($122.00 per month for calendar year 2015). Employees may opt -out of enrollment in the City's CaIPERS medical plan only upon proof of enrollment in another group health insurance plan. In addition, the City will contribute to each employee's cafeteria plan a sum equal to $950 per month minus the monthly City contribution to CaIPERS as the minimum employer contribution required 7 by Government Code section 22892. Employees may use cafeteria funds for any of the following options: 1. Premium cost for enrollment in City provided health insurance plan for self, two (2) party, or family coverage 2. Premium cost for enrollment in a City provided dental plan for self, two (2) party, or family coverage. 3. Premium cost for vision care in excess of what the City provides. 4. Election to receive funds in cash, which will be treated as taxable income. 5. Any combination of the foregoing options Retiree Health Benefit Plan for Employees Hired Before July 1, 2015 For all employees hired prior to July 1, 2015, if upon retirement the employee enrolls in the City's CaIPERS medical care plan, the City will pay the minimum employer contribution to CalPERS that is required by Government Code Section 22892. In addition, the City will also pay into the retiree's individual health reimbursement account, or similar reimbursement plan, an amount equal to the difference of the City's minimum employer contribution required by Government Code section 22892 and the premium cost for retiree -only coverage in the retiree's chosen medical plan. Retiree Health Benefit Plan for Employees Hired On or After July 1, 2015 For all employees hired on or after July 1, 2015, if upon retirement'the employee enrolls In the City's CaIPERS medical care plan, the City will pay the minimum employer contribution to CalPERS that Is required by Government Code section 22892. In addition the City will make a contribution to the retiree's individual health reimbursement account, or similar reimbursement plan, based upon the employee's years of service to the City as follows: Credited Years_ of Service 5 years or less: coverage in the retiree's chosen contribution to CaIPERS 6 to 10 full years of service: coverage in the retiree's chosen contribution to CaIPERS 11 to 15 full years of service: coverage in the retiree's chosen contribution to CaIPERS 16 to 20 full years of service: coverage in the retiree's chosen contribution to CaIPERS 21 to 25 full years of service': Percentage of Amount 0% of the premium cost for retiree -only medical plan, less the City's minimum employer 20% of the premium cost for retiree -only medical plan, less the City's minimum employer 40% of the premium cost for retiree -only medical plan, less the City's minimum employer 60% of the premium cost for retiree -only medical plan, less the City's minimum employer 80% of the premium cost for retiree -only 0 coverage in the retiree's chosen medical pian, less the City's minimum employer contribution to CaIPERS 26 full years of service: 100% of the premium cost for retiree -only coverage in the retiree's chosen medical pian, less the City's minimum -employer contribution to CalPERS In addition employees who retire before the age of 57 due to a disability will receive the percentage of the stipend for medical expenses as if the employee had retired at age 57 rather than the employee's age at the time of the employee's disability retirement. For example, an employee who retires ata a 40 with 5 years of City service will be deemed to have worked 5 years plus 17 years (age 40 through a e.57 for a total of 22 ears. This employee would then receive 80% of the premium cost under the formula above, Vision Pian The City will provide a vision plan to all affected employees, effective May 1, 1993, and will contribute up to a maximum premium cost of $32.12 per month. If the premium exceeds this amount, then the employee shall be responsible to pay the difference in excess of $32.12. Life Insurance Effective January 1, 2009 or as soon as reasonably possible thereafter, the City will fund term life insurance in the face amount of $50,000.00. Dental Plan Enhancement Effective May 1, 1993, the City orthodontics to the "Reimbursable Plan The City will pay for the additional individuals currently enrolled in the benefit, Long -Term Disability will provide for the dental plan enhancement of Choice" of the City's dual choice dental plan, cost for this enhancement. Those affected "Pre- paid Plan Choice" presently receive this The City will provide each employee with long-term disability insurance coverage as set forth in the plan on file in the Personnel Services Office. Effective May 1, 1993, affected employees will be eligible to receive benefits commencing on the 31st day of non -work related injury or illness, and employees will be eligible to receive a maximum benefit of 66 2I3% of their current base salary up to a maximum of $6,000 per month. Retirement and Deferred Compensation - Non -sworn O n July 1, 2005, the City amended the City's contract with the Public Employees' Retirement System (PERS) to provide benefits at the 2.7% at 55 formula for the Local Miscellaneous Employees and to incorporate employee shared participation X towards the contributions of said retirement benefit. The employee's shared participation of contributions shall be implemented as follows: Since July 1, 2006 -- Employees pay 5% and the City pays 1.766% increase to normal cost (difference between 2% @ 55 and 2.7% @ 55 retirement formulas) of their base salary. City shall offset part of each employees 8% of base salary amount that each employee pays as his or her CaIPERS contribution by increasing each employee's base salary by an amount equal to each employee's 5% CaIPERS contribution ("CaIPERS offset") upon ratification of the contract between the City and CaIPERS that implements this MOU. The forgoing CaIPERS offsets to the base salary for each pay step for each non -sworn employee job title are set forth in the schedule attached hereto as Exhibit 2. All such employee contributions shall be deposited in the member's retirement account. Effective June 30, 2004, the City shall contribute 1% of each non -sworn employee's unadjusted bi-weekly base salary into a City sponsored deferred compensation plan. Commencing on July 1, 2015, the City shall increase this contribution from 1% to 2°/a. Effective as soon as reasonably practical and consistent with CaIPERS documentary requirements, the City shall amend its contract with CaIPERS to provide for Level V of the 1959 Survivor's Benefit, conditioned upon said amendment resulting in no increased CaIPERS City contribution rate or other CaIPERS cost and/or no decrease in the City's CaIPERS account value, Retirement - Sworn The Employee will pay 100% of the employee's nine percent (9%) contribution to the P.E.R.S. retirement program and provide retirement benefits at the 3% at 50 formula as currently specified under the City's contract with the Public Employees' Retirement System. All such employee contributions shall be deposited in the member's retirement account. City shall offset each employee's 9% of base salary amount that each employee pays as his or her CaIPERS contribution by increasing each employee's base salary by an amount equal to each employee's 9% CaIPERS contribution ("CaIPERS offset") upon ratification of the contract between the City and CaIPERS that implements this MOU. The forgoing CaIPERS offsets to the base salary for each pay step for each non -sworn employee job title are set forth in the schedule attached hereto as Exhibit 3. Effective as soon as reasonably practical and consistent with CaIPERS documentary requirements, the City shall amend its contract with CaIPERS to provide for Level V of the 1959 Survivor's Benefit, conditioned upon said amendment resulting in no Increased CaIPERS City contribution rate or other CaIPERS cost and/or 10 no decrease in the City's CaIPERS account value. Bilingual Pay Effective the first payroll period commencing on or after July 1, 2008, the City shall pay one hundred dollars ($100.00) per month to a person who is capable of speaking, reading, writing and/or interpreting the languages of Spanish, Chinese, Japanese, Vietnamese, Tagalog, Signing, Armenian and Farsi. Qualifying tests established by the City shall make the determination of capability. Snecial-v Assignments Sworn and non -sworn employees shall be selected for, and be removed from, assignments by the Chief of Police at his/her discretion. Employees shall not acquire vested property rights in those special assignments or the pay attached thereto. The Chief of Police reserves the right to schedule hours of assigned personnel, as he deems necessary. Commencing on January 15, 2015, a sworn employee who is assigned to any one of the following assignments shall be paid an additional increment of $300 per month (or a pro -rata share thereof): Canine Officer Detective Detective Sergeant Field Training Officer Training Sergeant Motorcycle Officer Traffic Sergeant Juvenile Resource Officer Helicopter Observer Officer Gang Investigator Supervisor Gang Investigator SWATIONT Provided that no employee shall be compensated for more than two assignments regardless of the number of such specialty assignments to which the employee is assigned. An employee's specialty assignment payment shall not increase the employee's unadjusted base salary. Instead, the specialty assignment payment will be added to the employee's unadjusted base salary after any percentage increase to the employee's unadjusted base salary. Non -Sworn employees that are designated by a supervisor to train other personnel will receive training pay. In order to receive compensation for training other employees, said designated trainers shall be required to train a minimum of one full 11 pay period. Training pay will be compensated at $150 per month not to exceed four (4) months. Commencing January 1, 2015, a designated trainer who has been employed ten (10) years or more, shall also receive $200 per month as training pay but which shall not exceed four (4) months. The Chief of Police may authorize an additional two (2) months in any fiscal year upon a showing of need for such additional training. An employee's training payment shall not increase the employee's unadjusted base salary. Instead, the training payment will be added to the employee's unadjusted base salary after any percentage increase to the employee's unadjusted base salary. The following non -sworn positions will be eligible for training pay: Dispatch Trainer (2) Records Trainer (2) Paring EnforoementTrainer (1) Canine Assignment By and through the Association, the canine handlers agree that the amount of monthly time reasonably necessary to provide for the care and maintenance of their animals and their vehicles is 28 hours. Accordingly, each affected canine handler shall be credited with 28 hours worked as full time spent in the care and maintenance of their animals and vehicles. Effective the first payroll period commencing on or after July 1, 2008, said hours shall be compensated at the rate of 1.5 times the state - mandated minimum hourly rate. The City and Officers understand and agree that this additional compensation is intended to compensate canine officers for all off duty hours spent caring, grooming, feeding and otherwise maintaining their canine and canine unit, in compliance with the FLSA and interpretive cases and rulings. The parties acknowledge that the FLSA, which governs the entitlement to compensation for canine duties, entities the parties to agree to a reasonable number of hours per month for the performance of off duty canine duties. The hours derived at in this agreement were determined after an actual inquiry of the officers assigned in the canine special assignment as addressed by Leever v. City of Carson City, 360 F.3d 1014 (9th Cir. 2004). It is the intent of the parties through the provisions of this section to fully comply with the requirements of the FLSA. In addition, both parties believe that this section of the MOU does comply with the requirements of the FLSA. Educational or P.O.S.T. Certificate Payment - Sworn Personnel Effective July 1, 2015, City shall pay each sworn employee a monthly payment upon the employee's receipt of one of the following degrees or upon the employee's receipt of one of the following P.O.S.T. Certificates in the amount that corresponds to 12 the achievements listed below: (a) An officer with an AA Degree or Intermediate P.O.S.T.: $370 per month; (b) An officer with a Bachelor's Degree or Advanced P.O.S.T.: $465 per month; (c) A sergeant with an AA Degree or Intermediate P.O.S.T.: $400 per month; (d) A sergeant with a Bachelor's Degree or Advanced P.O.S.T.: $560 per month. In order to receive payment for an AA or Bachelor's degree, the employee shall submit evidence that his or her degree has been issued by a college or university that is accredited by one of the national accrediting institutions provided that such payment shall be paid from the date of the submission of said evidence - not from the date of the issuance of the degree, No such employee shall be entitled to payment for more than one degree. Any such payment shall not increase the employee's unadjusted base salary. Instead, any such payment will be added to the employee's unadjusted base salary after any percentage increase to the employee's unadjusted base salary. In order to receive payment for a P.O.S.T. Certificate, the employee shall submit evidence that the P.O.S.T. Certificate has been issued to the employee provided that said payment shall be paid from the date of the submission of said evidence — not from the date of the issuance of the P.O.S.T. Certificate. No such employee shall be entitled to payment for more than one of P.O.S.T. Certificate under this section. Any such payment shall not increase the employee's unadjusted base salary. Instead, any such payment will be added to the employee's unadjusted base salary after any subsequent COLA or percentage increase to the employee's unadjusted base salary. An officer who has one -such degree and one such P.O.S.T. Certificate may receive only one payment of $370 or $465 per month, as applicable, regardless of the number of degrees or P.O.S.T. certificates the officer may have received. No officer shall receive both a monthly payment for a degree and a monthly payment for a P.O.S.T. Certificate An sergeant -who has one such degree and one such P.O.S.T, Certificate may receive only one payment of $400 or $560 per month, as applicable, regardless of the number of degrees or P.O.S.T. certificates the sergeant may have receoved. No sergeant shall receive both a monthly payment for a degree and a monthly payment for a P.O.S.T. Certificate. Supervisory P.O.S.T. Certificate Effective June 30, 2017, City shall pay each sergeant a supplemental payment of $300 per month in the event the sergeant receives a Supervisory P.O.S.T. Certificate. In order to receive said supplement payment, the sergeant shall submit evidence that the Supervisory P.O.S.T. Certificate has been issued to him or her provided that said supplemental payment shall be paid from the date of the submission of said evidence — not from the date of the issuance of the P.O.S.T. Certificate. The supplemental payment shall not increase the employee's unadjusted base salary. Instead, the supplemental payment 13 will be added to the employee's unadjusted base salary after any subsequent COLA or percentage increase to the employee's unadjusted base salary. The supplemental payment shall be paid to a sergeant with a Supervisory P.O.S.T. Certificate even though the sergeant also receives payment for a degree or P.O.S.T. Certificate hereinabove described. Educational Incentive - Non -sworn Personnel Each non -sworn employee who possesses an Associate of Arts Degree from an accredited college or university shall receive an additional twenty-five dollars ($25) per month. Each non -sworn employee who possesses a Baccalaureate Degree from an accredited college or university shall receive an additional fifty dollars ($50) per month. P.O.S.T. Certificate Payment — Non -Sworn Personnel Effective July 1, 2015, City shall pay a monthly payment in the sum of $310 to an employee employed on a full time basis and who holds a P.O.S.T. Supervisory Certificate. In order to receive any such monthly payment, the employee shall submit evidence that the P.O.S.T. Certificate has been issued to the employee provided that said payment shall be paid from the date of the submission of said evidence — not from the date of the issuance of the P.O.S.T. Certificate. Such payment shall not increase the employee's unadjusted base salary. Instead, this payment will be added to the employee's unadjusted base salary after any percentage increase to the employee's unadjusted base salary. Tuition Reimbursement Effective the first payroll period commencing on or after July 1, 2008, Section 2.8 of the City Personnel Rules and Regulations shall be amended to provide that the tuition reimbursement described therein shall allow for reimbursement eligibility for full time sworn employees who have passed original probation in an amount not to exceed $2,000, and that the reimbursement eligibility for full time non sworn police department employees who have passed original probation shall be in an amount not to exceed $1,500 per fiscal year. Personnel Rule § 2.8 shall be concurrently amended to provide that tuition reimbursement shall be allowed only as regards courses provided by an accredited college or university and in a field in study reasonably related to the employee's duties and which are deemed appropriate by the Executive Team. 14 Funeral Effective the first payroll period commencing after City Council adoption of this MOU, the City shall bear the reasonable and customary expenses related to the funeral of any sworn or non -sworn employee killed while in the course and scope of employment during scheduled hours of work. In defining what constitutes "reasonable and customary" expenses of a funeral, the partles agree upon the following: • Cost of casket. • Cost of plot or other location of interment. • Cost for transportation of body to place of interment. • Ceremonial costs (fee of individual officiating at the funeral ceremony). However, in no case shall the total City funeral expenditure exceed ten thousand dollars ($10,000.00) in any one funeral. Section 4 - Attendance and Leaves Sick (weave Rules The general policy for sick leave will remain as set forth in Section 11.4 of the Personnel Mules. Effective August 1, 1995, each eligible employees shall elect their maximum sick leave hours accrual. Dependent upon the total number of currently accrued sick leave hours, the maximum sick leave hours accrual may be set at 300 hours, 600 hours or 900. If an eligible employees wishes to elect a maximum sick leave accrual level that is at a higher level than their closest currently accrued sick leave hours, they may do so. The maximum accrual elected by the eligible employee will be irrevocable. Once the election Is made by the employee, such excess hours will be removed from the employee's sick leave hours accrual, calculated at their then straight time hourly rate and placed into a sick leave hours bank to be paid at no less than 50% of the total value, with the timing and methods of payment to be determined by the City. When an employee's service with the City is terminated for any reason, no compensation shall be paid for the unused sick leave hours accrual bank. Annual Sick Leave Incentive Sick leave shall accrue on an hourly basis of eight (8) hours per month and shall be debited on an hourly usage basis. Each January 1, eligible employees will commence to accrue sick leave hours above their prior elected sick leave hours bank (300, 600 or 900). At the close of the calendar year, each eligible employee will receive 50% of 15 the unused portion of sick leave hours as compensation, calculated at their then straight time hourly rate. Payment will be made at the next closest pay period. Bereavement Leave Each affected employee in the covered classifications shall receive the equivalent of three (3) working days per incident, as needed, because of a death in their immediate family. Immediate family shall mean and Include only the employee's spouse, children, step -children, parents, brothers, sisters, grandparents, State Registered Domestic Partner, spouse's parents and spouse's grandparents. Said time will not be cumulative from one twelve month period to another nor will pay in lieu of unused leave for bereavement is provided. Vacation The general policy and accrual levels of vacation will be as set forth in Section 11.3 of the Personnel Rules. Employees will be entitled to utilize accrued vacation leave after completion of six (6) months continuous employment with the City. Employees may be eligible to utilize accrued vacation leave at an earlier time, upon written request to and approval of their department head. The times during which an employee may take hislher vacation leave shall be determined by the department head with due regard for the wishes of the employee and for the needs of the service. Employees shall, each calendar year, be required to take a minimum of forty (40) consecutive hours vacation leave. In addition, an employee may, with approval of the department head, use vacation leave in lesser increments during the calendar year, Employees may accumulate up to a maximum of two (2) vacation periods in any one calendar year for the purpose of a vacation leave with approval of the department head. A vacation period is defined as the maximum amount of vacation leave accrued by an employee In any calendar year, in accordance with the detailed accrual levels in Section 11.3 of the Personnel Rules. Effective July 3, 2005, the maximum accrual of vacation leave that may be accumulated shall be as follows; 1. Employees having less than five (5) years of employment (vacation accrual = 96 hours per year), the maximum amount of vacation that may be accumulated shall be 192 hours. 2. Employees having more than five (6) years but less than ten (10) years of employment (vacation accrual = 120 hours per year), the maximum amount of vacation that may be accumulated shall be 240 hours. 16 31 Employees having more than ten (10) years but less than fifteen (15) years of employment (vacation accrual = 144 hours per year), the maximum amount of vacation that may be accumulated shall be 288 hours. 4. Employees having more than fifteen (15) years but less than twenty (20) years of employment (vacation accrual W 168 hours per year), the maximum amount of vacation that may be accumulated shall be 335 hours. 5. Employees having more than twenty (20) years of employment (vacation accrual = 992 hours per year), the maximum amount of vacation that may be accumulated shall be 384 hours. If an employee, because of business necessity, is not able to utilize excess accrued vacation hours, upon written request to, and approval of the department head, an employee will be given an extension in order to take his/her vacation. In cases where the employee forfeits vacation leave time at the request of the City, upon approval of the Chief Executive Officer or designated representative(s), said employee shall be compensated for forfeited vacation leave time at the employee's current rate of pay. It is the employee's responsibility to schedule vacation time well in advance to avoid forfeiting his or her vacation or to avoid any conflicts. Employees will be notified by the Personnel Services Department on a quarterly basis of their current and potential maximum vacation hours accrual for the calendar year to assist them in the reduction of excess accrued vacation hours. In the event a legal holiday falls during a vacation leave, those affected employees will not have said holiday charged as vacation leave, and the vacation leave shall be extended or credited accordingly. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued vacation leave, at his/her straight time rate. Hol_Hol_ idays 1. For employees working a 4/90 plant or a 3192 plan, if implemented, the following days shall be observed as holidays: January 1st; the third Monday in February; the last Monday in May; July 41h; the first Monday in September; November 11th; the fourth Thursday in November; December 24th; December 25th, and such other days as may be designated as holidays by motion of the City Council. 2. For employees working a 5140 putt, the following days shall be observed as holidays: 17 January 1st; the third Monday in February; the last Monday in May; July 4th; the first Monday in September; November 11th; the fourth Thursday in November; the day after the fourth Thursday in November; December 24th; December 25th, and such other days as may be designated as holidays by motion of the City Council. If any of the before mentioned holidays fall on a Saturday, the preceding Friday will be the holiday in lieu thereof. If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof, a) Employees working a 4/10 plan will receive two (2) ten (10) hour days of floating leave, for a total of 910 hours. b) If Implemented, employees working a 3/12 plan will receive one (1) twelve (12) hour day of floating leave, for a total of 920 hours. c) Employees working a 5/40 plan will receive three (3) eight (8) hour days of floating leave, for a total of 104 hours. 3. In lieu of Martin Luther King Day, each employee shall receive one (1) ten (10), hour day of floating leave, regardless of whether the employee is on the 4110 plan, the 3/12 plan or the 5140 plan, each fiscal year commencing on July 1, 2015. Holiday Bank Shift EmNovees Employees assigned to shifts other than normal business hours, shall have the option of receiving the holiday hours worked as cash payment at their straight time rate for each holiday as it occurs, other than floating holiday time, or may elect of banking the holiday hours as the holiday occurs, other than floating holiday time. The times during which an employee may take his/her holiday bank hours shall be approved by the department head with due regard for the wishes of the employees and for the needs of the service. This holiday bank leave maybe used in hourly increments. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. If an employee, because of business necessity, is not able to utilize excess accrued holiday bank hours, upon written request to, and approval of the department head, an employee will be paid for any excess hours over their maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed in a holiday hours bank to be paid no later than June 30 of the same year. Employees who separate from the service of the City shall be eligible to receive compensation for all unused, accrued holiday bank hours at his/her straight time IN rate. Non -shift Employees Non -shift employees shall mean the following positions represented by the Baldwin Park Police Association, working a 4/10 plan. Records Clerk assigned to Police Administration Police Technician Parking Enforcement Officer Police Sergeant assigned to Police Administration Records Supervisor Dispatch Supervisor If any of the before mentioned Holidays fail on a Friday or a Saturday, the holiday will not be observed on the preceding Wednesday or Thursday. -If any of the holidays fall on a Sunday, the Monday following is the holiday in lieu thereof. At the beginning of each calendar year, the City will determine how many of the above holidays fall on a Friday and/or Saturday. An employee will be credited with an equivalent number of hours of holiday time ("holiday bank"), along with the two (2) ten (10) hour days of floating leave. The times during which an employee may take his/her holiday bank hours shall be approved by the department head with due regard for the wishes of the employees and for the needs of the service. This holiday bank leave maybe used in hourly increments. Employees may accumulate up to a maximum of one hundred (100) hours of holiday bank time. If an employee, because of business necessity, is not able to utilize excess accrued holiday bank fours, upon written request to, and approval of the department head, an employee will be paid for any excess hours over their maximum holiday bank hours accrual. Each January 1, such excess hours will be removed from the employee's holiday bank hours accrual, calculated at their then straight time hourly rate and placed In a holiday hours bank to be paid no later than June 30 of the same year. If an employee separates employment from the City, and has used "holiday bank" time prior to the occurrence of the actual holiday, he/she will have his/her vacation bank and/or final paycheck reduced to reflect the excess "holiday bank" time used. If an employee separates employment from the City, and has not used any eligible accrued "holiday bank" time, he/she will be paid for such eligible "holiday bank" time at his/her straight time rate. Military Leave Military leave is a temporary leave of absence for ordered military training or for active military duty in the Armed Forces of the United States or its Allies or of the 19 National Guard or the Naval Militia, during a proclamation of war or national emergency by the President of the United States or Congress, an order or request of the United Nations that the Armed Forces of the United States serve outside of the United States or their territories, or any national conscription act in effect. The City shall comply with all federal and state laws relative to military leave. An employee granted military leave pursuant to Section 11.0 of the Personnel Rules shall not be granted additional compensation when such leave extends beyond the employee's regularly scheduled workdays per week to hislher "days off". Ju!y Duty An employee granted jury duty leave pursuant to Section 11.7 of the personnel Rules shall not be granted additional compensation when such leave extends beyond the employee's regularly scheduled work days per week to his/her "days off". Training/Conference Leave When an employee is scheduled to attend a conference or training program Monday through friday, his/her work hours will be 8:00 a.m. to 5:00 p.m., Monday through Friday, so there is no issue that he/she is eligible for overtime while attending the conference or training. Iniury on DutX While any employee is on injury on duty status, his/her work hours will be 8:00 a.m, to 0:00 p.m., Monday through Friday, so there is no issue that he/she is eligible for overtime while receiving treatment or keeping doctor's appointments. Section 5 -Work Schedules Experimental 4/10 flan The City agreed to implement an experimental 4/10 plan for all employees in the Police Department effective August 2, 1992. The Association recognizes that the City may at its sole discretion end the 4/10 plan at any time. The termination of such 4110 plan is not subject to the grievance process or any other administrative review. The Association recognizes that the 4/10 plan is not a vested right in any manner, and that the termination of such 4/10 plan is not subject to the meet and confer process or meet and consult process. The Association further recognizes that the implementation of the 4/10 plan does not create any additional overtime obligation for the City under the Fair Labor Standards Act. 20 The City may adjust employee's work periods as necessary so that their forty (40) hours of scheduled work does not overlap into another. work period to avoid an overtime obligation. Workday For employees assigned to patrol and dispatch duty a standard workday consisting of ten (10) hours, including a paid restricted meal period of one-half (112) hours. Meals periods shall be in accordance with department administrative guidelines. ror employees not assigned to patrol and dispatch duty a standard workday, consisting of ten and one -hair (10 112) hours; nine hours and fifty minutes (9:50) of work time and forty (40) minutes as a non -paid unrestricted meal period. Meal periods shall be in accordance with department administrative guidelines. Employees will be provided two (2) ten (10) minute rest breaks during the day, one each approximately at the midpoint of each one-half workday. Rest time is not cumulative beyond the half scheduled workday within which the break period occurs nor may it be used to extend lunch or shorten the workday, Fours of Work Non -shift employees, as defined on page 15 of the Memorandum of Understanding, shall work Monday through Thursday, 7:30 a.m. to 6:00 p.m. Detectives and Records Specialists assigned to investigations shall work either Monday through Thursday or Tuesday through Friday (as determined and assigned by the department), 7:00 a.m. to 5:30 p.m. Shift employees shall work as scheduled. 3/12 Alternate Work Schedule Discussions will continue on the feasibility of the 3/12 work schedule for Patrol and/or Dispatch. The Patrol assignments of Traffic Bureau, Community Service Officers and will not be included for consideration of working a 3112 schedule. The Detective Bureau will not be included for consideration of working a 3/12 schedule. Workweek For Employees working a 9/80 or 3112 work schedule, in accordance with 29 C.F.R. § 778.105, each employee's designated FLSA workweek (168 hours in length) shall begin exactly four hours after the start time of his/her eight hour shift on the day of the week that corresponds with the employee's alternating regular day off. Workweek _(Sworn employees) 21 The 3112.5 Work schedule is authorized per Section 7(k) of the Fair labor Standards Act. The City has adopted a 28 day work period in accordance with Section 7(k). Section 6 - Overtime Overtime Authorization All overtime requests must have the prior written authorization of a supervisor prior to the commencement of such overtime work, Where prior written authorization is not feasible, explicit verbal authorization must be obtained. Where verbal authorization is obtained, written authorization must be obtained as soon thereafter as practicable. Dispatched calls beyond the end of duty time are considered as authorized. An employee's failure to obtain prior written approval, or explicit verbal authorization followed by written authorization, will result in the denial of the overtime request. Clothes Chapping Except as provided below, employees are not authorized to wear their uniforms or any part thereof that is distinguishable as such unless on -duty. Each employee is provided with a locker for his/her own personal convenience. An employee may or may not utilize the locker for storage and changing purposes at his/her own discretion. Nothing herein prevents a sworn employee from wearing his/her uniform to and/or from his/her residence to and/or from work as long as the badge and insignia are covered by a non- police issue garment such as a windbreaker. Nothing herein prevents a non -sworn employee from wearing his/her uniform to and/or from his/her residence to and/or from work, Employees choosing to wear their uniforms covered to and/or from work should not wear their "Sam -Browne" belt. Time spent in changing clothes before or after a shift is not considered hours worked and is not compensable in any manner whatsoever. Shift Trades The practice of shift trading shall be voluntary on behalf of each employee involved in the trade. The trade must be due to the employee's desire or need to attend to a personal matter and not due to the department's operations, The employee providing the trade shall not have his/her compensable hours increased as a result of the trade; nor shall the employee receiving the trade have his/her compensable hours decreased as a result of the trade. Any hours worked beyond the normal workday will be 22 credited to the individual actually doing the work. "Paybacks" of shift trades are the obligation of the two employees involved in the trade. Paybacks are to be completed within twelve (12) months of the date of the initial shift trade. Any dispute as to paybacks is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. A record of all initial shift trades and "paybacks" shall be maintained by the involved employees on forms provided by the department ("Shift Trade Log"), If one individual falls to appear for k person who agreed to the shift trade is the responsible for that shift period, That person and may be subject to disciplinary action. Early Rellef Policy he other (regardless of the reason), the newly scheduled officer and will be held will be listed as absent without leave The practice of early shift relief shall be voluntary on behalf of each employee involved in the relief. The employee providing the early relief shall not have his/her compensable hours increased as a result of the early relief, "Paybacks" of early relief hours are the sole obligation of the two employees involved in the early relief. Any dispute is to be resolved by the involved employees, and under no circumstances will the department be obligated for any further compensation whatsoever to any of the involved employees. The department is not responsible in any manner for hours owed to employees by other employees that leave the employment of the City or are assigned other duties. Firearms Qualification All members of the department are required to qualify and receive remedial training while on duty. Employees who choose to shoot at the range at times other than the required qualification dates will be considered to be on personal time. Such time is not counted as working time and is not compensable in any manner whatsoever. City Vehicle Use Employees who are provided with a City vehicle to travel to and from work shall not be compensated in any manner whatsoever for such travel time in the City vehicle. This provision also applies in those situations where the radio must be left on and monitored. This provision does not preclude compensation in those instances 23 detailed in the "canine" assignment or "motorcycle" assignment. Canine Assignment Employees assigned to canine duty shall not be compensated in any manner whatsoever for hours spent in travel time to and from work in a City vehicle, unless such travel time is interrupted to perform law enforcement duties. In the event that such travel time is interrupted to perform law enforcement duties, the officer will be compensated for actual time spent engaged in such duties. Canine handler travel time related to the training, care and maintenance of the canine shall be included within the enumeration of hours worked as set forth in Section 3, Insurance/Supplemental Wage Payments above and shall not be subject to additional compensation. [Motorcycle Assignment Employees assigned to motorcycle duty shall not be compensated in any manner whatsoever for hours spent in travel time to and from work on a city motorcycle, unless such travel time is interrupted to perform law enforcement duties. In the event that such travel time is interrupted to perform law enforcement duties, the officer will be compensated for actual time spent engaged in such duties. An officer will be compensated for actual time spent in department required and approved training at times other than the officer's regular working hours. An officer will receive a monthly stipend, in the amount of $85.00, commencing May 1994, for off-duty time spent in the care, upkeep, and incidental repair and maintenance of their assigned motorcycle. Gym Facility The City provides a gym facility for the voluntary use of employees during their off duty hours. Time spent by employees in working out at the gym facility is not considered hours worked and will not be compensated in any manner. Call Back Pay Call back duty occurs when an employee is ordered to return to duty on a non -regularly scheduled work shift. Call back does not occur when an employee is held over from his/her prior shift or is working prior to his/her regularly scheduled shift. An employee called back to duty shall be credited with a minimum of two (2) hours work commencing when he/she reports to duty. Any hours worked in excess of two (2) hours shall be credited on an hour for hour basis for actual time worked. Travel time shall not be considered hours worked and shall not be compensated in any manner whatsoever. Call back duty hours will be compensated at time and one-half rate, irrespective of the total paid leave exclusions for the work period. This provision is to be distinguished from "Court Pay" which is to be used 24 when an employee is called back to court. Court Pav When an employee is physically called to court for appearances upon ratification, he/she shall be paid a minimum of four (4) hours work commencing when he/she reports to court commencing July 1, 2415. Travel time shall not be considered hours worked and shall not be compensation in any manner whatsoever. Court pay will be compensated at time and one-half rate, irrespective of the total paid leave exclusion for the work period. Court Standb Court Standby time is not considered hours worked under the Fair Labor Standards Act. However, in recognition of the City's past practice, commencing July 1, 2415 the employee will receive credit for two (2) hours in the a.m., and two (2) hours in the p.m., provided that the employee is not actually required to be present in the court buildings upon ratification. Effective July 1, 2415, the City will provide employees working the graveyard shift credit for two (2) hours in the a.m. and two (2) hours in the p.m., provided that: the employee is not actually required to be present in the court buildings. In return the City will collect all previously City issued pagers. Employees shall be responsible for calling the on-call court hotline to verify if they are still on-call and shall comply with the department's on-call policy. Said employee shall notify his/her immediate supervisor within twenty-four (24) hours when there Is a change In contact information such as a new homelcell telephone number. Court standby will continue to be paid for those employee's assigned regular days off, that fall Monday - Friday. Training Time Attendance at training schoolslfacillties (including the academy), which improves the performance of regular tasks and/or prepares for job advancement are not compensable for hours in excess of the employee's normal work shift. Any time spent in excess of the normal work shift will not be counted as working time and is not compensable in any manner whatsoever. Time spent in studying and other personal pursuits is not compensable hours of work, even though the employee may be confined to campus or to barracks 24 hours a day. Travel time to and from the training facility outside of an employee's normal work shift is not compensable hours of work, 26 Mandatory training as required by the department and/or P.O.S.T. is compensable for actual time spent in training. Work Period The work period for all employees (both sworn and non -sworn) within the bargaining group shall be seven (7) days in length. Overtime Compensation For purposes of calculating overtime, all employees required to work In excess of the standard work period of forty (40) hours in a seven (7) day cycle shall receive compensation at the rate of time and one-half his/her regular rate of pay. The regular rate of pay shall include the following components in addition to base salary: 1. Educational incentive 2. Bilingual pay 3, Special assignment pay 4. Longevity a. Any other performance based incentive Paid leave time exclusions, as defined on page 24 of this document, are excluded from the total hours worked under this Section. MOU Overtime Effective November 1, 2004, in addition to regular overtime an officer will be entitled to MOU Overtime as follows: An employee that is taking a vacation, Holiday bank time and/or compensatory leave during their regular scheduled work week and is called into work on an overtime assignment or is required to work past their regular shift will be compensated at one and one-half (1.5) times the employee's regular rate of pay. An employee that is required to work on any City recognized Holiday will be compensated at the regular rate of pay and will also receive either twelve (12) hours of Holiday Bank time or twelve hours of paid straight time at the employee's regular rate of pay. The employee may'elect to choose whether he/she receives the twelve (12) hours of Holiday Bank time or twelve (12) hours of straight time at the regular rate of pay. An employee who is called into work outside of the employee's regular shift and that day happens to fall on a City recognized Holiday said employee will be compensated at one and one- half (1.5) times the employee's regular rate of pay. 99 Compensatory Time In lieu of receiving cash payment for hours worked in excess of forty (40) hours during the seven (7) day work period, an employee may elect the option of earning compensatory time, which shall be computed by a factor of 1.5 times his or her hours of overtime and shall have a cap of one hundred and fifty (150) hours placed on the accrual of compensatory time off. The times during which an employee may take his/her compensatory time shall be approved by the appointing authority with due regard for the wishes of the employee and for the needs of the service. Should this provision be found Invalid by an arbitrator, court of competent jurisdiction or the Department of Labor, the accrual of compensatory time shall cease and all accrued compensatory time shall be paid at the employee's current straight time rate. On or before December 31 of each year, an employee shall reduce his/her accrued compensatory time bank to seventy five (75) hours or less. Any time in excess of seventy five (75) hours shall be paid at the employee's current straight time rate. Upon separation from City service, an employee shall be compensated for all accrued compensatory time up to two hundred (200) hours or less at his/her straight time hourly base rate. Paid Leave Exclusions In determining an employee's eligibility for overtime compensation in a work period, paid leaves of absences and un -paid leaves of absences shall be excluded from the total hours worked. To the extent authorized by law, paid leave of absences which shall be excluded include; 1. Sick Leave 2. 4850 Time Leave 3. Jury Duty 4. Administrative Leave 5. Bereavement Leave 6. Military leave 7. Workers' Compensation Leave (IOD) New Fair Labor Standards Act Regulations The City agrees that in the event the Department of Labor issues new or revised interpretative regulations defining what is and what is a not compensable hour of work, the City shall amend any affected provisions of this Memorandum of 27 Understanding to comply with such regulations. The Association recognizes that there will be no retroactive application of such regulations under this Memorandum of Understanding unless so provided by the regulations or courts. Section 7 - policies and Procedures Pay Periods The pay periods and times of delivery of payroll checks for all employees shall be set by the Executive Team. City Switchboard The City agrees that civilian dispatchers will not be required to provide for the operation of the City switchboard. Identification for Non -sworn Employees The City shall provide all non -sworn employees with a modified City identification card. Such identiflcatlon will indicate that the employee works within the City Police Department. The City shall provide yearly physical to each public safety employee, by a physician of the City's choice. Uniform/Equipment Allowance -_Sworn Personnel Effective July 1, 2015 the City will provide $900.00 per year for eligible employees by adding this amount to each employee's paycheck but will not increase the employee's base salary. The City shall continue to provide new employees with two (2) complete uniforms (excluding shoes) upon commencing employment with the City. In addition, the City will provide specialty assignment employees (as Indicated on page 9) and members of the Special Response Team, with the employee's initial set of uniforms and equipment required for their positions. Employees shall be responsible for the replacement of uniforms due to normal wear and tear. If an employee's uniform is damaged during the execution of their duties, said employee will document in a police report or inter -office memorandum the circumstances surrounding the damage. The City shall provide the employee with a replacement uniform equivalent to the one that was damaged, Effective July 4, 1993, sworn personnel will have the option of selecting a light duty jacket or heavy-duty jacket as part of their uniform. _4 Uniforms — Non -Sworn Personnel Effective July 1, 2015, the City shall provide new non -sworn employees with two (2) complete uniforms (excluding shoes) upon commencing employement with the City. Effective July 1, 2015, the City will provide $500 per year for eligible non -sworn employees by adding this amount to each employee's paycheck but will not increase the employee's base salary. Safety Equipment All sworn employees shall be provided the following safety equipment: Weapon -based upon recommendation of the Range Master; rounds of ammunition annually, also based upon recommendation of the Range Master; 3 ammunition clips, Oleoresin Capsicum Spray; baton; handcuffs (Peerless, Smith and Wesson -or like quality); bullet-proof vest; helmet; raingear (coat, pants and boots); 1 Sam Browne belt; 4 keepers; 1 uniform belt; 1 baton holder; 1 cuff case; 1 Oleoresin Capsicum Spray holder; 1 -double ammunition pouch; 1 holster; 1 key holder and 1 radio holder; and flashlight. Upon leaving the employ of the City, the employee shall reiurn all equipment to the City. All repairs to said equipment shall be made on an as needed basis, shall be paid by the City, and shall be made through Keystone Uniforms or other appropriate outlet(s). The Division Commander must approve repair or replacement in advance. Dues Authorization Upon receipt of an executed voluntary written authorization, the City shall deduct Association dues on a bi-weekly payroll basis for employees represented by the Association. The Association shall provide the form for this purpose and the amounts to be deducted for Association dues shall be certified to the City by the appropriate Association official, Such deductions shall be made only when the employee's earnings for a pay period are sufficient after other legally required deductions are made. Such deductions shall be forwarded to the Association within twenty (20) working days following such deductions from the employee's pay. Authorization for dues deductions shall be revocable by the employee upon fifteen (15) days advance written notice to both the Association and to the City. The Association hereby agrees to indemnify and hold harmless the City for any loss or damages, claims or causes of action, and legal fees arising from the operation of this provision of the Memorandum. It also Is agreed that neither any employee nor the Association shall have any claim for error against the City for any deductions made or not made, as the case may be. 29 American's With Disabilities Act Because the ADA requires accommodations for individuals protected under the Act, and because these accommodations must be determined on an individual, case- by-case basis, the parties agreed that the provisions of this agreement may be set aside in order for the City to avoid discrimination relating to hiring, promotion, granting permanency, transfer, layoff, reassignment, termination, rehire, rates of pay, job and duty classification, seniority, leaves, fringe benefits, training opportunities, hours of work or other terms and privileges of employment. The Association recognizes that the City has the legal obligation to meet with the individual employee to be accommodated before any adjustment is made in working conditions. The City will notify the Association of these proposed accommodations prior to implementation. Any accommodation provided to an individual protected by the ADA shall not establish a past practice, nor shall it be cited or used as evidence of a past practice in the grievance procedure. Prior to setting aside any provision of this agreement in order to undertake required accommodations for an individual protected by the Act, the City will provide the Association with written notice of its intent to set aside the provision, and will allow the Association the opportunity to discuss options to setting aside of any provision. Alcohol and Druq Abuse Pollcy Purpose It is the purpose of this policy to eliminate substance abuse and Its effects In the workplace and to ensure that employees are in a condition to perform their duties safely and efficiently, in the interests of their fellow workers and the public as well as themselves. Polis It is the City's policy that employees shall not be under the influence of or in unlawful possession of alcohol or -illegal drugs while on city property, at work locations, or while on duty; shall not utilize such substances when they are assigned to be on call for -duty; shall not possess, provide or sell illegal drugs to any other employee or to any person while on duty; nor have their ability to work impaired as a result of the use of alcohol or illegal drugs. While use of medically prescribed medications and drugs is not per se a violation of this policy, the employee must notify his/supervisor, before beginning work, when taking medications or drugs (including the possible effects of taking such medication or drugs) which the employee believes may interfere with the safe and effective performance of duties or operation of equipment. In the event there is a question regarding an employee's ability to safely and effectively perform assigned duties while using such medications or drugs, clearance from their physician may be required. 30 The City is committed to providing reasonable opportunity for rehabilitation for those employees whose drug or alcohol problem classifies them handicapped under federal and/or state law. Persons whose use of drugs or alcohol prohibits them from performing the duties of their position, or whose use constitutes a direct threat to property or the safety of others, are not considered handicapped under federal or state law. Application This policy applies to all employees applies to alcohol and to all substances, which . could impair an employee's ability functions of the job. Employee_ Responsibilities An employee must: of the City of Baldwin Park. This policy drugs, or medications, legal or illegal, to effectively and safely perform the 1. Refrain from the use of, or unlawful possession of, illegal drugs or narcotics while on duty; 2. Not report to work while hislher ability to perform job duties is impaired due to alcohol or drug use; 3. Not possess or use alcohol or impairing drugs (illegal drugs and prescription drugs without a prescription) during working hours or at anytime while on city property, unless authorized by the Police Department; 4. Not directly or through a third party sell or provide illegal drugs to any person, including any employee, while either employee or both employees are on duty; 5. Notify his/her supervisor, before beginning work, when having consumed alcohol or when taking any medications or drugs, prescription or non- prescription, which the employee believes may interfere with the safe and effective performance of duties or operation of equipment; 6. Report to their supervisor of any criminal drug statute conviction no later than five (5) days after such conviction; 7. Report to the supervisor when they have knowledge of objective evidence those other employees may be under the influence of drugs or alcohol or engaging in illegal drug related activities. Employees who believe they may have an alcohol or drug usage problem are urged to voluntarily seek confidential assistance through their medical plans or through other resources available in their community. While the City will be supportive of those who seek help voluntarily, the City will be equally firm in identifying and disciplining those who continue to be substance abusers and do not seek help. 31 Notwithstanding the above language, Section 3.31(B) of the Baldwin Park Police Manual will take into consideration for all sworn employees of the Police Department. Management Responsibilities 1. Managers and supervisors are responsible for reasonable enforcement of this policy. 2. Notify the affected contractlgranting agency within ten (10) days after receiving notice of any conviction. 3. Prepare and distribute to all employees, a summary of available benefits through the various health plans. Any information will be distributed through the Personnel Services office, 4. To treat any cases where rehabilitation is recommended or already underway as a medical situation, subject to current medical leave policies. b, To maintain strict confidentiality on all matters arising under the provision of this policy. Medical Information, If necessitated, will be maintained by Personnel Services in separate, secured files. 5, Information will only be shared where there is a bona fide "need to know" by management in instances where referrals, rehabilitation, medical leaves, work accommodation, discipline or other employment related decisions are affected. 7, As with all policies and procedures, any incident or situation requiring management attention is expected to be given thorough and deliberate consideration before any final action is taken, especially in disciplinary cases. Decisions made on such cases under this policy will be subject to review by an individual's department head, Executive Team and Personnel Officer. Community Based Policing That the Association, in conjunction with the City, will continue their -commitment to effectuate, maintain and expand a Community Based Policing Policy for the betterment of the citizen's of the City. Outside Employment The City has developed a policy pursuant to Its legislative discretion by which personnel may engage in outside employment on their off hours that does not conflict with their official duties; and City agrees to maintain a policy on outside employment. 32 IN WITNESS WHEREOF, the parties hereto have caused their duly authorized representatives to execute this Memorandum of Understanding the day, month and year noted. BALDWIN PARK POLICE ASSOCJA'HE)N Clhief Negotiator Mie a l A. MtQi President, Exbeuti�i'eWOfficer Jaso Adams ice President Francisco Real Treasurer Tuan L Sworn Representative Jose Jimiuez,s entative Joh Civilian Reprbsentative LizP rieda -- e Teta Jorge Hue a 3J 1 Dat CITY OF BALDWIN PARK Chief Negotiator Jimmy Gutierrez City Council Mayor Manuel Lozano Date 33 LO moNr mo N M N �a� a O M 0 Cl)ON h co mMt o tro mMN(A O (V M Om m L" Mt7 N u7 ad C, Cl) td of co t) ( M M ti n tAV a mtO N W 0) MCA fl% cO 6m 9t) L,) C., tc N vs N O (n U3 N Ci ME0m 61) (0 c9 V N FA M cc di O n <9 O r n V m (ri c0 N V M V! h CO � r- h � M N r• 69 N � 0 (MA Vi i r M(o OON (0[� t(0 t0 M(n Mms- N M't C3 04 C) M Pl (n ho m (oN MNm 0 w 0 (M V �"� MItr Nrm r Mt) m00n [n (A rnm M hr ((A�MM N (n Cl) ouiw m (0 M MM N o mMr N 'd M aN(D t0 O hh r (4 V r MLd�A h o N t) M tt ((i N 00 ai h � Orn N M m i 69 N V 64 M W. 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M 3li O h a0 N (V V LO (D N M o CV 4 m C) h V N (O i+ V N h c0 't V' M l� (D r 0� Ol i o Nh to V1 cfi a0 (!1 N CO (n N M O 67 N�[� i� NW d' M N N01N EA N 47 Nal (A LO{�N N t9 01 O r0 F9 r M O 64 (D tf1 M h 'd M IM 69 h M IA� Cn fA r Y w M C LO 0 � �� � � E9 (n N M N M h r V N Cr N (o h O co O h O LO h d) M o o coo ff7 'tet 'cf lot N V M N 0'1 O N 47 C1 of cd h 41 I� o M co I� o N M 47 It c3im 4] V 01 r O! Q 01 N �Mf1 0�0 (�O (�' M (�D N o M N a> 69 0) V 01 M V' (A M r s- N (n 0) a> o O N (A 0) C1 O Ot co (9 h It t/i 01 0) UI M h V) 69 N h t9 � CO d M t,9 wQ 69 69 M a t9 fA 0 0 0 m ( co Z t9 L7 M N M v1 d V Z& V N N r �t f` O a1 r M N N t V W (D LO rnMV O 0�1 c(i (V W (D (V C'i 6Qa (O r N COQ (D o t0 Cl) O ti C' M 67 CO N (m0 N N o W N ao to o N V) m tD c0 h N 6% M co r-. h h r �f1 69 CC c0 N 69 (n r M W � r- Or sl O� (A to C M (A ca M (C Lf) cA (? to Y- oto (st N to N 'Q M h ((a 0 V E9 m (n H -a (11 Lei rx fA 417 6%9 69 0 co � to fA Q_ � 69 fA N------------------- r 0) M (a o >n r 'ct O 'd O O}} (a o pl co N co M 01 >n Q hQ cfl �_ N Lc- Ln (a h W 01 O(n OMh td � N M a �N 01 r V V N� r4 T''t tb(D N h htflN c[1 o a0 Mtnh r- C14! cA GO7h NF�cSi u'i (D C> NN cO i~(.0 NgT N m N M to o) N N V c+M1 (A rQ cV�� N�110 N fA (D M M FA 'r r m 4A h «1 M (A I� cf1 M yy 69 cfi r r csa N (A N �OOO Cl) (A (D M co (A O o M (A t0 ''t (A (A 6% LO w to 6, M (0 EA V3 � N Co CO N O 0) N M a1 N O N M hNh (f1 M r c0 N O Nt»h ;o to O CO Nc(1q O (D a0 a0m V CO M O V,r r (D h (n r" V1 M V O Q 10 m rn 01 V m to (R 14: to (ri r (ri Mcar o v v M(0r o v v co 4 CD v ri (fl tri ai (d n rn vi t= v r yr CO tti C3 ai v tri ai of 47 69 'd V N fA (O 6a M N 0 M N 'd N (A M Lo (a co 0 M m 6) lA cn m Q !A 10 (p r N cr1 00 M fA cf1 '(D V M 6o al (a N N V1 0) (fl t() (d N(M V (a10 (5 r N Ef) M N CO cd (q cli co cl) N 'c c w io w m w ro '0 ro w (a -IS firma tea�a�a o° c o° c o° to o° c o° c c c c�co fi w sirt� sEro fi is �$ca cyto Co film s Eta t$m cpm � CO N a ° V) to U O c3 m rn Q1 U1 N U N Q1 "^ E la (n 0 U] Qa N itl 10 to t 0> N 41 7 8 '. 0 w aj N (1 a) •: N N N n 0 (0 c0 E (0 (B O O 0 O a O a O a a (il rr v U U a a a a `m .Q h L4> d' [1) r fa a1 O m cN4 h +n ca E o to o 0 oF o o o CD O o O O F crfl u'1 7 Z Attachment #2 Salary Schedule Classified Management Employees Association (CMEA) Q Z Q m LL O IN 'AJ CL ((0. w� 00 cq! �NN N O M h N r M M tOCf O co Ui 63 i` N M O Ei3 h lq EMO ka to 03 fA E9 aco� � Mm CRgrn q G7 SCP co V)trill co hNr co L7 M 0 co V N '41 co C6 rf:M61).� h 63 N t1�-i 0 NcoM to co O (DIt O M-0) �Q�6�'S fl) atea}}0) 2.0) coo EA 00 I ' (f3 V 00 h O ffi 00 CO LO 6F) (f), ( 60 b4 w �(0) W M1V CL0 T CP h cQ rD LO�+4}) co n � N M} (n VV3 t) T r M coM FA r to w co V 69 0) m 69 mMtt Oo V Cl! CciN �cooN co O to N M N O T EA Cfl Ff3 acMl�rMi i coooIM� C�9MV N .Qq(q CA h a horn �� - ai (fl CV to I Qq w co 6'.�� Zo �d3 WLO C V C� CMP t�fi [Mfl FNM y h N It U') N N P41�� N h N n Cn C)? 6"6i .0) totq � w w V9, to to z CO O y � Y c U rn U 4E m O y c W L IV ,iy r L11 O O 10 LO Or: m 2 M M Cl) y ry a z 0 Q m LL O co co 0 A hO N m O L r N V' N O 0p I- aN r M (9hC5 MO?c' NN q V3W aNw Ey V' O 0CTIA to v w (fl �9 0 00 & W EA tf3 (A r 63 � N }} Qn� W iAc rn co � (O M co} � LO N r�}}h N M to- It N U} EA et �Y EA O N 69 r 101 69 tF CO r co co (O M 00 r EA O ER w wce O 6q N• V3 W N1M�, �'�Y W Oa!Q cq(q M V !il (pai 0) e�#�-- M 1p o (A OH O N W o O lr1 E}3 SM 0co0 wO D W) W (D h r (n C o5 6 69 to m 6) w � It M(OO 0010) MmM MMN i1. N (O Cs1 13� ti O N N O N C� N Y �i (OOOr (D 0) � h N Nh co W 1` It Wr (fl et N O9 (O m (fl N co 69 W) O (fl W 00 U) 69 64 co coO) 613, 69 M N00m 00 V'm OCnr N W m CL r �f'1 d1 N W h r (q r CO O W *' N }} r O [O r M co O co N (O O M r N Vr (n N d O O O U) 63 M (O 69 W r 69 M 00 (a M (9 6D �co �co C9� 63 64 69 Ui N NmN co co d OM rM U) m r W (q O N h N 00 (D r N h O p 000NO h M C)M co CQ(ON LOCO U) 6'9W 69010 0co S� 69 r- � O(D � � m � N� rn N 0 �� h N 7 V di 00 N N M Lo �- h (D h 00 N (n U) MN O3 (O h d MOOM EA cif It69 NNr W�} MN CO v �h h (A(hfl (�A(3 V3 V3 69 to Ccz C � m -t ro -I-- cU Cl) a o y w C L Cd O r in O O a 0 0 �� Z C) Cl) EZ - 0 0 fCf 0 U) W to Q) 0 a W N E (1) CD m Q� W V) I&J W U Z I-- mN h0N (O ON N(D CO C r N(D NN tl; LO 6CV6 Nh O()(D 00 ti t: NI-�-; Nt-'t-' ui LO 64 to 0 M (D It W O W O m U) W (I! (D e- tf1 69 ef') O N (o 605 CD m (O (n O7 CO to o vi O (» n E!i (» o r Efi Efi Efl ,-hFz: (n�ry mchm R N O OR C'! O} CO m +a)' N � yh m M OoD d' N ��} fA 64 (D Y fA r r (A N M 6% (D 'ct (o Cl) 00 co (0 u) 0 m Efl O 69 mto f, 0 P m cn fnO3rn (Dom Nene WF.N- Q M O N O3 'd Q� V Of m cl N (A dh'OM Nm00IONo) O00 N 69 N et) Cf) h (D 64 N W w N LO oD m h m to r 0p o0 (R sf P O J N 07 (D CO O h r tf) V P P OD N V 0� O G r N P N LO} Oi Ol N I-- N 0) t- tfi 0) r qNq�� CO to r Cl) Yi EA op W (H V to (OD M co co nCe) hO3 to (U nm w ol 69 co (n co 60 0) M n m OD () fl S( e- N O (D r 0 0. O (D0 N 00r m(D '4Y O]0)m g N 1- 0 00 (O e- fl- -� N CO N �v� m N (�rrvm ((nom N N (D fD It Mr C14 (D N P N C3. 0 (A 4i O (N (0 C4 r d1 C7 N Vf (DNRO coN<0 0)m0) o Nt- N v�oY OY Cl) v3 Cl) Nr (0 N(DN EArO r�o CY) O Om W00 600 V00 e" h0Ce) mt(7N�OrO hn W CL rn N "�t rn (q (O f o r rn (n h CD N (D r C3) (O m CD LO +• Cl) Efl in ?l� CD O m 613 r ' Cl.) (3) N 63 N O n O V) m ER (n n ti] O (D e- O O V m (O r (A � 61).61).� E9 S[f ) O E Q 0 E N ()(:)z O fi 3 � N G U N m U � � � U TvTII 2 U U tom— b3 0 CL CI C Sh (!) C G Q d O u O N C 4= ¢ m V w m .0 r (n O P .� C7 M m m Y of Q z m LL O i C: fCS �U O N N Q N QS 0 Q E r . w 0- a� U E WE �� a •w U W U- C1. d� +' U) It m It m 69wo U-) N m(N o rn V> co 0] (O e- FA N O NrN U) 690 V W N rn 64 In O co N 00 O 64 CO 01 mt�m CO 69 r- r N 0) m 64 0 N Y ai 00 co OR 'It to 60 to M 'It 0 rn 69W. N 10 10 v r (A (O M N r r 07 N (O (D N N (D CD CL N (D tO N r O 47 (O (Ii r r 0) NNr mN(O oo th t~ [Vr fn to eA to O (7 O '•t 69 0) L O c) 0 0) til w L Lo W ) O N (D a)*) 0 (Y') (D 0 O W 69 O 64 O EA (A Hi 64 64 N 03 rr U-) 'r V M[`7a) R. . to V' N O OO N r t` r I` i` Cil 0)00 V04 ti) r V M 0M (O to 0 0 O r 01 0) �tN O co 69 co v. U� r r (n of co eFi (D 6s 6s d' r0)0) (o0CI) mm NL[)rmmr NO Q. M 0) 00 0) 3. ib L�n} 03 cM q N (O r}} —c) 4 W N A00 r0 It 0 -04 C14 (n 64 N LO 69 I- to (A d) (0 W N to 00 00 r M Lo r O] ib 64 � (fJ � 64 � tf} w M rrnrn O rn a N O°Ooo rN d tri Ol Oi CV (� th N Oi Ih LC) 0) w'�Q c ,W co to 00 Omo (a(( OMO co w o) � (A co 63 V, d3 w r to 0 G (Q M'c M (N4 V 0� O.y(009N MN V �(NO u� co 69 (o 00 (» v_ 0 v (m �co �co wto W� w 62 6s (» ol01(o T0 O'm m"w Cil n tt) 00N6 0)m 01 ONr V 0)r MM00 N(.0N �0)O 640 r (Fjrr (A O Ef3Or t-: L (D O L (q Cl- LI) (f) 69 tf} 69 o o 6 6 i4 fi O Q O O A (Cu A. E A L N 0) Y (7 Gco O1 � U x a C: TvTII U a a C a Muw Co W U �r u� 0 0 oFm 0 0 Q E 0 9 If C O �U O W N Q W Q} a O 0 - E W 030 Ev 41 W C Al Moe} mhm (DrM M (O rncl1N�} 0NN r-: 4i m N V) LO0<M CO wN MOO W w0co DM 0 It toowh�yy h C6 O � � r C 0 W 2 69 � � U3 67 hh"V' (01--47 "M. co hOm N(DO 47 OM WNm N WLQ M Co 't CD 00 CO m O co N 0 mMO Ln 8 CO CO MNL) LDMm V3N 90 60(-r 69h t_ EAN f to 07 O (O (n (4 O m 0 0. 69 r 69 O (fl CO 69 r r-+ 69 69 w Mh(O LO hrm MSO 1�m(D r mcoUfl hrt~ C) co I-- tom�}o .oI wco, oMh cq (e Q¢ tq N Lq 6M9 m w rl (n o0 LO 00 a co m 06 ui L1 rf7 O 0 O w t-- 0 0 o cc11 NU� om0 N N N (q U M V 0o U') N to of r LO c, i co OD co vino 69M(n lzr w0M MOrr (RrN vhrn 0 I v o0 O h (o (o ai o0 0 CL to 0 63 6 <t CD C, m tt 0 OC) N (MD�w 4?mr- O c0 (D (�}0 O M} O N to O} Lf) C) 000a0} Oh Efi rn h (fi in 90 �» ao i- r cf, m h M W W 60(0 � m a 6hs 669 V3 b9 69 69 Ce) (O(0 ONh r— (Y) N ti) (0 CO 47h (ON COM7 M(OM rC:) r(Otl MSO r r (mn N (Nn (MH Iq �t d69 (n (V 69W �( O 6q rx 6h 9 � O W 64 69 69 69 V N h N CO LO NO T h 1� 00 DD m CO 4J 4J d h 0) (o N o ni o d of V 69 Mr N DO Cl) (n (OO Co ' } Cl)h K3 N h N V 69 MO N cc e- h (0 (D N to Cl) h (O Q(0 00 m M 61) (fl (fl to � 69 (t3 ffl d-7 tss C 0 W (5 .C -- C) U C c c R cI 0 so Uco U U Q U a � C1 ia 0 2 tY4 � N Yto I- ca U ti L a r (n O O 1 m m i m Attachment #3 Salary Schedule Classified Management Employees Association (CEA) W Om mO N ((OM U( m 0) uJ W T m V NV'O N00r m�9N Orm M(O Or00 a0 i�rm Mor h�P NN aO�O m V M m�A t7rW o4 [� M or m M of V (Ci (fi tfi c'J n V o 0 41 (V ui In 0 0) Oi co CD (Dm CO 0 NOO M Oi Qi (n M u1 ai NMM ai M 90 mm (D N� v3rh V 64h u] h 0 o O to M qN Mrh MMh (9mr 64OM (1) 00 NM(D (AMO F�3 MrnM MMM EAMo Cl! h N M M f0 M M 0) r � C? S cM�CV V 69 69 M M- Q fR f9 0 M � U3 M VD 69 � Efl 0 EA 0 M E9 � 69 to 14 Y vi - h M (n It OV N O LO (0 Cl) (D CO M N 47 V D 4 u1 co co O D'1 V (S u7M CA to �YrN (a ( v rnmO M ie V'�Y N (O V m Ru]M (O u7 r M N N apo((7 �£r rCO (fid [fY rh hMi�c+J Mh h M [O (YMr hN0 MNo M61 vCO rni� 19�M N(0O 00M DD Q) (1) NMW C) co o01� rn h NOO 0) 00 MM'V Nm m 6A Co. (D h Mt('i 6900N Mtt 69(Oh (0 Nmr FAh;n (V Mr(f) 69rM IflW O Mr M EAr(f) 6`3 M CO 00 Ui 't �P F9 �h V3 Vh M W ai a0 WO FHS �M fV Mr ER MM C7. w (9 U U) t9 f9 N mM NO (O NM to In(Dr �(D o�M c0 MNO MmN c-<tN [ohm h (D o0 06h CO MN 00r �r (n M 1�h O7 (sO aOh cr) V V c0 W (O h mM vi of N r rhC3 CV N (n M m P'i [O N V co (' � Cl) co N r, vi Oi N (D M r- rN r 1 ui (D N (fi c q C9 o t` (O V M N (9(DO (0 o 0 m V m 0) Mh r r 64�M 64M3n 0L�Ot. 0) C4. (A�u FA M 0C Lq to U1 E9O u] Lr) N �N �M (w9(L0 c�V� 64 (n (0 69C � Q) -0C (9 49 Kt 64 49 V3 fA N M V O (R N0000 MM (n (D aV (�N'7 MhN OO1 (D NM (DMrn N V i~hM 00r NMm zt Om V har "� NMN mMm V00 hhM ' 000 co h� r(i O N Di rm 00) ui n N r ui M o h MOco CO m ri NNh ai W NSM m ri N CO V Oi h (0 0 0 00 v NMm (o m N oN v co N'd'h ai cm O OO Di N'7M M V M U3 co 0 co LO 0 (D � V3 M (O ER r �t t!3 m�r r (A 1� 64 oI 00 w N h 6% m 00 (H r� m (fi 6� to R � (a 0 � M Fn LO �rnf �} 6N9 Ef3 to N � fn b9 G) C'4 00O 'R oz (D V'0) N (D en 0) (D NN co t-- OMN co 00o v'�N a)(D (0 (Or N V (n �N (j) co N c0 oMN (D 00O V' V C [ N ti ' V N r M co M rn co r: [D h M O Vh47 'd' N r o (+i M rOh 0 4 N O7 (fI (n rcow ao Oi N h (f') (0 ai CV (3) W f5i M ie o N Oi (0 0 m iri r CV (D (!) Ni r N M I� I ui Q (0 LO ( o ai N CD (9 � co M M ui N (D 64 N� •0 M N h 0 ffT N CA N M u) fAM O 64 0 M (0 to En 00 u') co V) G4 r to � �t 64 LO 490) (f) h r 0� 0 0 (9 h r � �R �� CL Lf)O M W Ui bi U N o o IOO�S' (O r In (9 (C] M to �m' C,4 h W C ( �M h00rn f (4<0 It wmti rOQ 4')mN r t(0 W r -N M M rV (D 00r r Mmh r00 NEO Y o'i M M M h m h (O (O c7 f(�� N (? m of mm 00 (ri r M Mh (�r m Nmh M Lf) N M (D CO Qi Ln 0)0) W u0 rMh ((i "^ r NMh NOM Mrm N 64co (D Nr(0 6900h N () (O h N (9mM V r (AMh WM((0 19Mo 0`3(0 (D f9Mh M(0 (D #00 (9 SV M (n CV Ef) 0 f 69 tt(n 69 Cl) r- 69 MO 64 K f9 M(0 (t3 V N (9 MO M V N b3 G9 �1010 M EE3 MLr) M b9 M U !p 00 (0ON Or CO N MNm V P-; 4) 001(.r IQ (q (DhQ [O [5rn tO (D Ln mM (OOm tNU7 O(nM r(O 00 (0h X00 r V (0 L((') (0 O)M (0dm �tMM r rmM vi 00Nr r (o ai r ri o V co <i co (ri (ri N N ao o N N o (f) m nd ti M ui (n v vi vi o (0 (o N 47 ai h -i co O N [0 ao r— M vi 47 v Lr) O 0) (0 N 64 M h ao0 (9O sn 3` (D 6hCl- N N CO fA u7O U)V r Mi`O (9N00 64>na 0(0M 64 (f] O ri3Nw MinO U a M 1D M N 69 d N M h (n C# 63 co m fI V3 m M W M N O M m tfi m hi U3 O M b9 60 � N � o � 6M9 6M9 14 IL C wa m iia _C: caro wmmro cm c m lJJ o° o° c o° c o° o° c o° c o° fi a° c o° c a° c o° c o° c p fibro cv�m s$m fi�� c� a fibro cpm >;�ro fibro c (a °gym cpm m m U_ 45 Y N C (N6 N c r ° m m w p „1 U U roW C [6 N a ''Z w d rL N L G OCY G N ca C d) 4) V S co N kf S6 cr r1r 2 0) L),C C G C d) N G N 7 O 7 U v v �' m U U W LL Y i -a a a a a �f) (D h O c0 co co M N C. 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(0 NN N V CV N MM(n r (O M N co Mrdd O NN cA (0 NM4 69C W 69 rM W to NN(0 61 W M � M 64 t- 19rL W 3 co M 69 to W 01 �fM MM fH(0 (nM M 69 N N r W W M CD V r V m N 67 M M co M V (0 r N co cD r- fl1 N m M M co 4 to ? M r M yr V OW1 � [V N W r O6 c0 d M a0 r r h o (fl N r d (O M O (O O ao V 90 r Co r r- cQ N r C3 0 N(A cq M M M M (n a N N (n r W N o) 69(n W 0 N 64NM r M N N M W u] (O N 69 d1 4 (nrIt N t0 (f3 W W Mma 6901 W v)c�nt C4 Cd 6Q3. Lo �(R 69 M N a0 W M Ln to N to M (0 r (V of N o ((] rn c0 M (O 6� rn V ((7 o� M N (n GO (A Y� 10 (n co � N V r (V N O o o! 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