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2021-07-14 e-packet@6:00
Wednesday, July 14, 2021 6:00 PM City of South San Francisco P.O. Box 711 South San Francisco, CA TELECONFERENCE MEETING Zoom Link: https://ssf-net.zoom.us/j/88441804502 City Council Regular Meeting Agenda July 14, 2021City Council Regular Meeting Agenda TELECONFERENCE MEETING NOTICE The purpose of conducting the meeting as described in this notice is to provide the safest environment for staff and the public while allowing for public participation. Councilmembers Coleman, Flores and Nicolas, Vice Mayor Nagales and Mayor Addiego and essential City staff will participate via Teleconference. Pursuant to Ralph M. Brown Act, Government Code Section 54953, all votes shall be by roll call due to council members participating by teleconference. This meeting will be conducted pursuant to the provisions of the Governor ’s Executive Orders N-29-20 and N-63-20 allowing for deviation of teleconference rules required by the Brown Act & pursuant to the order of the Health Officer of San Mateo County dated March 31, 2020 as this meeting is necessary so that the City can conduct necessary business and is permitted under the order as an essential governmental function. American Disability Act: The City Clerk will provide materials in appropriate alternative formats to comply with the Americans with Disabilities Act. Please send a written request to City Clerk Rosa Govea Acosta at 400 Grand Avenue, South San Francisco, CA 94080, or email at all-cc@ssf.net. Include your name, address, phone number, a brief description of the requested materials, and preferred alternative format service at least 72-hours before the meeting. Accommodations: Individuals who require special assistance of a disability -related modification or accommodation to participate in the meeting, including Interpretation Services, should contact the Office of the City Clerk by email at all-cc@ssf.net, 72-hours before the meeting. Notification in advance of the meeting will enable the City of South San Francisco to make reasonable arrangements to ensure accessibility to the meeting. Page 2 City of South San Francisco Printed on 8/3/2021 July 14, 2021City Council Regular Meeting Agenda ZOOM LINK BELOW -NO REGISTRATION REQUIRED Join Zoom meeting https://ssf-net.zoom.us/j/88441804502 (Enter your email and name) Join by One Tap Mobile : US: +16699006833,,88441804502# or +12532158782,,88441804502# Join by Telephone: Dial (for higher quality, dial a number based on your current location): US: +1 346 248 7799 or +1 669 900 6833 or 833 548 0276 (Toll Free) Webinar ID: 884 4180 4502 How to observe the Meeting (no public comment): 1) Local cable channel: Astound, Channel 26 or Comcast, Channel 27 2) https://www.ssf.net/government/city-council/video-streaming-city-and-council-meetings/city-council How to submit written Public Comment before the City Council Meeting: Use the eComment portal by clicking on the following link: https://ci-ssf-ca.granicusideas.com/meetings or by visiting the City Council meeting's agenda page. eComments are also directly sent to the iLegislate application used by City Council and staff. How to provide Public Comment during the City Council Meeting: 1) By Phone: (669) 900-6833. Webinar ID is 884 4180 4502. Click *9 to raise a hand to speak. Click *6 to unmute when called. By One tap mobile: US: +16699006833,,88441804502# or +12532158782,,88441804502# 2) Online at: https://ssf-net.zoom.us/j/88441804502 a. Enter an email address and name. The name will be visible online and will be used to notify you that it is your turn to speak. b. When the Clerk calls for the item on which you wish to speak, click on "raise hand." Speakers will be notified shortly before they are called to speak. c. When called, please limit your remarks to the time limit allotted. Page 3 City of South San Francisco Printed on 8/3/2021 July 14, 2021City Council Regular Meeting Agenda PEOPLE OF SOUTH SAN FRANCISCO The City Council's regular meetings are held on the second and fourth Wednesday of each month at 6:00 p.m. MARK ADDIEGO, Mayor (At-Large) MARK NAGALES, Vice Mayor (District 2) BUENAFLOR NICOLAS, Councilmember (At-Large) JAMES COLEMAN, Councilmember (District 4) EDDIE FLORES, Councilmember (At-Large) ROSA GOVEA ACOSTA, City Clerk FRANK RISSO, City Treasurer MIKE FUTRELL, City Manager SKY WOODRUFF, City Attorney In accordance with California Government Code Section 54957.5, any writing or document that is a public record, relates to an open session agenda item, and is distributed less than 72 hours prior to a regular meeting will be made available for public inspection in the City Clerk’s Office located at City Hall. If, however, the document or writing is not distributed until the regular meeting to which it relates, then the document or writing will be made available to the public at the location of the meeting, as listed on this agenda. The address of City Hall is 400 Grand Avenue, South San Francisco, California 94080. Page 4 City of South San Francisco Printed on 8/3/2021 July 14, 2021City Council Regular Meeting Agenda CALL TO ORDER ROLL CALL PLEDGE OF ALLEGIANCE AGENDA REVIEW ANNOUNCEMENTS FROM STAFF PUBLIC COMMENTS Comments received by the deadline will be read into the record by the City Clerk or designee. Comments received after the deadline will be included as part of the meeting record but will not be read aloud during the meeting. Approximately 300 words total can be read in three minutes. The Public Comment portion of the meeting is reserved for persons wishing to address the Council on any matter NOT on the agenda. Comments on agenda items will be taken when that item is called. If joining the conference by phone you may raise your hand by dialing *9 and *6 to unmute. State law prevents Council from responding to public comments or taking action on matters not on the agenda . The Council may refer comments to staff for follow -up. Speakers are limited to three minutes. If there appears to be a large number of speakers, the Mayor may reduce speaking time to limit the total amount of time for public comments (Gov. Code sec. 54954.3.(b)(1).). Speakers that are not in compliance with the City Council's rules of decorum will be muted. COUNCIL COMMENTS/REQUESTS CONSENT CALENDAR Motion to approve the Minutes for the meetings of May 12, 2021, May 25, 2021, and May 26, 2021. 1. Motion to cancel the Regular City Council meeting of August 11, 2021. (Rosa Govea Acosta, City Clerk) 2. Report recommending City Council reject all bids received for the 2021 Pavement Rehabilitation Project (st2106). (Angel Torres, Senior Civil Engineer) 3. Report regarding a resolution authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers program in South San Francisco and approving Budget Amendment 22.008 accepting up to $13,000 in reimbursement funding. (Adam Elsholz, Assistant Library Director) 4. Page 5 City of South San Francisco Printed on 8/3/2021 July 14, 2021City Council Regular Meeting Agenda Resolution authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers program in South San Francisco and approving Budget Amendment 22.008 accepting up to $13,000 in reimbursement funding. 4a. Report regarding a resolution authorizing the acceptance of $4,435 in funding from San Mateo County Registration and Elections Division to support a 30-Day Vote Center at the Main Library for the September 14, 2021 Gubernatorial Recall Election and approving Budget Amendment 22.009. (Valerie Sommer, Library Director) 5. Resolution authorizing the acceptance of $4,435 in funding from San Mateo County Registration and Elections Division to support a 30-Day Vote Center at the Main Library for the September 14, 2021 Gubernatorial Recall Election and approving Budget Amendment 22.009. 5a. Report regarding a resolution approving Budget Amendment 22.006 appropriating $100,000 in the Public Works Department operating budget for Fiscal Year 2021-22 for the Free South City Shuttle Outreach Enhancements Project. (Marissa Garren, Department of Public Works) 6. Resolution approving Budget Amendment 22.006 appropriating $100,000 in the Public Works Department operating budget for Fiscal Year 2021-22 for the Free South City Shuttle Outreach Enhancements Project. 6a. Report regarding a resolution authorizing the acceptance of $2,000 in grant funding from the California State Library to support Lunch at the Library Pop-up Programming for youth during Summer 2021 and approving Budget Amendment 22.010. (Adam Elsholz, Assistant Library Director) 7. Resolution authorizing the acceptance of $2,000 in grant funding from the California State Library to support Lunch at the Library Pop-up Programming for youth during summer 2021 and approving Budget Amendment 22.010. 7a. Report regarding a resolution determining the continued existence of an emergency and the need to continue emergency repairs in response to the Sign Hill Diamond Fire. (Greg Mediati, Deputy Director of Parks and Recreation) 8. Resolution determining the continued existence of an emergency and authorizing procurement for emergency remediation work relating to fire damage on Sign Hill in South San Francisco. 8a. Page 6 City of South San Francisco Printed on 8/3/2021 July 14, 2021City Council Regular Meeting Agenda Report regarding adoption of a resolution accepting a grant from the San Francisco Bay Restoration Authority in an amount up to $595,000 for planning studies and community engagement of the Colma Creek Restoration and Adaptation Project and approving a grant agreement, and adoption of a resolution approving a consultant services agreement with Hassell Group and approving budget amendment number 22.007, . (Christina Fernandez, Assistant to the City Manager and Tony Rozzi, Chief Planner) 9. Resolution approving the grant of funds from the San Francisco Bay Restoration Authority for the Colma Creek Restoration and Adaptation Project and authorizing the City Manager to execute a grant agreement 9a. Resolution approving a Consultant Services Agreement with Hassell Group for the planning studies and community engagement for the Colma Creek Restoration and Adaptation Project and approving budget amendment number 22.007. 9b. Report regarding approval of the Fourth Amendment to an Exclusive Negotiating Rights Agreement with Ensemble Investments, LLC for a proposed hotel development at Oyster Point. (Ernesto Lucero, Economic Development Coordinator) 10. Resolution approving the Fourth Amendment to the Exclusive Negotiating Rights Agreement between Ensemble Investments, LLC and the City for a proposed hotel development at Oyster Point. 10a. Report regarding a resolution approving Amendment No. 7 to the Employment Agreement between Michael Futrell and the City of South San Francisco. (Sky Woodruff, City Attorney) 11. Resolution approving Amendment No. 7 to the Employment Agreement between Michael Futrell and the City of South San Francisco. 11a. PUBLIC HEARING Report regarding a public hearing to receive input from the community regarding the redrawing of election district boundaries and approving redistricting schedule. (Rosa Govea Acosta, City Clerk and Kristen Parks, National Demographics Corporation) 12. ADMINISTRATIVE BUSINESS Report regarding adoption of a resolution approving the creation of South San Francisco’s Guaranteed Income pilot program and approving budget amendment number 22.011 appropriating $800,000 in American Rescue Plan Act funds. (Christina Fernandez, Assistant to the City Manager, Nell Selander, Deputy Director of Economic & Community Development, and Jane Chandler, YMCA) 13. Page 7 City of South San Francisco Printed on 8/3/2021 July 14, 2021City Council Regular Meeting Agenda Resolution approving the creation of South San Francisco’s Guaranteed Income Pilot Program and approving budget amendment number 22.011 appropriating $1,000,000 in American Rescue Plan Act funds. 13a. Report regarding a resolution to approve the successor Memorandums of Understanding between the City and the American Federation of State, County, and Municipal Employees (AFSCME) Local 829, Teamsters Local 856 - Mid Management Unit, Teamsters Local 856 - Confidential Unit, and International Union of Operation Engineers (IUOE) Local 39 for July 1, 2021 - June 30, 2022, and a resolution approving associated amendments to the City’s Salary Schedule for Fiscal Year 2021-2022 (Leah Lockhart, Human Resources Director) 14. Resolution approving the successor Memorandums of Understanding between the City and the American Federation of State, County, and Municipal Employees (AFSCME) Local 829, Teamsters Local 856 - Mid Management Unit, Teamsters Local 856 - Confidential Unit, and International Union of Operation Engineers (IUOE) Local 39 for July 1, 2021 - June 30, 2022 14a. Resolution to approve amendments to the Salary and Wage Schedule for the City of South San Francisco to provide for negotiated and recommended wage adjustments. 14b. Report regarding an ordinance adding Chapter 2.83 to the South San Francisco Municipal Code establishing a Youth Commission. (Ashley Crociani, Policy Analyst) 15. Ordinance adding Chapter 2.83 to Title 2 of the South San Francisco Municipal Code related to the establishment of a Youth Commission 15a. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS CLOSED SESSION Closed Session: Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Properties: 201 Linden Avenue Agency Negotiators: Alex Greenwood, Director of Economic and Community Development; Nell Selander, Deputy Director of Economic and Community Development; and Julie Barnard, Economic Development Coordinator Negotiating Parties: Giorgi Family Trust Under Negotiation: Price and Terms 16. Page 8 City of South San Francisco Printed on 8/3/2021 July 14, 2021City Council Regular Meeting Agenda Closed Session: Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Properties: 201 Baden Avenue (APN 012-335-100 and APN 012-335-110) Agency Negotiators: Alex Greenwood, ECD Director; Nell Selander, ECD Deputy Director; and Julie Barnard, Economic Development Coordinator Negotiating Parties: Firehouse Work, LLC and Eden Housing. Under Negotiation: Review of Price and Terms 17. ADJOURNMENT Page 9 City of South San Francisco Printed on 8/3/2021 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-552 Agenda Date:7/14/2021 Version:1 Item #:1. Motion to approve the Minutes for the meetings of May 12, 2021, May 25, 2021, and May 26, 2021. City of South San Francisco Printed on 7/15/2021Page 1 of 1 powered by Legistar™ CALL TO ORDER Mayor Addiego called the meeting to order at 6:00 p.m. ROLL CALL Present: Councilmembers Coleman, Flores and Nicolas, Vice- Mayor Nagales, and Mayor Addiego AGENDA REVIEW No Changes ANNOUNCEMENTS FROM STAFF Assistant to the City Manager Fernandez provided an update on upcoming vaccine opportunities and encouraged the community to get vaccinated. Fire Chief Magallanes informed the community about an incident that occurred at the Oyster Point Marina and provided tips for residents considering recreational activities. PRESENTATIONS 1. Proclamation honoring Asian American and Pacific Islander Heritage Month. (Mark Addiego, Mayor) Vice Mayor Nagales read into the record a proclamation honoring Asian American and Pacific Islander Heritage Month. 2. Presentation on Disclosure Requirements and Best Practices for Municipal Securities (Janet Salisbury, Finance Director, and Brian Forbath, Stradling Yocca Carlson & Rauth) Finance Director Salisbury introduced Brian Forbath from Stradling, Yocca, Carlson and Rauth. Mr. Forbath provided a presentation on disclosure requirements and best practices for municipal securities. MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, MAY 12, 2021 6:00 p.m. Teleconference via Zoom City Council conducted this meeting in accordance with California Governor Newsom’s Executive Orders N-29-20 and N-63-20 and COVID-19 pandemic protocols. REGULAR CITY COUNCIL MEETING May 12, 2021 MINUTES PAGE 2 3. Proclamation recognizing May as Brain Tumor Awareness month. (Buenaflor Nicolas, Councilmember) Councilmember Nicolas shared her personal experience and read into the record a proclamation recognizing May as Brain Tumor Awareness month. Sarah Funes accepted the proclamation and thanked Council for the recognition. PUBLIC COMMENTS Members of the public were encouraged to submit public comments in writing in advance of the meeting via eComment by 4:00 p.m. on the day of the meeting. The following individuals provided public comment: • Cory David • Eddy Holman • Liliana Rivera • Andrea Sims • Keliana Hui • Marcela Rivera • Devante Jewett • H. Karmese PUBLIC HEARING - Item taken out of order 11. Report regarding Resolution No. 86-2021 approval by the City of South San Francisco of the issuance by the City of South San Francisco Public Facilities Financing Authority of its Lease Revenue Bonds, Series 2021A (Janet Salisbury, Director of Finance) Finance Director Salisbury presented the report and provided background information on the Lease Revenue Bonds. In March 2020, the Authority issued its 2020A Bonds to finance the bulk of the new police station. In connection therewith, the city entered into a Ground Lease with the Authority, pursuant to which the city leased certain city-owned property (consisting of the Miller Parking Garage (excluding the commercial office space on the ground floor) and the Orange Memorial Park) to the Authority. Under a Lease Agreement, the Authority leased such property back to the city. Under the Lease Agreement, the city agreed to make rental payments to the Authority for the beneficial use and occupancy of such property. Pursuant to an Assignment Agreement, the Authority assigned certain rights under the Lease Agreement to The Bank of New York Mellon Trust Company, N.A., as trustee (the “Trustee”) for the 2020A Bonds, including the right to receive the rental payments under the Lease Agreement. The 2020A Bonds were issued pursuant to an Indenture of Trust entered into among the city, the Authority and the Trustee. The foregoing legal documents were drafted to allow for the issuance of additional series of bonds to finance subsequent phases of the Community Civic Campus and/or other city improvements. She stated that the City Council would be approving the issuance of the 2021A Bonds, which would allow for the funding of the Library, Parks and Recreation Building (“LPR”), the solar roofs for LPR along with the Corporation Yard, as well as the Streets Rehabilitation Program. If approved the City and the Authority will enter into first amendments to the Ground Lease, Lease Agreement and Assignment Agreement to increase the rental payments so that they are sufficient to pay both the REGULAR CITY COUNCIL MEETING May 12, 2021 MINUTES PAGE 3 2020A Bonds and the 2021A Bonds. The amendments also add additional City-owned properties to the Ground Lease and Lease Agreement so that the increased rental does not exceed the fair rental value of the leased properties, as required under California law. Approval of the resolution presented authorizes the expenditure in fiscal year 2020-21 of up to $65 million from available Measure W sales tax revenues and other City funds to fund the projects and other project costs eligible to be funded from Measure W sales tax revenues. Measure W sales tax revenues are accounted for in a separate fund outside of the City’s General Fund. As such, Measure W funds are approved and appropriated by Council during the annual budget process. Public Hearing opened: 6:51p.m. Public Hearing closed: 7:20 p.m. The following individuals provided public comment: • Mina Richardson • Liliana Rivera Councilmember Nicolas inquired to the reasoning behind using 25 basis points instead of the previous 50 used in the first bond series. Finance Director Salisbury stated it was a good faith estimate and based on sizing for the buyers. Motion —Councilmember Nicolas/Second – Councilmember Coleman: To approve Resolution No. 86-2021, by roll call vote: AYES: Councilmembers Coleman, Flores, Nicolas, and Mayor Addiego; NAYS: None; ABSENT: Vice Mayor Nagales; ABSTAIN: None. Meeting recessed: 7:21 p.m. Meeting resumed: 7:26 p.m. COUNCIL COMMENTS/REQUESTS Vice Mayor Nagales reminded the community of the importance of getting vaccinated and closing the digital divide. The city distributed 90 laptops for qualified residents, and he shared information about the rent relief program. He requested an update on the single-use plastic ban ordinance. Councilmember Nicolas thanked Frank McAuley, the Sister Cities Committee, the Rotary Club, and city staff for the Arbor Day celebration on May 1st. She also thanked former Mayor Liza Normandy, the South San Francisco Chamber of Commerce, and the Sitike Counseling Center for hosting mental health sessions. She invited the community to attend the next session on May 13th and to visit the South San Francisco Chamber of Commerce website for more information. Councilmember Nicolas thanked city staff for the laptop event and the library for events they held. She also requested an update on the youth summer program, and for the meeting be adjourned in memory of Rosalinda Corre Samonte. Councilmember Flores requested that city continue to advertise that the City Council meetings offer translation services. He addressed the community on the recent killing of Roger Allen and expressed his deepest condolences to the family. Councilmember Coleman thanked city staff for their work with distributing laptops and the vaccination clinics. He thanked all the public comments speakers that addressed a very serious issue impacting the community and shared that he had discussed the issue with city staff. REGULAR CITY COUNCIL MEETING May 12, 2021 MINUTES PAGE 4 CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific item as follows: Item 5 was pulled for further discussion. 4. Motion to approve the Minutes for the meetings of March 24, 2021, March 30, 2021, and April 2, 2021. (Rosa Govea Acosta, City Clerk) 6. Report regarding Resolution No. 87-2021 determining the continued existence of an emergency and the need to continue emergency repairs in response to the Sign Hill Diamond Fire. (Greg Mediati, Deputy Director of Parks and Recreation) 7. Report regarding Resolution No. 88-2021 approving a reimbursement agreement with Genentech, Inc. for the construction of off-site improvements along East Grand Avenue between Allerton Avenue and DNA Way, Project No. TR2102. (Jeffrey Chou, Associate Engineer) Motion —Vice Mayor Nagales/Second – Councilmember Nicolas: To approve Consent Calendar items 4, 6 & 7, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. Item No. 5: Vice Mayor Nagales inquired on the process of write-offs. Emergency Medical Services Chief Walls provided an overview of the write-off process. 5. Report regarding Resolution No. 89-2021 authorizing the write-off of $223,148 in uncollectible ambulance billing accounts receivable. (Richard Walls, Emergency Medical Services Chief) Motion —Vice Mayor Nagales/Second – Councilmember Nicolas: To approve Consent Calendar item 5, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. ADMINISTRATIVE BUSINESS 8. Report regarding Resolution No. 90-2021 adopting a proposed list of projects for fiscal year 2021-22 funded by SB1: The Road Repair and Accountability Act of 2017. (Bianca Liu, Senior Engineer) Senior Engineer Liu presented the report and provided background information on the proposed list of projects for fiscal year 2021-22. The SB 1 projects listed for FY 21-22 were part of the city’s current Capital Improvement Program which highlights the city’s needed improvements and priority for implementation. This year’s funding from SB 1 will help the city maintain and rehabilitate roads and add active transportation infrastructure throughout the city. City staff is currently working on the FY 21-22 Capital Improvement Program Budget and plan to present the details to City Council at a future meeting. Vice Mayor Nagales inquired on the process of informing the community of projects in their neighborhoods. Senior Engineer Torres provided an overview of the process. Councilmember Nicolas suggested giving residents sufficient notice but not too far in advance. REGULAR CITY COUNCIL MEETING May 12, 2021 MINUTES PAGE 5 Mayor Addiego requested city staff ensure that contractors are providing the necessary signage for projects under construction. The following individuals provided public comment: • Liliana Rivera • Mina Richardson • Devante Jewett Motion —Vice Mayor Nagales/Second – Councilmember Flores: To approve Resolution No. 90- 2021 adopting a proposed list of projects for fiscal year 2021-22 funded by SB1: The Road Repair and Accountability Act of 2017, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice-Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. 9. Report regarding Resolution No. 91-2021 approving budget amendment 21.050 to appropriate $346,500 in funds from the Infrastructure Reserve fund and $103,500 from the Public Safety Impact Fee Fund into the Vehicle Replacement Fund and amending the Vehicle Replacement Fund in the amount of $450,000 for construction and purchase of an advance life support ambulance in the amount of $394,965 and the purchase of associated tools and equipment in the amount of $55,035; and approving and authorizing the City Manager to enter into a purchase agreement with Red Sky Emergency Vehicles for the construction and purchase of an advanced life support ambulance. (Richard Walls, EMS Chief) Emergency Medical Services Chief Walls provided the report and background information on the purchase of a 2021 Braun Super Chief Medium Duty Ambulance. After considering all of the influencing factors, staff selected the International MV607 model drivetrain with the Braun Super Chief ambulance body as the most appropriate ambulance. The Braun Super Chief is the same model of ambulance used by Boston EMS, Nashville Fire and EMS, City of New Orleans EMS, Duke University EMS, and Tampa Fire and Rescue to name a few organizations. He stated that the Fire Department is planning to purchase the ambulance through the HGAC-Buy (HGAC), which is the Houston-Galveston Area Council. HGAC is a Cooperative Purchasing Program which assists local governments in reducing costs through government-to-government procurement services. It is a program that is available to local government entities and qualifying non-profit corporations. Motion —Councilmember Nicolas/Second – Councilmember Coleman: To approve Resolution No. 91-2021, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice-Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. 10. Report regarding an Ordinance repealing Chapter 11.44 of the South San Francisco Municipal Code to eliminate the mandatory licensing of a bicycle or motorized bicycle before operating it within the City of South San Francisco. (Sky Woodruff, City Attorney) City Attorney Woodruff presented the report and provided background information on the ordinance. Chapter 11.44 was initially intended to make it easier to recover stolen bikes and return them back to the owner. However, very few persons in the City of South San Francisco observe the mandatory licensing requirements under Chapter 11.44. Many cities adopted similar ordinances REGULAR CITY COUNCIL MEETING May 12, 2021 MINUTES PAGE 6 around the same time as South San Francisco, when there were not internet-based services that made it simple for people register their bicycles. More recently, cities have begun to repeal similar mandatory bicycle licensing ordinances, citing the high costs of administering them and low participation. California cities that have repealed their mandatory bicycle licensing ordinances include of Los Angeles, Santa Monica, and San Jose. Thus, consistent with Council direction, staff recommends repeal of Chapter 11.44. Any fees collected pursuant to that chapter will continue to exist and may be used for the purpose specified therein prior to repeal. The following individuals provided public comment: • Liliana Rivera • John Baker • Nick Occhipinti Motion —Councilmember Nicolas/Second – Councilmember Flores: To introduce and waive further reading of an ordinance repealing Chapter 11.44 of the South San Francisco Municipal Code to eliminate the mandatory licensing of a bicycle or motorized bicycle before operating it within the City of South San Francisco, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice-Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS None CLOSED SESSION Entered Closed Session: 8:16 p.m. 12. Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Property: 71 Camaritas Avenue, South San Francisco (APN 010-402-240) City Negotiators: Alex Greenwood, ECD Director; Jess Magallanes, Fire Chief; Jacob Gilchrist, Director of Capital Projects; Nell Selander, ECD Deputy Director Negotiating Parties: Camino Royale Investment Corporation and Somil Gandhi Under Negotiations: Price and terms Report out of Closed Session by Mayor Addiego: Direction given to negotiators. 13. Conference with Legal Counsel-Anticipated Litigation Significant exposure to litigation pursuant to Government Code Section 54956.9(d)(2): One potential case Report out of Closed Session by Mayor Addiego: No reportable action. Resumed from Closed Session: 8:59 p.m. REGULAR CITY COUNCIL MEETING May 12, 2021 MINUTES PAGE 7 ADJOURNMENT Being no further business Mayor Addiego adjourned the meeting in memory of Rosalinda Corre Samonte at 9:00 p.m. Respectfully submitted by: Approved by: Cindy Avila Mark Addiego Assistant City Clerk Mayor Approved by the City Council: / / CALL TO ORDER Mayor Addiego called the meeting to order at 6:00 p.m. ROLL CALL Present: Councilmembers Coleman, Flores, and Nicolas, Vice-Mayor Nagales, and Mayor Addiego. AGENDA REVIEW No changes. PUBLIC COMMENTS – comments are limited to items on the Special Meeting Agenda. Members of the public wishing to participate were encouraged to submit public comments in writing in advance of the meeting via eComment by 4:00 p.m. on the day of the meeting. None ADMINISTRATIVE BUSINESS 1. Report regarding Sea Level Rise at Oyster Point and Expansion of Commuter Ferry Service. (Philip Vitale, Deputy Capital Projects Manager) Deputy Capital Projects Manager Vitale provided an overview of the implications of sea-level rise on the Spit at Oyster Point, as well as regulatory mandates for improvements. He was requesting Council feedback and instruction on how to proceed with design and construction. The three-part feasibility study consists of the following: (1) How to best address Sea Level Rise at Oyster Point's Spit; (2) The possibility of building a ferry terminal building at the Spit; (3) The possibility of expanding commuter ferry service to Oyster Point using the Spit area. In addition, the staff is looking into engineering solutions to address flooding and seawater inundation of the capped landfill at the Spit. Ways to build on the shoring improvement to expand water transportation services and create indoor and outdoor programmable spaces for residents, commuters, boaters, Bay Trail users, and the public. The city leased the site to The South San Francisco Scavenger Company, a now-defunct landfill operator, from 1956 to 1970. The city maintained the closed landfill from 1970 to 1977. A marina built in 1962 next to a part of the former landfill was administered by the city. Under an Operating Agreement with the City, the San Mateo County Harbor District has operated the municipal marina and a park at the landfill since 1977 and manages property leases for additional facilities. MINUTES SPECIAL MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO TUESDAY, MAY 25, 2021 6:00 p.m. Teleconference via Zoom City Council conducted this meeting in accordance with California Governor Newsom’s Executive Orders N-29-20 and N-63-20 and COVID-19 pandemic protocols. SPECIAL CITY COUNCIL MEETING May 25, 2021 MINUTES PAGE 2 Following the end of landfill operations in 1970, the City and Scavenger undertook various site closure initiatives. The landfill's upper surface was compacted between 1971 and 1976. Between 1979 and 1981, additional remedial measures were built, including a 2- to 3-foot-thick Bay Mud cap across the site. The study is being done to comply with Title 27 of the California Water Resources Board's regulations. The city is responsible for ensuring that the Oyster Point peninsula is not inundated with water on top of the landfill and protecting the area from rising sea levels. In addition, the staff is looking into north-south water transit to help manage traffic congestion issues in the future. Principal Engineer Ruble discussed the engineering portion of the project and provided an overview of the three options to resolve the flooding at the Spit. He indicated that Option 1 and Option 2 both call for the construction of a steel sheet piling retaining wall around the perimeter of the landfill trash and the import of engineered fill material to improve the site's grades. Both alternatives are intended to enable future commercial development on the Spit. Option 3 involves completely removing all soil and trash from the Spit and returning it to the Bay, necessitating the construction of a temporary cofferdam around the perimeter of the Spit to prevent Bay waters from accessing the project area. At the same time, all soil and garbage materials are enclosed within the landfill. Assistant to the City Manager Fernandez discussed proposed expansions to ferry service. The East of 101 (E101) is one of the Bay Area's most rapidly expanding employment districts. E101 is an international hub for life science and biotechnology and a regional center for industry, logistics, and travel, with around 28,000 employees. E101 is anticipated to add about 13 million square feet of office and research and development (R&D) space over the next two decades, roughly doubling its daytime population to over 55,000 employees. Approximately half of this expansion has already been approved or is in the planning stages. Because there are few places of vehicle access on E101, travel is limited to a few congested traffic bottlenecks, public transportation, and active transportation options are limited. For the area to remain competitive on a worldwide scale, new transportation options are required. WETA provides the existing ferry service with East-West routes that are now operational. The city engaged Tideline Marine to evaluate and study prospective routes and passengers between Oyster Point Marina in South San Francisco and popular commuter hubs in San Francisco. Tideline conducted a study of possible North-South lines, starting with a look at ridership and farebox recovery. Based on a 3% year-over-year growth rate, the research predicted increased ridership. From San Francisco to South San Francisco, the total trips include round trip information. Ferry service can rise from a few hundred daily passengers in 2021 to over 1,200 daily riders in five years, with growth rates ranging from a prudent 5% to a vigorous 20%. There are an expected 304 daily passengers at 5% ridership by 2026 and 1,215 daily riders at 20% ridership. The expansion of ferry service remains an appealing option to driving a single-occupancy car. Tideline proposed several paths, with a focus on the North-South connection that Oyster Point Marina now lacks. Ferry service offers services not found on other means of transportation, such as Wi-Fi, onboard eateries, and bike storage. City Manager Futrell provided an overview of project costs for the Council’s consideration and indicated that there would be opportunities for state and federal grants. Assemblymember Mullin proposes a statewide bond on the November 2022 election to address sea-level rise. SPECIAL CITY COUNCIL MEETING May 25, 2021 MINUTES PAGE 3 Councilmember Coleman inquired about the project’s flexibility, given that the sea level is rising and expected to increase significantly. Principal Engineer Ruble stated any design must adapt to changes in sea-level rise. Nigel Cabral of Tideline Marine Group provided an overview of the proposed project for the Ferry Service at Oyster Point. ADJOURNMENT Being no further business Mayor Addiego adjourned the meeting at 6:47p.m. Respectfully submitted by: Approved: Rosa Govea Acosta Mark Addiego City Clerk, CMC, CPMC Mayor Approved: / / CALL TO ORDER Mayor Addiego called the meeting to order at 6:00 p.m. ROLL CALL Present: Councilmembers Coleman, Flores and Nicolas, Vice-Mayor Nagales, and Mayor Addiego AGENDA REVIEW At the request of City Manager Futrell, the City Council heard Administrative Business Item No. 18 after Presentation No. 3. ANNOUNCEMENTS FROM STAFF Finance Director Salisbury provided an updated on the city’s Lease Revenue Bonds, Series 2020A. Mayor Addiego requested a moment of silence for the victims of the mass shooting that occurred at a Santa Clara Valley Transportation Authority (VTA) facility in San Jose, CA. PRESENTATIONS 1. Presentation of a Certificate of Recognition to Janice Martir, student at El Camino High School, and Cyrus Ramesh, student at South San Francisco High School, as the 2021 Jack Drago Cultural Arts Commission Youth Art Scholarship Award Recipients. (Mark Addiego, Mayor) Cultural Arts Commissioner DeNatale provided an overview of the Jack Drago Cultural Arts Commission Youth Art Scholarship program and recognized recipients Janice Martir, student at El Camino High School, and Cyrus Ramesh, student at South San Francisco High School. On June 7, 2021, the staff will display the public art on the city's website, and the public is invited to view the gallery online. 2. Proclamation honoring Charlene “Shane” Looper, Cultural Arts Commissioner, (Mark Addiego, Mayor) Mayor Addiego read into the record a proclamation recognizing former Cultural Arts Commissioner Charlene “Shane” Looper for her years of service. Shane thanked the Council and staff for their support and recognition. MINUTES REGULAR MEETING CITY COUNCIL CITY OF SOUTH SAN FRANCISCO WEDNESDAY, MAY 26, 2021 6:00 p.m. Teleconference via Zoom City Council conducted this meeting in accordance with California Governor Newsom’s Executive Orders N-29-20 and N-63-20 and COVID-19 pandemic protocols. REGULAR CITY COUNCIL MEETING May 26, 2021 MINUTES PAGE 2 3. Presentation on Reimagine SamTrans. (Jessica Epstein, and Jonathan Steketee with SamTrans) Jonathan Steketee, Planning Manager, SamTrans, provided an overview of the Reimagine SamTrans alternative plan and guiding principles. Jessica Epstein, Government and Community Affairs Officer, encouraged the community to participate in the community survey posted on the SamTrans website, which will close on May 31, 2021. She invited the community to join an in- person event that will be held in collaboration with the South San Francisco Public Library and Friends of Old Town on Saturday, June 5, 2021. For more information, visit www.reimaginesamtrans.com/alternatives The following individual provided public comment: • Sonny Koya ADMINISTRATIVE BUSINESS - Item taken out of order 18. Report regarding consideration of countywide bus service changes proposed under the Reimagine SamTrans project. (Christopher Espiritu, Senior Planner and Tony Rozzi, Chief Planner) City Manager Futrell solicited council input to the proposed alternatives for future submittal to the SamTrans board. Senior Transportation Planner Espiritu presented the report and provided an overview. Vice Mayor Nagales inquired about the changes to the school routes. Jonathan Steketee provided an overview of the proposed changes and peek service. Councilmember Nicolas expressed her concern with the timing of proposed changes and noted the changes to the current workforce, i.e., virtual vs. onsite, leading to reduced ridership. She requested that staff advocate for Route 292 and reiterated the importance of reducing Greenhouse Emissions. Councilmember Flores expressed his disappointment with the proposed changes and communication. He requested that SamTrans provide additional outreach to South San Francisco. Jessica Epstein provided an overview of their outreach efforts throughout the County. Councilmember Coleman requested clarification on the proposed changes. Jessica Epstein provided an overview of the process and current routes. Council provided input and requested that staff advocate for keeping Route 292; oppose school route changes; advocate for late-night service; advocate for service to Oyster Point, and additional routes when feasible. The following individuals provided public comment: • Ethan Mizzi • Karyl Matsumoto REGULAR CITY COUNCIL MEETING May 26, 2021 MINUTES PAGE 3 PUBLIC COMMENTS Members of the public were encouraged to submit public comments in writing in advance of the meeting via eComment by 4:00 p.m. on the day of the meeting. Deputy City Clerk Rodriguez read into the record two public comments from anonymous residents. COUNCIL COMMENTS/REQUESTS Councilmember Nicolas thanked participants of the United WE Appointment projects. She invited the public to participate the speaker series hosted by SITIKE on May 27th. She expressed her condolences to the families that lost a loved one in today’s mass shooting in San Jose, CA. Councilmember Nicolas thanked the participants of the UnitedWE Appointments Project. She invited the public to join the Real Talk - Speaker Series in Honor of Mental Health Awareness Month hosted by the South San Francisco Chamber of Commerce and Sitike Counseling Center on Thursday, May 27, 2021. She expressed her condolences to the families that lost a loved one in the mass shooting in San Jose, CA. Councilmember Flores expressed his concern with the rise in thefts of catalytic converters. He requested staff to consider a three-pronged approach to address the theft, incorporating public outreach, possible partnerships with local body shops to etch VIN#'s to catalytic converters to deter theft, like Santa Clarita Valley’s approach. Councilmember Coleman expressed his concern with the end of state eviction moratorium on June 30, 2021. He proposed an interim 120-day eviction moratorium beginning July 1, 2021. City Manager Futrell indicated that staff continues to monitor legislation and will proceed as the Council desires. Deputy Director of Economic and Community Development Selander provided an overview of the city's Rent Relief Program and funding. Vice Mayor Nagales discussed SB 91: COVID-19 Relief for California Landlords and Tenants. He suggested that the city consider a 3-month moratorium to allow tenants time to apply, pending action from the County. He expressed his condolences to the families of the mass shooting victims that occurred in San Jose, CA. He encouraged community members to receive the COVID-19 vaccine and noted that 72.8% of South San Francisco residents had received the vaccine. Mayor Addiego requested to adjourn in memory of South San Francisco resident Frances Regalia. CONSENT CALENDAR The City Clerk duly read the Consent Calendar, after which Council voted and engaged in discussion of specific item as follows. 4. Motion to approve the Minutes for the meeting of April 14, 2021. (Rosa Govea Acosta, City Clerk) 5. Report recommending to accept the construction improvements of the Linden Avenue Phase 1 Traffic Calming Improvements Project (st1601). (Angel Torres, Senior Civil Engineer) REGULAR CITY COUNCIL MEETING May 26, 2021 MINUTES PAGE 4 6. Report regarding Resolution No. 92-2021 approving an environmental testing services agreement for laboratory testing services with Alpha Analytical Laboratories, Inc. in an amount not to exceed $175,000 annually for Fiscal Years 2021-2022, 2022-2023, 2023-2024, 2024-2025, and 2025-2026, and authorizing the City Manager to execute the agreement. (Andrew Wemmer, Environmental Compliance Supervisor) 7. Report regarding Resolution No. 93-2021 determining the continued existence of an emergency and the need to continue emergency repairs in response to the Sign Hill Diamond Fire. (Greg Mediati, Deputy Director of Parks and Recreation) 8. Report regarding Resolution No. 94-2021 to accept the construction improvements of the Grand Boulevard Initiative Project: Phase I (st1403) and Phase II (st1502). (Matthew Ruble, Principal Engineer). 9. Report regarding Resolution No. 95-2021 accepting a grant in the amount of $29,750.40 from Kaiser Foundation Hospitals Northern California Community Benefits Programs to support COVID-19 Vaccine Equity in South San Francisco and approving budget amendment 21.051. (Christina Fernandez, Assistant to the City Manager) 10. Report regarding Resolution No. 96-2021 approving a consultant services agreement with Dysert Environmental, Inc. for environmental sampling services in an amount not to exceed $90,000 annually, for fiscal years 2021-2022, 2022-2023, 2023-2024, 2024-2025, and 2025-2026; and authorizing the City Manager to execute the agreement (Andrew Wemmer, Environmental Compliance Supervisor). 11. Report regarding Resolution No. 97-2021 authorizing the City Manager to execute a professional services contract with Zoon Engineering, Inc. of Emeryville, California for construction management and inspection services for the Smart Corridors Expansion Project (Project No. tr2002) in an amount not to exceed $550,700 for a total budget of $633,305. (Bianca Liu, Senior Engineer) 12. Report regarding Resolution No. 98-2021 approving a one-year extension of a services agreement for the maintenance of the Emergency Standby Generators, 480V Utility/Generator Paralleling Switchgear and Cogeneration Engine Generator at the Water Quality Control Plant with Peterson Power Systems in an amount not to exceed $225,000 for fiscal year 2021-22 and authorizing the City Manager to execute the agreement. (Brian Schumacker, Water Quality Control Plant Superintendent) 13. Report regarding Resolution No. 99-2021 awarding a construction contract to Murphy Industrial Coatings, Inc. of Signal Hill, California for the Water Quality Control Plant and Pump Station Coating and Corrosion Protection Project, Phase Two and Three for a total construction budget of $1,038,644.40, and authorizing the City Manager to execute agreement on behalf of the City. (Brian Schumacker, Plant Superintendent, and Peter Vorametsanti, Engineering Division Consultant/ Project Manager) REGULAR CITY COUNCIL MEETING May 26, 2021 MINUTES PAGE 5 14. Report regarding Resolution No. 100-2021 awarding landscape maintenance services agreements to Frank and Grossman Landscape Contractors, Inc. of Hayward, California for citywide right-of-way landscape maintenance services in an amount not to exceed $616,064, and to Gothic Landscaping of San Jose, California for Common Greens landscape maintenance services in an amount not to exceed $792,416 for a twenty-four (24) month term and amending the Parks and Recreation Department’s Fiscal Year 2021-22 and 2022-23 Operating Budgets pursuant to budget amendment # 22.002 (Greg Mediati, Deputy Director of Parks and Recreation). 15. Report regarding adoption of Ordinance No. 1621-2021 amending the contract between the Board of Administration, California Public Employees’ Retirement System and the City of South San Francisco to implement the ability for Classic Miscellaneous members in the Executive Management Unit to increase their portion of the employer share of their CalPERS pension costs. (Leah Lockhart, Human Resources Director) 16. Report regarding Ordinance No. 1622-2021 repealing Chapter 11.44 of the South San Francisco Municipal Code to eliminate the mandatory licensing of a bicycle or motorized bicycle before operating it within the City of South San Francisco. (Sky Woodruff, City Attorney) Motion —Vice Mayor Nagales/Second – Councilmember Flores: To approve Consent Calendar items 4 - 16, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. ADMINISTRATIVE BUSINESS 17. Report regarding a motion to approve the program concept for the Shop Local Gift Card Program (Heather Ruiz, Management Analyst) Management Analyst Ruiz presented the report, provided an overview of the proposed initiative, and indicated that the funds would be used from the General Fund and submitted to the American Recovery Act for reimbursement. Councilmember Flores thanked staff for their work and their commitment to the program and noted that the purchase of tobacco and alcohol would be prohibited. Councilmember Nicolas inquired about the targeted households and the disbursement process. Economic and Community Development Director Greenwood provided an overview of the program. Vice Mayor Nagales requested clarification of the program, including participant data. Economic and Community Development Director Greenwood provided an overview of the program. He indicated that staff would track beneficiaries and merchant participation. Councilmember Coleman expressed his support. Mayor Addiego suggested that the item be brought back for the second round of applications if the program is successful. Motion —Councilmember Flores/Second – Councilmember Coleman: To approve by motion the program concept for the Shop Local Gift Card Program, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice-Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. REGULAR CITY COUNCIL MEETING May 26, 2021 MINUTES PAGE 6 19. Report regarding Resolution No. 101-2021 approving the Second Amendment to the Exclusive Negotiating Rights Agreement with Firehouse Work LLC and Eden Housing for the disposition of the old firehouse property located at 201 Baden Avenue (Julie Barnard, Economic Development Coordinator). Economic Development Coordinator Barnard presented the report and provided an overview of the project. Andrea Osgood of Eden Housing provided an overview of their organization and thanked Council for the opportunity. Mayor Addiego and Vice Mayor Nagales informed the Council of their previous conversation with Dawn Merkes and Andrea Gifford of Group 4, and Andrea Osgood of Eden Housing regarding the project. Vice Mayor Nagales expressed his concern about the cost of affordable housing. Andrea Osgood provided an overview of the project and encouraged work and live preferences for future tenants. Councilmembers Nicolas and Flores expressed their support of the project. Councilmember Coleman requested clarification of the project. Economic Development Coordinator Barnard provided an overview and clarified that the sale would be to Firehouse Works. He inquired about the possibility of a 100-year lease for the city to keep the land for future public use. Mayor Addiego expressed his support of the proposed project. City Manager Futrell indicated that the staff would bring a closed session item to Council. The following individuals provided public comment: • Ethan Mizzi Motion —Councilmember Nicolas/Second – Vice-Mayor Nagales: To approve Resolution No. 101- 2021, approving the Second Amendment to the Exclusive Negotiating Rights Agreement with Firehouse Work LLC and Eden Housing for the disposition of the old firehouse property located at 201 Baden Avenue, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice-Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. 20. Report regarding Resolution No. 102-2021 authorizing the City Manager to execute an agreement with the County of San Mateo for continued provision of animal control services for a five-year term beginning July 1, 2021, not to exceed $662,368 for FY 2021/22. Assistant City Manager Ranals presented the report and provided an overview of the Animal Control Services Agreement with the County of San Mateo for FY 2021-2026. Councilmember Flores inquired about the patrolling of city parks. Lori Morton-Feazell, Regional Director of Animal Care, provided an overview of the proposed patrolling program by Animal Control Officers and clarified the process for responding to Mountain Lion Calls by the Peninsula Humane Society. Mayor Addiego inquired about the response time for the removal of dead animals on city streets. Lori Morton-Feazell indicated that the contract reflects a change of response time to 18 hours once the call is received. He inquired about the possibility of hosting a licensing event in South San Francisco. Lori Morton-Feazell indicated that residents could register online using PetData, the Burlingame Lantos Non-profit shelter, and the County facility on 37th Avenue in San Mateo. She REGULAR CITY COUNCIL MEETING May 26, 2021 MINUTES PAGE 7 will provide promotional materials for the city to post online to increase licensing. Motion —Councilmember Nicolas/Second – Councilmember Flores: To approve Resolution No. 102-2021 authorizing the City Manager to execute an agreement with the County of San Mateo for continued provision of animal control services for a five-year term beginning July 1, 2021, not to exceed $662,368 for FY 2021/22, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice-Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. 21. Report regarding an ordinance to amend Title 15 of the South San Francisco Municipal Code to adopt Reach Codes for Electrical Energy and Electric Vehicle Charging Stations (Alex Greenwood, Director of Economic and Community Development) Economic and Community Development Director Greenwood introduced Farhad Farahmand, Energy Consultant with TRC, who provided an overview of the proposed project. Councilmember Coleman expressed his support of the proposed ordinance. He indicated that he is interested in pursuing the second wave of Reach Codes to include the commercial sector in the future, including solar requirements for residential and commercial, and green roofing. He suggested following the San Mateo County Reach Codes model. Vice Mayor Nagales requested clarification on building cost. Economic and Community Development Director Greenwood and Farhad Farahmand provided clarification of the All-Electric new construction costs. Councilmember Flores and Mayor Addiego thanked Councilmember Nicolas for her efforts to help the city address Greenhouse Emissions. The following individuals provided public comment: • Terry Nagel • Jared Johnson • Robert Whitehair • Joanna Gardias • Diane Bailey – Campaign for Fossil Free Buildings in Silicon Valley • Dashiell Leeds – Sierra Club Loma Prieta Chapter • Brooke Hodge Councilmember Nicolas requested clarification on the errata sheet as presented to Council. City Attorney Woodruff clarified and noted that the updated errata sheet was distributed to Council and uploaded to the website for public viewing. The sheet provides clarifications to ensure that projects that fall into one of the discussed exceptions comply with State requirements regarding the installation of EV charging stations. Motion —Councilmember Nicolas/Second – Councilmember Coleman: To introduce and waive further reading of an ordinance to amend Title 15 of the South San Francisco Municipal Code to adopt Reach Codes for Electrical Energy and Electric Vehicle Charging Stations, with changes outlined in the errata sheet, by roll call vote: AYES: Councilmembers Coleman, Flores, and Nicolas, Vice-Mayor Nagales and Mayor Addiego; NAYS: None; ABSENT: None; ABSTAIN: None. REGULAR CITY COUNCIL MEETING May 26, 2021 MINUTES PAGE 8 ITEMS FROM COUNCIL – COMMITTEE REPORTS AND ANNOUNCEMENTS 22. San Mateo County City Selection Committee discussion and motion to approve an alternate to the City Selection Committee. (Mark Addiego, Mayor) Mayor Addiego discussed the candidates seeking appointments on various committees. He indicated that in his absence, Councilmember Coleman would serve as the alternate for the meeting scheduled on Friday, May 28, 2021. CLOSED SESSION Entered Closed Session: 9:51 p.m. Resumed from Closed Session: 10:42 p.m. 23. Conference with Labor Negotiators (Pursuant to Government Code Section 54957.6) Agency designated representatives: Leah Lockhart, Human Resources Director, Donna Williamson, Liebert Cassidy Whitmore Employee organization: AFSCME, Local 829; Confidential Unit - Teamsters Local 856; Mid-management Unit - Teamsters Local 856; and International Union of Operating Engineers, Local 39 Report out of Closed Session by Mayor Addiego: Council gave direction to their negotiators. 24. Conference with Legal Counsel-Anticipated Litigation Initiation of litigation pursuant to Government Code Section 54956.9(d)(4): One potential case Report out of Closed Session by Mayor Addiego: Council gave direction to initiate litigation, the particulars of which will be disclosed to any person upon inquiry once filed unless an exception applies. ADJOURNMENT Being no further business Mayor Addiego adjourned the meeting in memory of the victims of the mass shooting at a Santa Clara Valley Transportation Authority (VTA) facility in San Jose, CA and South San Francisco resident, Frances Regalia at 10:43 p.m. Respectfully submitted by: Approved by: Rosa Govea Acosta, CMC, CPMC Mark Addiego City Clerk Mayor Approved by the City Council: / / City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-382 Agenda Date:7/14/2021 Version:1 Item #:2. Motion to cancel the Regular City Council meeting of August 11, 2021.(Rosa Govea Acosta, City Clerk) RECOMMENDATION It is recommended that the City Council,by motion,cancel the Regular City Council meeting of August 11, 2021. CONCLUSION Cancellation of the August 11,2021 Regular City Council meeting will not result in an adverse effect on City business. City of South San Francisco Printed on 7/15/2021Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-440 Agenda Date:7/14/2021 Version:1 Item #:3. Report recommending City Council reject all bids received for the 2021 Pavement Rehabilitation Project (st2106).(Angel Torres, Senior Civil Engineer) RECOMMENDATION It is recommended that the City Council,by motion,reject all bids for the 2021 Pavement Rehabilitation Project (st2106). BACKGROUND/DISCUSSION On February 10,2021,the City Council adopted a resolution authorizing the filing of a grant application for California Department of Resources Recycling and Recovery funds as part of their Rubberized Pavement Grant Program.The City of South San Francisco partnered with City of Brisbane successfully on a joint application to utilize Rubberized Chip Seal as part of the cities’ upcoming Pavement Rehabilitation Project. On June 3,2021,the City of South San Francisco issued a Notice Inviting Bids for the 2021 Pavement Rehabilitation project.The project was posted on the South San Francisco E-Procurement Portal for interested contractors to review and submit their bid proposals. On June 16,2021,the City held a non-mandatory pre-bid conference via an online Zoom meeting for contractors and vendors to ask questions related to the plans and specifications for the project. On June 21,2021,the City issued the first addendum (Addendum No.01).On June 22,2021,the City issued a second addendum (Addendum No.02).These addenda included revisions to some of the plan sheets and to a few sections of the proposal and the specifications for the project. On June 24,2021,at 2:00 p.m.,the City of South San Francisco received three (3)bid proposals for the project through its E-Procurement Portal.The project was advertised with two bid schedules breaking up the proposed work in South San Francisco from the proposed work in Brisbane. Rank Name of Bidder SSF Bid Schedule Brisbane Bid Schedule Combined Total Bid Price 1 Interstate Grading & Paving, Inc.$2,423,042.10 $315,470.30 $2,738,512.40 2 G. Bortolotto & Co. Inc.$2,455,032.50 $362,257.10 $2,817,289.60 3 O’Grady Paving, Inc.$2,595,964.60 $338,189.05 $2,934,153.65 Engineers Estimate $2,428,032.00 $186,415.35 $2,614,447.35 The proposal documents identified that the basis for selection of the award of the contract would be based on the lowest responsive and responsible bidder on the Combined Total Bid Price,consisting of the sum of the SSF Bid Schedule and the Brisbane Bid Schedule. The Bid Proposal received from the lowest bidder,Interstate Grading &Paving,Inc.,included a deviation from City of South San Francisco Printed on 7/15/2021Page 1 of 2 powered by Legistar™ File #:21-440 Agenda Date:7/14/2021 Version:1 Item #:3. The Bid Proposal received from the lowest bidder,Interstate Grading &Paving,Inc.,included a deviation from bid specifications in one of the forms that has been reviewed by both Public Works/Engineering and City Attorney staff.Based on the requirements in the City’s bid specifications and advice from the City Attorney’s office,City staff determined that the deviation was not a minor irregularity that the City could waive,and the bid proposal submitted and received from Interstate Grading &Paving,Inc.is not responsive.In addition, Engineering staff has been working collaboratively with its partner,the City of Brisbane,to participate in the Rubberized Pavement Grant program.Brisbane staff have indicated that the bid prices for their portion of work is beyond what they can recommend for approval. Pursuant to Public Contract Code section 20166,a legislative body may reject any bids presented for a project at its sole discretion.The bid proposal documents identified that the City would determine which,if any,of the Bid Schedules would be awarded and constructed.The City also identified that it reserved the right to reject any or all Bid Schedules submitted. At this time,City staff has determined that it is in the best interest of the City and the project to reject all bids and not award a contract at this time.Staff intends to revisit the details of the project by separating the street and hardscape improvements.Separating the improvements should help solicit more bids from specialized general contractors,while potentially saving on the markup costs of managing subcontractors.With two separate projects,the underground drainage work,the tree replacement work and all the concrete work can be constructed in the 2021 season.That project will be completed in advance of the pavement rehabilitation work that can be advertised as a separate project this year and constructed in 2022. This proposed timeframe will still allow time for the Rubberized Pavement Rehabilitation project to be completed and for the City to submit the final grant reimbursement invoice in a timely manner (April 2023), well within the timeline identified by the California Department of Resources Recycling and Recovery (CalRecycle) Rubberized Pavement Grant Program. FISCAL IMPACT There is no fiscal impact. RELATIONSHIP TO STRATEGIC PLAN Approval of this action will contribute to the City’s Strategic Plan outcome of improved Quality of Life by maintaining and improving infrastructure to serve the public. CONCLUSION Staff recommends that all bids received be rejected so that City staff may revisit details of the bid specifications and re-advertise for bids. Attachment: 1.st2106 Combined Total Bid Price Summary City of South San Francisco Printed on 7/15/2021Page 2 of 2 powered by Legistar™ City of South San Francisco DPW Engr Div CIP st2106 Combined Total Bid Prices Contractor SSF Bid Schedule Brisbane Bid Schedule Combined Total Bid (Contract Award Based on "Combined Total Bid Price")Results Results Results 1 Interstate Grading & Paving, Inc $2,423,042.10 $315,470.30 $2,738,512.40 105% 2 G. Bortolotto & Co., Inc. $2,455,032.50 $362,257.10 $2,817,289.60 108% 3 O'Grady Paving, Inc. $2,595,964.60 $338,189.05 $2,934,153.65 112% Engineers Estimate $2,428,032.00 $186,415.35 $2,614,447.35 st2106 D Combined Bid Results 2021.06.24 7/6/2021 Page 1 of 1 City of South San Francisco DPW Engr Div CIP st2106 SSF Bid Results Interstate Grading & Paving, Inc G. Bortolotto & Co., Inc.O'Grady Paving, Inc. $2,423,042.10 $2,455,032.50 $2,595,964.60 Bid Item Description Unit of Measure Quantity Unit Cost Total Unit Cost Total Unit Cost Total 1 Mobilization and Demobilization LS 1 $80,000.00 $80,000.00 $55,000.00 $55,000.00 $50,000.00 $50,000.00 2 Clearing, Grubbing and Environmental Protection LS 1 $8,000.00 $8,000.00 $7,000.00 $7,000.00 $5,000.00 $5,000.00 3 Public Posting and Notification LS 1 $15,000.00 $15,000.00 $7,000.00 $7,000.00 $10,000.00 $10,000.00 4 Traffic Regulation and Construction Area Signs LS 1 $175,000.00 $175,000.00 $175,000.00 $175,000.00 $240,000.00 $240,000.00 5 Changeable Message Signs EA 6 $3,500.00 $21,000.00 $1,500.00 $9,000.00 $1,700.00 $10,200.00 6 Remove Thermoplastic Markings and Striping and Lane Markers LS 1 $4,000.00 $4,000.00 $3,000.00 $3,000.00 $3,500.00 $3,500.00 7 Remove and Replace Storm Drain Manhole Frame and Cover and Adjust to Grade EA 14 $1,600.00 $22,400.00 $1,000.00 $14,000.00 $1,200.00 $16,800.00 8 Remove and Replace Sanitary Sewer Manhole Frame and Cover and Adjust to Grade EA 23 $1,600.00 $36,800.00 $1,000.00 $23,000.00 $1,200.00 $27,600.00 9 Remove and Replace Survey Monument Frame and Cover and Adjust to Grade EA 1 $1,100.00 $1,100.00 $600.00 $600.00 $800.00 $800.00 10 Remove and Replace Catch Basin Inlet Frame and Grate and Adjust to Grade EA 2 $2,500.00 $5,000.00 $3,500.00 $7,000.00 $2,700.00 $5,400.00 11 Remove and Replace Sanitary Sewer Cleanout Frame and Cover and Adjust to Grade EA 1 $1,100.00 $1,100.00 $1,000.00 $1,000.00 $800.00 $800.00 12 Adjust Water Valve Box and Cover to Grade EA 26 $800.00 $20,800.00 $600.00 $15,600.00 $800.00 $20,800.00 13 Adjust Gas Valve Box and Cover to Grade EA 7 $800.00 $5,600.00 $600.00 $4,200.00 $800.00 $5,600.00 14 Adjust Telecommunications Manhole Frame and Cover to Grade (Revocable Item)EA 2 $1,000.00 $2,000.00 $1,000.00 $2,000.00 $1,500.00 $3,000.00 15 Adjust Storm Drain Box Cover to Grade EA 1 $850.00 $850.00 $1,000.00 $1,000.00 $800.00 $800.00 16 Remove & Replace Water Meter Frame and Cover and Adjust to Grade EA 7 $300.00 $2,100.00 $600.00 $4,200.00 $800.00 $5,600.00 17 Adjust Unknown Cover to Grade EA 2 $1,200.00 $2,400.00 $600.00 $1,200.00 $1,500.00 $3,000.00 18 Remove Existing 12-inch Storm Drain PVC Pipe LF 7 $65.00 $455.00 $150.00 $1,050.00 $90.00 $630.00 19 Remove Existing 12-Inch Storm Drain RCP Pipe LF 75 $65.00 $4,875.00 $125.00 $9,375.00 $70.00 $5,250.00 20 12-inch Storm Drain RCP Pipe by Open Trench LF 191 $227.00 $43,357.00 $400.00 $76,400.00 $400.00 $76,400.00 21 City Standard Type GO Curb Inlet EA 7 $4,600.00 $32,200.00 $6,660.00 $46,620.00 $7,000.00 $49,000.00 22 City Standard Storm Drain Manhole EA 2 $5,800.00 $11,600.00 $11,450.00 $22,900.00 $11,000.00 $22,000.00 23 Inductive Type A Traffic Loop Detectors EA 6 $700.00 $4,200.00 $1,200.00 $7,200.00 $800.00 $4,800.00 24 Inductive Type D Traffic Loop Detectors EA 2 $700.00 $1,400.00 $1,200.00 $2,400.00 $800.00 $1,600.00 25 Remove Concrete Sidewalk, C&G, and Base SF 1256 $10.00 $12,560.00 $4.00 $5,024.00 $3.20 $4,019.20 26 City Standard Concrete Curb and Gutter LF 415 $85.00 $35,275.00 $80.00 $33,200.00 $80.00 $33,200.00 2 31 st2106 D Combined Bid Results 2021.06.24 7/6/2021 Page 1 of 3 City of South San Francisco DPW Engr Div CIP st2106 SSF Bid Results Bid Item Description Unit of Measure Quantity Unit Cost Total Unit Cost Total Unit Cost Total 27 City Standard Concrete Valley Gutter SF 4320 $45.00 $194,400.00 $41.50 $179,280.00 $45.00 $194,400.00 28 City Standard Concrete Sidewalk SF 850 $20.00 $17,000.00 $15.00 $12,750.00 $14.00 $11,900.00 29 PCC Curb Ramp EA 72 $5,500.00 $396,000.00 $4,854.00 $349,488.00 $5,000.00 $360,000.00 30 Retrofit Detectable Warning Surface (5'x3')EA 20 $1,000.00 $20,000.00 $1,000.00 $20,000.00 $1,000.00 $20,000.00 31 Additional Minor Concrete for PCC Curb Ramps (Revocable Item)SF 2850 $15.00 $42,750.00 $14.50 $41,325.00 $15.00 $42,750.00 32 Permeable Pavers SF 181 $60.00 $10,860.00 $50.00 $9,050.00 $44.00 $7,964.00 33 Silva Cells (31"x2'x4') with Bioretention Soils SF 600 $60.00 $36,000.00 $80.00 $48,000.00 $80.00 $48,000.00 34 Remove and Replace Tree EA 4 $4,000.00 $16,000.00 $4,120.00 $16,480.00 $4,100.00 $16,400.00 35 Filterra Offline (FT06504) - Bioretention EA 1 $17,500.00 $17,500.00 $24,500.00 $24,500.00 $25,000.00 $25,000.00 36 Full Depth Base Repair (4-inch Depth)SF 25149 $5.00 $125,745.00 $6.00 $150,894.00 $7.30 $183,587.70 37 Full Depth Base Repair Subgrade Over-Excavation (Revocable Item)CY 116 $350.00 $40,600.00 $125.00 $14,500.00 $130.00 $15,080.00 38 Cold-Planning (Milling) Asphalt Concrete Pavement (2-inch Depth)SY 20614 $6.50 $133,991.00 $5.25 $108,223.50 $6.25 $128,837.50 39 Cold-Planning (Milling) Asphalt Concrete Pavement (2.5-Inch Depth)SY 2989 $8.00 $23,912.00 $6.00 $17,934.00 $7.80 $23,314.20 40 Cold-Planning (Milling) Asphalt Concrete Pavement (3-Inch Depth)SY 1161 $10.00 $11,610.00 $7.00 $8,127.00 $9.50 $11,029.50 41 Remove Surfacing and Base (2-Inch Depth)SY 1134 $8.00 $9,072.00 $15.00 $17,010.00 $10.00 $11,340.00 42 Remove Surfacing and Base (6-Inch Depth)SY 335 $23.00 $7,705.00 $40.00 $13,400.00 $30.00 $10,050.00 43 Subgrade Preperation SY 1469 $5.00 $7,345.00 $10.00 $14,690.00 $10.00 $14,690.00 44 Subgrade Over-Excavation (Revocable Item)CY 61 $100.00 $6,100.00 $200.00 $12,200.00 $130.00 $7,930.00 45 Crack Sealing LS 1 $25,000.00 $25,000.00 $28,500.00 $28,500.00 $30,000.00 $30,000.00 46 Hot-Mix Asphalt Leveling Course (1-Inch)TON 72 $220.00 $15,840.00 $155.00 $11,160.00 $280.00 $20,160.00 47 Hot Mix Asphalt Overlay (2.5-Inches)TON 282 $150.00 $42,300.00 $155.00 $43,710.00 $158.00 $44,556.00 48 Hot Mix Asphalt Overlay (6-Inches)TON 124 $150.00 $18,600.00 $155.00 $19,220.00 $190.00 $23,560.00 49 Hot Mix Asphalt Speed Hump SF 168 $25.00 $4,200.00 $50.00 $8,400.00 $40.00 $6,720.00 50 Rubberized Hot Mix Asphalt Overlay (2.0-Inches)TON 2835 $145.00 $411,075.00 $180.00 $510,300.00 $173.00 $490,455.00 51 Rubberized Hot Mix Asphalt Overlay (2.5-Inches)TON 180 $145.00 $26,100.00 $180.00 $32,400.00 $173.00 $31,140.00 52 Rubberized Chip Seal SY 13821 $6.30 $87,072.30 $6.00 $82,926.00 $6.50 $89,836.50 53 Polymer Modified Type II Slurry Seal SY 13821 $4.80 $66,340.80 $5.00 $69,105.00 $4.00 $55,284.00 54 Thermoplastic Traffic Stripe – Detail 21 LF 1692 $1.60 $2,707.20 $3.00 $5,076.00 $2.00 $3,384.00 55 Thermoplastic Limit Line LF 534 $5.50 $2,937.00 $6.00 $3,204.00 $6.00 $3,204.00 56 Thermoplastic Basic Crosswalk (White or Yellow)LF 409 $11.00 $4,499.00 $9.00 $3,681.00 $11.00 $4,499.00 57 Thermoplastic Ladder Crosswalk (White or Yellow)LF 65 $40.00 $2,600.00 $35.00 $2,275.00 $50.00 $3,250.00 58 Thermoplastic Pavement Markings (White or SF 1069 $5.20 $5,558.80 $5.00 $5,345.00 $6.00 $6,414.00 st2106 D Combined Bid Results 2021.06.24 7/6/2021 Page 2 of 3 City of South San Francisco DPW Engr Div CIP st2106 SSF Bid Results Bid Item Description Unit of Measure Quantity Unit Cost Total Unit Cost Total Unit Cost Total 59 Preformed Thermoplastic Sharrow (White on EA 37 $725.00 $26,825.00 $700.00 $25,900.00 $800.00 $29,600.00 60 Blue Fire Hydrant Pavement Marker EA 21 $25.00 $525.00 $20.00 $420.00 $30.00 $630.00 61 Install Sign and Post EA 38 $400.00 $15,200.00 $305.00 $11,590.00 $400.00 $15,200.00 Total $2,423,042.10 $2,455,032.50 $2,595,964.60 st2106 D Combined Bid Results 2021.06.24 7/6/2021 Page 3 of 3 City of South San Francisco DPW Engr Div CIP st2106 Brisbane Bid Results Interstate Grading & Paving, Inc G. Bortolotto & Co., Inc.O'Grady Paving, Inc. $315,470.30 $362,257.10 $338,189.05 Bid Item Description Unit of Measure Quantity Unit Cost Total Unit Cost Total Unit Cost Total 62 Mobilization and Demobilization LS 1 $31,000.00 $31,000.00 $20,000.00 $20,000.00 $10,000.00 $10,000.00 63 Clearing, Grubbing and Environmental Protection LS 1 $3,000.00 $3,000.00 $5,000.00 $5,000.00 $1,000.00 $1,000.00 64 Traffic Regulation and Construction Area Signs LS 1 $18,000.00 $18,000.00 $50,000.00 $50,000.00 $10,000.00 $10,000.00 65 Public Posting and Notification LS 1 $4,000.00 $4,000.00 $6,000.00 $6,000.00 $2,000.00 $2,000.00 66 Changeable Message Signs EA 2 $3,500.00 $7,000.00 $1,500.00 $3,000.00 $1,500.00 $3,000.00 67 Remove Thermoplastic Markings and Striping and Lane Markers LS 1 $10,000.00 $10,000.00 $18,583.00 $18,583.00 $9,000.00 $9,000.00 68 Rubberized Chip Seal SY 26720 $4.50 $120,240.00 $4.50 $120,240.00 $6.50 $173,680.00 69 Polymer Modified Type II Slurry Seal SY 26720 $3.80 $101,536.00 $3.90 $104,208.00 $4.00 $106,880.00 70 Thermoplastic Traffic Striping – Detail 22 (Dbl Yellow Centerline)LF 5482 $1.60 $8,771.20 $3.00 $16,446.00 $1.70 $9,319.40 71 Thermoplastic Traffic Striping – Detail 38 (Channelizing Line)LF 210 $1.00 $210.00 $3.00 $630.00 $2.00 $420.00 72 Thermoplastic Traffic Striping – Detail 39 (6” Bike Lane/Edge Line)LF 10837 $.80 $8,669.60 $1.30 $14,088.10 $.85 $9,211.45 73 Thermoplastic Traffic Striping – Detail 39A (6” Bike Lane Intersection Line)LF 94 $.75 $70.50 $3.00 $282.00 $.80 $75.20 74 Thermoplastic Traffic Striping – 12” Crosswalk/Limit Line (White)SF 177 $4.00 $708.00 $6.00 $1,062.00 $5.00 $885.00 75 Thermoplastic Pavement Markings (White or SF 453 $5.00 $2,265.00 $6.00 $2,718.00 $6.00 $2,718.00 Total $315,470.30 $362,257.10 $338,189.05 1 2 3 st2106 D Combined Bid Results 2021.06.24 7/6/2021 Page 1 of 1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-545 Agenda Date:7/14/2021 Version:1 Item #:4. Report regarding a resolution authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers program in South San Francisco and approving Budget Amendment 22.008 accepting up to $13,000 in reimbursement funding. (Adam Elsholz, Assistant Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers (BLIS)program in South San Francisco and approve Budget Amendment 22.008 accepting up to $13,000 in reimbursement funding. BACKGROUND/DISCUSSION The Big Lift is a bold social venture intent on transforming early learning.The venture combines high-quality and connected learning experiences for San Mateo County preschool to third grade students.This early learning transformation is focused on literacy,reducing chronic absence and summer learning loss,as well as engaging families and the broader community to support both home and school learning. BLIS is the portion of the program focused on maintaining academic progress through the summer break.This free,five-week,full day program,scheduled from June 14 -July 20,2021,includes reading,science and art STEAM projects,and learning-focused fun and games for children entering kindergarten,1st,2nd and 3rd grade. To support this important program,South San Francisco Public Library is providing one Site Coach for the Spruce Elementary School site.The Site Coach works with the principals,teachers and facilitators to implement a cutting-edge curriculum intended to ignite youth to have self-confidence,explore,be creative, problem solve,and develop a love of learning.The work of the Site Coach also includes pre-program training on curriculum, program logistics and coaching. FISCAL IMPACT Funds will be used to amend the Library Department’s current FY 2021-2022 Operating Budget per Budget Amendment 22.008. Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN This agreement supports the Strategic Plan initiative under Priority #3:Improving Quality of Life for South San Francisco residents by strengthening learning programs. CONCLUSION Approval of the agreement will enable Library staff to participate in the BLIS program,providing an opportunity for SSF children to maintain academic and social skills during the summer break.It is recommended that the City Council authorize an agreement between the San Mateo County Library and the City of South San Francisco Printed on 7/15/2021Page 1 of 2 powered by Legistar™ File #:21-545 Agenda Date:7/14/2021 Version:1 Item #:4. recommended that the City Council authorize an agreement between the San Mateo County Library and the South San Francisco Public Library and approve Budget Amendment 22.008 accepting up to $13,000 in reimbursement funding. City of South San Francisco Printed on 7/15/2021Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-546 Agenda Date:7/14/2021 Version:1 Item #:4a. Resolution authorizing an agreement between the San Mateo County Library and the South San Francisco Public Library to provide staffing for the Big Lift Inspiring Summers program in South San Francisco and approving Budget Amendment 22.008 accepting up to $13,000 in reimbursement funding. WHEREAS,the San Mateo County Library has awarded the South San Francisco Public Library a reimbursement grant in an amount up to $13,000 to support the Big Lift Inspiring Summers (BLIS)program; and WHEREAS,BLIS will provide early learning experiences focused on literacy,reducing chronic abuse,and summer learning loss for San Mateo County preschool to third grade students; and WHEREAS, funds will be used to provide one Site Coach for the BLIS site at Spruce Elementary School; and WHEREAS,the Site Coach works with principals,teachers and program facilitators to implement a curriculum focused on maintaining academic progress through the summer break; WHEREAS,staff recommends the acceptance of reimbursement grant funding in an amount up to $13,000 from the San Mateo County Library to provide staffing and support learning and enrichment activities such as S.T.E.A.M. programming, summer reading and literacy programming; and WHEREAS,the foregoing grant funds will be used to amend this year’s operating budget of the Library Department. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts up to $13,000 in reimbursement grant funding from the San Mateo County Library and amends the Library Department’s FY 2021-22 operating budget through Budget Amendment 22.008 in order to reflect an increase of $13,000. ***** City of South San Francisco Printed on 7/15/2021Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-554 Agenda Date:7/14/2021 Version:1 Item #:5. Report regarding a resolution authorizing the acceptance of $4,435 in funding from San Mateo County Registration and Elections Division to support a 30-Day Vote Center at the Main Library for the September 14, 2021 Gubernatorial Recall Election and approving Budget Amendment 22.009.(Valerie Sommer,Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $4,435 in funding from San Mateo County Registration and Elections Division (SMCo Elections)to support a 30- Day Vote Center at the Main Library for the September 14,2021 Gubernatorial Recall Election and approving Budget Amendment 22.009. BACKGROUND/DISCUSSION From August 16,2021 through September 14,2021,South San Francisco Main Library will serve as a Vote Center for the upcoming September 14,2021 Gubernatorial Recall Election.Although San Mateo County has gone to an all-mailed ballot election,Vote Centers are still needed to assist those residents with ballot issues or to complete the voting process.Traditional polling places have been replaced by Vote Centers,which are open for voting for an extended period,and which offer expanded voter services,including voter registration, multilingual assistance,and disabled access voting options.This will be the sixth election for which the Library,partnering with the City Clerk,has provided Vote Center services.Establishment of accessible Vote Centers is an important factor in securing successful voter turnout.Funding will support library staff scheduled on site around regular library hours and Peninsula Library System Network setup costs. FISCAL IMPACT Funds received from SMCo Elections will be used to amend the Library Department’s current FY 2021-2022 Operating Budget per Budget Amendment 22.009.Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this funding will contribute to the City’s Strategic Plan under Priority #6:Community Connections, by providing a local vote site as a convenient option to the mail-in ballot. CONCLUSION Receipt of these funds will support the 30-Day Early Vote Center at the Main Library for the September 14, 2021 Gubernatorial Recall Election.It is recommended that the City Council accept $4,435 in funding from SMCo for this purpose. City of South San Francisco Printed on 7/15/2021Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-555 Agenda Date:7/14/2021 Version:1 Item #:5a. Resolution authorizing the acceptance of $4,435 in funding from San Mateo County Registration and Elections Division to support a 30-Day Vote Center at the Main Library for the September 14,2021 Gubernatorial Recall Election and approving Budget Amendment 22.009. WHEREAS,the City of South San Francisco (“City”)Library Department’s Five Year Strategic Plan includes a goal of creating community connections; and WHEREAS,the South San Francisco Main Library will serve as a 30-Day Early Vote Center for the upcoming September 14, 2021 Gubernatorial Recall Election; and WHEREAS,the San Mateo County Registration and Elections Division has awarded the City $4,435 in funding to support the 30-Day Early Vote Center at the South San Francisco Main Library; and WHEREAS,the Vote Center will be available to assist residents with ballot issues and will provide expanded voter services, including voter registration, multilingual assistance, and disabled access to voting options; and WHEREAS,this will be the sixth election for which the Library,partnered with the City Clerk,has provided early voter services to help encourage a successful voter turnout; and WHEREAS,Library staff recommends to accept funding in the amount of $4,435 from the San Mateo County Registration and Elections Division to support a 30-Day Early Vote Center; and WHEREAS,funds will be used to amend Fiscal Year (FY)2021-2022 Operating Budget of the Library Department via Budget Amendment 22.009. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby accept $4,435 in funding from the San Mateo County Registration and Elections Division and approve Budget Amendment 22.009 to amend the Library Department’s FY 2021-2022 Operating Budget in order to reflect an increase of $4,435. ***** City of South San Francisco Printed on 7/15/2021Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-540 Agenda Date:7/14/2021 Version:1 Item #:6. Report regarding a resolution approving Budget Amendment 22.006 appropriating $100,000 in the Public Works Department operating budget for Fiscal Year 2021-22 for the Free South City Shuttle Outreach Enhancements Project.(Marissa Garren, Department of Public Works) RECOMMENDATION Staff recommends the City Council adopt a resolution approving budget amendment 22.006 appropriating $100,000 in the Public Works Department operating budget for Fiscal Year 2021-22 for the Free South City Shuttle Outreach Enhancements Project. BACKGROUND/DISCUSSION The City of South San Francisco applied for the City/County Association Governments of San Mateo County (C/CAG)Lifeline Transportation Program Cycle 6 in March 2021 for funding towards marketing enhancements of the Free South City Shuttle Program.On April 8,2021,C/CAG’s Board of Directors approved $100,000 for the Free South City Shuttle Outreach Enhancements Project.Pursuant to a proposed Memorandum of Understanding (Attachment 1),the San Mateo County Transit District (SMCTD)is obligated to contribute 80 percent of the total project expenditures up to $80,000.The City will contribute $20,000 from the City’s Measure A funds.Project expenses will be submitted to C/CAG on a quarterly basis along with a progress report of the project and supporting documentation of the reported expenses,which will then be submitted to the Transit District for processing of the reimbursement. This project expands current promotion of the Free South City Shuttle,including increased multilingual outreach to city residents and a video or commercial of the program.The goal being increased ridership of the existing shuttle’s service;thereby positioning the City for future funding opportunities to improve existing services and expand the program to additional neighborhoods. FISCAL IMPACT The projected not-to-exceed cost for the Free South City Shuttle Outreach Enhancements Project for fiscal year 2021-22 is estimated to be $100,000.San Mateo County District funds will cover up to $80,000 and the proposed City match is $20,000 from the City’s local Measure A fund. RELATIONSHIP TO STRATEGIC PLAN The Free South City Shuttle Program supports Priority Area 2:Quality of Life of the South San Francisco Strategic Plan by providing access to multi-modal transportation options. CONCLUSION Staff recommends City Council adopt a resolution approving Budget Amendment 22.006 appropriating $100,000 in the Public Works operating budget in Fiscal Year 2021-22 for the Free South City Shuttle Outreach Enhancements Project. Attachment: City of South San Francisco Printed on 7/15/2021Page 1 of 2 powered by Legistar™ File #:21-540 Agenda Date:7/14/2021 Version:1 Item #:6. 1)Memorandum of Understanding - SMCTD & City of South San Francisco City of South San Francisco Printed on 7/15/2021Page 2 of 2 powered by Legistar™ 1 MEMORANDUM OF UNDERSTANDING Between SAN MATEO COUNTY TRANSIT DISTRICT And THE CITY OF SOUTH SAN FRANCISCO This Memorandum of Understanding ("MOU"), effective June 3, 2021 is entered into by and between the San Mateo County Transit District ("DISTRICT") and the City of South San Francisco ("RECIPIENT"). WHEREAS, the Lifeline Transportation Program ("LTP") was established by the Metropolitan Transportation Commission ("MTC") to fund operating and capital projects that result in improved mobility for low‐income residents in the San Francisco Bay Area and the City/County Association of Governments of San Mateo ("C/CAG") is responsible for the administration of the LTP in San Mateo County, and WHEREAS, the RECIPIENT applied to C/CAG for funding under the LTP for the Free South City Shuttle Outreach Enhancements Project ("PROJECT"); and WHEREAS, C/CAG has awarded $80,000 in LTP funds to the RECIPIENT through the use of State Transit Assistance (''STA") funds for the PROJECT; and WHEREAS, C/CAG has requested that the DISTRICT, as the only eligible recipient of STA funds in San Mateo County, file claims on behalf of the RECIPIENT to allow for the implementation of the PROJECT; and WHEREAS, the DISTRICT will retain $6,000 of the $80,000 of LTP grant funding in compensation for DISTRICT administrative costs; and WHEREAS, the RECIPIENT has secured and will provide in full the local match for the PROJECT as stated in its application, which is included in Appendix A and is incorporated in this MOU by reference; and WHEREAS, the DISTRICT and the RECIPIENT desire to enter into the following formal contract pursuant to the aforementioned funding for implementation of said PROJECT. NOW, THEREFORE, BE IT RESOLVED that the DISTRICT and the RECIPIENT agree to the following: 2 I. PURPOSE The purpose of this MOU is to memorialize the understanding between the DISTRICT and the RECIPIENT pursuant to which the DISTRICT passes‐through STA funds to the RECIPIENT specifically intended for the implementation of the PROJECT. The funds the DISTRICT passes‐ through to the RECIPIENT for the foregoing purpose is specifically contingent upon the DISTRICT's receipt of the STA funds. The DISTRICT will serve as the recipient and pass‐through agent of the STA funds and the RECIPIENT will serve as the project manager for the PROJECT and be responsible for ensuring that the PROJECT is coordinated with the DISTRICT and any other applicable project partner. The RECIPIENT will also be responsible for obtaining any required approvals from the District as contained in the District's concurrence letter for the PROJECT attached in Appendix B. II. COMPLIANCE A. The RECIPIENT shall comply with the provisions of the California Code of Regulations, Title 21, Division 3 California State Transportation Agency Subchapter 2.5, State Transit Assistance Program. The RECIPIENT shall also comply with the provisions of Subchapter 2 Transportation Development (commencing with Section 6600), except for Article 3 (commencing with Section 6620) and those other provisions that are, by their terms, applicable only to local transportation funds or are superseded by the provisions of Subchapter 2.5, State Transit Assistance Program. B. The RECIPIENT shall comply with any and all laws, statutes, ordinances, rules, regulations, or requirements of the federal, state, or local government, and any agency thereof, which relate to or in any manner affect the performance of this MOU. C. Those requirements imposed upon the DISTRICT as the PROJECT "Sponsor" are hereby imposed upon the RECIPIENT and RECIPIENT shall comply with all such requirements. III. SCOPE OF WORK A. The RECIPIENT shall perform the PROJECT in accordance with the grant application, which is attached in Appendix A to this MOU. B. The RECIPIENT shall comply with any and all reporting required by the DISTRICT and/or C/CAG. Copies of all reports and notices will be forwarded to the DISTRICT no later than 15 days prior to the due dates. IV. FINANCIAL A. The DISTRICT has no obligation to provide funds in excess of the $80,000 amount awarded to the RECIPIENT from the LTP, unless there is approval of additional grant funding for the 3 PROJECT and both parties execute a written amendment to this MOU to reflect any additional funding. B. The DISTRICT agrees to provide DISTRICT Sales Tax funds equal to the amount of LTP STA funds allocated for implementation of the PROJECT to the RECIPIENT on a reimbursement basis. C. The DISTRICT shall retain $6,000 of the $80,000 of LTP grant funding in compensation for DISTRICT administrative costs. This amount shall be included as an eligible program expense on the RECIPIENT’s first invoice. D. The DISTRICT shall not be required to provide funds to the RECIPIENT until after the LTP STA funds are received by the DISTRICT. E. The DISTRICT agrees to make payments to the RECIPIENT on a quarterly basis in arrears of the RECIPIENT's incurring of expenses related to the PROJECT. 1. The RECIPIENT shall submit quarterly invoices to the LTP Program Administrator at C/CAG within thirty (30) days after the end of each quarter for which payment is sought covering costs for PROJECT activities accomplished through the end of such quarter, not covered by previously submitted invoices. 2. Each quarterly invoice for these payments shall be supported by the following information: a brief narrative progress report, the total costs expended for the PROJECT during the preceding quarter, the dollar amount of funds requested for reimbursement, the total costs expended for the PROJECT to date, the total amount paid by the DISTRICT under this MOU to date, copies of invoices and other expense records justifying the request for reimbursement, and any additional supporting data required by the DISTRICT and/or C/CAG. The amount of funds requested for reimbursement in each quarterly invoice shall not exceed the proportion of LTP funds to the total cost of the PROJECT. 3. Following review and approval of the RECIPIENT's invoice by C/CAG's LTP Program Administrator, the invoice will be forwarded by C/CAG to the DISTRICT for payment. 4. Payment shall be made to the RECIPIENT by the DISTRICT within thirty (30) days following receipt of an approved invoice from C/CAG. F. Auditing: The RECIPIENT agrees to grant the DISTRICT, the State of California, C/CAG, and/or their authorized representatives access to the RECIPIENT's books and records for the purpose of verifying that funds are properly accounted for and proceeds are expended in accordance with the terms of this agreement. All documents shall be available for inspection at any time while the PROJECT is underway and for the retention period specified in below Section IV.H. G. If, as a result of any audit, it is determined that reimbursement of any costs was in excess of that represented as a basis for payment, RECIPIENT agrees to reimburse the DISTRICT for those costs within 60 days of written notification by the DISTRICT. The RECIPIENT will also 4 be responsible for any other costs resulting from such overpayment, as specified below in Section IV.J. H. The RECIPIENT will be solely responsible for maintaining all applicable records for a minimum of three (3) years following final payment to the RECIPIENT or four (4) years following the fiscal year of the last expenditure under this MOU, whichever is longer, in accordance with generally accepted accounting principles. For capital assets, applicable records shall be maintained for three years from the date of the asset's disposition, replacement, or transfer. Copies of the RECIPIENT's audits, if any, performed during the course of the PROJECT and at PROJECT completion shall be forwarded to the DISTRICT no later than one hundred eighty (180) days after the close of the fiscal year. I. The RECIPIENT agrees to use funds received pursuant to this MOU only for the PROJECT. J. In the event the RECIPIENT fails to comply with the terms and conditions of this MOU or any requirements of the LTP, STA, and/or C/CAG, the RECIPIENT shall be wholly responsible for any consequences associated with non‐compliance, including but not limited to, repayment of funds, including any penalties and/or interest on the funds. V. AMENDMENT This MOU can be amended, modified, or supplemented only in writing signed by both parties. VI. NOTICES A. All notices and communications deemed by either party to be necessary or desirable shall be in writing and may be given by personal delivery to a representative of the parties or by mailing the same postage prepaid, addressed as follows: If to the DISTRICT: San Mateo County Transit District Attn: Chief Officer, Planning, Grants and Transportation Authority 1250 San Carlos Avenue San Carlos, CA 94070‐1306 If to the RECIPIENT: City of South San Francisco Attn: Christina Fernandez and Marissa Garren 400 Grand Avenue South San Francisco, CA 94080 5 B. The address to which mailings may be made may be changed from time to time by notice mailed as described above. Any notice given by mail shall be deemed given on the day after that on which it is deposited in the United States Mail as provided above. VII. ASSIGNMENT AND TRANSFER Neither party shall assign, transfer, or otherwise substitute its interest in this MOU, nor its obligations, without the prior written consent of the other party. VIII. DISPUTE RESOLUTION The parties agree that any dispute arising from this MOU that is not resolved within 30 days by the parties' representatives responsible for the administration of this MOU will be set forth in writing to the attention of the DISTRICT's Chief Officer, Planning, Grants and the Transportation Authority and the RECIPIENT's Traffic Engineer for resolution. In the event resolution cannot be reached, the parties may submit the dispute to mediation by a neutral party mutually agreed to by the parties hereto prior to initiating any formal action in court. IX. TERMINATION Either party may terminate this MOU without cause upon thirty (30) days prior written notice. If the DISTRICT terminates this MOU without cause, the RECIPIENT will be entitled to payment for costs incurred up through the effective date of termination up to the maximum amount payable for the quarter in which the MOU is terminated. X. INDEMNIFICATION A. With the exception of claims arising from the District's sole negligence or wrongful conduct, the RECIPIENT shall defend, indemnify, and hold harmless the DISTRICT, its officers, directors, representatives, agents and employees from and against all claims, injury, suits, demands, liability, losses, damages and expenses, whether direct or indirect (including any and all costs and expenses in connection therewith), incurred by reason of any negligent or otherwise wrongful act or failure to act of the RECIPIENT, its officers, directors, employees, agents, or contractors or any of them in connection with this MOU or RECIPIENT's administration of the PROJECT. In the event of early termination, the RECIPIENT shall also defend, indemnify, and hold harmless the DISTRICT, its officers, directors, representatives, agents and employees from and against all claims, suits, or demands from the State of California for reimbursement of STA funds attributable to PROJECT costs incurred subsequent to termination. B. This indemnification shall survive termination or expiration of this MOU. 6 XI. Term A. This MOU shall remain in effect until June 30, 2023. It is understood by the parties that upon termination of the PROJECT or this MOU, the provisions of Section IV, Section X and Appendices A and B shall remain in full force and effect until all applicable grant obligations have been satisfied. IN WITNESS WHEREOF, the parties have executed this MOU on the dates set forth below. City of South San Francisco San Mateo County Transit District By:_______________________ By: __________________________ Carter Mau Acting General Manager/CEO Date:__________________ Date:_________________________ Approved as to Form: ______________________________ Joan Cassman Date:__________________________ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-541 Agenda Date:7/14/2021 Version:1 Item #:6a. Resolution approving Budget Amendment 22.006 appropriating $100,000 in the Public Works Department operating budget for Fiscal Year 2021-22 for the Free South City Shuttle Outreach Enhancements Project. WHEREAS,the Free South City Shuttle is a key public transportation option that provides essential, free,and safe service to the South San Francisco community,connecting riders to regional transit and local activity centers,such as the downtown,recreation buildings,senior centers,schools,libraries,Kaiser Hospital, and the El Camino Real corridor; and WHEREAS,the City of South San Francisco submitted a funding application in March 2021 in response to the City/County Association Governments of San Mateo County (C/CAG)Lifeline Transportation Program Cycle 6 Call for Projects; and WHEREAS,on April 8,2021,C/CAG’s Board of Directors approved $100,000 for the Free South City Shuttle Outreach Enhancements Project for fiscal year 2021-22; and WHEREAS,the San Mateo County Transit District is obligated to contribute 80%of the total project expenditures and the City of South San Francisco will contribute the remaining 20%match in the for the Project; and WHEREAS,the projected not-to-exceed cost for the shuttle for the Free South City Shuttle Outreach Enhancements Project for fiscal year 2021-22 is estimated to be $100,000.San Mateo County District funds would fund up to 80 percent,whereas the proposed city match is the remaining 20 percent funded by the City’s local Measure A fund; and WHEREAS,staff recommends the approval of Budget Amendment 22.006 appropriating $100,000 in the Public Works Department operating budget for fiscal year 2021-22 for the Free South City Shuttle Outreach Enhancements Project. NOW,THEREFORE,BE IT RESOLVED that the City Council of the City of South San Francisco does hereby approve Budget Amendment 22.006 appropriating $100,000 in the Public Works Department operating budget for fiscal year 2021-22 for the Free South City Shuttle Outreach Enhancements Project. ***** City of South San Francisco Printed on 7/15/2021Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-556 Agenda Date:7/14/2021 Version:1 Item #:7. Report regarding a resolution authorizing the acceptance of $2,000 in grant funding from the California State Library to support Lunch at the Library Pop-up Programming for youth during Summer 2021 and approving Budget Amendment 22.010. (Adam Elsholz, Assistant Library Director) RECOMMENDATION It is recommended that the City Council adopt a resolution authorizing the acceptance of $2,000 in grant funding from the California State Library to support Lunch at the Library Pop-up Programming for youth during summer 2021 and approving Budget Amendment 22.010. BACKGROUND/DISCUSSION The California State Library supports learning enrichment activities such as Science,Technology,Engineering, the Arts and Mathematics (STEAM)programming,early literacy initiatives and summer reading programming. South San Francisco Public Library has been awarded $2,000 to support Lunch at the Library Pop-up Programming during summer 2021.The Library will use these funds to enhance student learning experiences over the summer,focusing on the students of the Big Lift Inspiring Summer camps,offering a series of virtual learning programs that complement their science-based curriculum.Library staff is currently exploring program ideas,and anticipate the always-popular Python Ron’s Reptile Kingdom Virtual Reptile Show will be a featured offering. FISCAL IMPACT Grant funds will be used to amend the Library Department’s current FY 2021-22 Operating Budget per Budget Amendment 22.010. Receipt of these funds does not commit the City to ongoing funding. RELATIONSHIP TO STRATEGIC PLAN This project supports the City’s Strategic Plan initiative under Priority #3:Improving Quality of Life for South San Francisco residents by strengthening learning programs. CONCLUSION Receipt of these funds will support Library learning programs for youth during summer 2021.It is recommended that the City Council accept $2,000 in grant funding and approve Budget Amendment 22.010. City of South San Francisco Printed on 7/15/2021Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-557 Agenda Date:7/14/2021 Version:1 Item #:7a. Resolution authorizing the acceptance of $2,000 in grant funding from the California State Library to support Lunch at the Library Pop-up Programming for youth during summer 2021 and approving Budget Amendment 22.010. WHEREAS,the Library Department’s Five Year Strategic Plan includes a goal of strengthening learning programs; and WHEREAS,the California State Library supports learning and enrichment activities such as Science, Technology,Engineering,the Arts and Mathematics (STEAM)programs,early literacy initiatives,and summer reading and literacy programming; and WHEREAS,the Library Department has been awarded $2,000 to support Pop-up Library Programming to enhance Big Lift Inspiring Summer (BLIS) camps with library programming; and WHEREAS,the $2,000 grant will be used to enhance student learning experiences over the summer offering a series of virtual learning programs that complement the BLIS science-based curriculum; and WHEREAS,staff recommends the acceptance of grant funding in the amount of $2,000 from the California State Library; and WHEREAS,the foregoing grant funds will be used to amend this year’s operating budget of the Library Department. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby accepts $2,000 in grant funding from the California State Library,and amends the Library Department’s FY 2021-22 operating budget through Budget Amendment 22.010 in order to reflect an increase of $2,000. ***** City of South San Francisco Printed on 7/15/2021Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-536 Agenda Date:7/14/2021 Version:1 Item #:8. Report regarding a resolution determining the continued existence of an emergency and the need to continue emergency repairs in response to the Sign Hill Diamond Fire.(Greg Mediati,Deputy Director of Parks and Recreation) RECOMMENDATION It is recommended that the City Council adopt a resolution determining the continued existence of an emergency and the need to continue emergency repairs in response to the Sign Hill Diamond Fire. On October 16,2020 at 11:54 a.m.,a fire ignited on Sign Hill originating on the western section of the iconic letters.This was the third day of a regional Red Flag Warning with elevated temperatures,reduced humidity, and a steady easterly wind.The wind pushed the fire quickly to the west across the southern face of the hill through the grasses before spreading into the nearby tree groves.The incident commander realized the fire would grow quickly and structures would be threatened.Additional resources were immediately called to the scene to assist. In total,five alarms of fire apparatus from South San Francisco and nearby agencies responded to the emergency.Additionally,an agreement with California Forestry and Fire Department (CalFire)was utilized and provided the City with their associated aircraft,hand crews and wildland firefighting equipment for the incident.The fire burned for nearly three hours before being declared under control.Fire crews remained on site for over two days to ensure all hot spots were extinguished and embers would not reignite.Fortunately,the fire was kept to 16 acres and only caused minor property damage to three homes on Mountain Road,and no one was injured,thanks to the fuel load reduction and fire break work completed in recent years and the fire fighters’ great efforts. Immediately after the fire,the City Manager’s Office,Parks and Recreation Department,Fire Department and Public Works/Engineering Department staff met to discuss next steps to prepare the hill for the winter months. On October 22,2020,City Parks and Recreation staff completed a walkthrough and prepared an assessment of the state of the Sign Hill environment and trails to evaluate the scale of fire damage.Based on staff’s assessment,two phases of work were established -short term work to winterize the hill,remove hazards,and make it safe to reopen,and longer term work to expand on the ongoing fuel load reduction and maintain firebreaks on Sign Hill. Due to the emergent nature of the short term work to prepare Sign Hill for wet weather,and potential debris flows,falling trees,or the potential for future fire due to the buildup of fuel in the form of dead trees and brush, it was determined an emergency declaration was needed to expedite the work. At the November 24,2020 Regular City Council Meeting,the City Council adopted a resolution determining the existence of an emergency as a result of the Diamond Fire,and authorized emergency repairs.These repairs largely include the removal of more than 1,500 trees directly impacted by the Diamond Fire for a contract total not to exceed $900,000.Additionally,the City executed a contract with Acacia Environmental Construction to City of South San Francisco Printed on 7/15/2021Page 1 of 3 powered by Legistar™ File #:21-536 Agenda Date:7/14/2021 Version:1 Item #:8. not to exceed $900,000.Additionally,the City executed a contract with Acacia Environmental Construction to perform immediate slope stabilization and erosion mitigation work on newly exposed and vulnerable sloped areas for a contract total not to exceed $110,559. For historical context,it should be noted that on September 12,2018,the City Council adopted a resolution delegating authority to the City Manager to order any emergency action and enter into necessary contracts pursuant to the provisions and restrictions of Public Contract Code Section 22050. Tree Removals Davey Tree Experts began their work on December 3,2020 focusing on the area near the Ridge Trail known as Seubert Grove.At the time of drafting this report,this portion of the work is largely complete.The next phase of work has begun and is focused on clearing the Iris Trail and Letters Trail of any hazardous trees.In each of these areas,the trees being removed are largely being chipped on site to help with slope stabilization or are safely stockpiled for use in restoration efforts on the hill.Some tree trunks of twelve inches or greater in diameter may be left on the ground perpendicular to the slope of the hill.The smaller brush is being removed so as not to serve as potential fuel for the next fire season.This work is in accordance with CalFire forestry guidance. The Seubert,Eucalyptus,and Ridge Trails have been cleared of hazardous trees within falling proximity to the trails and were opened to the public starting on February 23,2021.At this time the Iris Trail and Letters Trail remain closed as hazardous trees are still present near parts of these trails.Parks staff anticipates these trails to open in the next few weeks.When these areas are made safe,the Parks Division will re-open these two trails and tree work will shift focus to trees adjacent to residences on the hill in a preventative effort to abate the impacted and hazardous trees for the dry season in 2021.The status of the trails on Sign Hill will be regularly updated on the City’s webpage under the Sign Hill link for residents to access closure information. Tree work is expected to continue through much of 2021.The month of March marked the beginning of bird nesting season,and Parks staff have gone out to bid and have finalized a contract with Wood PLC,a biologist consultant to survey for nesting birds.Performing bird nest surveys will allow for work to continue through the nesting season.Wood PLC has conducted preliminary surveys on the week of April 19,2021 and are performing subsequent surveys every fourteen days through August 2021,the end of nesting season.Some nesting raptor species were found and these nests will be left undisturbed till after the nesting season.Wood PLC is working directly with Davey Tree,while coordinating with City staff to guide work appropriately. Surveying for bird nests during the tree work is required by the Migratory Bird Act which provides protections to bird habitat.Staff has found it necessary to continue work through the nesting season in order to open all trails to the public within a reasonable timeframe,and to reduce the fuel load that still exists on the hill as much as possible prior to the next fire season. Erosion Control Acacia Environmental Construction was contracted to perform the erosion control efforts on December 11, 2020.Staff met with Acacia’s project team on December 14 to discuss the project’s priorities and phases of work.Erosion control work began on December 28,2020,and consists of installation of check dams in drainage areas and culverts,fiber waddle installation on steep slopes,and hydro-seeding barren areas of the hill with a native seed blend,which in addition to the slope stabilization efforts will help re-establish the hill’s native grassland ecosystem.Additionally,tree stumps and root mass from felled trees are left in place to help City of South San Francisco Printed on 7/15/2021Page 2 of 3 powered by Legistar™ File #:21-536 Agenda Date:7/14/2021 Version:1 Item #:8. with slope stabilization. Mulch from removed trees was also spread to lessen rain impacts. Acacia Environmental Construction completed the erosion control work in early February 2021.The hydro- seeding that was installed is already sprouting and beginning to take root as intended,providing crucial stabilization of hillsides and future native habitat for native species. Emergency Continuation Continuation of this emergency is necessary to continue the aforementioned work in response to the Diamond Fire and safely re-open the park as soon as possible.Terminating the work now would leave hundreds of hazardous trees in immediate proximity to paths of travel. As required by Public Contract Code section 22050(c)(1),this emergency tree removal and erosion control project will continue to be placed back on future regular City Council meeting agendas for the Council to review this emergency action and determine whether there is a need to continue the action,until such emergency repairs have been completed and the project terminated.Section 22050 requires the City Council determine the continuance of the emergency by a four-fifths vote.Adoption of the associated resolution authorizes the continuance of the emergency repair work to address the response to the Diamond Fire and related repairs. FISCAL IMPACT Work for the immediate tree work and erosion control measures is estimated to be $1,010,559,though subsequent work is needed to rehabilitate trails and park amenities,and for habitat restoration.Cost estimates for that work are to be determined once tree work is complete.Bird nest surveying for the year of 2021 is a total of $18,988. Currently, funding exists outside of the general fund for this project. RELATIONSHIP TO STRATEGIC PLAN This project will contribute to the City’s Strategic Plan under Priority #2 by helping to create sustainable parks and open space areas, and under Priority #4 by enhancing public safety on and around Sign Hill. CONCLUSION Approving the resolution and adopting the findings will authorize the continuation of emergency repair work to address the hazardous conditions as a result of the Diamond Fire on Sign Hill.Staff recommends that the City Council determines that the emergency continues to exist and the emergency action,undertaken pursuant to the City Manager’s delegated authority, remains necessary. City of South San Francisco Printed on 7/15/2021Page 3 of 3 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-538 Agenda Date:7/14/2021 Version:1 Item #:8a. Resolution determining the continued existence of an emergency and authorizing procurement for emergency remediation work relating to fire damage on Sign Hill in South San Francisco. WHEREAS,on September 12,2018,the City Council adopted a resolution delegating authority to the City Manager to order any emergency action and enter into necessary contracts pursuant to the provisions and restrictions of California Public Contract Code Section 22050; and WHEREAS,on October 16,2020,a multi-alarm grass fire broke out on the western section of the iconic letters at Sign Hill in South San Francisco,where multiple recreational trails are located and frequently used by the public; and WHEREAS,the wind pushed the fire quickly to the west across the southern face of the hill through the grasses and spread into the nearby tree groves,killing hundreds of trees which now pose a public safety hazard; and WHEREAS,the fire burned over 16 acres of land and damaged a significant number of trees and trails; and WHEREAS,although the fire has been contained,the damaged trees have since become a falling hazard and trails remain severely damaged or destroyed,creating an extremely dangerous condition for the public and rendering the Sign Hill trails unsafe for trail users, and also required them to be closed to the public; and WHEREAS,at the November 24,2020 Regular City Council Meeting,the City Council adopted a resolution determining the existence of an emergency as a result of the Diamond Fire,and authorized emergency repairs including removal of more than 1,500 trees directly impacted by the wildfire; and WHEREAS,in order to remediate such dangerous conditions,City staff retained consultants and contractors to assess the scope of the damage,recommend corrective action,and undertake or contract for a substantial amount of tree removal and trail repair/remediation work in order to restore the trails and other features of Sign Hill to a safe condition as quickly as possible,and to subsequently re-open them to the public; and WHEREAS,pursuant to the aforementioned delegated authority,the City solicited for and executed a contract with Davey Tree Expert Company,for the emergency removal of more than 1,500 damaged or hazardous trees for a contract total not to exceed $900,000; and WHEREAS,in December 2020,the City solicited for and executed a contract with Acacia Environmental Construction,for the emergency mitigation of potential erosion hazards within fire damaged City of South San Francisco Printed on 7/15/2021Page 1 of 3 powered by Legistar™ File #:21-538 Agenda Date:7/14/2021 Version:1 Item #:8a. areas on Sign Hill; and WHEREAS,the dead trees remain in a precarious and dangerous condition for the public and additional emergency mitigation work is still needed to eliminate the dangerous conditions. FINDINGS WHEREAS, the City Council of the City of South San Francisco hereby finds as follows: A.The above recitals are true and correct and incorporated herein by this reference. B.Pursuant to California Public Contract Code Section 20168,public interest and necessity demand the immediate commencement of the above-described work at Sign Hill in South San Francisco and the expenditure of public money for such work to safeguard life, health and property. C.Pursuant to California Public Contract Code Section 22050 and the authority delegated by the City Council on September 12,2018,and based on substantial evidence presented by the circumstances of the Sign Hill fire and City staff’s assessments,including but not limited to those from the City’s Fire,Police, and Parks &Recreation Departments,the staff report prepared concerning this resolution,and as set forth in this resolution,the City Manager would continue to be authorized to order emergency tree removal,trail repair and related work for the hazardous and threatening conditions at Sign Hill in South San Francisco. D.Terminating the above-described emergency work and let the remaining work at Sign Hill to competitive bidding would jeopardize public health,safety and welfare;risk additional damage to public and private property;and result in the public incurring additional expense,including,but not limited to, additional expense due to delay and further damage,due to the dangerous conditions of the falling trees and damage to trails and other features of the Sign Hill area and such work is necessary to respond to the emergency conditions at Sign Hill.Therefore,it remains that competitive bidding of such work would not produce an advantage for the public. E.Based on evidence presented in the record,the above-described emergency work continues to be statutorily exempt from the requirements of the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15269, subparagraphs (b) and (c). NOW,THEREFORE,the City Council of the City of South San Francisco hereby does resolve,by at least a four-fifths vote, as follows: 1.The above recitals and findings are true and correct and hereby declared to be findings of the City Council of the City of South San Francisco. 2.The emergency conditions at Sign Hill in South San Francisco continue to exist and threaten public health,welfare and safety;thus,emergency repair work continues to be necessary to address the hazardous and threatening conditions of the falling trees and destructed trail improvements.The emergency work described in this resolution continues to be exempt from California Public Contract Code competitive bidding requirements pursuant to California Public Contract Code Sections 20168 and 22050. 3.The City Council continues to authorize City staff to procure contracts for the emergency work City of South San Francisco Printed on 7/15/2021Page 2 of 3 powered by Legistar™ File #:21-538 Agenda Date:7/14/2021 Version:1 Item #:8a. 3.The City Council continues to authorize City staff to procure contracts for the emergency work described in this resolution and the City Manager to execute such contracts on behalf of the City, as approved to form by the City Attorney,and to take any other related action necessary to further the intent of this Resolution. 4.City staff is directed,in accordance with California Public Contract Code Section 22050(c)(1), to place on future regular agendas of the City Council an item concerning the emergency work authorized pursuant to this resolution so that the City Council may determine,by at least a four- fifths vote,whether there is a need to continue the emergency work described above or whether such work may be terminated. 5.This resolution shall become effective immediately. 6.Each portion of this resolution is severable.Should any portion of this resolution be adjudged to be invalid and unenforceable by a body of competent jurisdiction,then the remaining resolution portions shall be and continue in full force and effect,except as to those resolution portions that have been adjudged invalid.The City Council hereby declares that it would have adopted this resolution and each section,subsection,clause,sentence,phrase and other portion thereof, irrespective of the fact that one or more section,subsection,clause sentence,phrase or other portion may be held invalid or unconstitutional. ***** City of South San Francisco Printed on 7/15/2021Page 3 of 3 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-532 Agenda Date:7/14/2021 Version:1 Item #:9. Report regarding adoption of a resolution accepting a grant from the San Francisco Bay Restoration Authority in an amount up to $595,000 for planning studies and community engagement of the Colma Creek Restoration and Adaptation Project and approving a grant agreement,and adoption of a resolution approving a consultant services agreement with Hassell Group and approving budget amendment number 22.007,.(Christina Fernandez, Assistant to the City Manager and Tony Rozzi, Chief Planner) RECOMMENDATION It is recommended that the City Council: (1)Adopt a resolution accepting a grant from the San Francisco Bay Restoration Authority in an amount up to $595,000 for planning studies and community engagement of the Colma Creek Restoration and Adaptation Project and approving a grant agreement; and (2)Adopt a resolution approving a consultant services agreement with Hassell Group and approving budget amendment number 22.007; an. BACKGROUND/DISCUSSION The lower reaches of Colma Creek have a history of flooding since the former Baylands were drained and built over with industrial development in the early stages of the City’s development.In 1964 the Colma Creek Flood Control Zone was established by the San Mateo County Flood Control District,which constructed flood control facilities that replaced the natural creek conditions for three miles upstream from the Bay.The project site spans along both sides of the creek from Linden Avenue to the Bay,including 7 pump stations owned and operated by the City of South San Francisco Department of Public Works.The site also includes the Caltrain corridor bridge,Highway 101 box culvert,four other vehicular bridges,and one pedestrian bridge. On June 18,2021,the San Francisco Bay Restoration Authority Governing Board authorized a grant of up to five hundred and ninety-five thousand dollars ($595,000)to the City of South San Francisco to prepare technical studies,undertake community engagement,perform design and engineering work,and develop a permitting plan that identifies required permits and anticipated CEQA determination for the Colma Creek Restoration and Adaptation Project (“the project”).The restoration and sea level rise adaptation actions are expected to expand marsh habitat,increase flood protection,and provide public access at the mouth of Colma Creek in South San Francisco. The proposed project consists only of planning and design,with a significant focus on community engagement in the design process.In addition,to plan for community involvement in the future restoration work,the project includes creation of a test plant nursery and community education on restoration planting using that nursery.This design work builds upon the planning and community engagement of the Resilient South City project of 2017-2018,which was a part of the Resilient by Design Challenge that brought together local residents,public officials and local,national and international expert teams to develop innovative community- based solutions to sea level rise,severe storms,flooding and earthquakes throughout the bay area.Further design concepts and community engagement continued after the Resilient by Design Challenge as the “Colma City of South San Francisco Printed on 7/15/2021Page 1 of 3 powered by Legistar™ File #:21-532 Agenda Date:7/14/2021 Version:1 Item #:9. design concepts and community engagement continued after the Resilient by Design Challenge as the “Colma Creek Connector” project from 2019-2020. The project proposes to address Bay shoreline landscapes at the mouth of Colma Creek,as well as the tidal reaches of Colma Creek,by exploring the feasibility of each element below for integration into the final design: •New tidal marsh at creek edges and expanded creek section from the Caltrain corridor all the way to the Bay,creating critical habitat for the Ridgway’s rail (and other species),while also reducing flood risks and risks from projected sea-level rise; •A seepage slope or wetland for treatment of stormwater discharged into the creek at two key pump stations, building upon lessons learned from similar past projects; •Public access under Caltrain &under 101 through adapting a Union Pacific Railroad right-of- way that connects all the way to the Bay Trail; •Bay shoreline restoration for expanded tidal marsh and boardwalk Bay Trail,designed to enable marsh migration and protection in the event of sea level rise; •A new Bay Water Trail access site; and Mudflat and subtidal habitat enhancements. The total project amount is estimated at $595,000 and there is not a required City match component. San Francisco Bay Restoration Authority $595,000 Project Total $595,000 The City only became aware of this grant opportunity when Hassell Group and the San Mateo County Flood and Sea Level Rise Resiliency District approached staff about partnering on the application.Hassell Group provided a yearlong collaborative design challenge in its Resilient by Design work bringing together local residents,public officials and local,national,and international experts to develop innovative community-based solutions that will strengthen our region’s resilience to sea level rise,severe storms,flooding,and earthquakes. On the basis of those factors,staff and the City Attorney’s Office viewed this as substantially similar to a “sole source”circumstance,and staff did not undertake a request for proposals process to identify potential alternative consultants to perform this work. FISCAL IMPACT The total project cost is estimated at $595,000.There is not a required City match for this project and no known fiscal impact. All of Hassell’s fees will be paid for out of these grant funds. RELATIONSHIP TO STRATEGIC PLAN Acceptance of this grant meets the City’s strategic goals of providing top tier public parks,art and green spaces for our residents and community as well as a robust environmental sustainability program. CONCLUSION It is recommended that the City Council (1)adopt a resolution accepting a grant from the San Francisco Bay Restoration Authority in an amount up to $595,000 for planning studies and community engagement of the Colma Creek Restoration and Adaptation Project and approving the grant agreement,and (2) adopt a resolution approving a consultant services agreement with Hassell Group and approving budget amendment number 22.007. City of South San Francisco Printed on 7/15/2021Page 2 of 3 powered by Legistar™ File #:21-532 Agenda Date:7/14/2021 Version:1 Item #:9. City of South San Francisco Printed on 7/15/2021Page 3 of 3 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-574 Agenda Date:7/14/2021 Version:3 Item #:9a. Resolution approving the grant of funds from the San Francisco Bay Restoration Authority for the Colma Creek Restoration and Adaptation Project and authorizing the City Manager to execute a grant agreement WHEREAS,the San Francisco Bay Restoration Authority Act,Government Code §§66700-66706,establishes the San Francisco Bay Restoration Authority (“Authority”)as a regional entity to generate and allocate resources for the protection and enhancement of tidal wetlands and other wildlife habitat in San Francisco Bay and along its shoreline,and authorizes the Authority to award grants to public and private entities to achieve these purposes; and WHEREAS,the Authority awards grants for eligible projects consistent with Government Code §66704.5,the Authority’s Grant Program Guidelines,first adopted in May 2017,and the Authority’s San Francisco Bay Clean Water,Pollution Prevention and Habitat Restoration Measure (“Measure AA”),passed by the voters in June 2016; and WHEREAS,at its June 18,2021 meeting,the Authority adopted a resolution authorizing a grant to the City of South San Francisco (“City”)for the Colma Creek Restoration and Adaptation Project (“the project”).The resolution was adopted by the Authority pursuant to,and is included in,the Authority June 18,2021 staff recommendation, a copy of which is on file with the City and with the Authority; and WHEREAS,the Authority requires that the governing body of the City certify through a resolution that it approves the award of Authority grant funding and authorizes the execution by a representative of the City of a grant agreement on terms and conditions required by Authority Grant Agreement No.RA-028 (the “grant agreement”). NOW, THEREFORE, BE IT RESOLVED that the City Council of the City of South San Francisco hereby: 1.Approves the award of grant funding from the Authority for the project. 2.Acknowledges that it has or will have sufficient funds to complete the project and to operate and maintain,for the period set forth in the grant agreement,any property acquired or improvements constructed as a part of the project. 3.Agrees to be bound by all terms and conditions of the grant agreement and any other agreement or instrument as may be required by the Authority and as may be necessary to fulfill the terms of the grant agreement. City of South San Francisco Printed on 8/3/2021Page 1 of 2 powered by Legistar™ File #:21-574 Agenda Date:7/14/2021 Version:3 Item #:9a. 4.Authorizes the City Manager or designee to act as a representative of the City and to negotiate and execute on behalf of the City the grant agreement and all other agreements and instruments necessary to complete the project. ***** City of South San Francisco Printed on 8/3/2021Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-575 Agenda Date:7/14/2021 Version:1 Item #:9b. Resolution approving a Consultant Services Agreement with Hassell Group for the planning studies and community engagement for the Colma Creek Restoration and Adaptation Project and approving budget amendment number 22.007. WHEREAS,On June 18,2021,the San Francisco Bay Restoration Authority Governing Board authorized a grant of up to five hundred and ninety-five thousand dollars ($595,000)to the City of South San Francisco to prepare technical studies,undertake community engagement,perform design and engineering work,and develop a permitting plan that identifies required permits and anticipated CEQA determination for the Colma Creek Restoration and Adaptation Project (“the project”).The restoration and sea level rise adaptation actions are expected to expand marsh habitat,increase flood protection,and provide public access at the mouth of Colma Creek in South San Francisco; and WHEREAS,the proposed project consists only of planning and design,with a significant focus on community engagement in the design process.In addition,to plan for community involvement in the future restoration work,the project includes creation of a test plant nursery and community education on restoration planting using that nursery; and WHEREAS,this design work builds upon the planning and community engagement of the Resilient South City project of 2017-2018,which was a part of the Resilient by Design Challenge that brought together local residents,public officials and local,national and international expert teams to develop innovative community- based solutions to sea level rise, severe storms, flooding and earthquakes throughout the bay area; and WHEREAS,as discussed in the staff report that accompanied this resolution at the City Council’s meeting on July 14,2021,the City Attorney’s Office viewed this as substantially similar to a “sole source”circumstance; and WHEREAS,City staff recommends that the City Council approve a consultant services agreement with Hassell Group for five years, for the scope of work as described in the accompanying staff report. NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of South San Francisco as follows: 1.The City Council approves a consultant services agreement with Hassell Group.for environmental sampling services,attached hereto and incorporated herein as Exhibit A,in a total not-to-exceed amount of $595,000 for a total of one year covering fiscal year 2021-2022. 2.The City Manager is authorized to execute the consultant services agreement with Hassell Group on behalf of the City,in substantially the same form as Exhibit A and subject to approval as to form by theCity of South San Francisco Printed on 7/15/2021Page 1 of 2 powered by Legistar™ File #:21-575 Agenda Date:7/14/2021 Version:1 Item #:9b. behalf of the City,in substantially the same form as Exhibit A and subject to approval as to form by the City Attorney. 3.The City Manager is authorized to take any other actions consistent with the intent of this Resolution that do not increase the City’s obligations. 4.The City Council approves budget amendment number 22.007 to appropriate the $595,000 in grant funds from the San Francisco Bay Restoration Authority to fund the contract with Hassell Group. ***** City of South San Francisco Printed on 7/15/2021Page 2 of 2 powered by Legistar™ Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 1 of 16 CONSULTING SERVICES AGREEMENT BETWEEN THE CITY OF SOUTH SAN FRANCISCO AND Hassell Group THIS AGREEMENT for consulting services is made by and between the City of South San Francisco (“City”) and Hassell Group (“Consultant”) (together sometimes referred to as the “Parties”) as of July 14, 2021 (the “Effective Date”). Section 1. SERVICES. Subject to the terms and conditions set forth in this Agreement, Consultant shall provide to City the services described in the Scope of Work attached as Exhibit A, attached hereto and incorporated herein, at the time and place and in the manner specified therein. In the event of a conflict in or inconsistency between the terms of this Agreement and Exhibit A, the Agreement shall prevail. 1.1 Term of Services. The term of this Agreement shall begin on the Effective Date and shall end on June 30, 2026, the date of completion specified in Exhibit A, and Consultant shall complete the work described in Exhibit A prior to that date, unless the term of the Agreement is otherwise terminated or extended, as provided for in Section 8. The time provided to Consultant to complete the services required by this Agreement shall not affect the City’s right to terminate the Agreement, as provided for in Section 8. 1.2 Standard of Performance. Consultant shall perform all services required pursuant to this Agreement in the manner and according to the standards observed by a competent practitioner of the profession in which Consultant is engaged in the geographical area in which Consultant practices its profession. Consultant shall prepare all work products required by this Agreement in a substantial, first -class manner and shall conform to the standards of quality normally observed by a person practicing in Consultant's profession. 1.3 Assignment of Personnel. Consultant shall assign only competent personnel to perform services pursuant to this Agreement. In the event that City, in its sole discretion, at any time during the term of this Agreement, desires the reassignment of any such persons, Consultant shall, immediately upon receiving notice from City of such desire of City, reassign such person or persons. 1.4 Time. Consultant shall devote such time to the performance of services pursuant to this Agreement as may be reasonably necessary to meet the standard of performance provided in Sections 1.1 and 1.2 above and to satisfy Consultant’s obligations hereunder. Section 2. COMPENSATION. City hereby agrees to pay Consultant a sum not to exceed $595,000, notwithstanding any contrary indications that may be contained in Consultant’s proposal, for services to be performed and reimbursable costs incurred under this Agreement. In the event of a conflict between this Agreement and Consultant’s proposal, attached as Exhibit A, or Consultant’s compensation schedule attached as Exhibit B, regarding the amount of compensation, the Agreement shall prevail. City shall pay Consultant for services rendered pursuant to this Agreement at the time and in the manner set forth herein. The payments specified below shall be the only payments from City to Consultant for services rendered Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 2 of 16 pursuant to this Agreement. Consultant shall submit all invoices to City in the manner specified herein. Except as specifically authorized by City, Consultant sh all not bill City for duplicate services performed by more than one person. Consultant and City acknowledge and agree that compensation paid by City to Consultant under this Agreement is based upon Consultant’s estimated costs of providing the services re quired hereunder, including salaries and benefits of employees and subcontractors of Consultant. Consequently, the parties further agree that compensation hereunder is intended to include the costs of contributions to any pensions and/or annuities to which Consultant and its employees, agents, and subcontractors may be eligible. City therefore has no responsibility for such contributions beyond compensation required under this Agreement. 2.1 Invoices. Consultant shall submit invoices, not more often than once per month during the term of this Agreement, based on the cost for services performed and reimbursable costs incurred prior to the invoice date. Invoices shall contain the following information: ▪ Serial identifications of progress bills (i.e., Progress Bill No. 1 for the first invoice, etc.); ▪ The beginning and ending dates of the billing period; ▪ A task summary containing the original contract amount, the amount of prior billings, the total due this period, the balance available under the Agreement , and the percentage of completion; ▪ At City’s option, for each work item in each task, a copy of the applicable time entries or time sheets shall be submitted showing the name of the person doing the work, the hours spent by each person, a brief description of the work, and each reimbursable expense; ▪ The total number of hours of work performed under the Agreement by Consultant and each employee, agent, and subcontractor of Consultant performing services hereunder, as well as a separate notice when the total number of hours of work by Consultant and any individual employee, agent, or subcontractor of Consultant reaches or exceeds eight hundred (800) hours, which shall include an estimate of the time necessary to complete the work described in Exhibit A; ▪ The amount and purpose of actual expenditures for which reimbursement is sought; ▪ The Consultant’s signature. 2.2 Monthly Payment. City shall make monthly payments, based on invoices received, for services satisfactorily performed, and for authorized reimbu rsable costs incurred. City shall have thirty (30) days from the receipt of an invoice that complies with all of the requirements above to pay Consultant. City shall have no obligation to pay invoices submitted ninety (90) days past the performance of work or incurrence of cost. Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 3 of 16 2.3 Final Payment. City shall pay the last ten percent (10%) of the total sum due pursuant to this Agreement within sixty (60) days after completion of the services and submittal to City of a final invoice, if all services required have been satisfactorily performed. 2.4 Total Payment. City shall pay for the services to be rendered by Consultant pursuant to this Agreement. City shall not pay any additional sum for any expense or cost whatsoever incurred by Consultant in rendering services pursuant to this Agreement. City shall make no payment for any extra, further, or additional service pursuant to this Agreement. In no event shall Consultant submit any invoice for an amount in excess of the maximum amount of compensation provided above either for a task or for the entire Agreement, unless the Agreement is modified prior to the submission of such an invoice by a properly executed change order or amendment. 2.5 Hourly Fees. Fees for work performed by Consultant on an hourly basis shall not exceed the amounts shown on the compensation schedule attached hereto and incorporated herein as Exhibit B. 2.6 Reimbursable Expenses. The following constitute reimbursable expenses authorized by this Agreement printing and postage. Reimbursable expenses shall not exceed $ 5,000. Expenses not listed above are not chargeable to City. Reimbursable expenses are included in the total amount of compensation provided under Section 2 of this Agreement that shall not be exceeded. 2.7 Payment of Taxes, Tax Withholding. Consultant is solely responsible for the payment of employment taxes incurred under this Agreement and any similar federal or state taxes. To be exempt from tax withholding, Consultant must provide City with a valid California Franchise Tax Board form 590 (“Form 590”), as may be amended and such Form 590 shall be attached hereto and incorporated herein as Exhibit A. Unless Consultant provides City with a valid Form 590 or other valid, written evidence of an exemption or waiver from withholding, City may withhold California taxes from payments to Consultant as required by law. Consultant shall obtain, and maintain on file for three (3) years after the termination of this Agreement, Form 590s (or other written evidence of exemptions or waivers) from all subcontractors. Consultant accepts sole responsibility for withholding taxes from any non - California resident subcontractor and shall submit written documentation of compliance with Consultant’s withholding duty to City upon request. . 2.8 Payment upon Termination. In the event that the City or Consultant terminates this Agreement pursuant to Section 8, the City shall compensate the Consultant for all outstanding costs and reimbursable expenses incurred for work satisfactorily completed as of the date of written notice of termination. Consultant shall maintain adequate logs and timesheets in order to verify costs incurred to that date. Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 4 of 16 2.9 Authorization to Perform Services. The Consultant is not authorized to perform any services or incur any costs whatsoever under the terms of this Agreement until receipt of authorization from the Contract Administrator. 2.10 Prevailing Wage. Where applicable, the wages to be paid for a day's work to all classes of laborers, workmen, or mechanics on the work contemplated by this Agreement, shall be not less than the prevailing rate for a day’s work in the same trade or occupation in the locality within the state where the work hereby contemplates to be performed as determined by the Director of Industrial Relations pursuant to the Director’s authority under Labor Code Section 1770, et seq. Each laborer, worker or mechanic employed by Consultant or by any subcontractor shall receive the wages herein provided for. The Consultant shall pay two hundred dollars ($200), or whatever amount may be set by Labor Code Section 1775, as may be amended, per day penalty for each worker paid less than prevailing rate of per diem wages. The difference between the prevailing rate of per diem wages and the wage paid to each worker shall be paid by the Consultant to each worker. An error on the part of an awarding body does not relieve the Consultant from responsibility for payment of the prevailing rate of per diem wages and penalties pursuant to Labor Code Sections 1770 1775. The City will not recognize any claim for additional compensation because of the payment by the Consultant for any wage rate in excess of prevailing wage rate set forth. The possibility of wage increases is one of the elements to be considered by the Consultant. a. Posting of Schedule of Prevailing Wage Rates and Deductions. If the schedule of prevailing wage rates is not attached hereto pursuant to Labor Code Section 1773.2, the Consultant shall post at appropriate conspicuous points at the site of the project a schedule showing all determined prevailing wage rates for the various classes of laborers and mechanics to be engaged in work on the project under this contract and all deductions, if any, required by law to be made from unpa id wages actually earned by the laborers and mechanics so engaged. b. Payroll Records. Each Consultant and subcontractor shall keep an accurate payroll record, showing the name, address, social security number, work week, and the actual per diem wages paid to each journeyman, apprentice, worker, or other employee employed by the Consultant in connection with the public work. Such records shall be certified and submitted weekly as required by Labor Code Section 1776.” Section 3. FACILITIES AND EQUIPMENT. Except as set forth herein, Consultant shall, at its sole cost and expense, provide all facilities and equipment that may be necessary to perform the services required by this Agreement. City shall make available to Consultant only the facilities and equipment listed in this section, and only under the terms and conditions set forth herein. City shall furnish physical facilities such as desks, filing cabinets, and conference space, as may be reasonably necessary for Consultant’s use while consulting w ith City employees and reviewing records and Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 5 of 16 the information in possession of the City. The location, quantity, and time of furnishing those facilities shall be in the sole discretion of City. In no event shall City be obligated to furnish any facility t hat may involve incurring any direct expense, including but not limited to computer, long -distance telephone or other communication charges, vehicles, and reproduction facilities. Section 4. INSURANCE REQUIREMENTS. Before beginning any work under this Agreement, Consultant, at its own cost and expense, unless otherwise specified below, shall procure the types and amounts of insurance listed below against claims for injuries to persons or damages to property that may arise from or in connection with the performance of the work hereunder by the Consultant and its agents, representatives, employees, and subcontractors. Consistent with the following provisions, Consultant shall provide Certificates of Insurance, attached hereto and incorporated herein as Exhibit C, indicating that Consultant has obtained or currently maintains insurance that meets the requirements of this section and under forms of insurance satisfactory, in all respects, to the City. Consultant shall maintain the insurance policies required by this section throughout the term of this Agreement. The cost of such insurance shall be included in the Consultant's bid. Consultant shall not allow any subcontractor to commence work on any subcontract until Consultant has obtained all insurance requ ired herein for the subcontractor(s). 4.1 Workers’ Compensation. Consultant shall, at its sole cost and expense, maintain Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance for any and all persons employed directly or indirectly by Consultant. The Statutory Workers’ Compensation Insurance and Employer’s Liability Insurance shall be provided with limits of not less than ONE MILLION DOLLARS ($1,000,000) per accident. In the alternative, Consultant may rely on a self-insurance program to meet those requirements, but only if the program of self-insurance complies fully with the provisions of the California Labor Code. Determination of whether a self-insurance program meets the standards of the Labor Code shall be solely in the discretion of the Contract Administrator (as defined in Section 10.9). The insurer, if insurance is provided, or the Consultant, if a program of self - insurance is provided, shall waive all rights of subrogation against the City and its officers, officials, employees, and volunteers for loss arising from work performed under this Agreement. 4.2 Commercial General and Automobile Liability Insurance. 4.2.1 General requirements. Consultant, at its own cost and expense, shall maintain commercial general and automobile liability insurance for the term of this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000.00) per occurrence, combined single limit coverage for risks associated with the work contemplated by this Agreement. If a Commercial Gene ral Liability Insurance or an Automobile Liability form or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to the work to be performed under this Agreement or the general aggregate limit shall be at least twice the required occurrence limit. Such coverage shall include but shall not be limited to, protection against claims arising from bodily and personal injury, including death resulting there from, and damage to property resulting from Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 6 of 16 activities contemplated under this Agreement, including the use of owned and non - owned automobiles. 4.2.2 Minimum scope of coverage. Commercial general coverage shall be at least as broad as Insurance Services Office Commercial General Liability occurrence form CG 0001 or GL 0002 (most recent editions) covering comprehensive General Liability and Insurance Services Office form number GL 0404 covering Broad Form Comprehensive General Liability. Automobile coverage shall be at least as broad as Insurance Services Office Automobile Liability form CA 0001 (ed. 12/90) Code 8 and 9. No endorsement shall be attached limiting the coverage. 4.2.3 Additional requirements. Each of the following shall be included in the insurance coverage or added as a certified endorsement to the policy: a. The insurance shall cover on an occurrence or an accident basis, and not on a claims-made basis. b. Any failure of Consultant to comply with reporting provisions of the policy shall not affect coverage provided to City and its office rs, employees, agents, and volunteers. 4.3 Professional Liability Insurance. 4.3.1 General requirements. Consultant, at its own cost and expense, shall maintain for the period covered by this Agreement professional liability insurance for licensed professionals performing work pursuant to this Agreement in an amount not less than ONE MILLION DOLLARS ($1,000,000) covering the licensed professionals’ errors and omissions. Any deductible or self -insured retention shall not exceed ONE HUNDRED FIFTY THOUSAND DOLLARS $150,000 per claim. 4.3.2 Claims-made limitations. The following provisions shall apply if the professional liability coverage is written on a claims-made form: a. The retroactive date of the policy must be shown and must be before the date of the Agreement. b. Insurance must be maintained and evidence of insurance must be provided for at least five (5) years after completion of the Agreement or the work, so long as commercially available at reasonable rates. c. If coverage is canceled or not renewed and it is not replaced with another claims-made policy form with a retroactive date that precedes the date of this Agreement, Consultant must provide extended reporting coverage for a minimum of five (5) years after completion of the Agreement or the work. The City shall have the right to exercise, at the Consultant’s sole cost and Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 7 of 16 expense, any extended reporting provisions of the policy, if the Consultant cancels or does not renew the coverage. d. A copy of the claim reporting requirements must be submitted to the City prior to the commencement of any work under this Agreement. 4.4 All Policies Requirements. 4.4.1 Acceptability of insurers. All insurance required by this section is to be placed with insurers with a Bests' rating of no less than A:VII. 4.4.2 Verification of coverage. Prior to beginning any work under this Agreement, Consultant shall furnish City with complete copies of all policies delivered to Consultant by the insurer, including complete copies of all endorsements attached to those policies. All copies of policies and certified endorsements shall show the signature of a person authorized by that insurer to bind coverage on its behalf. If the City does not receive the required insurance documents prior to the Consultant beginning work, it shall not waive the Consultant’s obligation to provide them. The City reserves the right to require complete copies of all required insurance policies at any time. 4.4.3 Notice of Reduction in or Cancellation of Coverage. A certified endorsement shall be attached to all insurance obtained pursuant to this Agreement stating that coverage shall not be suspended, voided, canceled by either party, or reduced in coverage or in limits, except after thirty (30) days' prior written notice by ce rtified mail, return receipt requested, has been given to the City. In the event that any coverage required by this section is reduced, limited, cancelled, or materially affected in any other manner, Consultant shall provide written notice to City at Consultant’s earliest possible opportunity and in no case later than ten (10) working days after Consultant is notified of the change in coverage. 4.4.4 Additional insured; primary insurance. City and its officers, employees, agents, and volunteers shall be covered as additional insureds with respect to each of the following: liability arising out of activities performed by or on behalf of Consultant, including the insured’s general supervision of Consultant; products and completed operations of Consultant, as applicable; premises owned, occupied, or used by Consultant; and automobiles owned, leased, or used by the Consultant in the course of providing services pursuant to this Agreement. The coverage shall contain no special limitations on the scope of prote ction afforded to City or its officers, employees, agents, or volunteers. A certified endorsement must be attached to all policies stating that coverage is primary insurance with respect to the City and its officers, officials, employees and volunteers, and that no insurance or self-insurance maintained by the City shall be called upon to contribute to a loss under the coverage. Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 8 of 16 4.4.5 Deductibles and Self-Insured Retentions. Consultant shall disclose to and obtain the approval of City for the self-insured retentions and deductibles before beginning any of the services or work called for by any term of this Agreement. Further, if the Consultant’s insurance policy includes a self-insured retention that must be paid by a named insured as a precondition of the insurer’s liability, or which has the effect of providing that payments of the self-insured retention by others, including additional insureds or insurers do not serve to satisfy the self- insured retention, such provisions must be modified by special e ndorsement so as to not apply to the additional insured coverage required by this agreement so as to not prevent any of the parties to this agreement from satisfying or paying the self - insured retention required to be paid as a precondition to the insurer’s liability. Additionally, the certificates of insurance must note whether the policy does or does not include any self-insured retention and also must disclose the deductible. During the period covered by this Agreement, only upon the prior express wr itten authorization of Contract Administrator, Consultant may increase such deductibles or self-insured retentions with respect to City, its officers, employees, agents, and volunteers. The Contract Administrator may condition approval of an increase in deductible or self-insured retention levels with a requirement that Consultant procure a bond, guaranteeing payment of losses and related investigations, claim administration, and defense expenses that is satisfactory in all respects to each of them. 4.4.6 Subcontractors. Consultant shall include all subcontractors as insureds under its policies or shall furnish separate certificates and certified endorsements for each subcontractor. All coverages for subcontractors shall be subject to all of the requirements stated herein. 4.4.7 Wasting Policy. No insurance policy required by Section 4 shall include a “wasting” policy limit. 4.4.8 Variation. The City may approve a variation in the foregoing insurance requirements, upon a determination that the coverage , scope, limits, and forms of such insurance are either not commercially available, or that the City’s interests are otherwise fully protected. 4.5 Remedies. In addition to any other remedies City may have if Consultant fails to provide or maintain any insurance policies or policy endorsements to the extent and within the time herein required, City may, at its sole option exercise any of the following remedies, which are alternatives to other remedies City may have and are not the exclusive remedy for Consultant’s breach: a. Obtain such insurance and deduct and retain the amount of the premiums for such insurance from any sums due under the Agreement; Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 9 of 16 b. Order Consultant to stop work under this Agreement or withhold any payment that becomes due to Consultant hereunder, or both stop work and withhold any payment, until Consultant demonstrates compliance with the requirements hereof; and/or c. Terminate this Agreement. Section 5. INDEMNIFICATION AND CONSULTANT’S RESPONSIBILITIES. To the fullest extent permitted by law, Consultant shall indemnify, defend with counsel selected by the City, and hold harmless the City and its officials, officers, employees, agents, and volunteers from and against any and all losses, liability, claims, suits, actions, damages, and causes of action arising out of any personal injury, bodily injury, loss of life, or damage to property, or any violation of any federal, state, or municipal law or ordinance, to the extent caused, in whole or in part, by the willful misconduct or negligent a cts or omissions of Consultant or its employees, subcontractors, or agents, by acts for which they could be held strictly liable, or by the quality or character of their work. The foregoing obligation of Consultant shall not apply when (1) the injury, loss of life, damage to property, or violation of law arises wholly from the gross negligence or willful misconduct of the City or its officers, employees, agents, or volunteers and (2) the actions of Consultant or its employees, subcontractor, or agents have contributed in no part to the injury, loss of life, damage to property, or violation of law. It is understood that the duty of Consultant to indemnify and hold harmless includes the duty to defend as set forth in Section 2778 of the California Civil Code . Acceptance by City of insurance certificates and endorsements required under this Agreement does not relieve Consultant from liability under this indemnification and hold harmless clause. This indemnification and hold harmless clause shall apply to any damages or claims for damages whether or not such insurance policies shall have been determined to apply. By execution of this Agreement, Consultant acknowledges and agrees to the provisions of this Section and that it is a material element of considerat ion. In the event that Consultant or any employee, agent, or subcontractor of Consultant providing services under this Agreement is determined by a court of competent jurisdiction or the California Public Employees Retirement System (PERS) to be eligible for enrollment in PERS as an employee of City, Consultant shall indemnify, defend, and hold harmless City for the payment of any employee and/or employer contributions for PERS benefits on behalf of Consultant or its employees, agents, or subcontractors, a s well as for the payment of any penalties and interest on such contributions, which would otherwise be the responsibility of City. Section 6. STATUS OF CONSULTANT. 6.1 Independent Contractor. At all times during the term of this Agreement, Consultant shall be an independent contractor and shall not be an employee of City. City shall have the right to control Consultant only insofar as the results of Consultant's services rendered pursuant to this Agreement and assignment of personnel pursuant to Subpar agraph 1.3; however, otherwise City shall not have the right to control the means by which Consultant accomplishes services rendered pursuant to this Agreement. Notwithstanding any other City, state, or federal policy, rule, regulation, law, or ordinance to the contrary, Consultant and any of its employees, agents, and subcontractors providing services under this Agreement shall not qualify for or become entitled to, and hereby agree to waive any and Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 10 of 16 all claims to, any compensation, benefit, or any incident of employment by City, including but not limited to eligibility to enroll in the California Public Employees Retirement System (PERS) as an employee of City and entitlement to any contribution to be paid by City for employer contributions and/or employee contributions for PERS benefits. 6.2 Consultant No Agent. Except as City may specify in writing, Consultant shall have no authority, express or implied, to act on behalf of City in any capacity whatsoever as an agent or to bind City to any obligation whatsoever. Section 7. LEGAL REQUIREMENTS. 7.1 Governing Law. The laws of the State of California shall govern this Agreement. 7.2 Compliance with Applicable Laws. Consultant and any subcontractors shall comply with all laws applicable to the performance of the work hereunder. 7.3 Other Governmental Regulations. To the extent that this Agreement may be funded by fiscal assistance from another governmental entity, Consultant and any subcontractors shall comply with all applicable rules and regulations to which City is bound by the terms of such fiscal assistance program. 7.4 Licenses and Permits. Consultant represents and warrants to City that Consultant and its employees, agents, and any subcontractors have all licenses, permits, qualifications, and approvals, including from City, of what-so-ever nature that are legally required to practice their respective professions. Consultant represents and warrants to City that Consultant and its employees, agents, any subcontractors shall, at their sole cost and expense, keep in effect at all times during the term of this Agreement any licenses, permits, and approvals that are legally required to practice their respective professions. In addition to the foregoing, Consultant and any subcontractors shall obtai n and maintain during the term of this Agreement valid Business Licenses from City. 7.5 Nondiscrimination and Equal Opportunity. Consultant shall not discriminate, on the basis of a person’s race, religion, color, national origin, age, physical or mental handicap or disability, medical condition, marital status, sex, or sexual orientation, against any employee, applicant for employment, subcontractor, bidder for a subcontract, or participant in, recipient of, or applicant for any services or programs provided by Consultant under this Agreement. Consultant shall comply with all applicable federal, state, and local laws, policies, rules, and requirements related to equal opportunity and nondiscrimination in employment, contracting, and the provision of any services that are the subject of this Agreement, including but not limited to the satisfaction of any positive obligations required of Consultant thereby. Consultant shall include the provisions of this Subsection in any subcontract approved by the Contract Administrator or this Agreement. Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 11 of 16 Section 8. TERMINATION AND MODIFICATION. 8.1 Termination. City may cancel this Agreement at any time and without cause upon written notification to Consultant. Consultant may cancel this Agreement for cause upon 30 days’ written notice to City and shall include in such notice the reasons for cancellation. In the event of termination, Consultant shall be entitled to compensation for services performed to the date of notice of termination; City, however, may condition payment of such compensation upon Consultant delivering to City all materials described in Section 9.1. 8.2 Extension. City may, in its sole and exclusive discretion, extend the end date of this Agreement beyond that provided for in Subsection 1.1. Any such extension shall require a written amendment to this Agreement, as provided for herein. Consultant understands and agrees that, if City grants such an extension, City shall have no obligation to provide Consultant with compensation beyond the maximum amount provided for in this Agreement. Similarly, unless authorized by the Contract Administrator, City shall have no obligation to reimburse Consultant for any otherwise reimbursable expenses incurred during the extension period. 8.3 Amendments. The parties may amend this Agreement only by a writing signed by all the parties. 8.4 Assignment and Subcontracting. City and Consultant recognize and agree that this Agreement contemplates personal performance by Consultant and is based upon a determination of Consultant’s unique personal competence, experience, and specialized personal knowledge. Moreover, a substantial inducement to City for entering into this Agreement was and is the professional reputation and competence of Consultant. Consultant may not assign this Agreement or any interest therein without the prior written approval of the Contract Administrator. Consultant shall not assign or subcontract any portion of the performance contemplated and provided for herein, other than to the subcontractors noted in the proposal, without prior written approval of the Contract Administrator. 8.5 Survival. All obligations arising prior to the termination of this Agreement and all provisions of this Agreement allocating liability between City and Con sultant shall survive the termination of this Agreement. 8.6 Options upon Breach by Consultant. If Consultant materially breaches any of the terms of this Agreement, City’s remedies shall include, but not be limited to, the following: Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 12 of 16 8.6.1 Immediately terminate the Agreement; 8.6.2 Retain the plans, specifications, drawings, reports, design documents, and any other work product prepared by Consultant pursuant to this Agreement; 8.6.3 Retain a different consultant to complete the work described in Exhibit A not finished by Consultant; or 8.6.4 Charge Consultant the difference between the cost to complete the work described in Exhibit A that is unfinished at the time of breach and the amount that City would have paid Consultant pursuant to Section 2 if Consultant had completed the work. Section 9. KEEPING AND STATUS OF RECORDS. 9.1 Records Created as Part of Consultant’s Performance. All reports, data, maps, models, charts, studies, surveys, photographs, memoranda, plans, studies, specifications, records, files, or any other documents or materials, in electronic or any other form, that Consultant prepares or obtains pursuant to this Agreement and that relate to the matters covered hereunder shall be the property of the City. Consultant hereby agrees to deliver those documents to the City upon termination of the Agreement. It is understood and agreed that the documents and other materials, including but not limited to those described above, prepared pursuant to this Agreement are prepared specifically for the City and are not necessarily suitable for any future or other use. City and Consultant agree that, until final approval by City, all data, plans, specifications, reports and other documents are confidential and will not be released to third parties without prior written consent of both parties unless required by law. 9.2 Consultant’s Books and Records. Consultant shall maintain any and all ledgers, books of account, invoices, vouchers, canceled checks, and other records or documents evidencing or relating to charges for services or expenditures and disbursements charged to the City under this Agreement for a minimum of three (3) years, or for any longer period required by law, from the date of final payment to the Consultant to this Agreement. 9.3 Inspection and Audit of Records. Any records or documents that Section 9.2 of this Agreement requires Consultant to maintain shall be made available for inspection, audit, and/or copying at any time during regular business hours, upon oral or written request of the City. Under California Government Code Section 8546.7, if the amount of public funds expended under this Agreement exceeds TEN THOUSAND DOLLARS ($10,000.00), the Agreement shall be subject to the examination and audit of the State Auditor, at the request of City or as part of any audit of the City, for a period of three (3) years after final payment under the Agreement. 9.4 Records Submitted in Response to an Invitation to Bid or Request for Proposals. All responses to a Request for Proposals (RFP) or invitation to bid issued by the City become Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 13 of 16 the exclusive property of the City. At such time as the City selects a bid, all proposals received become a matter of public record, and shall be regarded as public records, with the exception of those elements in each proposal that are defined by Consultant and plainly marked as “Confidential,” "Business Secret" or “Trade Secret." The City shall not be liable or in any way responsible for the disclosure of any such proposal or portions thereof, if Consultant has not plainly marked it as a "Trade Secret" or "Business Secret," or if disclosure is required under the Public Records Act. Although the California Public Records Act recognizes that certain confidential trade secret information may be protected from disclosure, the City may not be in a position to establish that the information that a prospective bidder submits is a trade secret. If a request is made for information marked "Trade Secret" or "Business Secret," and the requester takes legal action seeking release of the materials it believes does not constitute trade secret information, by submitting a proposal, Consultant agrees to indemnify, defend and hold harmless the City, its agents and employees, from any judgment, fines, penalties, and award of attorneys fees awarded against the City in favor of the party requesting the information, and any and all costs connected with that defense. This obligation to indemnify survives the City's award of the contract. Consultant agrees that this indemnification survives as long as the trade secret information is in the City's possession, which includes a minimum retention period for such documents. Section 10 MISCELLANEOUS PROVISIONS. 10.1 Attorneys’ Fees. If a party to this Agreement brings any action, including arbitration or an action for declaratory relief, to enforce or interpret the provision of this Agreement, the prevailing party shall be entitled to reasonable attorneys’ fees in addition to any other relief to which that party may be entitled. The court may set such fees in the same action or in a separate action brought for that purpose. 10.2 Venue. In the event that either party brings any action against the other under this Agreement, the parties agree that trial of such action shall be vested exclusively in the state courts of California in the County San Mateo or in the United States District Court for the Northern District of California. 10.3 Severability. If a court of competent jurisdiction finds or rules that any provision of t his Agreement is invalid, void, or unenforceable, the provisions of this Agreement not so adjudged shall remain in full force and effect. The invalidity in whole or in part of any provision of this Agreement shall not void or affect the validity of any ot her provision of this Agreement. 10.4 No Implied Waiver of Breach. The waiver of any breach of a specific provision of this Agreement does not constitute a waiver of any other breach of that term or any other term of this Agreement. Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 14 of 16 10.5 Successors and Assigns. The provisions of this Agreement shall inure to the benefit of and shall apply to and bind the successors and assigns of the parties. 10.6 Use of Recycled Products. Consultant shall prepare and submit all reports, written studies and other printed material on recycled paper to the extent it is available at equal or less cost than virgin paper. 10.7 Conflict of Interest. Consultant may serve other clients, but none whose activities within the corporate limits of City or whose business, regardle ss of location, would place Consultant in a “conflict of interest,” as that term is defined in the Political Reform Act, codified at California Government Code Section 81000 et seq. Consultant shall not employ any City official in the work performed pursuant to this Agreement. No officer or employee of City shall have any financial interest in this Agreement that would violate California Government Code Sections 1090 et seq. Consultant hereby warrants that it is not now, nor has it been in the previous twelve (12) months, an employee, agent, appointee, or official of the City. If Consultant was an employee, agent, appointee, or official of the City in the previous twelve (12) months, Consultant warrants that it did not participate in any manner in the forming of this Agreement. Consultant understands that, if this Agreement is made in violation of Government Code §1090 et.seq., the entire Agreement is void and Consultant will not be entitled to any compensation for services performed pursuant to this A greement, including reimbursement of expenses, and Consultant will be required to reimburse the City for any sums paid to the Consultant. Consultant understands that, in addition to the foregoing, it may be subject to criminal prosecution for a violation of Government Code § 1090 and, if applicable, will be disqualified from holding public office in the State of California. 10.8 Solicitation. Consultant agrees not to solicit business at any meeting, focus group, or interview related to this Agreement, either orally or through any written materials. 10.9 Contract Administration. This Agreement shall be administered by Tony Rozzi, Principal Planner ("Contract Administrator"). All correspondence shall be directed to or through the Contract Administrator or his or her designee. 10.10 Notices. All notices and other communications which are required or may be given under this Agreement shall be in writing and shall be deemed to have been duly given (i) when received if personally delivered; (ii) when received if transmitted by telecopy, if received during normal business hours on a business day (or if not, the next business day after delivery) provided that such facsimile is legible and that at the time such facsimile is sent the sending Party receives written confirmation of receipt; (iii) if sent for next day delivery to a domestic address by recognized overnight delivery service (e.g., Federal Express); and (iv) upon receipt, if sent by certified or registered mail, return receipt requested. In each case notice shall be sent to the respective Parties as follows: Consultant Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 15 of 16 Richard Mullane Principal HASSELL 650 California Street, Level 7 San Francisco, California 94108 City: City Clerk City of South San Francisco 400 Grand Avenue South San Francisco, CA 94080 10.11 Professional Seal. Where applicable in the determination of the contract administrator, the first page of a technical report, first page of design specifications, and each page of construction drawings shall be stamped/sealed and signed by the licensed professional responsible for the report/design preparation. The stamp/seal shall be in a block entitled "Seal and Signature of Registered Professional with report/design responsibility," as in the following example. Seal and Signature of Registered Professional with report/design responsibility. 10.12 Integration. This Agreement, including all Exhibits attached hereto, and incorporated herein, represents the entire and integrated agreement between City and Consultant and supersedes all prior negotiations, representations, or agreements, either written or oral pertaining to the matters herein. 10.13 Counterparts. This Agreement may be executed in counterparts and/or by facsimile or other electronic means, and when each Party has signed and delivered at least one such counterpart, each counterpart shall be deemed an original, and, when taken together with other signed counterpart, shall constitute one Agreement, which shall be binding upon and effective as to all Parties.. 10.14 Construction. The headings in this Agreement are for the purpose of reference only and shall not limit or otherwise affect any of the terms of this Agreement. The parties have had an equal opportunity to participate in the drafting of this Agreement; therefore any construction as against the drafting party shall not apply to this Agreement. The Parties have executed this Agreement as of the Effective Date. Consulting Services Agreement between [Rev:11.14.2016] July 14, 2021 City of South San Francisco and Hassell Group Page 16 of 16 CITY OF SOUTH SAN FRANCISCO Consultants ____________________________ _____________________________________ City Manager NAME: TITLE: Attest: _____________________________ City Clerk Approved as to Form: ____________________________ City Attorney 2729962.1 EXHIBIT A SCOPE OF SERVICES The project aims to reshape the banks of tidal reaches of Colma Creek and the Bay shoreline to restore and expand tidal marshes and critical habitat for the Ridgway's rail and other wildlife. The restoration project will also have significant flood mitigation benefits and will be designed to provide for expanded public access to nature and a vital new connection for the disadvantaged community to access the Bay and Bay Trail. The newly formed San Mateo County Flood and Sea Level Rise Resiliency District (OneShoreline), which may be a source of implementation funds, is very supportive of utilizing nature-based solutions as part of its holistic approach to improving the Creek system and community. This grant would provide critical support for prioritizing and aligning stakeholders around the feasibility of a restoration-led approach to this multi-benefit project. The project proposes to address Bay shoreline landscapes at the mouth of Colma Creek, as well as the tidal reaches of Colma Creek, by completing a design with the following elements: • New tidal marsh at creek edges and expanded creek section from the Caltrain corridor all the way to the Bay, creating critical habitat for the Ridgway’s rail (and other species), while also reducing flood risks and risks from projected sea-level rise; • A seepage slope or wetland for treatment of stormwater discharged into the creek at two key pump stations, building upon lessons learned from the Oro Loma and Transforming Shorelines work; • Public access under Caltrain & under 101 through adapting a Union Pacific Railroad right-of-way that connects all the way to the Bay Trail; • Bay shoreline restoration for expanded tidal marsh and boardwalk Bay Trail, designed to enable marsh migration and protection in the event of sea level rise; • A new Bay Water Trail access site; and • Mudflat and subtidal habitat enhancements. EXHIBIT B COMPENSATION SCHEDULE EXHIBIT C INSURANCE CERTIFICATES [OPTIONAL] EXHIBIT D FORM 590 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-558 Agenda Date:7/14/2021 Version:1 Item #:10. Report regarding approval of the Fourth Amendment to an Exclusive Negotiating Rights Agreement with Ensemble Investments,LLC for a proposed hotel development at Oyster Point.(Ernesto Lucero,Economic Development Coordinator) Staff recommends that the City Council authorize the City Manager to execute the Fourth Amendment to the Exclusive Negotiating Rights Agreement with Ensemble Investments, LLC. BACKGROUND In 2011,the City approved the Oyster Point Disposition and Development Agreement (DDA)and the Oyster Point Specific Plan (Specific Plan).These documents established the vision and development plan for Oyster Point;and as part of that vision they identified a 4.7 acre,City-owned parcel as an opportunity site for an upscale hotel.The Specific Plan provided preliminary entitlements for up to 350 hotel rooms and 40,000 sq.ft. of retail.The site (Attachment 1)is ideal for a full-service waterfront hotel connecting to the large employment cluster in Oyster Point, and its proximity to San Francisco International Airport. On April 11,2018,the City Council approved a resolution authorizing the City Manager to enter into an Exclusive Negotiating Rights Agreement (ENRA)with Ensemble Investments (Ensemble)to begin negotiating on a proposed hotel development on the City-owned parcel in Oyster Point.The agreement was executed on May 4, 2018. Since the execution of the ENRA,Ensemble has conducted extensive due diligence,continuing to refine the programming and development of the hotel.Recognizing the complexity of the site,the Council has previously approved three ENRA amendments to allow additional time for negotiations.At this time,staff believes the City and Ensemble have made significant progress I in negotiating key project issues and business terms,and are very close to being able to finalize the terms of a Purchase and Sale Agreement (PSA)for the Council’s consideration. The current ENRA expires on July 22,2021.The City and Ensemble continue to conduct necessary due diligence to finalize some remaining terms of the potential property disposition.Approval of the Fourth Amendment to the ENRA with Ensemble would provide an additional 65 days,with the possibility of one additional 30-day administrative extension upon discretion of the City Manager,for continued negotiations and due diligence on legal and financial risks to the City. DISCUSSION An ENRA extension will allow both the City and Ensemble to continue negotiating terms related to the legal and financial feasibility of the proposed project.Due to the complexity of the development of the site,approval City of South San Francisco Printed on 7/15/2021Page 1 of 2 powered by Legistar™ File #:21-558 Agenda Date:7/14/2021 Version:1 Item #:10. and financial feasibility of the proposed project.Due to the complexity of the development of the site,approval of the Fourth Amendment will allow an additional 65 days to continue site due diligence.The Amendment also allows for the possibility of one additional 30-day administrative extension upon City Manager approval.If the City and Ensemble are able to come to an agreement on the project,a PSA will be brought to the City Council for consideration prior to the termination of the ENRA for the disposition of the City-owned site. CONCLUSION The approval of the resolution will amend the ENRA between the City and Ensemble,allowing Ensemble to continue working with the City on the further development of the hotel for an additional 65 days,and finalize due diligence on legal and financial risks to the City.If the project is feasible and parties can come to an agreement,a Purchase and Sale Agreement and a Disposition Agreement would come before the City Council for consideration of approval. Attachments: 1.Site Map City of South San Francisco Printed on 7/15/2021Page 2 of 2 powered by Legistar™ 142\VWHU3RLQW 6SHFL¿F3ODQ$SSHQGL['HVLJQ*XLGHOLQHVSection 2 352326(''(9(/230(17February 23, 2011N3URSRVHG'HYHORSPHQW3URJUDP7KHSURSRVHGUHGHYHORSPHQWLQWKH2\VWHU3RLQW6SHFL¿F3ODQ'LVWULFWZLOOHQWDLODWRWDODUHDRIDSSUR[LPDWHO\DFUHVORFDWHGDWWKHHDVWHUQHQGRI2\VWHU3RLQW%RXOHYDUGLQ6RXWK6DQ)UDQFLVFR&DOLIRUQLD7KHUHGHYHORSPHQWLVLQWHQGHGWRLQFOXGH $QHZFRUSRUDWHFDPSXVZKLFKZLOOLQFOXGHRI¿FHUHVHDUFKDQGGHYHORSPHQW 5 ' EXLOGLQJVVWUXFWXUHGSDUNLQJDQGDFFHVVRU\XVHVDWWKHZHVWHUQSRUWLRQVRIWKHVLWH $VLWHWRDFFRPPRGDWHDIXWXUHKRWHOUHVWDXUDQWDQGRUUHWDLOnear the new Ferry TerminalPublic Open Space and Bay Trail ImprovementsMarina and Ferry Terminal serving amenities including parking, VKXWWOHGURSRIIDUHDVDQGZDWHUVLGHLPSURYHPHQWVTogether, these development components are described as the “Project.” The Project is intended to be developed in phases, as GHVFULEHGLQ6HFWLRQ ,PSOHPHQWDWLRQ 500’OpenSpace2I¿FH5 'Phase IOpen Space Future Hotel Site2I¿FH5 '3KDVH,92I¿FH5 'Phase III2I¿FH5 'Phase IIFerryTerminal 15Section 2 352326(''(9(/230(172\VWHU3RLQW 6SHFL¿F3ODQ$SSHQGL['HVLJQ*XLGHOLQHVFebruary 23, 2011ExistingParkingExistingBoatRampShuttle Bus Turn-around/ Drop-off at FerryFerryTerminalMarinaBlvdOysterPointBlvdReconfiguredParkingProposed Land UsesN500’/(*(1'2I¿FH5 '&DPSXVFuture Hotel SiteOpen Space/Bay Trail ImprovementsRecreation/Open SpaceProposed StreetsFuture Bay Trail Improvements([LVWLQJ%D\7UDLO%LNH3DWK1RWin ScopeBay trail City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-568 Agenda Date:7/14/2021 Version:1 Item #:10a. Resolution approving the Fourth Amendment to the Exclusive Negotiating Rights Agreement between Ensemble Investments, LLC and the City for a proposed hotel development at Oyster Point. WHEREAS,the City is the owner of certain real property (the “Property”)located in the City of South San Francisco,California,known as County Assessor’s Parcel Number (“APN”)015-010-970,and more particularly shown as Parcel 6 on Parcel Map 17-0002 attached as Exhibit A;and WHEREAS,on March 23,2011,the City Council approved the Oyster Point Specific Plan and certified the Phase 1 Project Environmental Impact Report which,among other things,planned for and analyzed the potential environmental impacts of developing a new,full-service hotel with up to 350 rooms and 40,000 square feet of retail uses on the Property; and WHEREAS,a Disposition and Development Agreement (“DDA”)was executed on March 23,2011,between Oyster Point Ventures,LLC,the South San Francisco Redevelopment Agency,and the City of South San Francisco for the master development of Oyster Point,including the potential development of a hotel on the Property; and WHEREAS,the developer obligations identified in the DDA were reassigned to KR Oyster Point,LLC (“Kilroy”)in 2018,and requires Kilroy to perform and complete certain site work,grading,and installation of infrastructure to prepare the Property for development; and WHEREAS,in 2018,the City selected Ensemble Investments,LLC (“Ensemble”)as the preferred developer for the project and authorized the City Manager to execute an ENRA with Ensemble, attached as Exhibit B; and WHEREAS,the City Council approved the First Amendment to the ENRA which extended the ENRA until November 25, 2020, attached as Exhibit C; and WHEREAS,the City Council approved the Second Amendment to the ENRA which extended the ENRA until April 23, 2021, attached as Exhibit D; and WHEREAS,the City Council approved the Third Amendment to the ENRA which extended the ENRA until July 22, 2021, attached as Exhibit E; and WHEREAS,the City and Ensemble have remaining terms that need to be negotiated before the City Council can consider the approval of a mutually agreed upon Purchase and Sale Agreement. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the CityCity of South San Francisco Printed on 7/15/2021Page 1 of 2 powered by Legistar™ File #:21-568 Agenda Date:7/14/2021 Version:1 Item #:10a. NOW,THEREFORE,BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby: 1.Authorizes the City Manager to execute the Fourth Amendment to the Exclusive Negotiating Rights Agreement with Ensemble Investments (Fourth Amendment),attached as Exhibit F,on behalf of the City in substantially the same form as attached hereto;to make any revisions,amendments,corrections and modifications to the Fourth Amendment,subject to the approval of the City Attorney,deemed necessary to carry out the intent of this Resolution and which do not materially alter or increase the City’s obligations thereunder; and 2.Authorizes the City Manager to take any other related actions consistent with the intent of the resolution. ***** City of South San Francisco Printed on 7/15/2021Page 2 of 2 powered by Legistar™ 142\VWHU3RLQW 6SHFL¿F3ODQ$SSHQGL['HVLJQ*XLGHOLQHVSection 2 352326(''(9(/230(17February 23, 2011N3URSRVHG'HYHORSPHQW3URJUDP7KHSURSRVHGUHGHYHORSPHQWLQWKH2\VWHU3RLQW6SHFL¿F3ODQ'LVWULFWZLOOHQWDLODWRWDODUHDRIDSSUR[LPDWHO\DFUHVORFDWHGDWWKHHDVWHUQHQGRI2\VWHU3RLQW%RXOHYDUGLQ6RXWK6DQ)UDQFLVFR&DOLIRUQLD7KHUHGHYHORSPHQWLVLQWHQGHGWRLQFOXGH $QHZFRUSRUDWHFDPSXVZKLFKZLOOLQFOXGHRI¿FHUHVHDUFKDQGGHYHORSPHQW 5 ' EXLOGLQJVVWUXFWXUHGSDUNLQJDQGDFFHVVRU\XVHVDWWKHZHVWHUQSRUWLRQVRIWKHVLWH $VLWHWRDFFRPPRGDWHDIXWXUHKRWHOUHVWDXUDQWDQGRUUHWDLOnear the new Ferry TerminalPublic Open Space and Bay Trail ImprovementsMarina and Ferry Terminal serving amenities including parking, VKXWWOHGURSRIIDUHDVDQGZDWHUVLGHLPSURYHPHQWVTogether, these development components are described as the “Project.” The Project is intended to be developed in phases, as GHVFULEHGLQ6HFWLRQ ,PSOHPHQWDWLRQ 500’OpenSpace2I¿FH5 'Phase IOpen Space Future Hotel Site2I¿FH5 '3KDVH,92I¿FH5 'Phase III2I¿FH5 'Phase IIFerryTerminal 15Section 2 352326(''(9(/230(172\VWHU3RLQW 6SHFL¿F3ODQ$SSHQGL['HVLJQ*XLGHOLQHVFebruary 23, 2011ExistingParkingExistingBoatRampShuttle Bus Turn-around/ Drop-off at FerryFerryTerminalMarinaBlvdOysterPointBlvdReconfiguredParkingProposed Land UsesN500’/(*(1'2I¿FH5 '&DPSXVFuture Hotel SiteOpen Space/Bay Trail ImprovementsRecreation/Open SpaceProposed StreetsFuture Bay Trail Improvements([LVWLQJ%D\7UDLO%LNH3DWK1RWin ScopeBay trail SECOND AMENDMENT TO EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT This Second Amendment to the Exclusive Negotiating Rights Agreement (this Second Amendment ) is made effective as of November 24, 2020 Effective Date by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation City ENSEMBLE INVESTMENTS, LLC, a California Limited Liability Developer Party or Parties RECITALS WHEREAS Property Parcel APN 015-010-970, and more particularly shown as Parcel 6 on Parcel Map 17-0002 recorded on September 25, 2017, attached hereto as Exhibit A, and incorporated herein by this reference; and, WHEREAS, at its meeting on April 11, 2018, the City approved an Exclusive Negotiating and directed staff to commence negotiating the terms of the project development and property disposition; and, WHEREAS, the initially proposed development proposal, as described in Exhibit B of the ENRA, included a development proposal which included a ground lease transaction for ground-up construction of a 243-room full service upper upscale hotel brand; and, WHEREAS, the Parties entered into the First Amendment to the ENRA on November 25, 2019; and WHEREAS, the City and Developer wish to extend the ENRA in order to finalize business terms, as described in Exhibit B of this Second Amendment, and extend the duration of time of the ENRA for an additional ninety-days; and, WHEREAS, City and Developer now desire to amend certain provisions of the ENRA, as set forth herein. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and incorporating all of the above as though set forth in full herein and in consideration of all the recitals, conditions and agreements contained herein, the parties agree to amend the ENRA as follows: 1. Amendment to ENRA. Section 3(a) of the ENRA is hereby deleted in its entirety and replaced with the following: SECOND AMENDMENT TO ENRA Page 2 of 6 a. The term of this Agreement () commences on the Effective Date of the Agreement, and will terminate ninety days after the effective date, or ________, 2021 unless extended or earlier terminated as provided herein. b. The Term of this Agreement may be extended for up to a maximum of two separate thirty (30) day periods in the discretion of the City Manager, or his/her designee. 2. Additional Extension Payment. In consideration for the right to exclusively negotiate during the term extension provided by this Second Amendment, Ensemble will pay an additional extension payment of $10,000. This payment will be credited towards any futur financial contributions toward soft costs associated with the Harborm redevelopment. 3. General Provisions. Each party hereto has received independent legal advice from its attorneys with respect to the advisability of executing this Second Amendment and the meaning of the provisions hereof. The provisions of this Second Amendment shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. Except as expressly amended pursuant to this Second Amendment, the terms and provisions of the Agreement shall remain unmodified and shall continue in full force and effect, and Buyer and Seller hereby ratify and affirm all their respective rights and obligations under the Agreement. Any capitalized terms not defined herein shall have the meaning ascribed to them in the Agreement. In the event of any conflict between this Second Amendment and the Agreement, this Second Amendment shall govern. The terms and provisions of this Second Amendment, together with the Agreement, shall constitute all of the terms and provisions to which Buyer and Seller have agreed with respect to the transaction governed hereby, and there are no other terms and provisions, oral or written, that apply to the Agreement and/or the Property other than as set forth in the Agreement as modified by this Second Amendment. The provisions of this Second Amendment shall apply to, be binding upon, and inure to the benefit of the parties hereto and to their respective successors and assigns. This Second Amendment may be executed in multiple counterparts, all of which shall constitute an original, and all of which together shall constitute a single instrument. Counterparts of this Second Amendment executed and delivered by facsimile, email or other means of electronic delivery shall constitute originals for all purposes. IN WITNESS WHEREOF, the parties have executed this Second Amendment as of the Effective Date. SIGNATURES ON FOLLOWING PAGES. SECOND AMENDMENT TO ENRA Page 3 of 6 CITY By: _______________________________ Mike Futrell City Manager ATTEST: By: _______________________________ City Clerk APPROVED AS TO FORM: By: _______________________________ City Attorney DEVELOPER By: _______________________________ APPROVED AS TO FORM: By: _______________________________ Counsel for Ensemble Investments SECOND AMENDMENT TO ENRA Page 4 of 6 Exhibit A Site Map SECOND AMENDMENT TO ENRA Page 5 of 6 Exhibit B REVISED DEVELOPMENT PROPOSAL Type of land use agreement Purchase and Sale Agreement and Development Agreement, with a fee simple sale Proposed land cost TBD Extension Payment $10,000 Duration of Extension 90 days Development Type Ground-up construction hotel Hotel Brand Full service, upper upscale or upscale hotel with: Complimentary services for hotel guests and the public, which may include restaurants, cafes, day spas, and similar Meeting and conference space Nationally-recognized brand with competitive travel rewards program Customizable design like other upper upscale or upscale hotel brands Proposed Height of Hotel Initial proposal included 9 floors, but additional due diligence would occur Proposed Number of Rooms One full service hotel with 341 rooms Proposed Food and Beverage Initial proposal included not less than 4,000 SF, but additional due diligence would occur Proposed Meeting Space Initial proposal included not less than 11,500 SF, but additional due diligence would occur SECOND AMENDMENT TO ENRA Page 6 of 6 Proposed Project Amenities Initial proposal included common area and open space of no less than 1.5 acres, but additional due diligence would occur Parking TBD Performance Milestones for: Negotiation of a Purchase and Sale Agreement Negotiation of a Development Agreement Master Schedule THIRD AMENDMENT TO EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT This Third Amendment to the Exclusive Negotiating Rights Agreement (this “Third Amendment”) is made effective as of April 23, 2021 (“Effective Date”) by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation (“City”), and ENSEMBLE INVESTMENTS, LLC, a California Limited Liability Company (“Developer”). City and Developer are each referred to as (“Party”) or collectively referred to as the (“Parties”). RECITALS WHEREAS, the City is the owner of certain real property (the “Property”) located in the City of South San Francisco, California, known as County Assessor’s Parcel Number (“APN”) 015-010-970, and more particularly shown as Parcel 6 on Parcel Map 17-0002 recorded on September 25, 2017, attached hereto as Exhibit A, and incorporated herein by this reference; and, WHEREAS, at its meeting on April 11, 2018, the City approved an Exclusive Negotiating Rights Agreement (“ENRA”) and directed staff to commence negotiating the terms of the project development and property disposition; and, WHEREAS, the initially proposed development proposal, as described in Exhibit B of the ENRA, included a development proposal for a ground lease transaction for ground- up construction of a 243-room full service upper upscale hotel brand; and, WHEREAS, the Parties entered into the First Amendment to the ENRA on November 25, 2019; and WHEREAS, the Parties entered into the Second Amendment to the ENRA on November 24, 2020; and WHEREAS, the City and Developer wish to extend the ENRA in order to finalize business terms, as described in Exhibit B of this Third Amendment, and extend the duration of time of the ENRA for an additional thirty-days; and, WHEREAS, City and Developer now desire to amend certain provisions of the ENRA, as set forth herein. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and incorporating all of the above as though set forth in full herein and in consideration of all the recitals, conditions and agreements contained herein, the parties agree to amend the ENRA as follows: 1. Amendment to ENRA. Section 3(a) of the ENRA is hereby deleted in its entirety and replaced with the following: DocuSign Envelope ID: 1CBC0848-52C1-44BA-94B1-1D3102C7AF23 THIRD AMENDMENT TO ENRA Page 2 of 6 a. The term of this Agreement (“Term”) commences on the Effective Date and will terminate on May 24, 2021, unless extended or earlier terminated as provided herein. b. The Term of this Agreement may be extended for up to a maximum of two separate thirty (30) day periods in the discretion of the City Manager, or his/her designee. 2. Additional Extension Payment. In consideration for the right to exclusively negotiate during the term extension provided by this Third Amendment, Ensemble will pay an additional extension payment of $10,000. This payment will be immediately applied to Ensemble’s financial contributions toward soft costs associated with the Harbormaster Spit (“Spit”) redevelopment. 3. General Provisions. Each party hereto has received independent legal advice from its attorneys with respect to the advisability of executing this Third Amendment and the meaning of the provisions hereof. The provisions of this Third Amendment shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in question. Except as expressly amended pursuant to this Third Amendment, the terms and provisions of the Agreement shall remain unmodified and shall continue in full force and effect, and Buyer and Seller hereby ratify and affirm all their respective rights and obli gations under the Agreement. Any capitalized terms not defined herein shall have the meaning ascribed to them in the Agreement. In the event of any conflict between this Third Amendment and the Agreement, this Third Amendment shall govern. The terms and provisions of this Third Amendment, together with the Agreement, shall constitute all of the terms and provisions to which Buyer and Seller have agreed with respect to the transaction governed hereby, and there are no other terms and provisions, oral or written, that apply to the Agreement and/or the Property other than as set forth in the Agreement as modified by this Second Amendment. The provisions of this Third Amendment shall apply to, be binding upon, and inure to the benefit of the parties hereto and to their respective successors and assigns. This Third Amendment may be executed in multiple counterparts, all of which shall constitute an original, and all of which together shall constitute a single instrument. Counterparts of this Third Amendment executed and delivered by facsimile, email or other means of electronic delivery shall constitute originals for all purposes. IN WITNESS WHEREOF, the parties have executed this Third Amendment as of the Effective Date. SIGNATURES ON FOLLOWING PAGES. DocuSign Envelope ID: 1CBC0848-52C1-44BA-94B1-1D3102C7AF23 THIRD AMENDMENT TO ENRA Page 3 of 6 CITY By: _______________________________ Mike Futrell City Manager ATTEST: By: _______________________________ City Clerk APPROVED AS TO FORM: By: _______________________________ City Attorney DEVELOPER By: _______________________________ APPROVED AS TO FORM: By: _______________________________ Counsel for Ensemble Investments DocuSign Envelope ID: 1CBC0848-52C1-44BA-94B1-1D3102C7AF23 THIRD AMENDMENT TO ENRA Page 4 of 6 Exhibit A Site Map DocuSign Envelope ID: 1CBC0848-52C1-44BA-94B1-1D3102C7AF23 THIRD AMENDMENT TO ENRA Page 5 of 6 Exhibit B REVISED DEVELOPMENT PROPOSAL Type of land use agreement Purchase and Sale Agreement and Development Agreement, with a fee simple sale Proposed land cost TBD Extension Payment $10,000 Duration of Extension 30 days Development Type Ground-up construction hotel Hotel Brand Full service, upper upscale or upscale hotel with: Complementary services for hotel guests and the public, which may include restaurants, cafes, day spas, and similar Meeting and conference space Nationally-recognized brand with competitive travel rewards program Customizable design like other upper upscale or upscale hotel brands Proposed Height of Hotel Initial proposal included 9 floors, but additional due diligence would occur Proposed Number of Rooms One full service hotel with 341 rooms Proposed Food and Beverage Initial proposal included not less than 4,000 SF, but additional due diligence would occur Proposed Meeting Space Initial proposal included not less than 11,500 SF, but additional due diligence would occur DocuSign Envelope ID: 1CBC0848-52C1-44BA-94B1-1D3102C7AF23 THIRD AMENDMENT TO ENRA Page 6 of 6 Proposed Project Amenities Initial proposal included common area and open space of no less than 1.5 acres, but additional due diligence would occur Parking TBD Performance Milestones for: Negotiation of a Purchase and Sale Agreement Negotiation of a Development Agreement Master Schedule 3740381.1 DocuSign Envelope ID: 1CBC0848-52C1-44BA-94B1-1D3102C7AF23 FOURTH AMENDMENT TO EXCLUSIVE NEGOTIATING RIGHTS AGREEMENT This Fourth Amendment to the Exclusive Negotiating Rights Agreement (this “Fourth Amendment”) is made effective as of July 22, 2021 (“Effective Date”) by and between the CITY OF SOUTH SAN FRANCISCO, a municipal corporation (“City”), and ENSEMBLE INVESTMENTS, LLC, a California Limited Liability Company (“Developer”). City and Developer are each referred to as (“Party”) or collectively referred to as the (“Parties”). RECITALS WHEREAS, the City is the owner of certain real property (the “Property”) located in the City of South San Francisco, California, known as County Assessor’s Parcel Number (“APN”) 015-010-970, and more particularly shown as Parcel 6 on Parcel Map 17-0002 recorded on September 25, 2017, attached hereto as Exhibit A, and incorporated herein by this reference; and, WHEREAS, at its meeting on April 11, 2018, the City approved an Exclusive Negotiating Rights Agreement (“ENRA”) and directed staff to commence negotiating the terms of the project development and property disposition; and, WHEREAS, the initially proposed development proposal, as described in Exhibit B of the ENRA, included a development proposal which included a ground lease transaction for ground-up construction of a 243-room full service upper upscale hotel brand; and, WHEREAS, the Parties entered into the First Amendment to the ENRA on November 25, 2019; and WHEREAS, the Parties entered into the Second Amendment to the ENRA on November 24, 2020; and WHEREAS, the Parties entered into the Third Amendment to the ENRA on April 23, 2021; and WHEREAS, the City and Developer wish to extend the ENRA in order to finalize additional business terms, as described in Exhibit B of this Fourth Amendment, and extend the duration of time of the ENRA for an additional sixty-five days; and, WHEREAS, City and Developer now desire to amend certain provisions of the ENRA, as set forth herein. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, and incorporating all of the above as FOURTH AMENDMENT TO ENRA Page 2 of 6 though set forth in full herein and in consideration of all the recitals, conditions and agreements contained herein, the parties agree to amend the ENRA as follows: 1. Amendment to ENRA. Section 3(a) of the ENRA is hereby deleted in its entirety and replaced with the following: a. The term of this Agreement (“Term”) commences on the Effective Date of the Agreement, and will terminate sixty-five days after the effective date, or September 25, 2021 unless extended or earlier terminated as provided herein. b. The Term of this Agreement may be extended for up to a maximum of one separate thirty (30) day period in the discretion of the City Manager, or his/her designee. 2. General Provisions. Each party hereto has received independent legal advice from its attorneys with respect to the advisability of executing this Fourth Amendment and the meaning of the provisions hereof. The provisions of this Fourth Amendment shall be construed as to the fair meaning and not for or against any party based upon any attribution of such party as the sole source of the language in qu estion. Except as expressly amended pursuant to this Fourth Amendment, the terms and provisions of the Agreement shall remain unmodified and shall continue in full force and effect, and Buyer and Seller hereby ratify and affirm all their respective rights and obligations under the Agreement. Any capitalized terms not defined herein shall have the meaning ascribed to them in the Agreement. In the event of any conflict between this Fourth Amendment and the Agreement, this Fourth Amendment shall govern. The terms and provisions of this Fourth Amendment, together with the Agreement, shall constitute all of the terms and provisions to which Buyer and Seller have agreed with respect to the transaction governed hereby, and there are no other terms and provisions, oral or written, that apply to the Agreement and/or the Property other than as set forth in the Agreement as modified by this Fourth Amendment. The provisions of this Fourth Amendment shall apply to, be binding upon, and inure to the benefit of the parties hereto and to their respective successors and assigns. This Fourth Amendment may be executed in multiple counterparts, all of which shall constitute an original, and all of which together shall constitute a single instrument. Counterparts of this Fourth Amendment executed and delivered by facsimile, email or other means of electronic delivery shall constitute originals for all purposes. IN WITNESS WHEREOF, the parties have executed this Fourth Amendment as of the Effective Date. SIGNATURES ON FOLLOWING PAGES. FOURTH AMENDMENT TO ENRA Page 3 of 6 CITY By: _______________________________ Mike Futrell City Manager ATTEST: By: _______________________________ City Clerk APPROVED AS TO FORM: By: _______________________________ City Attorney DEVELOPER By: _______________________________ APPROVED AS TO FORM: By: _______________________________ Counsel for Ensemble Investments FOURTH AMENDMENT TO ENRA Page 4 of 6 Exhibit A Site Map FOURTH AMENDMENT TO ENRA Page 5 of 6 Exhibit B DEVELOPMENT PROPOSAL Type of land use agreement Purchase and Sale Agreement and Development Agreement, with a fee simple sale Proposed land cost TBD Duration of Extension 65 days Development Type Ground-up construction hotel Hotel Brand Full service, upper upscale or upscale hotel with: Complimentary services for hotel guests and the public, which may include restaurants, cafes, day spas, and similar Meeting and conference space Nationally-recognized brand with competitive travel rewards program Customizable design like other upper upscale or upscale hotel brands Proposed Height of Hotel Initial proposal included 9 floors, but additional due diligence would occur Proposed Number of Rooms One full service hotel with 341 rooms Proposed Food and Beverage Initial proposal included not less than 4,000 SF, but additional due diligence would occur Proposed Meeting Space Initial proposal included not less than 11,500 SF, but additional due diligence would occur FOURTH AMENDMENT TO ENRA Page 6 of 6 Proposed Project Amenities Initial proposal included common area and open space of no less than 1.5 acres, but additional due diligence would occur Parking TBD Performance Milestones for: Negotiation of a Purchase and Sale Agreement Negotiation of a Development Agreement Master Schedule City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-562 Agenda Date:7/14/2021 Version:1 Item #: Report regarding a resolution approving Amendment No.7 to the Employment Agreement between Michael Futrell and the City of South San Francisco.(Sky Woodruff, City Attorney) RECOMMENDATION It is recommended that the City Council adopt a resolution approving Amendment No.7 to the Employment Agreement between Michael Futrell and the City of South San Francisco. BACKGROUND/DISCUSSION The City Council requested an amendment to the employment agreement with C. Michael Futrell to modify Mr. Futrell’s annual base salary by three percent (3%), to $307,590.40, effective April 28, 2021, and to extend the term of the agreement by one year to April 7, 2025 The proposed amendment number seven is attached to the associated resolution as Exhibit A. The proposed change in Mr. Futrell’s compensation is consistent with cost of living adjustments made to the compensation of all other City employees. City of South San Francisco Printed on 7/15/2021Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-563 Agenda Date:7/14/2021 Version:1 Item #:11a. Resolution approving Amendment No. 7 to the Employment Agreement between Michael Futrell and the City of South San Francisco. WHEREAS, on March 12, 2014, the City Council approved by resolution an employment agreement with Michael Futrell for services as City Manager of the City of South San Francisco, and Executive Director of the Successor Agency to the Redevelopment Agency of the City of South San Francisco (“Employment Agreement”); and WHEREAS, on June 24, 2015, the City of South San Francisco approved Amendment No. 1 to the Employment Agreement; and WHEREAS, on July 13, 2016, the City of South San Francisco approved Amendment No. 2 to the Employment Agreement; and WHEREAS, on August 9, 2017, the City of South San Francisco approved Amendment No. 3 to the Employment Agreement; and WHEREAS, on April 25, 2018, the City of South San Francisco approved Amendment No. 4 to the Employment Agreement; WHEREAS, on April 24, 2019, the City of South San Francisco approved Amendment No. 5 to the Employment Agreement; and WHEREAS, on November 24, 2020, the City of South San Francisco approved Amendment No. 6 to the Employment Agreement; and WHEREAS, the City of South San Francisco and Michael Futrell hereto desire to further amend the Employment Agreement. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco, that Amendment No. 7 to the Employment Agreement, attached hereto as Exhibit A, is hereby approved. BE IT FURTHER RESOLVED that the Mayor is hereby authorized to execute said Amendment No. 7 to the Employment Agreement on behalf of the City of South San Francisco, subject to approval as to form by the City Attorney. ***** City of South San Francisco Printed on 7/15/2021Page 1 of 2 powered by Legistar™ File #:21-563 Agenda Date:7/14/2021 Version:1 Item #:11a. City of South San Francisco Printed on 7/15/2021Page 2 of 2 powered by Legistar™ 1 AMENDMENT NO. 7 TO THE EMPLOYMENT AGREEMENT BETWEEN MICHAEL FUTRELL AND THE CITY OF SOUTH SAN FRANCISCO RECITALS WHEREAS, on March 12, 2014, the City of South San Francisco, a municipal corporation (“Employer”) and Michael Futrell (“Employee”) entered into an Employment Agreement for services as City Manager of the City of South San Francisco and Executive Director of the Successor Agency to the Redevelopment Agency of the City of South San Francisco (“Employment Agreement”); and WHEREAS, the parties have previously entered into Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, and Amendment No. 6 to the Employment Agreement; and WHEREAS, the parties now seek to further amend the Employment Agreement to modify the terms. NOW, THEREFORE, the parties hereto agree as follows: 1. Section 1(A) of the Employment Agreement is hereby amended to read as follows: A. This Agreement shall remain in full force in effect from April 7, 2014 through April 6, 2025, unless terminated by the Employer or Employee as provided in Section 9 or Section 11 of this Agreement. 2. Section 3(A) of the Employment Agreement is hereby amended to read as follows: A. Base Salary: Employer agrees to pay Employee an annual base salary of three hundred and seven thousand, five hundred and ninety dollars, and forty cents ($307,590.40), effective April 28, 2021, payable in installments at the same time that the other management employees of the Employer are paid. All other terms of the Employment Agreement, Amendment No. 1, Amendment No. 2, Amendment No. 3, Amendment No. 4, Amendment No. 5, and Amendment No. 6 that are not modified by this Amendment No. 7 shall remain in full force and effect. [SIGNATURES ON FOLLOWING PAGE] 2 ____________________________________ Mayor City of South San Francisco ____________________________________ Michael Futrell ATTEST: ___________________________ City Clerk APPROVED AS TO FORM: __________________________ City Attorney 3811128.1 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-544 Agenda Date:7/14/2021 Version:1 Item #:12. Report regarding a public hearing to receive input from the community regarding the redrawing of election district boundaries and approving redistricting schedule.(Rosa Govea Acosta,City Clerk and Kristen Parks, National Demographics Corporation) RECOMMENDATION It is recommended that the City Council:1)receive a report on the redistricting process and permissible criteria to be considered to redraw district boundaries;2)conduct a public hearing to receive public input on district boundaries; and 3) approve redistricting schedule. BACKGROUND/DISCUSSION Every ten years,cities with by-district election systems must use new census data to review and,if needed, redraw district lines to reflect how local populations have changed.This process,called redistricting,ensures all districts have nearly equal population.The redistricting process for the City of South San Francisco must be completed by April 17, 2022. The city adopted its current district boundaries on July 11,2018 based on 2010 census data as required by law. The districts must now be redrawn using the 2020 census data and in compliance with the FAIR MAPS Act, which was adopted by the California legislature as AB 849 and took effect January 1, 2020. Under the Act,the council must draw and adopt boundaries using the following criteria in the listed order of priority (Elec. Code §21601) for general law cities: 1. Comply with federal requirements of equal population and the Voting Rights Act 2. Geographically contiguous 3. Undivided neighborhoods and “communities of interest” 4. Easily identifiable boundaries 5. Compact (do not bypass one group of people to get to a more distant group of people) 6. Shall not favor or discriminate against a political party By law,the city must hold at least four public hearings,at an affixed time,to inform the public about the process and solicit community member input before adopting a final map: ·At least one public hearing before Council draws a map. ·At least two public hearings must happen after Council draws map. ·At least one hearing, or workshop/community meeting, must be held on a Saturday or Sunday. The public is requested to provide input regarding communities of interest and other local factors that should be considered while drafting district maps.A community of interest under the relevant Elections Code for cities (Section 21601(c),21621(c))is a “population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation.” City of South San Francisco Printed on 7/15/2021Page 1 of 3 powered by Legistar™ File #:21-544 Agenda Date:7/14/2021 Version:1 Item #:12. Possible features defining community of interest might include, but are not limited to: · School attendance areas; · Natural dividing lines such as major roads, hills, or highways; · Areas around parks and other neighborhood landmarks; · Common issues, neighborhood activities, or legislative/election concerns; and · Shared demographic characteristics, such as: -Similar levels of income, education, or linguistic insolation; -Languages spoken at home; and -Single-family and multi-family housing unit areas The public is encouraged to provide input via email at redistricting@ssf.net. PROPOSED REDISTRICTING SCHEDULE The proposed schedule for the redistricting process is outlined in the chart below.As directed by Council,the City Clerk's office will begin outreach to the community and attend scheduled city events to allow the community to participate in the process.Community members that require translation services,including American Sign Language, may solicit these services in advance (72-hours) to the City Clerk's office. Date Details July 14, 2021 1st Public Hearing to educate the public on the redistricting process and solicit input on “communities of interest” Mid-August 2021 Expected release of 2020 Census data End of September 2021 Expected release of California adjusted data December 1, 2021 Community Workshop at 6:30 p.m. December 22, 2021 2nd Public Hearing to educate the public on the redistricting process and solicit input on “communities of interest” January 18, 2022 Final deadline to submit maps for consideration January 26, 2022 3rd Public Hearing to discuss and revise draft maps February 23, 2022 4th Public Hearing to discuss and revise draft maps March 9, 2022 Adopt final map as ordinance November 8, 2022 District election with new districts MAPPING TOOLS NDC will provide paper maps for community members to submit and assist with the launch of Caliper’s Maptitude Online Redistricting mapping tool,that enables residents to draw neighborhood and "community of interest"boundaries in the comfort of their homes.Draft maps will be posted on the city’s Redistricting website for public viewing. City of South San Francisco Printed on 7/15/2021Page 2 of 3 powered by Legistar™ File #:21-544 Agenda Date:7/14/2021 Version:1 Item #:12. NEXT STEPS The City Council will conduct a Public Hearing tonight to seek additional public input on communities of interest,the composition of maps,and to approve the redistricting schedule.Following the hearing,members of the public can begin drafting maps using the public mapping tools which will be posted to the website.To assist in drawing maps,the city’s demographer will provide estimated population counts until the final prisoner- adjusted population counts are released by the state, which is expected to be in October. FISCAL IMPACT There is no fiscal impact associated with holding this public hearing. CONCLUSION It is recommended that the City Council:1)receive a report from staff and the demographer on the redistricting process and permissible criteria to be considered to redraw district boundaries;2)conduct a public hearing to receive public input on district boundaries; and 3) approve redistricting schedule. City of South San Francisco Printed on 7/15/2021Page 3 of 3 powered by Legistar™ July 14, 2021 1 2021 Redistricting Kristen Parks, National Demographics Corp. City of South San Francisco July 14, 2021 2 Date Event March 6, 2018 City received letter claiming violation of the California Voting Rights Act (CVRA)because Council members were elected at-large rather than by districts April 11, 2018 Council passed resolution to change to district elections July 11, 2018 Council passed ordinance approving new district boundaries 2020 First by-district elections in two districts 2021 Districts will be redrawn to reflect 2020 Census data 2022 First by-district elections in remaining three districts Districting vs. Redistricting July 14, 2021 3 Current District Map (2018) July 14, 2021 4 2021 Redistricting Timeline Date Actions July 14, 2021 1st Public Hearing to educate the public on the redistricting process and solicit input on “communities of interest” Mid-August 2021 Expected release of 2020 Census data End of September Expected release of California adjusted data December 1, 2021 Community Workshop December 22, 2021 2nd Public Hearing to educate the public on the redistricting process and solicit input on “communities of interest” January 18, 2022 Final deadline to submit maps for consideration January 26, 2022 3rd Public Hearing to discuss and revise draft maps February 23, 2022 4th Public Hearing to discuss and revise draft maps March 9, 2022 Adopt final map as ordinance November 8, 2022 First election with new map July 14, 2021 5 Legal Requirements & Other Goals 1.Ensure geographic contiguity 2.Minimize division of neighborhoods & “communities of interest” 3.Create easily identifiable boundaries 4.Maintain compactness Do not “favor or discriminate against a political party” Ensure equal population Comply with federal Voting Rights Act Prevent racial gerrymandering 3. Other Goals2. California Law •Minimize changes to election cycles •Respect voters’ choices •Preserve core of existing districts •Anticipate future growth 1. Federal Law Do not bypass a nearby population to take in a more distant population July 14, 2021 6 Defining Neighborhoods What is your neighborhood? What are its geographic boundaries? Examples of physical features defining a neighborhood boundary: Natural neighborhood dividing lines, such as highway or major roads, rivers, canals and/or hills Areas around parks or schools Other neighborhood landmarks In the absence of public testimony, planning records and other similar documents may provide definition. July 14, 2021 7 Beyond Neighborhoods: Defining “Communities of Interest” Under California Elections Code, “community of interest” has a very specific definition in the context of redistricting: Definitions of “communities of interest” do not include relationships with political parties, incumbents, or political candidates. A “community of interest”is a population that shares common social or economic interests that should be included within a single district for purposes of its effective and fair representation. July 14, 2021 8 What Defines YOUR Community? Ask yourself… →Would my community be best represented within a single district? What brings us together?Where are we? Common social or economic interests Shared characteristics or experiences Similar issues or impacts of city policies +Physical boundaries, such as highways or major roads, waterways, hills, etc. Areas around parks, schools, or other landmarks July 14, 2021 9 Demographic Summary of Existing Districts Estimates using official 2020 demographic data and NDC’s estimated total population figures. Each of the 5 districts must contain about 13,500 people. South San Francisco -Current Districts District 1 2 3 4 5 Total 2020 2020 Est. Total Pop 13,100 13,504 14,278 14,124 12,531 67,538 Deviation from ideal -407 -4 770 617 -976 1,746 % Deviation -3.01%-0.03%5.70%4.57%-7.23%12.93% 2010 Total Pop % Hisp 31%10%42%26%62%34% % NH White 24%13%22%37%13%22% % NH Black 3%4%2%2%2%3% % Asian-American 38%69%30%31%18%37% Citizen Voting Age Pop Total 9,541 9,767 9,936 10,985 6,894 47,122 % Hisp 25%10%39%23%48%28% % NH White 30%13%23%38%15%25% % NH Black 1%5%2%2%5%3% % Asian/Pac.Isl.42%70%35%37%32%44% Immigration immigrants 35%52%40%32%42%40% naturalized 72%77%69%79%56%71% Language spoken at home english 53%37%39%56%30%43% spanish 18%8%34%12%48%23% asian-lang 25%48%22%23%16%27% other lang 4%7%5%9%5%6% Education (among those age 25+) hs-grad 41%33%42%45%48%42% bachelor 29%34%25%26%16%26% graduatedegree 11%12%8%10%6%9% Child in Household child-under18 26%31%33%28%42%32% Housing Stats single family 63%72%69%81%59%69% multi-family 37%28%31%19%41%31% rented 41%21%46%32%57%39% owned 59%79%54%68%43%61% Total population data from the 2010 Decennial Census. Surname-based Voter Registration and Turnout data from the California Statewide Database. Latino voter registration and turnout data are Spanish-surname counts adjusted using Census Population Department undercount estimates. NH White and NH Black registration and turnout counts estimated by NDC. Citizen Voting Age Pop., Age, Immigration, and other demographics from the 2014- 2018 American Community Survey and Special Tabulation 5-year data. July 14, 2021 Latino CVAP July 14, 2021 Asian-American CVAP July 14, 2021 % Spanish Language July 14, 2021 % Asian Language July 14, 2021 % Renters July 14, 2021 % Higher Income July 14, 2021 16 Public Mapping Tools These tools are designed as ways to empower residents. There is no requirement to use them. Use the paper map, the online tool, or any other map Draw your community of interest, draw the district you want for your area, or draw an entire citywide map July 14, 2021 17 Caliper’s “Maptitude Online Redistricting” Powerful Online Mapping Tool ‣Popular, data-rich online tool ‣Six language options: English, Spanish, Portuguese, Vietnamese, Mandarin and Korean July 14, 2021 Public Hearing & Discussion What is your neighborhood and what are its boundaries? What is your “community of interest” and what are its boundaries? What other notable areas are in the City, and what are their boundaries? City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-529 Agenda Date:7/14/2021 Version:1 Item #:13. Report regarding adoption of a resolution approving the creation of South San Francisco’s Guaranteed Income pilot program and approving budget amendment number 22.011 appropriating $800,000 in American Rescue Plan Act funds.(Christina Fernandez,Assistant to the City Manager,Nell Selander,Deputy Director of Economic & Community Development, and Jane Chandler, YMCA) *Due to the need to incorporate exhibits and graphics, please find the staff report attached. City of South San Francisco Printed on 7/9/2021Page 1 of 1 powered by Legistar™ 1 City of South San Francisco Staff Report P.O. Box 711 City Hall 400 Grand Avenue South San Francisco, CA File #: Agenda Date: 0 7 / 1 4 / 2 1 Version: Item: TITLE Report regarding adoption of a resolution approving the creation of South San Francisco’s Guaranteed Income pilot program and approving budget amendment number 22.011 appropriating $800,000 in American Rescue Plan Act funds. (Christina Fernandez, Assistant to the City Manager, Nell Selander, Deputy Director of Economic & Community Development, and Jane Chandler, YMCA) RECOMMENDATION Staff recommends City Council adopt a resolution approving the creation of South San Francisco’s Guaranteed Income Pilot program and approving budget amendment number 22.011 appropriating $800,000 in American Rescue Plan Act funds. BACKGROUND A resilient community in need South San Francisco remains one of the most diverse cities in the region. Historically a working- class city with a large Italian immigrant population, South San Francisco now welcomes immigrants from Latin America, Asia, and all over the world. Approximately 80% of households in South San Francisco are households of color and 58% of residents speak a language other than English at home. Poverty disproportionately affects our most vulnerable populations – children and families of color. The majority of our Latinx community live in the two lowest income census tracts in South San Francisco, in the Downtown and Old Town neighborhoods. The Latinx community in South San Francisco consists of many frontline and service industry workers who have been hard hit by the Covid-19 pandemic. The federal poverty rate for a single person is $12,800 and $26,500 for a family of four. The poverty rates are 12 and 14% respectively for these two census tracts, however, Stanford’s Center for Poverty and Inequality finds the poverty rate to be somewhere between 20-40% when the high cost of housing is taken into consideration. Many South San Francisco families struggle financially. The County of San Mateo’s Community Collaboration for Children’s Success (CCCS) found that parents in South San Francisco emphasized in a targeted survey their struggles to meet basic needs due to the high cost of housing despite working one or more job. The maps below (Exhibit A and B) illustrate that areas in South San Francisco with the highest poverty rate (more than 30%) also have one of the lowest unemployment rates (below 6%), because wages that residents earn are insufficient to make ends meet. CCCS surveyed South San Francisco youth and parents/caregivers and found the most pressing needs included: • High cost of living/housing 2 • Lack of a living wage • Mental health and substance issues • Not enough affordable or free afterschool, weekend, and summer activities or preschool • Lack of supportive adults Exhibit A Exhibit B Racial and social inequities remain in our youth systems. While only 8% of San Mateo County’s children and youth live in South San Francisco, 15% of Juvenile Probation’s clients and 9% of youth served by Behavioral Health and Recovery Services live in the city. Suspension i s another barrier to academic success. African American (1% of population; 17% of suspensions), American/Indian/Alaska Native (0.2% of population; 6% of suspensions), and Pacific Islander (2% of population; 8% of suspensions) students are disproportionately suspended compared to 3 their peers in other racial and ethnic groups within South San Francisco Unified. Five schools in the South San Francisco Unified School District are Title I and approximately 38% of students participate in the free or reduced meal program. Approximately 40.8% of students are considered socioeconomically disadvantaged. The Metropolitan Transportation Commission (MTC) labeled South San Francisco as a Community of Concern. A diverse city with pockets of low income, high need neighborhoods vulnerable to displacement. Many families struggle to meet basic needs due to the high cost of living and low wages. In 2000, approximately 29.6% of renters were cost burdened, spending more than 30% of their income on housing costs. In 2017, that number rose to 43.1% of renters. This increase is also reflected to a lesser extent for homeowners with 47.3% of homeowners cost burdened, up from 42.5% in 2000. Currently, staff estimate there are between 400 and 900 households in South San Francisco that are behind on rent, in large part due to the negative economic impacts of the Covid-19 pandemic. High housing costs and low wages equate to deep pockets of poverty in our most vulnerable neighborhoods. The median household income for a Latinx resident is $68,939 or 84% of the median household income for a white resident ($82,942), and only 64% of the median household income for Asian residents ($108,582). (Exhibit C) Exhibit C South San Francisco has much lower rates of Latinx businessowners compared to other ethnicities in the City. South San Francisco has 3.5 Latinx businessowners per 1,000 Latinx residents compared to 4.4 Latinx businessowners in California and 6.9 Latinx businessowners in San Mateo County. Comparatively, there are 28.4 Asian businessowners and 38.8 White business owners per 1,000 residents in South San Francisco. Known as the Industrial City, many longtime South San Francisco residents relied on middle- wage jobs to make ends meet. Unfortunately, these middle wage jobs are the least available in the Bay Area and are in decline. Approximately 20% of all jobs in the Bay Area are middle 4 wage. High and low wage jobs split the difference at 40% respectively. The City of South San Francisco is Anti-Poverty The City Council stepped up in big ways to provide a social safety net for our residents during the Covid-19 pandemic. The pre-existing challenges and systemic inequities were exacerbated by the negative economic impacts of Covid-19. As emergency shelter-in-place orders were put in place and businesses shuttered, residents struggled to meet the basic needs of their families including rent, food security, employment, and remote learning. The City provides a multi -pronged approach to meet our community’s needs as well as to break the cycle of poverty (Exhibit D). By breaking this cycle, the City can ensure economic security now and for future generations and enable everyone to join the knowledge economy and succeed in Silicon Valley. The approaches are described below with the last economic development tool, Guaranteed Income, provided in more detail. Affordable Housing South San Francisco provides affordable housing in a number of ways: 1) requiring inclusionary affordable housing units in market rate residential developments; 2) collecting an affordable housing impact fee from commercial developers building office, R&D, hotels, and retails; and 3) funding rental assistance programs through the City’s core service agency, the YMCA. The first two approaches focus on housing production and are responsible for a creating a robust affordable housing pipeline. The third is focused on stabilization and homelessness prevention. Rental/Food Assistance During the pandemic several County, City, South San Francisco Unified School District, and non- profit initiatives have been initiated to help address food insecurity in the community. Efforts have included large drive-through food box distribution events led by Second Harvest and staffed with volunteers, the YMCA, and city staff; a targeted food box delivery program for seniors, funded through donations and run by city staff; expansion of the School District’s free lunch program formatted for pick-up; and a number of neighborhood volunteer and small business food donation programs. The County of San Mateo ran the Great Plates program, funded with federal disaster relief funds. This program was targeted at homebound residents without resources and support to shop for groceries and prepare meals. Utilizing local restaurants, three meals per day were delivered five days a week to 765 South San Francisco residents. This program ended on Friday, July 9, however the County is funding a transitional home-delivered food program for approximately 150 high need South San Francisco residents. Workforce Development South San Francisco has engaged JobTrain, a region-serving nonprofit specializing in workforce development services, to serve at least 100 low income South San Francisco residents annually. JobTrain’s case management driven services aim to stabilize unemployed and underemployed people and their households, assist with rapid reemplo yments, skills upgrades and job readiness, 5 job placement, and career training. Universal Pre-K/Digital Divide The demand for affordable childcare services, including preschool, before and after school care, and summer camp outpaced supply prior to Covid-19. The closure of a number of sites during the pandemic has exacerbated the problem. The City is in the process of creating a Childcare Masterplan to identify existing facilities and programs, research federal and state proposals to implement universal preschool, and evaluate options for expanding city programs and supporting outside providers. South San Francisco is one of the few cities in the Bay Area which requires that developers pay a Childcare Impact Fee, which may be utilized to create additional childcare spaces. Guaranteed Income Guaranteed Income is one of the many tools in the City’s multi-pronged approach at combatting poverty and is a direct response to the negative impacts of the Covid -19 pandemic. The monthly support received by residents hardest hit by the Covid-19 pandemic will reduce the income volatility many households face, allowing them the opportunity to find full time employment and pursue training. As demonstrated in Stockton, Guaranteed Income alleviates financial scarcity creating new opportunities for self-determination, choice, goal setting, and risk taking. Exhibit D Jain Family Institute, a leader in Guaranteed Income program design, defined Guaranteed Income as “A type of cash transfer program that provides continuous unconditional cash transfers to individuals or households. This differs from typical social safety net policies by providing a steady, predictable stream of cash to recipients to spend however they see fit without limitations.” Direct cash payments are seen as an anti-poverty tool that provides recipients the flexibility to prioritize their needs and spend the money where they need it most. 6 As the nation’s first mayor-led guaranteed income demonstration program, Stockton’s Economic Empowerment Demonstration (SEED) program provided 125 randomly selected residents $500 a month for 24 months. The cash was completely unconditional, with no strings attached and no work requirements. SEED’s findings validate the success of the guaranteed income demonstration program. Key findings of Stockton’s demonstration include: • Guaranteed Income reduced income volatility, or the month to month fluctuations that households face • Unconditional case enabled recipients to find full time employment • Recipients were healthier, showing less depression and anxiety and enhanced wellbeing • Guaranteed Income alleviated financial scarcity creating new opportunities for self- determination, choice, goal setting, and risk taking. SEED allowed participants the financial stability to take time off of work to pursue full time employment, and the agency to complete internships, training, or coursework. In February 2019, 28% of SEED recipients had full time employment. One year later, 40% of recipients were employed full time. In contrast, a control group established to evaluate SEED recipients’ progress against saw only a 5% increase in full time employment over the same one-year period. Another prominent leader in the guaranteed income space, Mayors for a Guaranteed Income (MGI), started with just 11 mayors in June 2020 and has since grown to over 50 mayors in less than one year. The number of Guaranteed Income programs nationwide continues to grow. The guaranteed income programs in California tend to focus on targeted vulnerable populations. In Oakland, the Abundant Birth Project focuses on Black mothers; in San Francisco, they focus on struggling artists, and in Santa Clara County, their guaranteed income program f ocused on youth transitioning out of the foster care system. The City of South San Francisco is the first city in San Mateo County to consider creating a guaranteed income program and as such, was asked to share our lessons learned with the Mayor and staff at the City of Mountain View. Vice Mayor Nagales and City staff met with the City of Mountain View to share our experiences in program design and philanthropy. The Mountain View City Council appropriated $1,000,000 in American Rescue Plan Act (ARPA) funds for a guaranteed income program. Mountain View staff indicate launching a guaranteed income program in 2022. An increasing number of cities are launching guaranteed income demonstrations. MGI indicate that 50 Mayors have signed up their cities as launching or exploring a guaranteed income demonstration. As guaranteed income becomes more mainstream, many municipalities are utilizing federal funds such as CARES Act or American Rescue Plan Act (ARPA) funds to initiate local guaranteed income demonstrations. The following cities are utilizing public dollars to finance their guaranteed income programs: • Mountain View, CA $1,000,000 ARPA funds • St. Paul, MN $120,000 CARES Act • Richmond, VA $120,000 CARES Act 7 • Yolo County, CA $75,000 State’s Office of Child Abuse Prevention; $100,000 Cannabis Tax • Los Angeles, CA $6,000,000 General Fund • Chicago, IL $30,000,000 ARPA funds The Department of the Treasury released its Interim Final Rule on the Coronavirus State and Local Fiscal Recovery Funds (31 CFR Part 35) which states that “Assistance to households facing negative economic impacts due to COVID-19 is also an eligible use. This includes: food assistance; rent, mortgage, or utility assistance; counseling or legal aid to prevent eviction or homelessness; cash assistance…” Further guidance provides that in considering whether a potential use is eligible under this category, “Whether and to the extent to which the household has experienced a negative economic impact from the pandemic, the recipient may presume that a household or population experienced unemployment or increased food or housing insecurity or is low-or moderate income experienced negative economic impacts resulting from the pandemic.” The cash transfer must be “reasonably proportional to the negative economic impact they are intended to address.” Treasury’s ruling specifically names cash transfer programs as a potential eligible use of ARPA funding. Public and political support for cash-transfers, universal basic income (UBI), and guaranteed income programs continues to grow. In September 2019, the Hill reported that 49% of Americans favored universal basic income and the University of Chicago found that 72% of young Democrats, 54% of young independents, and 47% of young Republicans supported UBI. The pandemic is forcing a national conversation of the government’s responsibility to its people. COVID-19 shines a light on the widening income inequality in our country. Pre-pandemic, fewer than 40% of Americans could afford a $400 emergency. South San Francisco Guaranteed Income Program The South San Francisco Guaranteed Income program will help our most vulnerable populations break the cycle of intergenerational poverty and allow everyone to join the knowledge economy and succeed in Silicon Valley. Guaranteed Income is one tool of many to break the cycle of poverty and provide opportunities for upward mobility to our lowest income residents. As evidenced by Stockton’s findings, Guaranteed Income reduces month-to-month income fluctuations, and enables participants the economic flexibility to find full time employment. Guaranteed Income alleviates financial scarcity, allowing for new opportunities in employment training such as internships and apprenticeships. For example, a participant of Stockton’s program, “Real Madrid” was able to focus on pursing a certificate in real estate followed by an Associate’s Degree in Business Administration despite being the sole caregiver for his disabled father and sister. Implementation of a Guaranteed Income program in South San Francisco will provide many of our lowest income residents the same chance to grow their skill set and pursue in Real Madrid’s words, a “decent job”. Guaranteed Income provides dignity and economic security now and for future generations. 8 Guaranteed Income is but one of many tools in the City’s multi-pronged approach to breaking the cycle of poverty exacerbated by the Covid-19 pandemic. City led initiatives underway in Affordable Housing, Rental and Food Assistance, Universal Pre-K, Bridging the Digital Divide, and Workforce Development are necessary for the program’s success. Stockton’s SEED findings note, “…guaranteed income should not be considered as a singular approach for household stability, but rather as one policy option to be implemented alongside others to shore up market failures.” City Council has proposed many policy solutions to these failures. A prime example of coupling Guaranteed Income with other economic development initiatives include the creation of the city’s new Economic Mobility Hub in our Downtown. A participant who may not have had the financial security to take time off of work may now participate in Job Train’s program, learn new skills, and apply for full time employment. The South San Francisco Guaranteed Income program goals are two-fold: 1. To provide immediate and direct income to vulnerable households recovering from COVID-19 2. To provide tools and resources to help our residents become upwardly mobile economically The South San Francisco guaranteed income program provides $500 a month for 12 months to approximately 135 eligible families. The program requires case management at intake and incentivizes data collection throughout the process. Participants will be offered financial resources and tools throughout the course of the program. Program administrators will provide the City with quarterly reports on client spending trends and data from pre- and post-program surveys. Post- program, participants will be incentivized to provide quarterly surveys to track their economic mobility and to provide connections to additional resources as needed. As in the SEED program, these surveys are incentivized to maximize participation. Administration The City has a long-standing partnership with the YMCA as the County’s Core Services Agency serving South San Francisco. The YMCA is a trusted community partner administering the City’s rental assistance program from their Community Resource Center on Huntington Avenue. The City intends to contract with the YMCA to administer the Guaranteed Income program as the YMCA has a proven track record of intake and administration of similar programs in our community. The City will fund the YMCA which in turn would be responsible for intake of applications and determining eligibility. The YMCA intends to partner with Oakland based non-profit, Community Financial Resources (CFR), who have set up bank accounts and distributed FOCUS debit cards in the Stockton and Compton guaranteed income programs. CFR is also responsible for the fiscal administration of the program and monthly disbursements. CFR is able to provide aggregate data to the YMCA on the financial spending habits of participants. 9 The YMCA provides in-house data analysis and collection. The City will partner with the YMCA to analyze and synthesize the data collected in order to report our findings back to Council at the conclusion of the program. Data collected will include demographic information, quarterly reports on client spending trends, and data from pre-and post-program surveys. Eligibility Due to the limited space in the program, staff is prioritizing applicants based on need and factors that put them at a higher risk of remaining in poverty. A four-tiered application system prioritizes those most in-need in Tiers I and II and provides opportunities for those less at-risk populations under Tier III and IV. The program prioritizes those applicants who (1) are Foster Youth transitioning out of care, (2) single head of household (3) families with minor aged children and (4) those residing in our lowest income census tracts. Tier I applicants are households at or below 30% Area Median Income (AMI) that do not qualify for other public benefits. Tier II requires that households to be at or below 30% AMI. Tier III are households at or below 50% AMI and do not qualify for other public benefits. Tier IV are households that are at or below 50% AMI. If more than 135 applications are received, the program administrator will implement a lottery system. This lottery system is modeled after the SEED program. Requirements Priorities • Foster Youth transitioning out of care • Single Head of Household • Families with Minor Children • Lowest Census Block Groups Tier I • Those households at or below 30% AMI • Families that do not qualify for other public benefits Tier II • Anyone at or below 30% AMI Tier III • Households at or below 50% AMI • Families that do not qualify for other public benefits Tier IV • Anyone at or below 50% AMI Benefits Cliff The goal of Guaranteed Income is to leave participants better off economically in the end than 10 when they started. Participation in Guaranteed Income may contribute to a “benefits cliff” where the small increase in earning or held assets (e.g. savings) may lead to a reduction in public benefits such as health insurance, food assistance, and housing support. In order to mitigate the loss of benefits and the triggering of 1099s, many guaranteed income programs have structured the payments as “gifts”. Structuring payments as gifts avoids tax issues for recipients. IRS defines the gift tax as “…a tax on the transfer of property by one individual to another while receiving nothing, or less than full value, in return. The tax applies whether or not the donor intends the transfer to be a gift.” The annual gift exclusion for 2020 is $15,000. Therefore, the Guaranteed Income program is structured to provide a total benefit under the $15,000 limit. Process The Guaranteed Income program process is divided into four phases: (1) Outreach, (2) Application Phase, (3) Distribution, and (4) Reporting & Evaluation. The outreach phase focuses on how to best reach and connect with our targeted populations—low income families residing in our lowest income census blocks. The application phase is focused on providing technical assistance during the application period, vetting applications, selecting participants, and connecting participants with benefits counselors. Additionally, financial assessment at intake is required once an applicant has been selected to participate in the program. The third phase, distribution, is focused on setting up banking accounts for all participants and distribution of FOCUS debit cards. The final phase, reporting and evaluation, provides information in the form of pre-and post-disbursement surveys, quarterly bank statements, and quarterly self-declarations. Outreach The City of South San Francisco and the YMCA will reach out to targeted populations encouraging their participation. Various forms of outreach will be implemented included flyering targeted census tracts, phone calls, in-person visits, and tabling at community events. The outreach plan includes reaching out to South San Francisco Unified Schools, Community Organizations, Local Businesses, Faith-based organizations, City programs, and San Mateo County through other Core Agency partners. The City and the YMCA will also host a dedicated webpage providing residents with more information on the Guaranteed Income program and details on eligibility and how to apply. Application The application phase provides one month for an open application period. Outreach will continue throughout the application period. The application may be completed through a google forms and/or a physical application which may be mailed to or dropped off at the YMCA. A draft sample application (Attachment A) includes required information and is broken into four sections: Demographics, Income, Additional Household Information, and Benefits. The application is meant to be as user-friendly as possible, requiring little technical assistance. The information relating to income, household information, and benefits will prioritize the application into the tiered system. No questions regarding citizenship are included on this application. During this phase, an estimated 135 households will be informed that they have been selected to 11 participate. In order to participate, applicants will have to provide consent, information on protocol, and the expectations around financial assessments. . A draft Disclaimer and Informed Consent (Attachment B) must be signed in order to participate in the program. The disclaimer informs the participant that the cash assistance received through this program is considered a “gift” and not considered taxable income per IRS law and does not exceed the yearly gift tax limit of $15,000. Further, it acknowledges that there are other public benefits that may be negatively affected as they may be considered monetary gifts as a contributing factor in program eligibility and/or benefits which may lead to a reduction in public benefits. All participants will be required to provide an intake survey prior to the first installment of funds as well as incentivize participation in a post-distribution survey at the conclusion of the pilot. Financial case management and other tools will also be offered to participants. The financial assessment is meant to be used for both pre and post-surveys. The pre-survey will occur during program onboarding which will include: • Assessment • Budget and Financial Skills Empowerment • Needs & Expectations Case Management Accompanying the disclaimer is the Benefits Crosswalk (Attachment C), which details potential impacts to commonly received benefits such as CalWorks, Social Security, SSI/SSDI, WIC, and others. The Benefits Crosswalk also provides a recommendation b ased on the type of benefit(s) the participant is currently receiving. However, it is in no way a promise that public benefits may or may not be affected and participants must sign up with a benefits counselor prior to participation in the Guaranteed Income program. Additionally, the YMCA will provide a “hold harmless fund” that may fund any unintended loss of other public benefits until the fund is depleted. Disbursement CFR is partnering with YMCA to provide Focus Card and/or Self-Help Federal Credit Union (SHFCU) accounts, provide data, and to facilitate the direct deposit of guaranteed income of $500 for up to 135 participants once a month for 12 months. SEED’s disbursement was issued on, or close to, the 15th of every month. Large expenses such as rent are due at the beginning of the month and benefits, like CalFresh, rarely meet a family’s need for an entire month. As such, a mid-month disbursement was selected. Staff anticipate also providing a mid-month disbursement for the reasons above. Participants may receive their disbursement through the Focus Card or SHFCU Access Account. In order to participate, participants will be required to participate in a financial intake survey and will be offered case management throughout the program. The disbursement program includes: • Provide card enrollment process • CFR to facilitate monthly direct deposits to participants 12 • Provide partner support and trouble-shooting to Urban Services YMCA • Customer service support to cardholders through US Bank and SHFCU • Escalated cardholder issue resolution through CFR • Consumer education materials to facilitate effective usage of the products • Provide transaction data to analyze card usage trends. Reporting The YMCA will require all participants to provide an intake surve y prior to the first installment of funds as well as incentivize participation in a post-distribution survey at the conclusion of the pilot. Financial case management and other tools will also be offered to participants. The financial assessment is meant to be used for both pre and post-surveys. The pre-survey will occur during program onboarding which will include Assessment, Budget and Financial Skills Empowerment, and Needs & Expectations Case Management. The assessment will include a Self Sufficiency Matrix in which clients work with a case manager to score each domain (1- in crisis, 2- vulnerable, 3- safe, 4- building capacity, 5- empowered) each score is operationalized depending on domain: • Housing • Employment • Income • Food • Child Care • Children's Education • Adult Education • Health Care Coverage • Life Skills • Family/Social Relations • Mobility • Community Involvement • Parenting Skills • Legal • Mental health • Substance use • Safety • Disabilities Data focused on card usage and transaction trends will be provided by Community Financial Resources. Focus Card cash flow by transaction type includes: • Count of Transaction Types by month • Value of Transaction Types by month • Sum of Fees by Transaction Types by month • Savings activity • Number of active cards per month 13 Data reported in the intake and post-distribution surveys, as well as the transaction data received from CFR will be analyzed and provided to City Council at the conclusion of the program. As a part of these reports, the YMCA will provide demographic report of participants, quarterly reports on client spending trends, and data from all surveys. Cost The South San Francisco Guaranteed Income Program will cost $1,000,000 to serve approximately 135 residents with $500 per month for 12 months. Cash Payments $810,000 Non-Profit Administrative Costs $190,000 Total Program Cost: $1,000,000 Outreach At a Council Study Session on April 10, 2021 staff was directed to pursue philanthropic funding for this initiative with the City providing a matching amount of $2,000,000 in federal funding. The City met with 13 foundations, as well as non-profits, corporations, and elected officials in pursuit of funding. As a result, the City was able to secure $200,000 in funding from our partners, the Silicon Valley Community Foundation and the County of San Mateo. Fundraising efforts are ongoing to fund this program past the pilot phase. In May, the Governor’s Budget included a proposal for $35 million over five years to pay for universal basic income pilot programs. The first statewide funding for such programs, it would help local governments to fund universal basic income programs targeted at helping low income residents. Local governments will be required to help pay for these programs with public monies or private donations. Staff will pursue any grant opportunities as they become available. Staff met with nonprofit organizations Jain Family Institute and Open Research Labs for technical assistance in program design and technical expertise. On behalf of the City of South San Francisco, Vice Mayor Nagales joined the nonprofit Mayors for a Guaranteed Income (MGI). Through our affiliation with MGI, the City was invited to participate in the Community of Practice at the national and state level. The Community of Practice hosts monthly meetings for cities, nonprofits, and funders to meet and discuss their progress, and to share lessons learned and best practices. The first California Community of Practice launched on June 8, 2021 and provided the City with an opportunity to connect with other California cities locally and regionally. Timeline If approved, staff will move forward with plans to launch this program by October 15, 2021. Staff anticipates the following timeframe to implement this program: 14 • July 14, 2021 Formation of Guaranteed Income pilot • July – August Staff Training • July – August Outreach • August-September Application Period • October 15, 2021 Launch Date - First Disbursements • October 2022 End of Disbursement • October-December Data Collection & Analysis • January 2023 Findings to City Council FISCAL IMPACT The Guaranteed Income Pilot program seeks $800,000 in American Rescue Plan funds. Council discussed in March, 2021, the possibility of assigning as much as $2 million in ARP funds to Guaranteed Income. Only $800,000 is sought for the one-year pilot program. RELATIONSHIP TO STRATEGIC PLAN Creation of the South San Francisco Guaranteed Income pilot program meets the City’s strategic goals of providing a high quality of life for our residents, Financial Stability, and Economic Vitality. CONCLUSION Mayor Tubbs, the creator of the Stockton demonstration program said it best, “Poverty is antiquated, immoral, and should not exist.” Guaranteed Income is not a singular solution to poverty, but a part of a larger plan to help alleviate poverty for our poorest and most vulnerable residents. Coupled with the City’s existing anti-poverty approaches related to job training, guaranteed income presents hope for our residents to break out of the cycle of poverty and to provide them the financial security they need today and for future generations. It is recommended that the City Council adopt a resolution approving the creation of South San Francisco’s Guaranteed Income Pilot program and appropriate $800,000 in American Rescue Plan Act funds and approve budget amendment number 22.011. Attachments: 1. Draft Application 2. Disclaimer and Informed Consent 3. Benefits Crosswalk South San Francisco Guaranteed Income Application Demographics First Name: _____________________________ Last Name: ____________________________________ DOB (Month/Day/Year): ____________________ Address: ________________________________________________________________________________ Phone Number: ___________________________________ Email: ________________________________________ Language(s) Spoken at Home: ____________________ Household: Total # in Household __________ # of Adults ________ # of Children _________ # of Seniors _______ Income Monthly Household Income: ______________ Income Source(s): _______________________________________________________________________ Additional Household Info (please check all that apply to you) ____ Single Parent ____ Previous Foster Youth ____ HH Member Previously Incarcerated (does NOT negatively impact program eligibility) Benefits (please check all that apply to you) ____ I Do not qualify for CA/Federal Public Benefits ____ I have previously qualified, but do not currently receive benefits ____ Unsure if I qualify for public benefits ____ I do receive benefits including: ____ MediCal (Medicaid) ____ CalFresh (SNAP) ____ CalWORKS (TANF) ____ Subsidized Housing/Section 8 ____ WIC ____ Veteran’s Benefits ____ Other(s): ______________________________________ Disclaimer and Informed Consent The goal of South San Francisco’s guaranteed income program is to provide our community members with additional economic stability. To that end, our program is designed and structured in a way that participation will leave you, the participant, in a better economic position than when you began. For that reason, the money dispersed to participants in this program are considered “gifts” by a non-profit 501©3 non-profit organization and is not considered taxable income under IRS law and does not exceed the yearly gift tax limit of $15,000 (Department of the Treasury, Internal Revenue Service, 2018). However, there are other public benefits that may be negatively affected, as they can at times consider monetary gifts as a contributing factors in program eligibility and/or benefits calculations. Thus, receiving monetary gifts as a participant in this program may lead to a reduction in your public benefits and careful consideration and cost-analysis and consultation with your benefits counselor(s) is mandatory before signing up as a participation in South San Francisco GI program. Public benefits to consider may include but not be limited to: Health insurance, food assistance, and housing support. The crosswalk on the following page should be used as a guide only, not a promise or guarantee about how participation in this program may possibly affect your benefits, as eligibility requirements and rules change regularly across different local, state and federal assistance programs. I have read this document in full and understand all contents. Name__________________________________ Date___________________________________ Signature_______________________________ I understand that participation in this program is voluntary and I accept any and all risks to my current and future benefits eligibiliy or level of assistance Name__________________________________ Date___________________________________ Signature_______________________________ I have consulted my benefits counselor(s) and have determined that participation in this program is worth the risks involved and I chose to participate Name__________________________________ Date___________________________________ Signature_______________________________ BENEFITS CROSSWALK Benefit Description Potential Impact Recommendation CalWorks Aid and services to eligible families Risk present: please consult your benefits case worker to discover how GI benefits may interfere with current level of support Client does a cost-analysis of how much they will lose in benefits and then makes a decision to (not) move forward. Social Security Retirement income payable to adults at least 61 years and 9 months old Low risk: Eligibility is based on previous contributions to Social Security. Client encouraged to participate, assuming no other benefits concerns. Social Security Disability Income (SSDI) Aid to adults who can't work due to a medical condition Low risk: Eligibility is based on previous contributions to Social Security and inability to work. Client encouraged to participate, assuming no other benefits concerns. Supplemental Security Income (SSI) Aid to disabled low-income children and adults; also payable to adults at least 65 years old without disabilities who meet financial limits Impacted: GI payment is considered a gift and counts against eligibility. Client does a cost-analysis of how much they will lose in SSI, and then makes a decision to (not) move forward. Unemployment Temporary aid for adults who lose their job to help them meet expenses while seeking new employment Low risk: Eligibility is based on earned income. Recipient encouraged to participate, assuming no other benefits concerns. BENEFITS CROSSWALK Benefit Description Potential Impact Recommendation Women, Infants, and Children (WIC) Supplemental foods, health care referrals, and nutrition education for low-income mothers, and to infants and children up to age five years old at nutritional risk Low risk: Eligibility is based on income and/or participation in Medi-Cal, CalWorks, and CalFresh. Confirm potential impact of GI if receiving multiple benefits. MediCal Free or low-cost health insurance for low-income children and adults Low risk: GI is considered a gift from a non-profit organization and therefore is not considered taxable income by the IRS and shouldn’t count against MediCal eligibility. Recipient does not need to report GI payment on taxes; tax assistance provided to ensure accurate reporting. Supplemental Nutrition Assistance Program (SNAP)/CalFresh Benefit enabling low- income adults and families to purchase eligible food in authorized retail food stores Impacted: GI payment is considered unearned income and may impact SNAP/CalFresh eligibility. The decrease, however, would not be $1:$1 and the process for re-enrolling at the end of the study if the recipient is eligible based on their earned income is straightforward and relatively fast (within 30 days). Recipient does a cost- analysis of how much they will lose in SNAP, and then makes a decision to (not) move forward. Public Housing and Section 8 Vouchers Housing assistance for low- income families, the elderly, and People w/disabilities through government-owned housing or vouchers to be used in the private market Risk present: Recipient share-of-cost does increase but is reimbursed by the Hold Harmless Fund offered in association with this program Recipient encouraged to participate, assuming no other benefits concerns. Agenda Item 13. 21-529 Report regarding adoption of a resolution approving the creation of South San Francisco's Guaranteed Income pilot program and approving budget amendment number 22.011 appropriating $800,000 in American Rescue Plan Act funds. (Christina Fernandez, Assistant to the City Manager, Nell Selander, Deputy Director of Economic & Community Development, and Jane Chandler, YMCA) Legislation Text Guaranteed Income Staff Report GI Draft Application GI Disclaimer and Informed Consent_SSFGI (002) GI Benefits Crosswalk 1 Public Comment Guest User at July 14, 2021 at 3:35pm PDT Support I'd like to express my support of the guaranteed income pilot program as it is a step in the right direction to providing a safety net for South City residents in case of emergencies, such as economic downturn and unexpected personal tragedies. Helping working-class families stay in their homes and have some security in their lives is something we should all strive to provide for our residents. South San Francisco does not have to be like other cities where longtime residents live paycheck to paycheck. Approving this pilot program would do a lot of good for folks here. “Poverty is antiquated, immoral, and shouldn’t exist.” -Mayor Tubbs 1 Government Code Section 54957.5 SB 343 Agenda: 7/14/2021 Regular CC Item #13 Purpose •Update on program design & funding •Create a Guaranteed Income pilot program* •Appropriate $800,000 in ARPA funding* *Subject to Council approval 2 People of Color 20% White Languages at Home 58% Another Language English Only South San Francisco Demographics 80% People of Color 3 Poverty in Silicon Valley Lowest income census tracts are also: -Foreign Born Population -Renter Occupied Units -Crowded Households -Poverty Rate of 20-40% Stanford Center for Poverty & Inequality 4 Poverty in Silicon Valley 5 Unemployment in SSF 6 Breaking the Cycle of Poverty A Multi-Pronged Approach Wrap Around Services Affordable Housing Rental/Food Assistance Workforce Development Center Universal Pre-K / Digital Divide Guaranteed Income Enable Everyone to Join the Knowledge Economy and Succeed in Silicon Valley Economic Security Now and for Future Generations 7 Benefits of Guaranteed Income •Poverty Alleviation •Economic Stimulus and Community Development •Agency and Social Mobility •Breaking Intergenerational Cycles of Poverty 8 Stockton Promise •Reduced income volatility •Families spent money on essentials •Full time employment •Healthier, showing less depression and anxiety and enhanced wellbeing 9 Growing Support Mountain View $1,000,000 ARPA St. Paul, MN $120,000 CARES Act Richmond, VA $120,00 CARES Act Yolo County $75,000 Child Abuse Fund $100K Cannabis Tax Los Angeles, CA $6,000,000 General Fund Chicago, IL $30,000,000 ARPA 10 Goals of SSF Guaranteed Income Pilot Program •Provide immediate and direct income to vulnerable households in response to COVID-19 •Provide tools & resources for economic mobility 11 How do we combat poverty? •Focus on our most vulnerable •$500 per month for 12 months •$1M –approximately 135 families •Economic Tools & Resources 12 Who would it help? Requirements Priorities •Foster Youth transitioning out of care •Single Head of Household •Families with Minor Children •Lowest Census Block Groups Tier I •Those households at or below 30% AMI •Families that do not qualify for other public benefits Tier II •Anyone at or below 30% AMI Tier III •Households at or below 50% AMI •Families that do not qualify for other public benefits Tier IV •Anyone at or below 50% AMI 13 AMI (Area Median Income) INCOME CATEGORY 1 2 3 4 5 6 7 8 Extremely Low (30% AMI) 38,400 43,850 49,350 54,800 59,200 63,600 68,000 72,350 Very Low (50% AMI)63,950 73,100 82,250 91,350 98,700 106,000 113,300 120,600 14 How would it work? Eligibility •YMCA & SSF provide targeted outreach •Application Period •YMCA provides Technical Assistance & Intake Case Management •Community Financial Resources set up bank accounts Disbursement •YMCA provides list of eligible households •If oversubscribed, lottery based on tiers •YMCA sends City and Community Financial Resources names & disbursement request Data •Community Financial Resources provides statements to the City and Case Managers •Case management follow up •Aggregate data summarized in policy report 15 Program Cost (Est) Cash Payments $810,000 Non-Profit Administrative Costs $190,000 Total: $1,000,000 16 Outreach •Silicon Valley Community Foundation •Asset Funders Network •California Wellness Foundation •San Francisco Foundation •James Irvine Foundation •Sunlight Giving •Friedman Family Foundation •Tipping Point •Asset Funders Network •Blue Meridian •#startsmall grant •Sobrato Foundation •Gerald Huff Fund for Humanity •County of San Mateo •Elected Officials •Other private sector entities 17 Outreach •13 Foundations •Corporations •Non-Profits •Elected Officials 18 Partners 19 Timeline May-21 Jun-21 Jul-21 Jul-21 Aug-21 Sep-21 Sep-21 Oct-21 Council Appropriation Staff Training Outreach Application Period Launch Council Appropriation Staff Training Outreach Application Period Launch 20 Timeline Jan-21 Apr-21 Jul-21 Oct-21 Feb-22 May-22 Aug-22 Dec-22 Mar-23 Launch First Disbursement End of Disbursement Data Collection & Analysis Present to Council Launch First Disbursement End of Disbursement Data Collection & Analysis Present to Council 21 Recommendation •Adopt a resolution creating the South San Francisco Guaranteed Income Program •Appropriate $800,000 ARPA funding 22 Thank You 23 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-572 Agenda Date:7/14/2021 Version:2 Item #:13a. Resolution approving the creation of South San Francisco’s Guaranteed Income Pilot Program and approving budget amendment number 22.011 appropriating $1,000,000 in American Rescue Plan Act funds. WHEREAS,South San Francisco remains one of the most diverse cities in the region.Historically a working- class city with a large Italian immigrant population,South San Francisco now welcomes immigrants from Latin America,Asia,and all over the world.Approximately 80%of households in South San Francisco are households of color and 58% of residents speak a language other than English at home; and WHEREAS,poverty disproportionately affects our most vulnerable populations -children and families of color.The majority of our Latinx community lives in the two lowest income census tracts in South San Francisco,in the Downtown and Old Town neighborhoods.The Latinx community in South San Francisco consists of many frontline and service industry workers who have been hard hit by the Covid-19 pandemic; and WHEREAS,the Metropolitan Transportation Commission (MTC)labeled South San Francisco as a Community of Concern.A diverse city with pockets of low income,high need neighborhoods vulnerable to displacement, many families struggle to meet basic needs due to the high cost of living and low wages; and WHEREAS,the City Council stepped up in big ways to provide financial and other assistance for our residents during the Covid-19 pandemic.As emergency shelter-in-place orders were put in place and businesses shuttered,residents struggled to meet the basic needs of their families including rent,food security, employment,and remote learning.The City provides a multi-pronged approach to attempt to address our community’s needs as well as contributors to and impacts of poverty; and WHEREAS,Guaranteed Income is a tool implemented in other communities that the City Council desires to evaluate as part of the City’s multi-pronged approach to addressing the community’s financial needs,including combatting poverty,and as a response to the negative impacts of the Covid-19 pandemic.The monthly support received by residents hardest hit by the Covid-19 pandemic may reduce the income volatility many households face,allowing them the opportunity to find full time employment and pursue training.As demonstrated in Stockton,Guaranteed Income alleviates financial scarcity creating new opportunities for self-determination, choice, goal setting, and risk taking; and WHEREAS,the Guaranteed Income Pilot Program will use $1,000,000 in American Rescue Plan funds.The City Council previously set aside $2 million of American Rescue Plan funds during the budget process for this program, but only $1,000,000 are being appropriated initially for the Pilot Program; and WHEREAS,Guaranteed Income is not a singular solution to poverty,but a part of a larger plan to help alleviate poverty for our poorest and most vulnerable residents.Coupled with the City’s existing anti-poverty approaches related to job training,guaranteed income presents hope for our residents to remediate some of the contributors City of South San Francisco Printed on 8/3/2021Page 1 of 2 powered by Legistar™ File #:21-572 Agenda Date:7/14/2021 Version:2 Item #:13a. related to job training,guaranteed income presents hope for our residents to remediate some of the contributors to and impacts of poverty and to provide them some additional financial security they need. NOW,THEREFORE,BE IT RESOLVED,by the City Council of the City of South San Francisco that the City Council hereby approves the creation of South San Francisco’s Guaranteed Income Pilot Program,as described in the staff report that accompanied this resolution at the City Council’s meeting on July 14,2021, appropriates $1,000,000 in American Rescue Plan Act funds for the Pilot Program,and approves budget amendment number 22.011. ***** City of South San Francisco Printed on 8/3/2021Page 2 of 2 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-564 Agenda Date:7/14/2021 Version:1 Item #:14. Report regarding a resolution to approve the successor Memorandums of Understanding between the City and the American Federation of State,County,and Municipal Employees (AFSCME)Local 829,Teamsters Local 856 -Mid Management Unit,Teamsters Local 856 -Confidential Unit,and International Union of Operation Engineers (IUOE)Local 39 for July 1,2021 -June 30,2022,and a resolution approving associated amendments to the City’s Salary Schedule for Fiscal Year 2021-2022 (Leah Lockhart,Human Resources Director) RECOMMENDATION It is recommended that Council approve the following resolutions: 1.Resolution approving the successor Memorandums of Understanding between the City and the American Federation of State,County,and Municipal Employees (AFSCME)Local 829,Teamsters Local 856 -Mid Management Unit,Teamsters Local 856 -Confidential Unit,and International Union of Operation Engineers (IUOE) Local 39 for July 1, 2021 - June 30, 2022. 2.Resolution approving amendments to the City’s Salary and Wage Schedule for Fiscal Year 2021-2022 BACKGROUND/DISCUSSION The City’s regular full-time workforce is organized into seven (7)represented bargaining units,as well as the unrepresented Executive Management Unit.In accordance with the Meyer-Milias-Brown Act (MMBA),the City negotiates agreements with each unit over wages,hours,and other terms and conditions of employment, and such agreements are memorialized in a Memorandum of Understanding (MOU) over a specified term. In 2021,the MOUs for four of the City’s bargaining units were set to expire on June 30,2021.Council directed staff to negotiate successor agreements with the American Federation of State,County,and Municipal Employees (AFSCME)Local 829,Teamsters Local 856 -Mid Management Unit,Teamsters Local 856 - Confidential Unit,and International Union of Operation Engineers (IUOE)Local 39 within parameters established by Council.The appointed negotiators met and conferred with each unit,and reached tentative agreements with each, and these tentative agreements were ratified by each unit’s respective membership. Each MOU is effective for a one-year term,from July 1,2021 to June 30,2022,and provides for an across-the board wage adjustment of three percent (3%).This wage adjustment is equal to the wage adjustments contained in agreements with the City’s other three bargaining units whose MOUs expire in June,2022.This adjustment of three percent (3%)is also contained in the Executive Management Compensation Plan approved by Council for 2017-2022.A summary of negotiated changes for each group is contained as Attachment 1. Resolution (a) contains the final MOUs to be signed by the bargaining representatives upon Council approval. In addition,the City’s Salary and Wage Schedule (Salary Schedule)is updated at least annually by Council resolution,reflecting any negotiated wage adjustments,changes or modifications to job classifications,and any other wage or salary adjustments as directed by Council.Resolution (b)contains the salary schedule reflecting the three percent (3%)wage adjustment for AFSCME,Mid-Management,Confidential,and IUOE units.In addition,it is recommended that three percent (3%)wage adjustment be applied to all unrepresented part-time hourly classifications,consistent with the City’s past practice of providing equivalent across-the-board wage enhancements to hourly employees.In 2020,hourly employee wages were frozen due to uncertain economicCity of South San Francisco Printed on 7/15/2021Page 1 of 2 powered by Legistar™ File #:21-564 Agenda Date:7/14/2021 Version:1 Item #:14. enhancements to hourly employees.In 2020,hourly employee wages were frozen due to uncertain economic conditions and reduction in staffing due to COVID-19.Wages were increased by one and six-tenths percent (1.6%)as of January 1,2021 to accommodate adjustments to the Minimum Wage pursuant to the City’s Minimum Wage Ordinance.As a result,a wage disparity was created within certain job classifications containing both full-time and hourly workers.The proposed plan provides further adjustments to hourly classifications that have a corresponding full-time classification with the same title and job description,so that the respective wage schedules are matched once again.Finally,the proposed plan incorporates amendments to the City Manager’s contract,approved by separate Council action,to provide for a three percent 3%salary adjustment in line with other City employees. FISCAL IMPACT Appropriations were provided in the Fiscal Year 2021-2022 Operating Budget to accommodate a general wage increase of up to three percent (3%). Therefore, no further appropriations are necessary for this action. RELATIONSHIP TO STRATEGIC PLAN This item supports the strategic initiative of Workforce Development and Fiscal Sustainability,ensuring that the City’s compensation plan remains competitive to attract and retain a high-quality workforce while ensuring that financial commitments are within the City’s means. City of South San Francisco Printed on 7/15/2021Page 2 of 2 powered by Legistar™ Attachment 1 Summary of Changes to Proposed Memorandums of Understanding with AFSCME Local 829, Teamsters Mid-Management Local 856, Teamsters Confidential Local 856, and IUOE Local 39 A. AFSCME Local 829 1. Term: July 1, 2020 – June 30, 2021 2. Across-the-board wage adjustments of 3% effective July 9, 2021 3. Modifications to Union Membership, dues, and new hire communications for legal updates. 4. Ability to reduce probation periods from 12 months to 6 months for promotions within a classification series, at Department Head discretion. 5. Modifications to include call-back pay eligibility for Communications Dispatchers. 6. Temporary Acting Assignments limited to six months unless Union is notified with explanation of circumstances. 7. Modifications to vacation cash-out procedures for IRS compliance. 8. Modifications to sick leave provisions for legal updates. 9. Change Columbus Day to Indigenous Peoples’ day, per prior Council action. 10. Provision to establish a Labor-Management Committee. 11. Clean-up: Non-substantive changes for clarifications and removal of outdated or conflicting language by mutual agreement. B. Teamsters Local 856 – Mid-Management Unit 1. Term: July 1, 2020 – June 30, 2021 2. Across-the-board wage adjustments of 3% effective July 9, 2021 3. Modifications to Union Membership, dues, and new hire communications for legal updates. 4. Modifications to vacation cash-out procedures for IRS compliance. Attachment 1 5. Modifications to sick leave provisions for legal updates. 6. Modifications to CFRA/FMLA/Pregnancy Disability Leave and Extended Parental Leave for legal updates, clarification of conflicting provisions, and gender-neutral eligibility. 7. Convert Personal and Professional Development/Wellness expense reimbursement program to an annual stipend, with the amount unchanged at $750 annually. 8. Expand eligibility for bilingual incentive pay from two designated Recreation and Community Services Coordinator positions to all Recreation and Community Services Coordinator positions, and add Mandarin and Cantonese as languages eligible for incentive pay. 9. Change Columbus Day to Indigenous Peoples’ day, per prior Council action. 10. Clean-up: Non-substantive changes for clarifications and removal of outdated or conflicting language by mutual agreement. C. Teamsters Local 856 – Confidential Unit 1. Term: July 1, 2020 – June 30, 2021 2. Across-the-board wage adjustments of 3% effective July 9, 2021 3. Modifications to Union Membership, dues, and new hire communications for legal updates. 4. Modifications to vacation cash-out procedures for IRS compliance. 5. Modifications to sick leave provisions for legal updates. 6. Change Columbus Day to Indigenous Peoples’ day, per prior Council action. 7. Clean-up: Non-substantive changes for clarifications and removal of outdated or conflicting language by mutual agreement. D. IOUE Local 39 1. Term: July 1, 2020 – June 30, 2021 2. Across-the-board wage adjustments of 3% effective July 9, 2021 Attachment 1 3. Modifications to Union Membership, dues, and new hire communications for legal updates. 4. Modifications to vacation cash-out procedures for IRS compliance. 5. Modifications to sick leave provisions for legal updates. 6. Change Columbus Day to Indigenous Peoples’ day, per prior Council action. 7. Clean-up: Non-substantive changes for clarifications and removal of outdated or conflicting language by mutual agreement. Attachment 1 Summary of Changes to Proposed Memorandums of Understanding with AFSCME Local 829, Teamsters Mid-Management Local 856, Teamsters Confidential Local 856, and IUOE Local 39 A.AFSCME Local 829 1. Term: July 1, 2021 – June 30, 2022 2.Across-the-board wage adjustments of 3% effective July 9, 2021 3. Modifications to Union Membership, dues, and new hire communications for legal updates. 4. Ability to reduce probation periods from 12 months to 6 months for promotions within a classification series, at Department Head discretion. 5. Modifications to include call-back pay eligibility for Communications Dispatchers. 6.Temporary Acting Assignments limited to six months unless Union is notified with explanation of circumstances. 7.Modifications to vacation cash-out procedures for IRS compliance. 8. Modifications to sick leave provisions for legal updates. 9. Change Columbus Day to Indigenous Peoples’ day, per prior Council action. 10. Provision to establish a Labor-Management Committee. 11.Clean-up: Non-substantive changes for clarifications and removal of outdated or conflicting language by mutual agreement. B.Teamsters Local 856 – Mid-Management Unit 1. Term: July 1, 2021 – June 30, 2022 2.Across-the-board wage adjustments of 3% effective July 9, 2021 3. Modifications to Union Membership, dues, and new hire communications for legal updates. 4.Modifications to vacation cash-out procedures for IRS compliance. Government Code Section 54957.5 SB 343 Agenda: 7/14/2021 Regular CC Item #14 Attachment 1 5. Modifications to sick leave provisions for legal updates. 6. Modifications to CFRA/FMLA/Pregnancy Disability Leave and Extended Parental Leave for legal updates, clarification of conflicting provisions, and gender-neutral eligibility. 7. Convert Personal and Professional Development/Wellness expense reimbursement program to an annual stipend, with the amount unchanged at $750 annually. 8. Expand eligibility for bilingual incentive pay from two designated Recreation and Community Services Coordinator positions to all Recreation and Community Services Coordinator positions, and add Mandarin and Cantonese as languages eligible for incentive pay. 9. Change Columbus Day to Indigenous Peoples’ day, per prior Council action. 10. Clean-up: Non-substantive changes for clarifications and removal of outdated or conflicting language by mutual agreement. C. Teamsters Local 856 – Confidential Unit 1. Term: July 1, 2021 – June 30, 2022 2. Across-the-board wage adjustments of 3% effective July 9, 2021 3. Modifications to Union Membership, dues, and new hire communications for legal updates. 4. Modifications to vacation cash-out procedures for IRS compliance. 5. Modifications to sick leave provisions for legal updates. 6. Change Columbus Day to Indigenous Peoples’ day, per prior Council action. 7. Clean-up: Non-substantive changes for clarifications and removal of outdated or conflicting language by mutual agreement. D. IOUE Local 39 1. Term: July 1, 2021 – June 30, 2022 2. Across-the-board wage adjustments of 3% effective July 9, 2021 Attachment 1 3. Modifications to Union Membership, dues, and new hire communications for legal updates. 4. Modifications to vacation cash-out procedures for IRS compliance. 5. Modifications to sick leave provisions for legal updates. 6. Change Columbus Day to Indigenous Peoples’ day, per prior Council action. 7. Clean-up: Non-substantive changes for clarifications and removal of outdated or conflicting language by mutual agreement. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-565 Agenda Date:7/14/2021 Version:1 Item #:14a. Resolution approving the successor Memorandums of Understanding between the City and the American Federation of State, County, and Municipal Employees (AFSCME) Local 829, Teamsters Local 856 - Mid Management Unit, Teamsters Local 856 - Confidential Unit, and International Union of Operation Engineers (IUOE) Local 39 for July 1, 2021 - June 30, 2022 WHEREAS, City staff and appointed negotiators met and conferred with the American Federation of State, County, and Municipal Employees (AFSCME) Local 829, Teamsters Local 856 - Mid Management Unit, Teamsters Local 856 - Confidential Unit, and the International Union of Operation Engineers (IUOE) Local 39 over wages, hours, and terms and conditions of employment for a successor Memorandum of Understanding (MOU) with each group; and WHEREAS, negotiators reached tentative agreement with each unit within parameters established by Council, and the proposed agreement was approved by each unit’s respective membership; and WHEREAS, the MOUs were prepared by the Human Resources Department, and has been approved as to form by the City Attorney, and incorporate the agreed upon terms for each respective unit; NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves: A.The MOU between the City of South San Francisco and American Federation of State, County, and Municipal Employees (AFSCME) Local 829 dated July 1, 2021 through June 30, 2022, attached as Exhibit A. B.The MOU between the City of South San Francisco and Teamsters Local 856 Mid-Management Unit dated July 1, 2021 through June 30, 2022, attached as Exhibit B. C.The MOU between the City of South San Francisco and Teamsters Local 856 Confidential Unit dated July 1, 2021 through June 30, 2022, attached as Exhibit C. D.The MOU between the City of South San Francisco and International Union of Operation Engineers (IUOE) Local 39 dated July 1, 2021 through June 30, 2022, attached as Exhibit D. BE IT FURTHER RESOLVED that the City Council hereby authorizes the City Manager, or his designee, to execute the MOU on behalf of the City, and to take all actions necessary or appropriate to carry out and implement the intent of this resolution. City of South San Francisco Printed on 7/15/2021Page 1 of 2 powered by Legistar™ File #:21-565 Agenda Date:7/14/2021 Version:1 Item #:14a. ***** City of South San Francisco Printed on 7/15/2021Page 2 of 2 powered by Legistar™ EXHIBIT A The City of South San Francisco Memorandum of Understanding Between the American Federation of State, County, and Municipal Employees, Local 829 and the City of South San Francisco July 1, 2021 through June 30, 2022 EXHIBIT A American Federation of State, County, and Municipal Employees, Local 829 Memorandum of Understanding July 1, 2021 through June 30, 2022 Table of Contents Article Title Page 1 Preamble ................................................................................................................. 1 2 Union Rights .......................................................................................................... 1 2.1 Recognition .................................................................................................. 1 2.2 Union Dues .................................................................................................. 1 2.2.1 Use of Payroll Deductions ................................................................. 1 2.2.2 Amount of Deductions....................................................................... 1 2.2.3 Certification and Dues Deductions .................................................... 1 2.2.5 Suspension of Union Dues During Leave of Absence ...................... 1 2.2.6 Payroll Deduction Procedures ........................................................... 1 2.2.7 Notification of New Employees ........................................................ 1 2.2.8 Union Obligations.............................................................................. 2 2.3 AFSCME People .......................................................................................... 2 2.4 Authorized Union Representatives and Stewards ........................................ 2 2.4.1 Access ................................................................................................ 2 2.4.2 Stewards............................................................................................. 2 2.4.3 Employee Representation Rights ....................................................... 2 2.4.4 Access to Personnel File .................................................................... 3 2.4.5 Union Business Time......................................................................... 3 2.4 Bulletin Boards ............................................................................................ 3 2.5 Communication Center Employee Mailboxes ............................................. 3 3 Non-discrimination ................................................................................................. 3 4 Wages and Compensation ...................................................................................... 3 4.1 Wages ........................................................................................................... 3 4.1.1 Definitions ......................................................................................... 3 4.1.1.1 Base Pay ............................................................................... 3 4.1.1.2 Enhanced Pay ....................................................................... 3 4.2 Wage Rates................................................................................................... 3 4.3 Payment of Compensation ........................................................................... 4 4.4 Step Increases ............................................................................................... 4 4.4.1 Step Placement after Promotion ........................................................ 4 4.4.2 Step Placement after Demotion ......................................................... 4 4.4.2.1 Voluntary Demotion ............................................................. 4 4.5 Bilingual Incentive Pay ................................................................................ 4 4.5.1 Bilingual Incentive Pay for Communications Center ........................ 4 4.5.2 Bilingual Incentive Pay for Other Classifications ............................. 5 4.5.2.1 Testing and Compensation ................................................... 5 4.5.2.2 Translating ............................................................................ 5 Memorandum of Understanding Between AFSCME and the City of South San Francisco Page ii July 1, 2021 through June 30, 2022 Article Title Page 4.5.2.3 Language Determination ...................................................... 5 4.5.2.4 Current Languages in Effect................................................. 5 4.5.2.5 Eligible Classifications ......................................................... 75 4.6 Longevity Pay Plan for Employees Hired Prior to July 1, 2012 .................. 5 4.6.1 Fifteen Years of Service .................................................................... 5 4.6.2 Twenty Years of Service ................................................................... 6 4.7 Standby Pay .................................................................................................. 6 4.7.1 Mandatory Standby ............................................................................. 6 4.7.2 Monthly Standby Compensation ....................................................... 6 4.7.2.1 7/1/2007 .............................................................................. 6 4.7.2.2 Holiday Standby ................................................................. 6 4.8 Certification Pay........................................................................................... 6 4.8.1 Amount .............................................................................................. 6 4.8.2 Limited Availability .......................................................................... 6 4.8.3Maintenance Requirement ................................................................... 6 4.8.4 Incentive Pay Effective Date ............................................................. 6 4.9 Temporary Assignment to Higher-level Position ........................................ 6 4.10 Hazardous Waste Inspection Assignment Pay ............................................. 7 4.11 Overtime Pay ................................................................................................ 7 4.11.1 Overtime Defined .............................................................................. 7 4.11.2 Overtime Records .............................................................................. 7 4.11.3 Minimum Overtime ........................................................................... 7 4.11.4 Overtime Compensation Rate ............................................................ 7 4.11.5 Compensatory Time .......................................................................... 7 4.11.6 Call-back Rate (except Communications Center employees) ........... 7 4.11.7 Training Time .................................................................................... 8 4.11.8 Court Appearance Time ..................................................................... 8 4.11.8.1 Minimum Time for Court Appearance on Scheduled Workday ............................................................................... 8 4.11.8.2 Minimum Time for Court Appearance on Non-scheduled Workday ............................................................................... 8 4.11.9 Overtime Assignments in the Communication Center ...................... 8 4.11.9.1 Overtime Assignments ......................................................... 8 4.11.9.2 Overtime Bidding ................................................................. 8 4.11.9.3 Per-diem Sign-ups ................................................................ 8 4.11.9.4 Mandatory Overtime ............................................................ 8 4.12 Communications Center Compensatory Time Off in Lieu of Paid Overtime ....................................................................................................... 8 4.13 Compensatory Time Cash -out 8 4.14 Dispatcher Education Incentive ................................................................... 8 4.14.1 Associate Degree ........................................................................... 9 4.14.2 Bachelor’s Degree ......................................................................... 9 4.15 Dispatcher POST Certification Incentive..................................................... 9 Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page iii Article Title Page 4.15.1 Intermediate or Advanced POST Certificate ................................ 9 4.15.2 Eligibility and Written Notification .............................................. 9 4.16 Communications Center Special Assignment Incentive .............................. 9 4.17 Uniforms ...................................................................................................... 9 5 Health and Welfare Plans ....................................................................................... 9 5.1 Health Insurance Benefits ............................................................................ 9 5.2 Medical Insurance ........................................................................................ 9 5.2.1 Medical Insurance Plans .................................................................... 10 5.2.2 Payment of Premium Costs ............................................................... 10 5.2.2.1 Employee HMO Medical Premium Cost ............................ 10 5.2.2.2 Employee Non–HMO Medical Premium Cost ................... 10 5.2.3 Effective Date of Coverage ............................................................... 10 5.3 Dental Insurance........................................................................................... 10 5.3.1 Core Dental Plan ................................................................................ 10 5.3.2 Calendar Year Maximum .................................................................. 10 5.3.3 Orthodontia ........................................................................................ 10 5.3.4 Payment of Premium Costs ............................................................... 10 5.3.5 Effective Date of Coverage ............................................................... 10 5.3.6 Buy-Up Dental Plan........................................................................... 11 5.4 Vision Insurance........................................................................................... 11 5.4.1 Available Plan.................................................................................... 11 5.4.2 Payment of Premium Costs ............................................................... 11 5.4.3 Effective Date of Coverage ............................................................... 11 5.5 Discretionary Benefit Option ....................................................................... 11 5.5.1 Proof of Alternate Insurance.............................................................. 11 5.5.2. Exercising the Option ........................................................................ 11 5.6 Life Insurance and Accidental Death and Dismemberment Insurance ........ 11 5.6.1 Term Life Value ................................................................................ 11 5.6.2 AD&D Value ..................................................................................... 11 5.6.3 Payment of Premium Costs ............................................................... 11 5.6.4 Effective Date of Coverage ............................................................... 11 5.6.5 Supplemental Life Insurance ............................................................. 11 5.7 Disability Insurance Program ....................................................................... 12 5.7.1 Short-term Disability ......................................................................... 12 5.7.2 Long-term Disability ......................................................................... 12 5.7.3 Payment of Premium Costs ............................................................... 12 5.7.4 Effective Date of Coverage ............................................................... 12 5.8 Retirement Plans .......................................................................................... 12 5.8.1 Employee Contributions to the Retirement System ......................... 12 5.8.1.1 2.7% at Age 55 ................................................................... 12 5.8.1.2 2% at Age 60 ...................................................................... 12 5.8.1.3 2% at Age 62 ...................................................................... 12 5.8.2 Optional Provisions Added .............................................................. 12 Memorandum of Understanding Between AFSCME and the City of South San Francisco Page iv July 1, 2021 through June 30, 2022 Article Title Page 5.8.3 Dispatch Retirement Legislation ...................................................... 12 5.9 Section 457 Deferred Compensation Plan ................................................... 12 5.10 Section 125 Plan ........................................................................................... 13 5.10.1 Premium Contribution ...................................................................... 13 5.10.2 Health Care Reimbursement ............................................................ 13 5.10.3 Dependent Care Reimbursement...................................................... 13 5.11 Deceased Employee Benefits ....................................................................... 13 5.11.1 City-provided Retiree Spouse Benefit ............................................ 13 5.11.2 Spouse-paid Benefit ........................................................................ 13 5.12 Payment of Unused Accumulated Sick Leave ............................................. 13 5.12.1 Eligibility ........................................................................................ 13 5.12.2 Rate Payable ................................................................................... 13 5.12.3 Time of Payment .............................................................................. 13 5.12.4 Hours Payable .................................................................................. 13 5.13 Retired Employee Health Benefits ............................................................... 13 5.13.1 Group Medical Insurance for Qualifying Retirees ......................... 13 5.13.2 Medical After Retirement Account (MARA) ................................. 14 5.13.3 Group Dental Insurance for Qualifying Retirees ............................ 14 5.13.4 Group Vision Insurance for Qualifying Retirees ............................ 14 5.14 Retirement Health Savings Plan .................................................................. 14 6 Hours of Work and Work Schedules ...................................................................... 14 6.1 FLSA Work Period ...................................................................................... 14 6.2 Normal Workweek ....................................................................................... 14 6.3 Normal Workday .......................................................................................... 15 6.4 Meal Periods and Breaks .............................................................................. 15 6.5 Clean-up Period for Maintenance Services Employees ............................... 15 6.6 Work Schedule ............................................................................................. 15 6.7 Alternate Workweek Schedules ................................................................... 15 6.8 Flexible Schedules ....................................................................................... 15 6.9 Schedule Changes ........................................................................................ 15 6.10 Work Schedules in Communications Center ............................................... 15 6.10.1 Communications Center Work Schedules ........................................ 15 6.10.2 Changes to Scheduled Workdays and Workweek ............................ 15 6.10.3 Meal and Rest Periods ...................................................................... 15 6.10.3.1 Meal Breaks ......................................................................... 15 6.10.3.2 Rest Periods ......................................................................... 16 6.10.3.3 Meal and Rest Periods Combined ....................................... 16 6.10.4 Shift Assignments ............................................................................. 16 6.10.5 Temporary Assignments ................................................................... 16 6.10.6 Shift Seniority ................................................................................... 16 6.10.7 Shift Bids .......................................................................................... 16 6.10.8 Shift Rotation .................................................................................... 16 Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page v Article Title Page 6.10.9 Dispatcher Staffing ........................................................................... 16 6.10.9.1 Dispatch Schedule .............................................................. 16 7 Leaves ..................................................................................................................... 17 7.1 Holidays ....................................................................................................... 17 7.1.1 Discretionary Holiday ........................................................................ 17 7.1.2 Observed Holidays ............................................................................ 17 7.1.2.1 Full-day Holidays ................................................................. 17 7.1.2.2 Half-day Holidays ................................................................ 17 7.1.2.3 Day of Holiday Observation ................................................ 17 7.1.3 Holiday Compensation in the Communications Center .................... 17 7.1.3.1 Full-day Holidays ................................................................. 17 7.1.3.2 Half-day Holidays ................................................................ 18 7.1.4 Holiday Eligibility ............................................................................. 18 7.1.5 Day of National Mourning or Celebration ........................................ 18 7.1.6 Holiday Compensation for Employees on Injury or Illness or Sick Leave ................................................................................................. 18 7.2 Vacation ....................................................................................................... 18 7.2.1 Vacation Accrual Rates ..................................................................... 18 7.2.2 Vacation Scheduling .......................................................................... 18 7.2.2.1 Communications Center Vacation Scheduling ...................... 18 7.2.3 Maximum Vacation Accumulation ................................................... 19 7.2.3.1Vacation Cap Appeal ............................................................. 19 7.2.4 Vacation Cash Out ............................................................................. 19 7.2.5 Vacation Compensation ...................................................................... 19 7.3 Notification Procedures ................................................................................ 19 7.4 Bereavement Leave ...................................................................................... 19 7.4.1 Leave Amounts .................................................................................. 19 7.4.1.1 Leave Within California ........................................................ 20 7.4.1.2 Leave Outside California ....................................................... 20 7.4.2 Definition of Immediate Family for Bereavement Leave ................. 20 7.5 Sick Leave .................................................................................................... 20 7.5.1 Sick Leave Accrual Rate .................................................................. 20 7.5.2 Sick Leave Request .......................................................................... 20 7.5.3 Approval of Sick Leave Requests .................................................... 20 7.5.4 Verification of Injury or Illness........................................................ 20 7.5.5 Maximum Paid Sick Leave Time ..................................................... 20 7.5.6 Protected Leave ................................................................................ 21 7.6 Medical Appointment Leave ........................................................................ 21 7.6.1 Approval ............................................................................................ 21 7.6.2 Affidavit of Leave ............................................................................. 21 7.6.3 Leave Confirmation ........................................................................... 21 7.6.4 Medical Appointment Leave Charged to Sick Leave ........................ 21 7.6.5 Scheduling Medical Appointments ................................................... 21 Memorandum of Understanding Between AFSCME and the City of South San Francisco Page vi July 1, 2021 through June 30, 2022 Article Title Page 7.7 Industrial Injury Leave ................................................................................. 21 7.7.1 Use of Accumulated and Unused Sick Leave ................................... 21 7.7.2 Workers’ Compensation Benefits ...................................................... 22 7.7.3 Credit for City Reimbursement ......................................................... 22 7.8 Military Leave .............................................................................................. 22 7.9 Maternity/Paternity and Child Bonding Leave ............................................ 22 7.10 Unpaid Leave of Absence ............................................................................ 22 7.10.1 Reinstatement Upon Return from Leave ........................................ 22 7.10.2 Failing to Return from Leave ......................................................... 22 8 Modified-duty Program .......................................................................................... 22 8.1 Modified-duty Program ................................................................................ 22 8.1.1 Purpose .............................................................................................. 22 8.1.2 Coverage ............................................................................................ 23 8.1.3 Determination/Required Reports ....................................................... 23 8.1.3.1 Assignments ......................................................................... 23 8.1.3.2 Medical Updates................................................................... 23 8.2 Modified-duty Assignment, Definition, and Restrictions ............................ 23 8.3 Holidays/Vacations During Light-duty Assignments .................................. 23 8.3.1 Observed Holidays ............................................................................ 23 8.3.2 Vacations ........................................................................................... 24 8.4 Return to Full Duty ...................................................................................... 24 9 Education Expense Reimbursement Program ........................................................ 24 9.1 Education Expense Reimbursement Program .............................................. 24 9.2 Reimbursement Amount .............................................................................. 24 9.3 Qualifying for Program ................................................................................ 24 9.3.1 Department Head Approval ............................................................... 24 9.3.2 Reimbursement Request .................................................................... 24 9.3.3 City Manager Approval ..................................................................... 24 9.3.4 Communications Center Personal and Professional Development Expense Reimbursement ..................................................................... 24 10 Recreational Facilities and Classes ........................................................................ 25 10.1 Admission to Classes ................................................................................... 25 10.1.1 Full-time Regular Employees .......................................................... 25 10.1.2 Part-time Regular Employees .......................................................... 25 10.2 Use of Facilities............................................................................................ 25 11 Replacement and Reimbursements ........................................................................ 25 11.1 Tool Replacement Costs .............................................................................. 25 11.1.1 Replacement Amount ....................................................................... 25 11.1.2 Reimbursements ............................................................................... 25 11.2 Safety Shoe Reimbursements ....................................................................... 25 12 Safety Program and Equipment .............................................................................. 26 12.1 Observation of Safety Rules and Regulations .............................................. 26 12.2 Safety Program ............................................................................................. 26 Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page vii Article Title Page 12.3 Safety Equipment ......................................................................................... 26 12.4 Prescription Safety Glasses .......................................................................... 26 13 Dress and Uniform Policy ...................................................................................... 26 13.1 Communications Center Dress Policy ......................................................... 26 13.2 Maintenance Services Uniform Policy......................................................... 26 13.2.1 Purpose and Intent ............................................................................ 26 13.2.2 Work Clothing .................................................................................. 26 13.2.3 Wearing and Use of Work Clothing................................................. 26 13.2.4 Jackets and Sweatshirts .................................................................... 27 13.2.5 Repair or Replacement of Uniforms ................................................ 27 13.2.6 Dress Standards ................................................................................ 27 13.3 Protective Garments for Safety Inspectors ................................................... 27 14 Class A and B Driver’s Licenses ............................................................................ 27 14.1 Requirement ................................................................................................. 27 14.2 License Reimbursement Costs ..................................................................... 27 15 Personnel Practices ................................................................................................. 27 15.1 Transfer and Promotion................................................................................ 27 15.1.1 Transfer ............................................................................................ 27 15.1.2 Promotion ......................................................................................... 27 15.1.3 Flexible Staffing ............................................................................... 28 15.2 Time Off for Examination ............................................................................ 28 15.3 Employment Lists ........................................................................................ 28 15.3.1 Formal Request ................................................................................ 28 15.3.2 Failing to Respond ........................................................................... 28 15.3.3 Investigation Report ......................................................................... 28 15.3.4 Passed Over ...................................................................................... 28 15.4 Probationary Periods .................................................................................... 28 15.4.1 Probation Reinstatement and Re-employment ................................. 28 15.4.2 Probation Transfer ............................................................................ 28 15.4.3 Probation Promotion ........................................................................ 29 15.4.4 Rejection During Probationary Period ............................................. 29 15.5 Performance Appraisals ............................................................................... 29 15.6 Resignation and Reinstatement .................................................................... 29 15.6.1 Resignation ....................................................................................... 29 15.6.2 Reinstatement ................................................................................... 29 16 Reduction-in-Force, Layoff, and Re-employment ................................................. 30 16.1 Seniority ....................................................................................................... 30 16.2 Council Determination ................................................................................. 30 16.3 Order of Layoff ............................................................................................ 30 16.3.1 Hourly Employees ............................................................................ 30 16.3.2 Probationary Employees .................................................................. 30 16.3.3 Part-time Regular Employees .......................................................... 30 16.3.4 Full-time Regular Employees .......................................................... 30 Memorandum of Understanding Between AFSCME and the City of South San Francisco Page viii July 1, 2021 through June 30, 2022 Article Title Page 16.4 Identical City Service ................................................................................... 30 16.5 Notice of Layoff ........................................................................................... 30 16.5.1 Bumping Rights ............................................................................... 30 16.5.1.1 Same Classification ........................................................... 30 16.5.1.2 Former Classification ........................................................ 31 16.6 Reassignment In Lieu of Layoff .................................................................. 31 16.6.1 Vacant Position in City .................................................................... 31 16.6.2 Former Classification ....................................................................... 31 16.6.3 Displacement .................................................................................... 31 16.6.4 Salary Placement .............................................................................. 31 16.7 Layoffs ......................................................................................................... 31 16.8 Layoff Re-employment and Reinstatement Lists ......................................... 31 16.8.1 Classification Reinstatement List ..................................................... 31 16.8.2 Re-employment List ......................................................................... 31 16.8.3 Length of Placement on List ............................................................ 31 16.8.4 Probationary Period .......................................................................... 32 17 Emergencies ........................................................................................................... 32 18 Notification ............................................................................................................. 32 19 Contracting Unit Work (except Communications Center employees) ................... 32 19.1 Contracting Work ......................................................................................... 32 19.2 Union Notification ....................................................................................... 32 19.3 Committee Review ....................................................................................... 32 19.4 Committee Results ....................................................................................... 32 19.5 Bid Process ................................................................................................... 33 20 Grievance Procedure for Disciplinary Matters ....................................................... 33 20.1 Definition of Grievance................................................................................ 33 20.2 General Conditions....................................................................................... 33 20.2.1 Extended Time Limits ...................................................................... 33 20.2.2 Failure to Comply with Time Limits ............................................... 33 20.3 Grievance Steps ............................................................................................ 33 20.3.1 Step 1: Immediate Supervisor (Problem Solving) ........................... 33 20.3.2 Step 2: Second-line Supervisor ........................................................ 33 20.3.3 Step 3: Response to Formal Grievance ............................................ 34 20.3.4 Step 4: Department Head ................................................................. 34 20.3.5 Step 5: City Manager ....................................................................... 34 20.3.6 Appeal of the City Manager’s Decision ........................................... 34 20.4 Appeal Rights ............................................................................................... 34 20.4.1 Level of Discipline ........................................................................... 34 20.4.2 Written Request ................................................................................ 34 20.4.3 Union Representation ....................................................................... 35 20.4.4 Selection of an Arbitrator ................................................................. 35 20.4.5 Payment of Costs ............................................................................. 35 20.4.6 Arbitrator Duty ................................................................................. 35 Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page ix Article Title Page 20.4.7 Arbitration Decision ......................................................................... 35 21 Severability ............................................................................................................. 35 22 Agreement, Modification, or Waiver ..................................................................... 36 22.1 Full and Entire Agreement ........................................................................... 36 22.2 Written Modification Required .................................................................... 36 22.3 Waiver .......................................................................................................... 36 23 Signatures ............................................................................................................... 37 Appendix A Full-time Regular and Part-time Regular Employee Classifications ...................... 38 B Incentive Pay by Classification .............................................................................. 40 C Certification Pay ..................................................................................................... 42 D Expense Reimbursements by Classification .......................................................... 45 E Salary Schedule ...................................................................................................... 47 F Labor Management Committee .............................................................................. 49 EXHIBIT A City of South San Francisco American Federation of State, County, and Municipal Employees (AFSCME), Local 829 Memorandum of Understanding July 1, 2021 through June 30, 2022 Article 1. Preamble This Memorandum of Understanding is entered into by the City of South San Francisco, hereinafter designated as City and the American Federation of State, County, and Municipal Employees, Local 829, hereinafter designated as Union as a mutual agreement of those wages, hours, and conditions of employment which are to be in effect during the period of July 1, 2021 through June 30, 2022, for those employees working in classifications in the representative unit referred to in Appendix A of this Memorandum of Understanding (MOU). Article 2. Union Rights 2.1. Recognition—The City recognizes the American Federation of State, County, and Municipal Employees, Local 829 as the employee organization representing the employees in this unit, which consists of all employees in the classifications identified in Appendix A and as may be added to the unit by the City during the term of this agreement. 2.2. Union Dues— 2.2.1. Use of Payroll Deduction—The Union shall have the privilege of using the City’s payroll system for the purpose of deducting Union dues and other lawfully permitted deductions from employees’ pay for whom the Union is the recognized majority representative employee organization. 2.2.2. Amount of Deductions—The City shall withhold dues and other lawfully permitted deductions in such amounts as are officially prescribed by the Union or are otherwise established by the terms of this Memorandum of Understanding. 2.2.3. Certification and Dues Deductions—The City shall withhold Union dues and/or other lawfully permitted deductions from the salary of an employee and remit withholdings to the Union, provided that the Union certifies in writing to the City that the Union has and will maintain each employee’s authorization for such deductions. 2.2.4. Suspension of Union Dues During Leave of Absence—An employee on unpaid leave of absence for a period of 30 calendar days or more shall not be required to pay Union dues during the period of the employee’s leave. 2.2.5. Payroll Deduction Procedures—The effective date of withholdings, time of remitting withholding to the Union, and all procedural matters shall be as mutually acceptable to the Union and the City, provided that the City’s payroll system and its operations are not thereby disrupted. 2.2.6. Notification of New Employees—The City shall notify the Union of the name, classification and date of hire of each new employee appointed to a position covered by this memorandum. Notice shall be provided to the Union within 30 working days of hire. Notice of new hire orientations shall be provided to the Union at least 10 days Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 2 July 1, 2021 through June 30, 2022 prior to the date of new hire orientation for unit members. The City will provide a half hour for the Union to present to bargaining unit members at new hire orientation or alternatively to meet with new hire. 2.2.7. Union Obligations—The Union shall file with the City such financial reports as are prescribed in the Government Code Section 3502.5. The Union shall indemnify and hold harmless the City and all officials, employees, and agents acting on its behalf, from any and all claims, actions, damages, costs, or expenses including all attorney’s fees and costs of defense in actions against the City, its officials, employees, or agents which may arise out of the City’s compliance with the provisions of this section. 2.3. AFSCME People—The City agrees to deduct voluntary contributions to Public Employees Organized to Promote Legislative Equality (PEOPLE) from the pay of those employees who request, in writing, on a form supplied by the Union and approved by the City, that such deductions be made. The amount to be deducted shall be determined by the employee except that there shall be a minimum deduction of two ($2.00) per month. The employee may revoke his/her authorization for voluntary deductions at any time by giving written notice to both the City and the Union. The City agrees to remit any deductions made pursuant to this provision promptly to the Union together with an itemized statement showing the name of each employee from whose pa y such deductions have been made and the amount deducted during the period covered by the remittance. 2.4. Authorized Union Representatives and Stewards— 2.4.1. Access—An authorized representative of the Union shall have the right to contact an individual employee represented by the Union in a City facility during the employee’s work hours on matters concerning wages, hours and other conditions of employment. The authorized representative shall provide reasonable notice to the employee’s immediate supervisor prior to entering the work location of the employee. The employee’s immediate supervisor shall have the right to make arrangement for a contact location and/or contact time, which are the least disruptive to the employee’s work assignments and departmental operations. 2.4.2. Stewards—The Union shall be allowed to designate a reasonable number of employees as stewards. Stewards shall be granted reasonable release time off without loss of time or pay for the purpose of investigating and handling employee grievances. Steward release time shall be scheduled by mutual agreement between the employee and the employee’s immediate supervisor. 2.4.3. Employee Representation Rights—An employee who is required to meet with a supervisor or management official and who reasonably expects that the meeting will involve questioning leading to potential disciplinary action, shall have the right to have a steward or authorized Union representative present at the meeting. The City shall provide the employee with enough information about the meeting in advance so that they can determine whether or not they want to ask for representation at that meeting. In the event that an employee requests the presence of a representative, the representative shall be contacted to arrange a mutually acceptable time and place for the meeting. Once scheduled, the supervisor or management official shall not be required to reschedule the meeting for the convenience of the representative. If the Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 3 representative is not available in a reasonable period of time, the employee must locate an alternative representative. 2.4.4. Access to Personnel File—An employee or, upon presentation of an original signed written authorization from an employee, an employee’s representative shall have access to the employee’s personnel file. 2.4.5. Union Business Time—Generally Union business shall not be conducted during employees’ working hours. The Union may request permission to conduct Union business during employees’ working hours for specific purposes and specific times. Such requests must be presented to the department head affected and may be approved by such department head, when such activity does not interfere with departmental operations. 2.5. Bulletin Boards—The City will furnish adequate space on designated bulletin boards in the employees’ work places for the exclusive use of the Union. The Union shall not post anything of a discreditable nature to the City or its employees or offensive to members of the general public or other visitors to the City facilities. The Union shall be responsible for maintaining the bulletin boards in an orderly condition and shall promptly remove outdated materials. 2.6. Communications Center Employee Mailboxes—The Union may use each employee mailbox in the communications center. Article 3. Non-discrimination Neither the City nor the Union will discriminate against a person covered by this Memorandum of Understanding because of his or her exercise of rights under the MOU or his or her union activities or failure to participate in union activities. Article 4. Wages and Compensation 4.1. Wages— 4.1.1. Definitions— 4.1.1.1. Base Pay—Base pay is the rate of compensation paid for a specified classification of employment, excluding any other payments. 4.1.1.2. Enhanced Pay—Enhanced pay is the rate of compensation that includes base pay and incentive pay such as longevity, bilingual, education, and special assignment pay. Enhanced pay does not include acting pay or other temporary assignment pay. Each incentive pay will be computed on base pay. The sum of the base pay plus each incentive is the enhanced pay. 4.2. Wage Rates— All members of the bargaining unit shall receive across-the-board base pay adjustments in the amounts and with the effective date as follows: • Effective in the first full pay period of July or in the first full pay period following ratification and approval, whichever is later, bargaining unit member salaries shall be increased by three percent (3.0%). There will be no retroactive across-the-board base pay adjustments. 4.3. Payment of Compensation—Each employee shall be compensated on a biweekly basis. Payment will normally be made on the Thursday immediately following the conclusion of Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 4 July 1, 2021 through June 30, 2022 a payperiod. A City payperiod consists of 14-calendar days and begins on a Friday, which is the first day of a payperiod and ends on a Thursday, which is the last day of a payperiod. Employees who are on continuous paid regular service for a partial payperiod shall receive pro-rated compensation for the payperiod that the employee was on continuous paid regular service. An employee on continuous paid regular service shall be an employee who is on a regular employment status within the City in a classification covered by this Memorandum of Understanding. Continuous paid regular service excludes all unpaid leaves of absence of an employee and excludes the period of time the emplo yee is not in a regular employment status with the City. 4.4. Step Increases—Each employee shall complete the following time at each step of the salary schedule applicable to the classification, prior to being moved to the next step. Step A—From date of hire to completion of 6-calendar months of employment. Step B—One full year. Step C—One full year. Step D—One full year. Step E—Final step. 4.4.1. Step Placement after Promotion—When employees are promoted, they shall receive not less than the equivalent of a one-step, 5% salary increase. 4.4.2. Step Placement after Demotion—When an employee is demoted, whether such demotion is voluntary or otherwise, the employee’s compensation shall be adjusted to the salary prescribed for the classification to which the employee is demoted. Unless otherwise afforded, the specific rate of pay within the range shall be determined by the City Manager. However, an employee demoted as a result of an abolition of a position shall be placed at the step in the lower classification which most closely approximates, but does not exceed, the employee’s salary in the higher classification. 4.4.2.1. Voluntary Demotion—If an employee takes a voluntary demotion to a classification previously held from a classification within the same series, the employee shall be placed at a step commensurate with length of service in both classifications. If the classifications are not within the same series, the employee shall be placed at the same step in the lower classification in which the employee last held, and the service time at such step shall be the same as the service time held previously at such step. 4.5. Bilingual Incentive Pay— 4.5.1. Bilingual Incentive Pay for Communications Center—An employee who has demonstrated to the department head’s satisfaction proficiency in speaking/communicating in a second language that is spoken by a significant proportion of the South San Francisco population, as identified but not limited to those indicated in Appendix B of this Memorandum of Understanding, shall be compensated at an amount 5% higher than the employee’s base hourly rate of pay. Such compensation shall commence when the employee has passed a qualifying examination demonstrating proficiency in the second language. 4.5.2. Bilingual Incentive Pay for Other Classifications— Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 5 4.5.2.1. Testing and Compensation—An employee who has tested, using the City’s standard bilingual testing procedures, and demonstrated to the department head’s satisfaction proficiency in speaking a second language, shall be compensated at an amount 2.5% higher than the employee’s base hourly rate of pay. Such compensation shall commence the next payperiod after the employee has passed a qualifying examination, as determined by the City, demonstrating proficiency in the language. To be eligible to participate in this program, employees must speak a second language used by a segment of South San Francisco population. Once an employee qualifies as speaking a second language the employee will receive bilingual pay, even if the population changes and a significant segment no longer speaks the language. 4.5.2.2. Translating—Employees who have met the criteria and are compensated for bilingual incentive pay must use those skills whenever the need arises. Employees may be required to act as translator at worksites other than their primary work location. 4.5.2.3. Language Determination—Languages that are spoken in South San Francisco will be determined by reviewing the demographic data from the local school district. The Director of Human Resources and the Union will then meet once a year to determine the languages that qualify under this section; American Sign Language is considered a second language. 4.5.2.4. Current Languages in Effect—The following languages shall qualify for an employee to receive the Bilingual Incentive Pay under this section. • Spanish • Tagalog • Mandarin • Cantonese • American Sign Language 4.5.2.5. Eligible Classifications—Positions eligible for bilingual incentive pay must be those that have regular contact with the public. Those classifications that would be eligible are identified in Appendix B of this Memorandum of Understanding and include any title changes that may occur during the life of this Memorandum of Understanding. 4.6. Longevity Pay Plan for Employees Hired Prior to July 1, 2012—Full-time and part-time regular employees hired prior to July 1, 2012 shall receive longevity pay in accordance with the following schedule. 4.6.1. Fifteen Years of Service—After 15 years of service, 1.5% will be added to the employee’s base hourly rate of pay. 4.6.2. Twenty Years of Service—After 20 years of service, in addition to above, another 1.0% of pay will be added to the employee’s base hourly rate of pay. Longevity Pay is not available for employees hired on or after July 1, 2012. 4.7. Standby Pay—According to Public Works departmental policy, 2 employees shall be on standby each week. Employees in those classifications that meet the departmental standards will be eligible to receive standby pay, regardless if they are in the Street Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 6 July 1, 2021 through June 30, 2022 Division, as long as they have gone through Departmental training, spent at least 6 months in the Sewer Department, and meet all departmental qualifications. 4.7.1. Mandatory Standby—Only those employees hired, including promotions and transfers into designated positions on or after 7/1/2000 shall be required to take standby. 4.7.2. Monthly Standby Compensation—Compensation for standby shall be as follows: 4.7.2.1. 7/1/2007—Employees taking standby beginning 7/1/2017 shall receive $500 per week for each week they are on standby. 4.7.2.2. Holiday Standby—An employee taking standby, who is called to return to work on a holiday (midnight to midnight of the actual holiday), shall receive a minimum of 4 hours of compensation at 1.5 times the employee’s base hourly rate of pay. 4.8. Certification Pay—Employees who obtain and maintain certification as identified in Appendix C may receive certification pay. 4.8.1. Amount—2.5% of base pay for the first certification and additional 1% for any additional certification, up to a maximum of 8% for all certifications combined. 4.8.2. Limited Availability—Where the number of certifications is limited, the department head will decide which employee shall receive the certification pay. The decision will be based on the employee’s classification, job description and seniority. Preference will be given to employees who already possess the certification and who are already performing the work for which the certification pay is available. If there are more employees performing the work and who possess the certification than there are available slots for certification pay, the employee who has held the certification for the longest period of time while employed in a classification for which certification pay is available shall receive the certification pay. 4.8.3. Maintenance Requirement—Employees must maintain valid and updated certification at all time when receiving certification pay. Any employee receiving certification pay must perform the job duties for which the certification was granted whenever required to do so by the employee’s supervisor. Employees who are not performing the work for which the certification pay was granted will not receive certification pay. Circumstances causing certification pay to end may include, but are not limited to, changes in assignment, job duties, or leaves of more than 30 days. 4.8.4. Incentive Pay Effective Date— Once the criteria has been met and approved, a Personnel Action Form indicating that the employee is eligible for incentive pay will be generated, with an effective date being the first day of the next payperiod. 4.9. Temporary Assignment to Higher-level Position (Acting Assignments)—An employee who is assigned to perform and who does perform the duties of a higher-paying classification, shall receive additional compensation for each day so served at the rate of pay for which the employee would qualify, if the employee were to be promoted to the higher-level classification. Acting assignments will normally be 6 months or less. In the event that the assignment is anticipated to or actually does extend beyond 6 months, City will notify the union regarding the circumstances requiring the extended assignment. Where operationally feasible, assignments of 6 months or longer will be rotated among similarly qualified employees. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 7 4.10. Hazardous Waste Inspection Assignment Pay—An employee in the Public Works Maintenance Worker job classification series or Parks Maintenance Worker job classification series assigned the responsibilities of maintaining and inspecting the Hazardous Waste Storage Locations within the City Corporation Yard shall be compensated at 5% above the employee’s base hourly rate of pay for which the employee otherwise qualifies for the duration of the assignment. Only one employee shall be assigned these responsibilities and eligible for the incentive; except as this assignment may be changed or rotated by management staff. 4.11. Overtime Pay—This section applies to non-exempt employees. 4.11.1. Overtime Defined—Overtime work is authorized work in excess of a full-time employee’s normal work schedule. For part-time employees, overtime work is authorized work in excess of forty (40) hours in one workweek. Paid leave hours shall be considered as hours worked for the purposes of overtime pay. 4.11.2. Overtime Records—Records of overtime worked shall be maintained in accordance with procedures established by the department head. 4.11.3. Minimum Overtime—No form of overtime payment shall be made where overtime worked prior to the beginning of an employee’s normal work period or following completion of an employee’s normal work period is less than 12-minutes duration. 4.11.4. Overtime Compensation Rate—Each employee shall be compensated for overtime worked or fractions thereof, at 1.5 times the employee’s enhanced hourly rate of pay as the overtime hourly rate. 4.11.5. Compensatory Time—Employees may, at their option, receive pay for such overtime hours or may accumulate compensatory time at the rate of 1.5 times to an equivalent maximum of 80 hours in lieu of pay for such overtime, and take the overtime as compensable time off. However, anyone wishing to use compensatory time as leave must give 3-days notice of the desire for such time off and the time off must be taken under such conditions as will not interfere with the minimum staffing and continued function of their particular department or operation. 4.11.6. Call-back Rate This section does not apply to Communications Center employees unless they are being called in on their regular day off.)—An employee who is not physically on the City’s premises and who is called to work at a time which is not the employee’s normally scheduled time shall be paid a minimum of 3 hours for each call back occurrence. Call back time commences with the time the employee reports to work and concludes when the employee is released from the assigned work or the beginning of the employee’s subsequent normally-scheduled work shift, whichever occurs first. If the employee is on the City’s premises at the time the employee is called back to work, the employee shall be entitled to overtime for time actually worked, but will not be entitled to a guaranteed 3-hour minimum. 4.11.7. Training Time—An employee who works in excess of the normal workweek as the result of attending training sessions required by the department head, shall be compensated at 1.5 times the employee’s enhanced hourly rate of pay for time spent in such training sessions that exceeds the normal workweek. 4.11.8. Court Appearance Time—An employee who is required to appear in court in an official capacity, shall be compensated at the rate of 1.5 times the employee’s enhanced Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 8 July 1, 2021 through June 30, 2022 hourly rate of pay for time spent in such court appearances when the court appearance does not occur during the employee’s normally scheduled hours of work. 4.11.8.1. Minimum Time for Court Appearance on Scheduled Workday—An employee who is required to appear in court in an official capacity at a time not during the employee’s regularly scheduled work hours, but is on a day the employee is scheduled or has volunteered to work, shall receive a minimum of 3 hours of overtime compensation for such a court appearance. 4.11.8.2. Minimum Time for Court Appearance on Non-scheduled Workday—An employee who is required to appear in court in an official capacity at a time not during the employee’s regularly scheduled hours of work nor is it on a day that the employee is scheduled or has volunteered to work, shall receive a minimum of 4 hours of overtime compensation for such a court appearance. 4.11.9. Overtime Assignments in the Communication Center—The department head shall make such scheduled and non-scheduled overtime assignments as are necessary to the effective operations of the communications center. The department head will use the following guidelines in making overtime assignments: 4.11.9.1. Overtime Assignments—In cases of overtime resulting from unscheduled absences of less than 72 hours notice, the department may fill the overtime shift with per diem employees or any employee readily available to cover the overtime shift. 4.11.9.2. Overtime Bidding—In the case of scheduled overtime shifts, employees shall be allowed to bid for overtime assignments by seniority, on a voluntary basis. 4.11.9.3. Per-diem Sign-ups—Per-diem employees may fill any overtime hours that are not filled by voluntary sign-ups of regular City employees. 4.11.9.4. Mandatory Overtime—If the overtime assignments cannot be filled by voluntary sign-ups or by per diem employees, employees will be assigned to fill the overtime on a mandatory basis. 4.12. Communications Center Compensatory Time Off in Lieu of Paid Overtime—Each employee may accumulate up to a maximum of 100 hours of compensatory time at any given time, in lieu of employee receiving pay for overtime worked. Compensatory time shall be earned on the basis of 1.5 times the number of overtime hours worked and all compensatory time off shall be requested and scheduled in accordance with the rules and regulations prescribed by the department head. 4.13. Compensatory Time Cash-out ––Employees shall not be permitted to cash out compensatory time except as provided by law. 4.14. Dispatcher Education Incentive—This educational incentive is available only for communication center employees. It is the employee’s responsibility to submit written verification and notification to the employee’s department head requesting the Education Incentive and it will not be retroactive if the written notice has not been submitted and received in compliance with departmental policy. 4.14.1. Associate Degree—An employee who has completed 2-full years of employment and who has an Associate degree or higher in any field or 60 -accredited units in any field or a field related to the employee’s position shall be compensated at 2.5% above Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 9 the employee’s base hourly rate of pay for which the employee otherwise qualifies pursuant to the provisions of this memorandum. 4.14.2. Bachelor’s Degree—Effective 7/1/2000, an employee who has completed 2-full years of employment and who has a bachelor’s degree or higher in any field shall be compensated at 5% above the employee’s base hourly rate of pay for which the employee otherwise qualifies pursuant to the provisions of this m emorandum. In no case, shall an employee be eligible to receive more than 5% education incentive. 4.15. Dispatcher POST Certification Incentive— 4.15.1. Intermediate or Advanced POST Certificate—An employee who has successfully completed probation and who possesses an Intermediate or Advanced Police Officer’s Standards and Training (POST) Public Safety Dispatcher certificate shall be compensated at a rate 1% of the employee’s base hourly rate for an Intermediate certificate or 2.5% for an Advanced certificate. 4.15.2. Eligibility and Written Notification—It is the employee’s responsibility to submit written notification to the Police Department’s Training Manager, upon the date of eligibility, requesting the education or certification incentive. The employee will not be entitled to retroactive pay if the written notice has not been submitted and/or received as in compliance with POST certification requirements. 4.16. Communications Center Special Assignment Incentive—A communications center employee who is assigned by the department head to the Police Records Division, Warrants or Training shall be compensated at 5% above the employee’s base hourly rate of pay for which the employee otherwise qualifies for the duration of the special assignment. 4.17. Uniforms— Except for employees who are New Members as defined by PEPRA, the monetary value for the purchase of uniforms and the maintenance through the City- contracted uniform company is reportable to PERS as special compensation. This excludes items that are for personal health and safety such as protective garments and safety shoes. Article 5. Health and Welfare Plans 5.1. Health Insurance Benefits—Regular employees shall be eligible to receive insurance benefits currently provided by the City through the contracts with insurance carriers or self-insurance programs. Effective 7/1/2000, part-time regular employees will be eligible to receive pro-rated health benefits. 5.2. Medical Insurance—Employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the medical plans the City has with the carriers, subject to the terms and conditions of the City’s contract with the providers. Should the City determine that a change in medical plan providers is warranted, it may establish a committee, comprised of one union representative from each bargaining unit, to assist in assessing a change in plan providers. 5.2.1. Medical Insurance Plans—Subject to the terms and conditions of the City’s contracts with medical insurance carriers, employees shall be permitted to select Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 10 July 1, 2021 through June 30, 2022 medical insurance coverage for themselves and their eligible dependents from one of the following plans: • Kaiser Permanente • Blue Shield of California. 5.2.2. Payment of Premiums Costs—The City shall pay the premium cost for employees and their dependents to the insurance provider for the plan selected by each employee. 5.2.2.1. Employee HMO Medical Premium Cost— All full-time regular employees on the City's medical plans shall contribute an amount equal to 10.0% of the HMO premium cost based on plan choice and category of coverage (single, two, family). Part-time regular employees will continue to receive pro-rated health benefits and pay their share of the HMO medical premium as provided in Section 5.1. 5.2.2.2. Employee Non-HMO Medical Premium Cost—In addition to the HMO premium share, employees enrolled in more expensive plans pay the difference between the HMO rate and the other premium rates based on plan choice and coverage size (single, two, family). 5.2.3. Effective Date of Coverage—The effective date of medical insurance shall be the first of the month following the date of hire, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which th e employee is on paid status prior to separation from employment with the City. Dependent coverage shall terminate on the date prescribed by each medical insurance carrier’s contract for discontinuance of dependents no longer eligible for coverage. 5.3. Dental Insurance— 5.3.1. Core Dental Plan—Employees and their dependents shall be provided dental insurance, subject to the terms and conditions of the City’s contract with the provider. 5.3.2. Calendar Year Maximum—The annual benefit maximum is $1,500. 5.3.3. Orthodontia—The lifetime orthodontia coverage is $1,000 for eligible dependents. 5.3.4. Payment of Premium Costs—The City shall pay the premium costs for employees and their dependents to the insurance provider. 5.3.5. Effective Date of Coverage—Coverage is effective on the first day of the month following completion of 6-full-months of employment with the City, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. 5.3.6. Buy-up Dental Plan—Subject to the terms and conditions of the City’s contract with the provider, employees may participate in an enhanced dental plan by paying the additional coverage costs over the core dental plan. 5.4. Vision Insurance— 5.4.1. Available Plan—Employees and their dependents shall be provided vision insurance, subject to the terms and conditions of the City’s contract with the provider. The provided plan is Vision Service Plan, Plan B, with a $10 co-pay. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 11 5.4.2. Payment of Premium Costs—The City shall pay the premium costs for employees and their dependents to the insurance provider. 5.4.3. Effective Date of Coverage—Coverage is effective on the first day of the month following date of hire. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. 5.5. Discretionary Benefit Option—. An employee may elect to receive deferred compensation monies and to have the City pay $550 per month into the employee's deferred compensation account in lieu of medical, dental, and vision benefits. If an employee exceeds the deferred compensation annual maximum contribution limit, any remaining City contributions will be made the employee’s Medical After Retirement Account (MARA). 5.5.1. Proof of Alternate Insurance—The employee must provide proof of alternate medical insurance and will be held responsible for maintaining own medical insurance benefits through the alternate source. 5.5.2. Exercising the Option—Employees wishing to exercise this option may do so by submitting a completed Discretionary Benefit Option form to the Human Resources Department. Employees may rejoin the City’s health plans once each year during the open enrollment or at another time during the year provided the employee has a qualifying event and submits requisite paperwork within 30 days of the qualifying event. 5.6. Life Insurance and Accidental Death and Dismemberment Insurance— 5.6.1. Term Life Value—Subject to the terms and conditions of the City’s contract with the provider, the Term Life Insurance for employees has a face value of $50,000. 5.6.2. AD&D Value—Subject to the terms and conditions of the City’s contract with the provider, Accidental Death and Dismemberment Insurance available for employees has a maximum benefit value of $50,000. 5.6.3. Payment of Premium Costs—The City shall pay the premium costs for employees to the insurance provider. 5.6.4. Effective Date of Coverage—Coverage is effective on the first day of the month following date of hire. Coverage shall terminate on the date the employee ceases to be an employee of the City. 5.6.5. Supplemental Life Insurance—Subject to the terms and conditions of the City’s contract with the provider, employees may purchase supplemental life insurance at their own cost through the City’s life insurance plan. 5.7. Disability Insurance Program—Subject to the terms and conditions of the City’s contract with the provider, only full-time employees shall be provided Short-term Disability (STD) and Long-term Disability (LTD) insurance. If an eligible and covered employee becomes disabled while insured, the provider will pay benefits according to the terms of the group policy after receipt of satisfactory proof of loss. 5.7.1. Short-term Disability—After a 20-calendar day waiting period, an employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount, until LTD benefit begins. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 12 July 1, 2021 through June 30, 2022 5.7.2. Long-term Disability—After a 90-calendar day waiting period, an employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount. 5.7.3. Payment of Premium Costs—The City shall pay the premium costs for medical, dental, vision, and life insurance for employees to the insurance providers. 5.7.4. Effective Date of Coverage—Coverage is effective the first day of the calendar month following the date of hire. Coverage ends on the date employment terminates. 5.8. Retirement Plans—Retirement benefits shall be those established for miscellaneous employees by the Federal Social Security Act providing Old Age and Survivor’s Insurance and the Public Employees’ Retirement System (PERS). 5.8.1. PERS Miscellaneous Retirement Formula— 5.8.1.1. 2.7% at Age 55—Classic Members as defined by CalPERS who were hired before April 24, 2010 will be provided a retirement benefit formula of 2.7% at age 55 with one-year final compensation. 5.8.1.2. 2% at Age 60—Classic Members as defined by CalPERS who were hired on or after April 24, 2010 will be provided a retirement benefit formula of 2% at age 60 with 3-year final compensation. 5.8.1.3. 2% at Age 62—New Members as defined by PEPRA who are hired on or after January 1, 2013 will be provided a retirement benefit formula of 2% at age 62 with 3-year final compensation. 5.8.2. Employee Contributions to Retirement System—The rate prescribed by the Social Security Act for employee contributions shall be deducted from the pay by the City and forwarded to the system in accordance with the rules and regulations governing such employee contributions. The PERS amount is 8% of reportable income as defined by PERL for the Miscellaneous Classic Employees and 50% of normal cost for the new members in accordance with the rules and regulations governing such contributions. 5.8.3. Optional Provisions Added—An employee who has served in the military may be eligible for Military Service Credit, as authorized by the Government Code. 5.8.4. Dispatch Retirement Legislation—Provide for “safety” category retirement program changes for communication dispatchers if PERS legislation is enacted. 5.9. Section 457 Deferred Compensation Plan—Employees are eligible, subject to the terms and conditions thereof, to participate in the Deferred Compensation Plans available to City employees. 5.10. Section 125 Plan—Based on the terms and conditions of the City’s plan, each employee may participate in the IRS-defined section 125 plan. Effective 7/1/2000 part-time regular employees are eligible to participate in this benefit. 5.10.1. Premium Contribution—Participants may pay premium contributions for employee and/or dependent coverage under the City's health care coverage plan(s) on a pre-tax basis. 5.10.2. Health Care Reimbursement—This program is available for out-of-pocket unreimbursed health care expenses as allowed under the Plan. 5.10.3. Dependent Care Reimbursement—This program is available for out-of-pocket unreimbursed dependent care expenses as allowed under the Plan. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 13 5.11. Deceased Employee Benefits—The City will provide up to 1 year of City-paid medical coverage to the spouse of an active employee who dies. 5.11.1. City-provided Retiree Spouse Benefit—The City will provide up to 2 months of City-paid medical coverage to the spouse of a retired employee upon the retiree’s death. 5.11.2. Spouse-paid Benefit—The City will allow the spouse of a deceased employee or retiree the option to purchase medical insurance from a City-provided medical, dental, or vision plan at the City’s premium rate, provided that the employee/retiree and spouse were be enrolled in the health plan prior to retirement; there is no cost to the City; the health provider does not require a City contribution; and the City is held harmless if the coverage is discontinued. 5.12. Payment of Unused Accumulated Sick Leave— 5.12.1. Eligibility— Upon death, receipt of a disability retirement, or concurrent full service retirement with CalPERS and the City with a minimum ten years of continuous City employment at the time of retirement, an employee shall be paid for half of the accumulated sick leave at the time of disability or service retirement, or death. 5.12.2. Rate Payable—Payment of unused accumulated sick leave hours for eligible employees shall be made at the employee’s enhanced hourly rate of pay. 5.12.3. Time of Payment—Payment may be made at the time of an employee’s separation or may be deferred to the first payroll period in the calendar year immediately following, at the option of the payee. 5.12.4. Hours Payable—An eligible employee shall receive payment for 50% of the unused sick leave hours on record, up to a maximum of 1,200 recorded hours with a payable amount of no more than 600 hours. 5.13. Retired Employee Health Benefits— 5.13.1. Group Medical Insurance for Qualifying Retirees—An employee who was hired on or prior to April 24, 2010 may elect to continue his or her City sponsored medical insurance if the employee is enrolled in the City's group medical plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The monthly premium that the City will make for retiree medical insurance pursuant to this provision equals the monthly monetary contribution that the City makes for single retiree medical HMO coverage. Retirees will be required to pay any additional costs in order to receive retiree medical benefits. An eligible retiree may also elect to continue dependent coverage provided that the retiree bears the full premium costs for any eligible dependents. Former part-time employees eligible for this benefit will receive a pro-rated retiree medical contribution based on the average budgeted hours of their former position during their final two years of City service. A retiree must continually receive a CalPERS retirement allowance in order to remain eligible to receive retiree medical insurance contributions. Any retiree that un -retires from CalPERS and returns to active service with a CalPERS covered agency will permanently forfeit their eligibility for retiree medical benefits pursuant to this provision. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 14 July 1, 2021 through June 30, 2022 5.13.2. Medical After Retirement Account (MARA)—An employee who was hired after April 24, 2010 will not be eligible to participate in the Retiree Medical Insurance program described in 5.14.1. Instead, the City will contribute one and one-half percent (1.5%) of such an employee’s base salary toward a Medical after Retirement Account (e.g. VEBA or similar City-sponsored plan). 5.13.3. Group Dental Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored dental insurance if the employee is enrolled in the City's group dental plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing dental coverage. 5.13.4. Group Vision Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored vision insurance if the employee is enrolled in the City's group vision plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing vision coverage. 5.14. Retirement Health Savings Plan—Employees are eligible to participate in the Vantagecare Retirement Health Savings Program (“RHS Plan”) established pursuant to the RHS Plan and Trust Document of the City of South San Francisco. Such participation is dependent on the establishment of participation rules. Article 6. Hours of Work and Work Schedules 6.1.FLSA Work Period—The FLSA standard work period is a seven-day work week that begins at 12:01 am Friday and ends at 12:00 midnight the following Thursday. Any exceptions to this work period will be documented and maintained on a list shared between the Human Resources Department and the Union. Nothing in this provision is intended to affect the right of any employee to overtime pursuant to the terms of this MOU. 6.2. Normal Workweek—The typical full-time regular workweek shall consist of 5-consecutive 8-hour days. In the Library, work days may not be consecutive. 6.3. Normal Workday—Eight-consecutive hours of work shall constitute a full-time regular work shift except that they may be interrupted by a lunch break. All employees shall be scheduled to work on a regular work shift; and each work shift shall have a regular starting and quitting time. 6.4. Meal Periods and Breaks—Employees in field positions in the appropriate divisions will be granted a 30-minute unpaid meal period at the approximate mid-point of the work shift. 6.5. Clean-up Period for Maintenance Services Employees—In addition, the maintenance employees will receive a paid 10-minute clean-up period for a combined total of 40 minutes, including travel. The morning and afternoon break periods of 15 minutes each will be taken at the job site unless another location is approved by the supervisor. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 15 6.6. Work Schedule—Work schedules showing the employee’s shifts, workdays, and hours shall be posted on the employee bulletin boards or at their service desk at all times. Work assignments and shift changes will be made at the beginning of the week during which a shift change is required, except in emergencies or if the affected employee agrees to such a change at another time during the regularly assigned work shift. The typical work week is Monday through Friday, except in the library where the work week is Friday through Thursday. 6.7. Alternate Workweek Schedules—For the purposes of the Library and for those departments continuously operating, or with hours of business that are open more than a normal business day, or for employees who work alternate workweeks, those employees shall work a schedule that is consistent with those hours. 6.8. Flexible Schedules—Upon the approval of the department head, an employee may arrange to work a flexible work schedule. This schedule may provide for a starting time other than the normal starting time on each workday and a quitting time other than the normal quitting time on each workday and it must not exceed 80 hours in a payperiod or, for FLSA purposes, more than 40 hours in a 7-day consecutive work period. 6.9. Schedule Changes—Except for situations where the City determines an emergency exists, changes in work schedules shall not be made until the employee and representative have been given reasonable opportunity to discuss said changes with the appropriate management representatives. 6.10. Work Schedules in the Communications Center— 6.10.1. Communication Center Work Schedules—The department head shall schedule employees’ workdays and workweeks, including shift assignments as necessary. 6.10.2. Changes to Scheduled Workdays and Workweek—The City shall meet and confer, but not necessarily agree, with the Union on any proposed changes to the length of the workday or the numbers of days per week employees are normally scheduled to work . 6.10.3. Meal and Rest Periods— 6.10.3.1. Meal Breaks—An employee will be granted a meal break away from the workstation of 30-minutes duration, provided that sufficient coverage of the work station is available. Employee’s time on authorized meal breaks shall be considered as time worked. 6.10.3.2. Rest Periods—When workload permits, employees may be allowed to take an informal up to a 15-minute rest break within the workstation. Employee’s time on such rest breaks shall be considered as time worked. The department will provide a rest break when a unit member has served an additional half shift of overtime, provided that staff is reasonably available to cover the break period. 6.10.3.3. Meal and Rest Periods Combined—Provided that sufficient coverage of the work station is available among dispatchers and supervising dispatchers, an employee may be allowed to combine the 15-minute rest break with the meal break, for a total 45-minute meal break. 6.10.4. Shift Assignments—The department head shall assign employees to shifts as necessary for the effective operations of the Communication Center. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 16 July 1, 2021 through June 30, 2022 6.10.5. Temporary Assignments—The department head may temporarily reassign an employee to another shift when it is necessary to accommodate temporary employee shortages. 6.10.6. Shift Seniority—Every 6 months or 1 year by mutual agreement, communications dispatchers will be allowed to select a shift based upon seniority within rank. 6.10.7. Shift Bids—When bidding on shifts for a year, employees shall be allowed to bid for their preferred shift assignments no later than December of each year for shift assignments to become effective in January and July. When bidding on shifts for six months, employees shall be allowed to bid for their preferred shift assignments no later than December to become effective in January, and in June to become effective in July. Seniority within classification will be given priority in assigning employees their preferred shifts, provided that the operating needs of the communication center have been reasonably met. The shift schedules to become effective in January and July respectively will normally be posted 4-calendar weeks prior to becoming effective. 6.10.8. Shift Rotation—No unit member shall be allowed to select from the same shift group for more than 3-consecutive bid periods or 18 months, whichever is shorter. The groups as defined, are day shifts, swing shifts, and night shifts. The supervising communications dispatchers will also select shifts in the same ratio as the available shifts, working up to three consecutive 6-month periods on one of the two shifts available to them before they must work one 6-month period on another shift. 6.10.9. Dispatcher Staffing— 6.10.9.1. Dispatch Schedule—It is the intention of the parties to maintain a dispatch schedule during this contract which takes into consideration the following conditions: • minimum staffing must be met at all times; • the schedule shall not have built-in overtime hours; • the goal is to schedule Dispatchers four 10-hour days; and • the FLSA work period will be modified as needed in order to ensure that FLSA overtime is not unintentionally created, and the parties will review and revise FLSA work periods whenever a change to the schedule occurs in order to prevent the creation of FLSA overtime when not intended. Article 7. Leaves 7.1. Holidays—Part-time regular employees receive this holiday benefit on a pro-rated basis. 7.1.1. Discretionary Holiday—Each regular employee shall be eligible for one 8-hour holiday in addition to the holidays observed by the City. Part-time regular employees receive this benefit on a pro-rated basis. The discretionary holiday accrues in the first pay period of each calendar year. Once accrued, this discretionary holiday should be used before vacation leave. An employee who has not used the discretionary holiday by the last day of the last payperiod in the calendar year shall forfeit the receipt of compensated time or pay for the holiday for that calendar year. 7.1.2. Observed Holidays— Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 17 7.1.2.1. Full-day Holidays—The City shall observe the following full-day holidays. January 1st .................................................... New Year’s Day Third Monday in January ............................ Martin Luther King, Jr. Day Third Monday in February .......................... President’s Day Last Monday in May ................................... Memorial Day July 4th ......................................................... Independence Day First Monday in September ......................... Labor Day Second Monday in October ......................... Indigenous People’s Day November 11th ............................................. Veteran’s Day Fourth Thursday in November .................... Thanksgiving Day Friday following Fourth Thursday in November .................................................... Day After Thanksgiving December 25th ............................................. Christmas Day 7.1.2.2. Half-day Holidays—In addition, the City observes the following half-day holidays. December 24th ............................................. Christmas Eve Day December 31st .............................................. New Year’s Eve Day 7.1.2.3. Day of Holiday Observation—Holidays which fall on a Sunday shall be observed on the following Monday. Holidays falling on a Saturday shall be observed on the previous Friday. Half-day holidays shall be observed on the workday immediately previous to the day Christmas Day and New Year’s Day are observed. 7.1.3. Holiday Compensation in the Communications Center—In lieu of paid time off for a holiday, each employee shall receive shift holiday pay as follows. 7.1.3.1. Full-day Holidays—An additional 8 hours of shift holiday pay at the employee’s enhanced hourly rate of pay in each payperiod in which the City’s full-day holiday occurs, as identified above. 7.1.3.2. Half-day Holidays—An additional 4 hours of shift holiday pay at the employee’s enhanced hourly rate of pay in each payperiod in which the City’s half-day holiday occurs, as identified above. 7.1.4. Holiday Eligibility—Employees who are on paid status the entire day before and the entire day after a holiday shall be eligible to receive holiday compe nsation with the holiday time considered as hours worked. A new employee who is not on regular paid status for the entire payperiod during which a holiday occurs shall not be eligible for holiday compensation during that payperiod. Employees on long-term disability are not eligible for holiday compensation. Part-time regular employees do not receive paid vacation leave; therefore, part-time regular employees on pre-approved leave without pay for vacation purposes may receive holiday pay during the unpaid vacation leave. 7.1.5. Day of National Mourning or Celebration—In addition, the City may observe any other day of national mourning or celebration, provided that it has been proclaimed by the City Council and provided that the council directs the closure of City offices for public service. Any such holiday shall be granted only to those employees who are regularly scheduled to work on the day in which the council proclaims such a holiday. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 18 July 1, 2021 through June 30, 2022 7.1.6. Holiday Compensation for Employees on Injury or Illness or Sick Leave—An employee who is scheduled to work on the day immediately prior to a holiday, on the actual day of a holiday, or the day immediately following a holiday who does not report for duty as scheduled due to personal injury or illness or sick leave shall submit such verification or certification of illness or injury as is satisfactory to the department head prior to receiving compensation for the holiday. 7.2. Vacation—All full-time regular employees shall be eligible to earn and be granted vacation leave. 7.2.1. Vacation Accrual Rates—Each full-time employee shall accrue vacation hours in accordance with the following accrual rate schedule. Length of Service Payperiod Accrual Rate Annual Rate 1st through 4th years ........................ 4.62 hours .............................. 15 days 5th through 14th years ..................... 6.16 hours .............................. 20 days 15th through 24th years ................... 7.69 hours .............................. 25 days 25th and succeeding years ............. 9.23 hours .............................. 30 days 7.2.2. Vacation Scheduling—The times during the year at which an employee shall take a vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard for the needs of the service. Employees shall request vacation at least three days in advance. 7.2.2.1. Communications Center Vacation Scheduling—The department head shall schedule vacation periods during which employees shall take vacation time for which they are eligible. Employees shall be allowed to bid for their preferred vacation periods by seniority within classification. Absent approval of the department head, no more than two communications dispatchers and one supervising communications dispatcher may be on planned absences such as vacation, compensatory time, or discretionary holiday at the same time. 7.2.3. Maximum Vacation Accumulation— Employees may not accumulate more than two times their annual accrual amount of vacation hours. Once an employee has accumulated two times the annual accrual, no further vacation leave will accrue until the pay period after the vacation balance has been reduced below the two-year cap. 7.2.3.1. Vacation Cap Appeal—If an employee is continually denied vacation or pre-scheduled vacation is cancelled, the employee may submit documentation for review by Human Resources on a case-by-case basis for resolution based on the following criteria: • The employee has signed documentation that the vacation was approved and then cancelled at a later date. • The employee has multiple (3 or more) documented vacation denials that are not for prime vacation periods (i.e., Thanksgiving, Christmas, New Year’s, Independence Day, etc.) and are not short notice requests (less than 30 calendar days). 7.2.4. Vacation Cash-Out—Employees shall be allowed to cash out up to 40 hours of unused accrued vacation per calendar year with the following provisions: • Employees must have completed a minimum of one year of service. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 19 • Employees must maintain a minimum of 80 hours of accrued vacation hours in their vacation bank. • Vacation hours shall be compensated at the employee’s enhanced rate of pay as of the date of the cash out. • Employees must complete an irrevocable election form and submit the completed form to the Human Resources Department no later than December 15 of the calendar year prior to the year of the desired cash out. Only time accrued during the calendar year following the irrevoc able election may be cashed out. • Time may be paid out twice annually in May and November as long as employees have submitted an irrevocable election form in the prior year. 7.2.5. Vacation Compensation—An employee who retires or separates from City employment shall be compensated at the employee’s enhanced rate of pay for all compensable vacation leave on record at the time of separation. 7.3. Notification Procedures—Leave usage forms and notification procedures will be used. For all discretionary leaves, such as vacation, discretionary holiday, or compensatory time, an employee who is absent from work shall, as determined by departmental policy, notify the immediate supervisor or such other person as may be designated. For other such leaves, the employee shall notify the immediate supervisor or such other person as may be designated at the earliest possible time that the employee is aware of the absence. The City reserves the right to confirm or verify use of leaves. 7.4. Bereavement Leave—Each regular employee may take leave without loss of pay for the purpose of attending the funeral of any member of his/her immediate family, as defined below. Effective 7/1/2000 part-time regular employees will be eligible for this leave on a pro-rated basis. 7.4.1. Leave Amounts— 7.4.1.1. Leave Within California—An employee may be granted up to a maximum of 24 hours of bereavement leave per occurrence for the death or funeral of a family member within California. 7.4.1.2. Leave Outside California—An employee may be granted up to a maximum of 40 hours of bereavement leave per occurrence for the death or funeral of a family member outside of California. 7.4.2. Definition of Immediate Family for Bereavement Leave—As used herein for bereavement leave, immediate family is defined as spouse, registered domestic partner with State of California, child, father, mother, brother, sister, grandfather, grandmother, father-in-law, mother-in-law, brother-in-law, sister-in-law, daughter-in- law, and son-in-law. In addition, the department head may grant the above described leave in the event of the illness or disability, or for funeral of someone other than those persons designated if, in the department head’s opinion, there exists an extraordinarily close relationship between the employee and such person. 7.5. Sick Leave—An employee who is ill or injured, or is entitled to use sick leave for other purposes as required by law, is entitled to paid sick leave as follows: Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 20 July 1, 2021 through June 30, 2022 7.5.1. Sick Leave Accrual Rate—Each full-time regular employee shall accrue sick leave hours at the rate of 3.69 hours per payperiod up to a maximum accrual of 1200 hours. An employee who worked less than full-time during the payperiod shall be credited with sick leave on a pro-rated basis for all paid time during the payperiod. Sick leave for part-time regular employees is prorated. 7.5.2. Sick Leave Request—An employee shall prepare and present a request for paid sick leave on each occurrence of sick leave on such forms and in accordance with such policies and procedures established for sick leave requests by the department head. 7.5.3. Approval of Sick Leave Requests—The department head shall review all sick leave requests and, if approved, the employee’s request for paid sick leave shall be granted. The department head shall not unreasonably withhold approval of an employee’s sick leave request. 7.5.4. Verification of Injury or Illness— A doctor’s note of the injury or illness is the verification that is prepared and signed by a doctor or licensed health care practitioner verifying the need for the employee to be off work and/or confirming that the employee has recovered sufficiently to assume light duty, or is able to perform regular work without restrictions. After an employee has used the greater of 24-hours or three days of sick leave in a calendar year, the City may require doctor’s verification of injury or illness if the City has a reasonable belief that the sick leave has been abused by the employee. 7.5.5. Maximum Paid Sick Leave Time—All leave taken and approved shall be provided to an employee without loss of pay or benefits provided that the employee has sufficient unused accumulated sick leave. An employee who has insufficient unused sick leave hours on record to use for the purposes prescribed may request the use of other paid leave balances or leave without pay. The department head may approve the use of other paid leave hours or leave of absence without pay in lieu of such leave by an employee for such purposes. 7.5.6. Protected Leave (This section is intended to explain the legally protected sick leave entitlements and it does not replace or reduce employee sick leave as described in other sections of this Article or in other policies.)—Employees are permitted to use up to half of their annual sick leave allotment, in any calendar year, for the following purposes: • the diagnosis, care, or treatment of an existing health condition of, or preventative care for, themselves; • the diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s child (regardless of age or dependency status), parent, spouse, registered domestic partner, grandparent, grandchild, sibling, and parent of the employee’s spouse or registered domestic partner; and 7.6. If the employee is a victim of domestic violence, sexual assault, or stalking, to obtain any relief to help ensure the health, safety or welfare of the employee or his or her child. Medical Appointments Leave—A full-time regular employee may be granted leave without loss of salary or benefits for the purpose of going to appointments with health care practitioners or dentists in instances where the employee can demonstrate that the appointment could not have been reasonably scheduled to occur at a non-work time of the Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 21 employee. Medical appointment leave will be charged on a calendar-year basis. Effective 7/1/2000, part-time regular employees will receive this benefit on a pro-rated, non- retroactive basis. 7.6.1. Approval—An employee requesting such paid leave shall receive department head approval prior to the leave commencing. Medical appointment leave shall be authorized only for that period of time necessary to provide reasonable travel time to and from the appointment and the actual time required for the appointment. 7.6.2. Affidavit of Leave—The employee requesting such leave shall submit a sick leave request form describing the need for the appointment. 7.6.3. Leave Confirmation—The City reserves the right to confirm or verify any appointment for which such leave is authorized. 7.6.4. Medical Appointment Leave Charged to Sick Leave—Absences of the first 8 hours per calendar year will not be charged to sick leave; the remainder of any leave used for medical appointment purposes will be charged to sick leave. 7.6.5. Scheduling Medical Appointments—Employees should reasonably attempt to schedule appointments with health care practitioners or dentists when such appointments can occur outside of work hours. 7.7. Industrial Injury Leave—An employee who is temporarily and/or partially disabled from performing work as the result of an injury or illness that has been determined to be industrially caused and necessitates the employee’s absence from work shall be entitled to receive the following benefits: 7.7.1. Use of Accumulated and Unused Sick Leave—An employee shall be entitled to use accumulated and unused sick leave hours to receive full compensation for all hours the employee is scheduled to work but is unable to work. Upon exhausting unused sick leave hours, an employee may use accumulated and unused vacation and/or compensatory time on record to receive full pay for all hours worked until the employee becomes eligible to apply for long-term disability benefits or is able to return to work, whichever occurs first. 7.7.2. Workers’ Compensation Benefits—Employees shall be eligible to receive workers’ compensation disability benefits in accordance with the State of California workers’ compensation laws. Employees who are using accumulated or unused sick leave, vacation leave, and/or compensatory hours, shall assign all workers’ compensation proceeds to the City and shall have their sick leave, vacation and/or compensatory hours reimbursed on a dollar-for-dollar basis. 7.7.3. Credit for City Reimbursement—In the event that the City receives third party reimbursement for benefits paid to an employee, the City will credit th e employee’s sick leave, compensatory time, and/or vacation leave balances with full or partial credits consistent with the conditions of the third-party reimbursement. 7.8. Military Leave—Military leave shall be granted in accordance with the provisions of applicable state and federal laws. All employees legally entitled to military leave shall provide the department head with the information, within the limits of military orders or regulations, to determine when such leave shall be taken. The department head may modify the employee’s work schedule to accommodate the requirements applying to the leave. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 22 July 1, 2021 through June 30, 2022 7.9. Maternity/Paternity and Child Bonding Leave—An employee will be granted leave in accordance with applicable Federal and State laws. 7.10. Unpaid Leave of Absence—The City may grant an employee in a permanent position a leave of absence without pay not to exceed 1 year. A request for the leave and the reason therefore shall be submitted in writing and must be approved by the department head and the City Manager. 7.10.1. Reinstatement Upon Return From Leave—Upon expiration of the approved leave, the employee shall be reinstated to the former position without loss of service credits or benefits (subject to the terms of the contracts with the benefit providers) accrued prior to said leave. However, during the period of the leave, the employee shall not accumulate service credits, nor shall the City continue contributions toward group insurance or the retirement plan. 7.10.2. Failing to Return from Leave—Failure on the part of the employee to return to work on the date scheduled shall be considered job abandonment. Article 8. Modified-duty Program 8.1. Modified-duty Program—Modified duty is an accommodation to the work requirements for an individual with physical restrictions. 8.1.1. Purpose—The purpose of this modified-duty program is to minimize the loss of productive time, while at the same time reintroduce the employee to work to prevent deterioration of skills, facilitate recovery, and reduce income loss. Modified-duty assignments will be structured so that employees are not placed in a duty status that would aggravate or cause a reoccurrence of injury or illness. Modified-duty assignments will not be made unless the employee receives medical clearance from the treating physician to return for modified duty. This program shall be coordinated with applicable workers’ compensation benefits so that benefits are provided at the level not less than mandated by state law. The City will strive to make modified duty available where reasonable and safe. 8.1.2. Coverage—This modified-duty program will cover any employee who suffers a temporary and partial disability due to an industrial or non-industrial injury or illness. 8.1.3. Determination/Required Reports— 8.1.3.1. Assignments—Modified-duty assignments may be made following evaluation and determination by the department head. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determinations will also be based on the needs of the City and the impact of modified duty on departmental operations. The evaluation and determination of modified-duty assignments will be based on the employee’s medical restrictions and upon agreement of the department head, the employee, and the affected supervisor. 8.1.3.2. Medical Updates—Updated medical reports shall be submitted to the department head at two-week intervals, or at other agreed upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non-industrial injuries or illnesses regardless of whether a modified-duty Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 23 assignment has been made. Reports will be evaluated by the department head for purposes of continuing or terminating a current modified-duty assignment or to determine when to commence a modified-duty assignment. 8.2. Modified-duty Assignment, and Restrictions—Modified-duty assignments shall only be provided to employees with temporary disabilities where it has been medically determined that the employee will be able to return to the essential functions of his/her current job with or without accommodation. Under no circumstances shall the modified-duty assignment be considered to be a permanent alternative position for purposes of reasonable accommodation under applicable law. Modified-duty assignments: • May consist of reduced work hours, limited work, or any combination thereof. • Will not adversely affect the employee’s normal wage rate. • Will be within the employee’s assigned department; or if no regular work is available, the employee may be assigned work outside of the department consistent with skill and ability. • When feasible will be during the employee’s normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee can be assigned modified duty during the normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. • Will be developed based on a case-by-case review of the medical restrictions, so as not to aggravate an injury or illness. 8.3. Holidays/Vacations during Light-duty Assignments— 8.3.1. Observed Holidays—Holidays shall be observed in accordance with the modified- duty assignment work hours and workweek. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take a holiday off, so shall the modified-duty employee. If the employee is assigned to work hours in a department, division, or operating unit where employees in that work unit work holidays, so shall the modified-duty employee. Compensation for holidays shall be in accordance with this Memorandum of Understanding. 8.3.2. Vacations—Employees assigned to modified duty shall take their vacation as normally scheduled. Vacations shall cover the same number of workdays and calendar days as would have been if the employee had remained on full duty. Employees may reschedule their vacation with the approval of the department head, provided the rescheduling does not result in increased costs or lost time to the City for relief staff to cover the rescheduled vacation. 8.4. Return to Full Duty—Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume the full duties of the classification with or without reasonable accommodation. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 24 July 1, 2021 through June 30, 2022 Article 9. Education Expense Reimbursement Program 9.1. Education Expense Reimbursement Program—An employee who takes a job-related course at an accredited institution of learning shall be eligible for the costs of tuition, fees and course materials up to $2,000 per fiscal year upon the successful completion of the course and upon the employee achieving a grade of “C” or better, or passing for a pass/fail course. 9.2. Reimbursement Amount—An employee who takes a job-related course at an accredited institution of learning shall be eligible to receive reimbursement per fiscal year for the costs of tuition, fees, and course materials. The employee will be eligible for this reimbursement upon the successful completion of the course and upon the employee having achieved a grade of “Pass” or “C” or better. 9.3. Qualifying for Program—In order to qualify for reimbursement, the employee must: 9.3.1. Department Head Approval—Prior to enrollment, the employee must receive the written approval of the department head concerning the particular course. To be approved by the department head, the department head must find that the course must be job-related after reviewing the request which briefly describes why the employees believes the course to be job-related. 9.3.2. Reimbursement Request—Provided that the department head finds that the course is job-related and approves the employee’s request, the employee shall submit a request for reimbursement to the City Manager that includes a copy of the department head’s written approval of the course, a copy of the employee’s course grade, the receipts for all course expenses, and a total amount requested for reimbursement. 9.3.3. City Manager Approval—The City Manager shall approve the employee’s request for reimbursement provided that the employee has prepared the request in compliance with this Article. 9.4. Communications Center Personal and Professional Development Expense Reimbursement–– In each fiscal year, all bargaining unit employees shall be eligible to receive $500 for personal and professional development. The reimbursement shall be used for professional reference materials, outside training, extra coursework, personal electronic equipment, when utilized for work-related purposes, health and wellness, and professional organization membership. This reimbursable allowance shall be paid in accordance with PERL (Public Employees; Retirement Law) and the IRS tax code. Employees shall provide receipts to their Department Head for approval. Employees who have submitted their intent to separate from the City shall not be eligible for any remaining reimbursements during that fiscal year. Article 10. Recreational Facilities and Classes 10.1. Admission to Classes— 10.1.1. Full-time Regular Employees—All full-time regular employees shall be entitled to free admission to City recreation facilities and to free enrollment in up to 5 recreational classes during a 12-month period (lab fees or ingredient fees not included). 10.1.2. Part-time Regular Employees—All part-time regular employees shall be entitled to free admission to City recreation facilities and to free enrollment in up to 3 recreational classes during a 12-month period (lab or ingredient fees not included). Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 25 10.2. Use of Facilities—Employees using City recreation facilities and enrolled in City recreational classes shall engage in such activities on the employee’s non -work time. Employee admission to recreation facilities and recreation classes shall be accomplished in conformance with the rules and regulations established by the source department. Article 11. Replacement and Reimbursements 11.1. Tool Replacement Costs— 11.1.1. Replacement Amount—An employee in an eligible classification who is required to provide tools shall be eligible to receive up to $600 per fiscal year for the purpose of providing the employee with tool replacement costs. Eligible classifications are as identified in Appendix D. 11.1.2. Reimbursements—In order to receive reimbursement for tool costs or tool replacement, an employee must be required to provide tools for the job and must submit a reimbursement request to the City prior to the reimbursement cutoff date each fiscal year of June 1st. 11.2. Safety Shoe Reimbursement—The City will reimburse employees in eligible classifications who purchase and wear approved safety shoes during their regular duty shift up to $240 per fiscal year. Eligible classifications are noted in Appendix D. Article 12. Safety Program and Equipment 12.1. Observation of Safety Rules and Regulations—Both the City and the Union shall expend every reasonable effort to ensure that work is performed with a maximum degree of safety, consistent with the requirements to conduct efficient operations. Each employee covered by this memorandum agrees to comply with all safety rules and regulations in effect and any subsequent rules and regulations that may be adopted. Employees further agree that they will report all accidents and safety hazards to the appropriate management official immediately. Any employee having knowledge of or who is a witness to an accident shall, if requested, give full and truthful testimony. 12.2. Safety Program—The City has established a safety program and representatives of this unit shall serve on the safety committee. 12.3. Safety Equipment—The City shall continue to supply employees with safety equipment required by the City and/or Cal/OSHA. All employees shall use City supplied safety equipment only for the purposes and uses specified under applicable safety rules and regulations. 12.4. Prescription Safety Glasses—Prescription safety glasses will be provided to those employees who are required by safety regulations to wear them on the job, provided employees use the City’s vision care plan in order to obtain the prescription. Those classifications eligible for prescription safety glasses are identified in Appendix D. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 26 July 1, 2021 through June 30, 2022 Article 13. Dress and Uniform Policy 13.1. Communications Center Dress Policy—Clothing must be neat and clean with the following not allowed—ragged or torn clothing, halter tops, cut-off tops, or shorts; clothing displaying obscene or indecent language; pictures of slogans; house shoes, slippers, or other footwear with exposed toes. 13.2. Maintenance Services Uniform Policy—The uniform policy for the maintenance services division includes parks, streets, building maintenance, and garage staff who are supplied with work apparel. 13.2.1. Purpose and Intent—The purpose and intent of this policy is to assist the public in identification of our staff, provide a consistent appearance, and promote a professional image of our City’s work force. 13.2.2. Work Clothing—Employees are provided with a change of shirt and pants for each workday and coveralls if so desired. The City has a contract with a uniform company to provide work clothing and will pay the expenses to provide these uniforms. The City will provide 6 t-shirts that will be laundered by the employee. In addition, the City also supplies safety colored jackets, vests, sweatshirts, and hats. 13.2.3. Wearing and Use of Work Clothing—Each employee who is provided work clothing will wear it each day. No modifications will be made, removed, or added to the clothing to personalize garments. Two styles of shirts are available—tails and square cut. Shirts with tails must be tucked into the pants; however, square cut shirts may remain outside of the pants. Both types of shirts must be buttoned to be consistent with a neat, professional appearance. If the employee desires to wear a hat, only hats issued by the City will be worn. 13.2.4. Jackets and Sweatshirts—The employee may wear jackets and sweatshirts as issued by the City only. The employees will clean these. The City will replace all uniform apparel on an as needed basis. 13.2.5. Repair or Replacement of Uniforms—Each employee is required to communicate to the uniform company the loss or needed repair of garments through the contractors notification system. Problems or shortages of garments will be reported to the employee’s supervisor. 13.2.6. Dress Standards—Employees will be evaluated on their dress and use of uniforms. Employees who consistently fail to adhere to this policy may be subject to disciplinary action. 13.3. Protective Garments for Safety Inspectors—The City shall supply and maintain overalls for building inspectors and the public works inspector. Article 14. Class A and B Driver’s Licenses 14.1. Requirement—A commercial class B driver’s license will be required for all employees hired after 8/1/1996, in the classifications identified in Appendix D. Those employees who possessed a Class B license as of 8/1/1996 will be required to maintain the license. 14.2. License Reimbursement Costs—The City shall reimburse the employees identified in Appendix D the cost of the license and license renewal fee for a class A and B license. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 27 14.3. Class A Incentive Pay—Those employees in Appendix B employed in the Public Works Department may receive a $25 incentive per month to obtain and maintain a Class “A” commercial driver’s license. Any employee possessing a Class A license must perform the work requiring the license when requested by the City to do so even if the work is in a department other than Public Works. Article 15. Personnel Practices 15.1. Transfer and Promotion— 15.1.1. Transfer—An employee may be transferred by the City Manager from one position to another position in the same or comparable classification carrying essentially the same maximum salary and which the employee is qualified to perform. 15.1.2. Promotion—The City shall endeavor to fill vacancies by promotion when in the best interests of the service. In the event the City Manager determines to fill a vacancy by promotion, the personnel board prepares and administers an examination for those employees who meet the minimum qualifications. The names of the successful candidates shall be recorded in the order of their standing in the examination on an employment list. Closed promotional appointments shall be made from the first 4 candidates (the number may unilaterally be changed by City Council resolution) on the employment list who are ready, willing, and able to accept the position offered. 15.1.3. Flexible Staffing—Sufficient positions will be provided so that all full-time regular employees in the Library Assistant I classification with 2 years of experience will be eligible to be promoted to the full-time regular Library Assistant II classification, providing the employees pass an examination. Sufficient positions will be provided so that all full-time regular employees in the Librarian I classification with 2 years of experience will be eligible to be promoted to the full-time regular Librarian II classification, providing the employees pass an examination. 15.2. Time Off for Examination—Promotional examinations scheduled by the City during an employee’s regular working hours may be taken without loss of compensation. 15.3. Employment Lists—Promotional lists shall become effective upon approval thereof by the personnel board. Employment lists shall remain in effect for 1 year, unless sooner exhausted and may be extended, prior to their expiration dates, by action of the personnel board for additional 3-month periods, but in no event shall the list be extended for more than one additional year. If an appointment is to be made from an open-competitive list, the names of all persons on the list shall be certified. The name of any person on an employment list may be removed by the City Manager for any of the following reasons, if: 15.3.1. Formal Request—The eligible person requests, in writing, the name to be removed. 15.3.2. Failing to Respond—The employee fails to respond to a written offer of employment 6-business days from mailing. 15.3.3. Investigation Report—A subsequent background investigation is unsatisfactory. 15.3.4. Passed Over—The person has been passed over for appointment 3 times. 15.4. Probationary Periods—All original and promotional appointments shall be tentative and subject to a probationary period of not less than 12 months of actual service Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 28 July 1, 2021 through June 30, 2022 from the date of probationary appointment or promotion. Probationary periods for promotions within a classification series shall be for a period of not less than six (6) months unless extended by the department head or designee to 12 months. The decision to extend the probationary period is within the sole discretion of the department head or designee and is not subject to the grievance procedure. 15.4.1. Probation Reinstatement and Re-employment—An employee who is laid off and subsequently appointed as a result of certification from an employment eligible list to a position of different classification than that from which laid off, shall undergo the probationary period prescribed for the classification to which appointed. Former probationary employees appointed from a reinstatement or re-employment list must serve the remainder of their probationary period in order to attain permanent status. 15.4.2. Probation Transfer—Employees who transfer to another division shall be required to undergo a new probationary period in the position into which transferred. If unsuccessful in the new probationary period, the voluntarily transferred employee shall be reinstated into their former position. Employees transferred non-voluntarily shall be reinstated to their former position if unsuccessful in their new probationary period. 15.4.3. Probation Promotion—An employee who previously completed the requisite probationary period and who is rejected because of a subsequent probationary period for a promotional appointment, shall be reinstated to the former positions from which the employee was promoted, provided that this Subsection shall not be construed so as to prohibit the City from discharging any employee during a subsequent promotional probationary period. 15.4.4. Rejection during Probationary Period—The appointing authority may terminate a probationary employee at any time during the probationary period without the right of appeal in any manner and without recourse to the procedures provided in the grievance Article of this Memorandum of Understanding, unless the employee alleges that the termination was due to discrimination prohibited by City, state, or federal statutes or regulations. If such discrimination is alleged, the appeal or grievance shall be decided by the Assistant City Manager solely on the basis of whether or not the termination was due to discrimination. Unless it is determined that there was discrimination, the Assistant City Manager hearing the appeal or grievance shall not substitute their judgment for that of the appointing authority. The Assistant City Manager’s decision is final. 15.5. Performance Appraisals—At a permanent employee’s discretion, within 10 days of receiving the performance appraisal document, the employee may meet with evaluator’s immediate supervisor to discuss the evaluation. The decision of the evaluator’s immediate supervisor is final and is not required to be in writing, and the employee will have no other right to appeal. 15.6. Resignation and Reinstatement— 15.6.1. Resignation—An employee desiring to leave the City in good standing shall submit a letter of resignation to the immediate supervisor no later than 2 weeks in advance of the effective date of separation; complete an exit interview; and receive at least a satisfactory final evaluation. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 29 15.6.2. Reinstatement—A permanent employee, who has resigned in good standing, may be reinstated within 2 years of the effective date of resignation. Such reinstatement may be to a vacant position in the employee’s former classification, or to one in a comparable classification which does not carry a significantly higher rate of pay and which employee is qualified to perform. Reinstatement shall be made at the salary step approved by the City Manager. The reinstated employee will serve the designated probationary period for that classification prior to becoming a permanent employee, regardless of the salary rate at which the employee is reinstated. Article 16. Reduction-in-Force, Layoff, and Re-employment 16.1. Seniority—Seniority, for the purpose of layoff, is defined as length of continuous full-time employment within the service of the City, except for service on a provisional and temporary status. Seniority shall be retained, but shall not accrue during any period of leave without pay, except for authorized military leave granted pursuant to California state military and veterans’ code. 16.2. Council Determination—Whenever in the judgment of the City Council, it becomes necessary in the interest of economy or because of necessity for the position or employment involved no longer exists, the City Council may abolish any position or employment in the competitive service and lay-off, reassign, demote or transfer an employee holding such position or employment and same shall not be deemed a disciplinary act or act requiring written charges. The appointing authority may likewise lay off an employee in the competitive s ervice because of material change in duties or organization or shortage of work or funds. 16.3. Order of Layoff—When one or more employees performing in the same class in the same City department are to be laid off (provisional and temporaries therein having already been terminated), the order of layoff in the affected department shall be as follows: 16.3.1. Hourly Employees—Part-time hourly employees including per diem, seasonal, and temporary workers. 16.3.2. Probationary Employees—Probationary employees by classification in reverse order of seniority. 16.3.3. Part-time Regular Employees—Permanent part-time employees by classification in reverse order of seniority. 16.3.4. Full-time Regular Employees—Permanent full-time by classification in reverse- order of seniority. 16.4. Identical City Service—Should two or more employees have identical City service seniority, the order of layoff will be determined by classification seniority. Whenever two or more employees have identical classification seniority, a mutually agreeable random selection process shall determine the order of layoff in the affected department. 16.5. Notice of Layoff—Employees shall be forwarded written notice, including reasons therefore, by certified registered mail, return receipt requested or personally served, a minimum of 10-working days prior to the effective date of layoff. An employee receiving said notice may respond, in writing, to the City Manager. The employee’s representatives shall receive concurrent notice, and upon request, shall be afforded the opportunity to meet Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 30 July 1, 2021 through June 30, 2022 with the City to discuss the circumstances requiring the layoff and any proposed alternatives which do not include the consideration of the merits necessity or organization of any service or activity. The employee must make this request in writing at least 5 - working days prior to the effective date of layoff. 16.5.1. Bumping Rights—Employees receiving notice of layoff shall have the right to assume a position held by a less senior employee as follows: 16.5.1.1. Same Classification—The senior employee may bump a less senior employee in the same classification. 16.5.1.2. Former Classification—The senior employee may bump a less senior employee in a classification to which the senior employee was formerly assigned. 16.6. Reassignment In Lieu of Layoff— 16.6.1. Vacant Position in City—In the event of layoff, the employee will be allowed to transfer to a vacant position that the City intends to fill in the same classification in any City department. 16.6.2. Former Classification—In the event that there are no vacant positions in the same classification in any department, an employee will be offered a vacant position in any classification at the same or lower salary in which permanent status had formerly been held, first in the affected department and then Citywide. 16.6.3. Displacement—In the event that there are no vacancies as listed above, the employee shall have the opportunity, upon request, to be assigned to any classification in the department at the same or lower salary in which the employee meets the minimum qualifications and a regular layoff procedure in the same or l ower-level classification shall apply. 16.6.4. Salary Placement—Employees transferred, assigned or demoted under this subsection, will be given a step in the new classification salary range closest, but not exceeding, the employee’s salary at the time of appointment. 16.7. Layoffs—In the event that an employee is not reassigned in lieu of layoff, the employee shall be laid off. If an employee elects not to exercise bumping rights, the employee may be deemed to have been offered and to have declined such work. Laid off employees are to be paid for accrued vacation and sick leave when separated as a result of a layoff. 16.8. Layoff Re-employment and Reinstatement Lists— 16.8.1. Classification Reinstatement List—Probationary and permanent employees who are reclassified and/or demoted as a result of a reduction in force, shall have their names placed on a classification reinstatement list, in order of their seniority. Vacant positions within their classification shall first be offered to employees on this list. 16.8.2. Re-employment List—Employees who are laid off shall have their names placed on a re-employment list of classifications which, in the opinion of the personnel officer, requires basically the same qualifications and duties and responsibilities as those in the classification from which the layoff occurred, in order of seniority. Vacant positions in such classifications shall be offered to eligibles on the re-employment list that qualify for such vacancies prior to an open or promotional recruitment. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 31 16.8.3. Length of Placement on List—No name shall be carried on a reinstatement or re- employment list for a period of longer than 2 years. Refusal to accept the first offer or reinstatement or re-employment within the same classification shall cause the name to be dropped from the list. Individuals not responding to written notification, by certified registered mail, return receipt requested, forwarded to their last given address, of an opening within 10-working days from mailing, shall have their names removed from either a reinstatement or re-employment list. Individuals who do not meet current employment standards (i.e., medical, licenses, etc.) shall have their names removed from either a reinstatement or re-employment list. 16.8.4. Probationary Period—Probationary employees appointed from a reinstatement or re-employment list must serve the remainder of their probationary period in order to attain permanent status. Article 17. Emergencies Nothing contained in the Memorandum of Understanding shall limit the authority of the department head or the City to make necessary changes during emergencies. The department head shall notify the Union of such changes as soon as possible. Emergency assignments of staff shall not exceed beyond the period of the emergency. An emergency is defined as an unforeseen circumstance requiring immediate implementation of the change. Article 18. Notification The City shall give reasonable prior written notice to the Union of any ordinance, rule, resolution, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City and shall give the Union the opportunity to meet with the City prior to such adoption. In cases of emergency, when the City determines that an ordinance, rule, resolution, or regulation must be adopted immediately without prior notice or meeting with the Union, the City shall provide such notice and opportunity to meet at the earliest practicable time following the adoption of such ordinance, rule, resolution, or regulation. Article 19. Contracting Unit Work (except Communications Center employees) 19.1. Contracting Work—All unit work that City staff proposes to contract out will first fall under the provisions below: 19.2. Union Notification—At least 90 days prior to any council action to contract existing unit work, the City will provide the Union with notice and opportunity to submit alternative proposals. Notice shall include all documents and information relevant to the contract proposal. Any proposal for contracting out unit work shall be scoped out and specifications prepared to provide an opportunity for unit members to bid competitively on the services to be provided. 19.3. Committee Review—A joint committee comprised of three Union and three management representatives, each appointed by the respective parties, will review all unit Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 32 July 1, 2021 through June 30, 2022 work which the City proposes to contract out prior to such contracting out. The committee will meet within 30-calendar days of notice to review. 19.4. Committee Results—If after committee review there is no majority consensus agreement, the unit work may be considered by the City Council provided both the Union and management have the opportunity to provide the City Council with written reasons for being for or against the proposal. 19.5. Bid Process—All bids for work presented by private contractors shall be in accordance with the state of California’s prevailing wage laws without exception. The City shall review all bids submitted by private contractors for compliance with regard to prevailing wage rates. Article 20. Grievance Procedure for Disciplinary Matters 20.1. Definition of Grievance—A grievance is defined as any disciplinary action and/or dispute involving the interpretation, application or alleged violation of: • Any provision of the MOU between the City and the Union, excluding however, those provisions of the MOU which specifically provide that the decision of any City official shall be final, and where the MOU includes a procedure that governs the dispute. • The grievance process does not cover the following decisions within management rights include decision regarding: (1) classifications of positions; (2) recruitment, selection, appointment and examination processes; (3) extensions of probationary periods; (4) non-disciplinary transfers, reassignments, reorganization and reallocation of positions; (5) the content of performance evaluations; (6) requiring employees to submit to fitness for duty evaluations; and (7) layoffs (as opposed to the impacts of layoffs). 20.2. General Conditions— 20.2.1. Extended Time Limits—Any time limit set forth in this article may be extended by mutual written agreement between the City and the Union. 20.2.2. Failure to Comply with Time Limits—Failure on the part of the Union to comply with the time limits of this procedure or any extensions thereto shall constitute a withdrawal of the grievance without further recourse to re-submittal. Failure on the part of the City to comply with the prescribed time limits or extensions shall result in the grievance being moved to the next step of the procedure. 20.3. Grievance Steps—The general steps in the grievance procedures are as follows. Note that some steps in the grievance procedure may be eliminated if the employee reports to a department head or if the employee’s second-line supervisor is the department head. 20.3.1. Step 1: Immediate Supervisor (Problem Solving)—Employees shall bring their grievances to the attention of their immediate supervisor within 15 calendar days of the occurrence of the act causing the basis for the grievance or the employee’s first knowledge of the occurrence. 20.3.2. Step 2: Second-line Supervisor—If the grievance is not resolved at Sept 1 within 15 calendar days of the date the grievance is raised with the immediate supervisor, the employee shall have the Union Steward submit a formal written grievance to the Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 33 employee’s second-line supervisor. If the employee chooses to formally pursue the grievance, it shall be presented by the Union Steward, in writing within 15 calendar days after the immediate supervisor’s decision. The written grievance shall contain the following information. • Grievant’s Name and Signature • Grievant’s Department and Specific Work Site • Name of the Grievant’s Immediate Supervisor • Statement of the Nature of the Grievance, including date and place of occurrence • Specific Provision, Policy or Procedure alleged to have been violated • Remedies Sought by Grievant • Name of the Union Steward designated as the grievant representative in the processing of the grievance. 20.3.3. Step 3: Response to Formal Grievance—Within 15 calendar days of receipt of the written grievance, the second-line supervisor or their designee shall return a copy to the Union Steward and the employee with an answer in writing. If the grievance is not resolved at this level, the Union shall have 15 calendar days from receipt of the answer in which to file an appeal to the department head. 20.3.4. Step 4: Department Head—An employee dissatisfied with the decision of the second-line supervisor in Step 3 may have the Union Steward submit the written grievance to the department head within 15 calendar days from the date of the second- line supervisor’s decision. The department head or designee shall respond in writing to the Union Steward within 15 calendar days from the date of its receipt. 20.3.5. Step 5: City Manager—If the employee is dissatisfied with the decision of the department head in Step 4, the written grievance may be submitted by the union Steward through the department head to the City Manager, within 15 calendar days from receipt of the department head’s response. The City Manager or designee shall respond to the Union Steward regarding the grievance in writing within 15 calendar days of its receipt. Within this period, at the City Manager’s discretion, an informal hearing involving the parties to the dispute may be conducted. The decision of the City Manager or designee is final. 20.3.6. Appeal of the City Manager’s Decision—The decision of the City Manager or designee may be appealed by the Union only if it is in compliance with section 20.4. 20.4. Appeal Rights—A regular, non-probationary employee may appeal the final disciplinary decision of the appointing authority to binding arbitration so long as all the following steps are fully complied with. 20.4.1. Level of Discipline—The discipline imposed consisted of a termination, demotion, suspension of more than 5 days, or any other type of discipline that results in a loss of pay of more than 5 days. 20.4.2. Written Request—The Union Steward must submit a written request for arbitration to the department head, with a copy to the Director of Human Resources which must be received no later than 15 calendar days following the date of the notice of imposition Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 34 July 1, 2021 through June 30, 2022 of discipline. If this written request is not received by the department head and the Director of Human Resources within this time frame, the appeal will be waived. 20.4.3. Union Representation—The union must sign the written request for arbitration signifying that it intends to represent the employee during all arbitration proceedings arising from the request for arbitration. 20.4.4. Selection of an Arbitrator—An arbitrator will be selected by the union and the City by mutual agreement from a list of arbitrators who are current members of the National Academy of Arbitrators, and who have at least 5 years of experience handling arbitrations for local public agencies. If the parties cannot agree on a prospective arbitrator, they shall request a list of no less than 7 arbitrators from the California State Mediation and Conciliation Bureau, each of whom is a current member of the National Academy of Arbitrators, and who has at least 5 years of experience handling arbitrations for local public agencies. The parties will attempt to agree on an arbitrator from any such list obtained. If the parties cannot agree on an arbitrator, they shall alternately strike the name of one arbitrator until one name remains, who will be the arbitrator selected. 20.4.5. Payment of Costs—The union and the City will split the cost of the arbitrator’s fee equally. In the event that either party wishes to obtain the services of a court reporter, that party will be solely responsible for the reporter’s fees, including the cost of providing the original transcription to the arbitrator. If the arbitrator, as opposed to either party, requires that the proceedings be taken down by a court reporter, the parties will equally split the cost of the reporter’s fee and the cost of the original transcript. Each party will pay for the cost of an additional copy for the use of that party if a copy is desired. 20.4.6. Arbitrator Duty—The arbitrator will be empowered to hear evidence, review exhibits, hear argument and make findings of fact and conclusions. Based on those findings and conclusions, the arbitration shall make a final and binding determination about the merits of the appeal. The arbitrator is not empowered to make any alterations to the terms and conditions of this MOU, or to the City’s rules, regulations, policies or procedures. The arbitrator is not empowered to make any order or directive that would require any party to commit an illegal act. 20.4.7. Arbitrator Decision—The parties agree that any decision rendered by the arbitrator will be final and binding, meaning that it cannot be appealed to any other legal or administrative tribunal, except pursuant to Code of Civil Procedure section 1285 et seq. which allows parties to petition a court to confirm, correct or vacate an arbitration award. Article 21. Severability If any Article, Section, subsection, sentence, clause, or phrase of the Memorandum of Understanding is for any reason held to be invalid by a court of competent jurisdiction, such Article, section, subsection, sentence, clause, or phrase shall be suspended and superseded and the remainder of this Memorandum of Understanding shall not be affected thereby. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 35 Article 22. Agreement, Modification, or Waiver 22.1. Full and Entire Agreement—This Memorandum of Understanding sets forth the full and entire Memorandum of Understanding of the parties regarding the matters set forth herein and any other prior or existing understanding or agreements over these matters between the parties, whether formal or informal, are hereby superseded or terminated in their entirety. In the event that the provisions of this memorandum are found to be in conflict with a City rule, regulation, or resolution, the provision of this memorandum shall prevail over such conflicting rule, regulation or resolution. 22.2. Written Modification Required—No agreement, alteration, understanding, variation, waiver or modification of any of the terms or provisions contained herein shall in any manner be binding upon the parties unless made and executed in writing by all parties hereto and approved by the City Council. 22.3. Waiver—The waiver of any breach, term or condition of this Memorandum of Understanding by either party shall not constitute a precedent in the future enforcement of all its terms and provisions. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 36 July 1, 2021 through June 30, 2022 Article 23. Signatures Signed this ________ day of __________________, 2021 For the Union-AFSCME: For the City: Ashley Mates, Staff Representative, AFSCME District Council 57 Donna Williamson, Lead Negotiator Richard Brooks Leah Lockhart Josue Gonzalez Mich Mercado Marissa Jordan Tristan Kent Michael Alan Patrick Richard Pence Peter Shea Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 37 Appendix A Full-time Regular and Part-time Regular Employee Classifications As referenced in Article 1, those classifications in the AFSCME unit are the following: Title Full- time Part - time Accounting Assistant I x Accounting Assistant II x Building Inspector x Building Inspector, Senior x Building Maintenance Craftsworker x Building Maintenance Custodian x Building Maintenance Custodian, Lead x Building Maintenance Custodian, Senior x Building Plan Reviewer x Code Enforcement Officer x Communications Dispatcher x Communications Dispatcher, Supervising x Community Development Specialist x Community Services Site Coordinator x x Cultural Arts Specialist x Electrical Technician x Electrical Technician, Assistant x Electrical Technician, Lead x Electrical Technician, Senior x Engineering Technician x Engineering Technician, Senior x Equipment Mechanic x Equipment Mechanic, Lead x Equipment Operator x Groundsperson x Librarian I x x Librarian II x Library Assistant I x x Library Assistant II x x Library Specialist, Supervising x Literacy Services Coordinator x Maintenance Craftsworker x Office Specialist x x Park Maintenance Worker x Park Maintenance Worker, Lead x Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 38 July 1, 2021 through June 30, 2022 Title Full- time Part - time Park Maintenance Worker, Senior x Parking System Technician x Permit Technician x Permit Technician, Senior x Planning Technician x Preschool Teacher I x Preschool Teacher II x Public Works Inspector x Public Works Maintenance Worker x Public Works Maintenance Worker, Lead x Public Works Maintenance Worker, Senior x Recreation Leader II x Recreation Leader III x Recreation Leader IV x x Sweeper Operator x Tree Trimmer x Van Driver x The Union may present requests for position reviews on behalf of its members in accordance with established City procedures and the City agrees to keep the Union informed of the results of the position reviews. Requests for classification reviews of positions together with justification should be made to the employee’s department head by 9/15 of any year. Any recommendations for reclassifications of these positions deemed meritorious by the City shall be handled through the regular budgetary process, and if approved, shall be effective the beginning of the next fiscal year. Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 39 Appendix B Incentive Pay by Classification This appendix features an easy, at-a-glance table that indicates those incentives that are unique to classifications and that are considered reportable to CalPERS (“PERSable”). This list does not include PERSable compensation in which eligibility may be open to all unit members (i.e., longevity pay) or acting pay. In the event that there is a discrepancy between this appendix and the body of the MOU, the language in the body of the MOU shall prevail. Title Bilingual Pay Uniforms Class A CDL Accounting Assistant I x Accounting Assistant II x Building Inspector x x Building Inspector, Senior x x Building Maintenance Craftsworker x Building Maintenance Custodian x Building Maintenance Custodian, Lead x Building Maintenance Custodian, Senior x Building Plan Reviewer Code Enforcement Officer Communications Dispatcher x Communications Dispatcher, Supervising x Community Development Specialist Community Services Site Coordinator x Cultural Arts Specialist Electrical Technician x x Electrical Technician, Assistant x x Electrical Technician, Lead x x Electrical Technician, Senior x x Engineering Technician X Engineering Technician, Senior X Equipment Mechanic x x Equipment Mechanic, Lead x x Equipment Operator x x Groundsperson x Librarian I x Librarian II x Library Assistant I x Library Assistant II x Library Specialist, Supervising x Literacy Services Coordinator x Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 40 July 1, 2021 through June 30, 2022 Title Bilingual Pay Uniforms Class A CDL Maintenance Craftsworker x Office Specialist x Park Maintenance Worker x Park Maintenance Worker, Lead x Park Maintenance Worker, Senior x Parking System Technician x x Permit Technician x x Permit Technician, Senior x x Planning Technician x Preschool Teacher I x Preschool Teacher II x Public Works Inspector x Public Works Maintenance Worker x x Public Works Maintenance Worker, Lead x x Public Works Maintenance Worker, Senior x x Recreation Leader II x Recreation Leader III x Recreation Leader IV x Sweeper Operator x x Tree Trimmer x Van Driver Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 41 Appendix C Certification Pay The City of South San Francisco, following discussions with the union, hereby agree to add eligibility for certification pay for the job classifications of Equipment Operator (CWEA, Sign and Pavement and NASSCO PACP) and Lead Building Maintenance Custodian (HVAC). The parties agree that the effective date will be pursuant to 4.8.4. Incentive Pay Effective Date but not earlier than January 1, 2016. The following are the classifications for which Certification Pay is available under Section 4.8. Certification Eligible Classifications Number of Certifications Available at a Time International Code Council (ICC) – Building Inspector, Electrical Inspector, Plumbing Inspector, Mechanical Inspector, Plans Examiner, Permit Technician, Planning Technician; International Association of Plumbing and Mechanical Officials (IAPMO) – Plumbing Inspector, Mechanical Inspector; CA Association of Building Energy Consultants (CABEC) – Certified Energy Plans Examiner; State of CA – Certified Access Specialist (CASp) Building Inspector Senior Building Inspector Permit Technician Planning Technician Unlimited number of employees; Unlimited number of certifications after 1st job required certification, up to maximum certification pay allowed Certified Public Infrastructure Inspector (CPII) through the American Public Works Association (APWA) Public Works Inspector Unlimited Certified Municipal Arborist through International Society of Arboriculture Groundsperson Tree Trimmer Up to 2 employees Certified Backflow Tester through American Water Works Association Park Maintenance Worker Senior Park Maintenance Worker Lead Park Maintenance Worker Park Maintenance Craftsworker Up to 5 employees Certified Playground Safety Inspector through National Recreation and Park Association Park Maintenance Worker Senior Park Maintenance Worker Lead Park Maintenance Worker Park Maintenance Craftsworker Up to 5 employees Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 42 July 1, 2021 through June 30, 2022 Certification Eligible Classifications Number of Certifications Available at a Time (NRPA) and California Parks and Recreation Society (CPRS) Pest Control Advisor through California Department of Pesticide Regulation Park Maintenance Worker Senior Park Maintenance Worker Lead Park Maintenance Worker Up to 1 employee Qualified Applicator’s Certificate through California Department of Pesticide Regulation Park Maintenance Worker Senior Park Maintenance Worker Lead Park Maintenance Worker Park Maintenance Craftsworker Up to 5 employees HVAC Service Technician through Building Operator Certification Lead Building Maintenance Custodian Building Maintenance Craftsworker Up to 2 employees CWEA Collections Systems Maintenance Certification I, II, III, IV Public Works Maintenance Worker Senior Public Works Maintenance Worker Lead Public Works Maintenance Worker Equipment Operator Unlimited Fire Mechanic I, II, III through Cal Fire Office of the State Fire Marshal Equipment Mechanic Lead Equipment Mechanic Unlimited Traffic Signal Technician Level I, Traffic Signal Field Technician Level II, Traffic Signal Senior Field Technician Level III through the International Municipal Signal Association (IMSA) Assistant Electrical Technician Electrical Technician Senior Electrical Technician Lead Electrical Technician Unlimited Sign and Pavement Marking Technician Level I, II, III through the International Municipal Signal Association (IMSA) Public Works Maintenance Worker Senior Public Works Maintenance Worker Lead Public Works Maintenance Worker Unlimited P.O.S.T Dispatch Supervisor Supervising Communications Dispatcher Unlimited Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 43 NASSCO PACP Certified Employees—Any NASSCO PACP certified Public Works Maintenance Worker, Senior Public Works Maintenance Worker, Lead Public Works Maintenance Worker, Public Works Inspector, or Equipment Operator shall receive an additional 2.5% of base pay for all hours actually worked operating or maintaining sewer video inspection equipment or reviewing and inspecting video to assess condition and compliance with applicable codes and regulations. Underground Service Alert (USA) Locator Certified Employees—Incumbents in the Public Works Maintenance Worker classification who are assigned to perform USA locator marking duties will receive additional pay equivalent to 2.5% of their base pay for all hours worked in this capacity. The Lead Public Works Maintenance Worker will determine for each shift which employee(s) in the Public Works Maintenance Worker classification will perform USA locator marking duties. The Lead Public Works Maintenance Worker may make recommendations to the Public Works Director which employees should attend the City-paid USA locator marking certification training. Only the Public Works Director may approve USA locator marking certification training for Public Works employees recommended to attend the City-paid training. Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 44 July 1, 2021 through June 30, 2022 Appendix D Expense Reimbursements by Classification This appendix features an easy, at-a-glance table that indicates certain reimbursements that are unique to classifications. In the event that there is a discrepancy between this appendix and the body of the MOU, the language in the body of the MOU shall prevail. Title Tools Safety Shoes Rx Safety Glasses Reimburse Class A or B CDL Accounting Assistant I Accounting Assistant II Building Inspector x x Building Inspector, Senior x x Building Maintenance Craftsworker x x Building Maintenance Custodian x x Building Maintenance Custodian, Lead x x Building Maintenance Custodian, Senior x x Building Plan Reviewer Code Enforcement Officer Communications Dispatcher Communications Dispatcher, Supervising Community Development Specialist Community Services Site Coordinator Cultural Arts Specialist Electrical Technician x x x Electrical Technician, Assistant x x x Electrical Technician, Lead x x x Electrical Technician, Senior x x x Engineering Technician x x Engineering Technician, Senior x x Equipment Mechanic x x x x Equipment Mechanic, Lead x x x x Equipment Operator x x x Groundsperson x x x Librarian I Librarian II Library Assistant I Library Assistant II Library Specialist, Supervising Literacy Services Coordinator Maintenance Craftsworker x x Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 45 Title Tools Safety Shoes Rx Safety Glasses Reimburse Class A or B CDL Office Specialist Park Maintenance Worker x x x Park Maintenance Worker, Lead x x x Park Maintenance Worker, Senior x x x Parking System Technician x x Permit Technician x Permit Technician, Senior x Planning Technician Preschool Teacher I Preschool Teacher II Public Works Inspector x x Public Works Maintenance Worker x x x Public Works Maintenance Worker, Lead x x x Public Works Maintenance Worker, Senior x x x Recreation Leader II Recreation Leader III Recreation Leader IV Sweeper Operator x x x Tree Trimmer x x x Van Driver Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 46 July 1, 2021 through June 30, 2022 Appendix E Salary Schedule Effective July 9, 2021 JOB TITLE JOB CODE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Accounting Assistant I A480 25.67 26.95 28.30 29.71 31.20 Accounting Assistant II A225 28.20 29.61 31.09 32.65 34.28 Building Inspector A135 43.96 46.16 48.47 50.89 53.44 Building Inspector - Senior A400 48.01 50.41 52.93 55.58 58.36 Building Maintenance Craftsworker A465 33.96 35.66 37.44 39.32 41.28 Building Maintenance Custodian A140 24.94 26.19 27.49 28.87 30.31 Building Maintenance Custodian - Lead A190 31.57 33.15 34.81 36.55 38.38 Building Maintenance Custodian - Senior A320 27.46 28.84 30.28 31.79 33.38 Building Plan Reviewer A690 46.05 48.35 50.77 53.30 55.97 Code Enforcement Officer A145 37.64 39.52 41.50 43.57 45.75 Communications Dispatcher A150 36.85 38.70 40.63 42.66 44.79 Communications Dispatcher - Supervising A365 43.47 45.64 47.93 50.32 52.84 Community Development Specialist A660 41.24 43.30 45.47 47.74 50.13 Community Services Site Coordinator A640 24.98 26.23 27.54 28.92 30.36 Cultural Arts Specialist A650 34.06 35.76 37.55 39.42 41.40 Electrical Technician A160 41.42 43.49 45.67 47.95 50.35 Electrical Technician - Assistant A120 30.57 32.09 33.70 35.38 37.15 Electrical Technician - Lead A335 51.11 53.67 56.35 59.17 62.13 Electrical Technician - Senior A500 45.45 47.72 50.10 52.61 55.24 Engineering Technician A167 34.22 35.93 37.72 39.61 41.59 Engineering Technician - Senior A168 37.64 39.52 41.50 43.57 45.75 Equipment Mechanic A170 35.31 37.08 38.93 40.88 42.92 Equipment Mechanic - Lead A345 38.24 40.15 42.16 44.27 46.48 Equipment Operator A175 35.40 37.17 39.03 40.98 43.03 Groundsperson A505 32.23 33.85 35.54 37.32 39.18 Librarian I A210 32.82 34.46 36.18 37.99 39.89 Librarian II A240 36.12 37.92 39.82 41.81 43.90 Library Assistant I A220 25.77 27.06 28.41 29.83 31.32 Library Assistant II A215 28.46 29.89 31.38 32.95 34.60 Library Specialist - Supervising A670 33.69 35.38 37.15 39.00 40.95 Literacy Services Coordinator A445 37.07 38.93 40.87 42.92 45.06 Maintenance Craftsworker A280 33.96 35.66 37.44 39.32 41.28 Office Specialist A295 26.59 27.92 29.32 30.78 32.32 Memorandum of Understanding Between AFSCME and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 47 JOB TITLE JOB CODE STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 Park Maintenance Worker A250 28.71 30.14 31.65 33.23 34.90 Park Maintenance Worker - Lead A195 34.16 35.87 37.66 39.54 41.52 Park Maintenance Worker - Senior A350 30.76 32.30 33.91 35.61 37.39 Parking System Technician A245 34.16 35.87 37.66 39.54 41.52 Permit Technician A460 38.86 40.80 42.84 44.99 47.24 Permit Technician - Senior A700 41.34 43.40 45.57 47.85 50.24 Planning Technician A462 38.85 40.80 42.83 44.98 47.23 Preschool Teacher I A495 22.75 23.89 25.08 26.34 27.66 Preschool Teacher II A680 25.03 26.28 27.60 28.98 30.43 Public Works Inspector A310 43.96 46.16 48.47 50.89 53.44 Public Works Maintenance Worker A275 28.71 30.14 31.65 33.23 34.90 Public Works Maintenance Worker - Lead A200 34.16 35.87 37.66 39.54 41.52 Public Works Maintenance Worker - Senior A360 30.76 32.30 33.91 35.61 37.39 Recreation Leader II A610 17.18 18.04 18.95 19.89 20.89 Recreation Leader III A620 18.64 19.57 20.55 21.58 22.66 Recreation Leader IV A515 20.68 21.72 22.80 23.95 25.14 Sweeper Operator A370 33.42 35.09 36.85 38.69 40.62 Tree Trimmer A375 34.42 36.14 37.95 39.85 41.84 Van Driver A510 17.57 18.45 19.38 20.34 21.36 Memorandum of Understanding Between AFSCME and the City of South San Francisco Page 48 July 1, 2021 through June 30, 2022 Appendix F Labor Management Committee This intent of the Labor-Management Committee is to foster better communication between Labor and Management and to provide an opportunity for the Union to provide feedback to the City on issues that might affect bargaining unit members. The Labor Management Committee will meet at least four times per year to discuss issues related to the labor management relationship. Additional meetings may be scheduled by mutual agreement of the parties. The Director of Human Resources shall be the standing City representative on the Labor Management Committee. Other supervisors, managers or human resources personnel shall be invited to attend as needed as determined by the Director of H. The Union may invite up to three (3) bargaining unit employees to the Committee meetings. The Union representati ve may also attend as a member of the Committee. Additional people may be invited by mutual agreement of the parties. Meetings shall be scheduled for one hour (or longer by mutual agreement.) EXHIBIT A Published by Human Resources Department City of South San Francisco Street Address: Mailing Address: City Hall P.O. Box 711 400 Grand Avenue, 1st Floor South San Francisco CA 94083 South San Francisco CA 94080 650/877-8522 Tel Web Site: 650/829-6699 Job Line www.ssf.net 650/829-6698 Fax EXHIBIT B The City of South San Francisco Memorandum of Agreement/Compensation Plan between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 EXHIBIT B City of South San Francisco Mid-management Unit Memorandum of Agreement/Compensation Plan July 1, 2021 through June 30, 2022 Table of Contents Article Title Page 1 Preamble ............................................................................................................ 1 2 Recognition ........................................................................................................ 1 3 Union Membership and Dues ............................................................................ 1 3.1 Notification of New Employees ................................................................ 1 3.2 Indemnify and Hold Harmless .................................................................. 1 3.3 Payroll Deductions .................................................................................... 3.3.1 Payroll Deduction Procedures ...................................................... 3.3.2 Suspension of Union Dues During Leave of Absence ................. 2 2 2 3.4 Communication with Employees .............................................................. 2 3.5 Advance Notice ......................................................................................... 2 3.6 Copies of Memorandum of Understanding .............................................. 2 4 Compensation .................................................................................................... 2 4.1 Definitions ................................................................................................ 2 4.1.1 Base Pay ........................................................................................ 2 4.1.2 Enhanced Pay ................................................................................ 3 4.2 Wage Rates ............................................................................................... 3 4.2.1 Overtime Pay in Case of Emergency Declaration ....................... 3 4.3 Salary Schedule ......................................................................................... 3 4.4 Payment of Compensation ........................................................................ 3 4.5 Continuous Employment ........................................................................... 3 4.6 Longevity Pay ........................................................................................... 3 4.6.1 Fifteen Years of Service ............................................................... 3 4.6.2 Twenty Years of Service ............................................................... 3 4.7 Temporary Assignment to Higher Level Positions ................................... 4 4.8 Salary Survey ............................................................................................ 4 4.9 Benchmarked Classifications ................................................................... 4 4.10 Uniforms ................................................................................................... 4 4.11 Standby Compensation ............................................................................. 4 4.11.1 Employees assigned standby ..................................................... 4 4.11.2 Eligible positions for standby ..................................................... 4 4.12 Bilingual Incentive Pay .............................................................................. 4 4.12.1 Classification Eligible for Bilingual Incentive pay ..................... 4 4.12.2 Current Languages in Effect ....................................................... 4 4.12.3 Testing and Compensation.......................................................... 5 4.12.4 Translating .................................................................................. 5 5 Reimbursements and Allowances ...................................................................... 5 5.1 Education Expense Reimbursement Program ........................................... 5 5.1.1 Eligibility ........................................................................................ 5 Page 2 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Article Title Page 5.1.2 Education Expense Reimbursement Amount ................................ 5 5.1.3 Personal and Professional Development Expense Stipend ........... 5 5.1.4 Qualifying for Education Expense Reimbursement Program ....... 5 5.1.4.1 Department Head Approval .................................................... 5 5.1.4.2 Reimbursement Request ......................................................... 6 5.1.4.3 City Manager Approval .......................................................... 6 6 Benefits .............................................................................................................. 6 6.1 Health Insurance Benefits ........................................................................ 6 6.2 Medical Insurance .................................................................................... 6 6.2.1 Medical Insurance Providers ......................................................... 6 6.2.2 Medical Insurance Plans ............................................................... 6 6.2.3 Payment of Premium Costs ........................................................... 6 6.2.3.1 Employee HMO Medical Premium Cost ................................ 6 6.2.3.2 Employee Non-HMO Medical Premium Cost ........................ 6 6.2.4 Effective Date of Coverage ............................................................ 6 6.3 Dental Insurance ...................................................................................... 7 6.3.1 Core Dental Plan ........................................................................... 7 6.3.1.1 Calendar year maximum .................................................... 7 6.3.1.2 Orthodontia ........................................................................ 7 6.3.2 Buy-up Dental Plan ....................................................................... 7 6.3.3 Payment of Premium Costs ........................................................... 7 6.3.4 Effective Date of Coverage ........................................................... 7 6.4 Vision Insurance ....................................................................................... 7 6.4.1 Available Plan .............................................................................. 7 6.4.2 Payment of Premium Costs .......................................................... 7 6.4.3 Effective Date of Coverage .......................................................... 7 6.5 Discretionary Benefit Option .................................................................... 7 6.5.1 Proof of Alternate Insurance ........................................................ 8 6.5.2 Exercising the Option................................................................... 8 6.6 Life Insurance and Accidental Death and Dismemberment Insurance ....... 8 6.6.1 Term Life Value ............................................................................ 8 6.6.2 AD&D Value ................................................................................ 8 6.6.3 Payment of Premium Costs ........................................................... 8 6.6.4 Effective Date of Coverage ............................................................ 8 6.6.5 Supplemental Life Insurance ......................................................... 8 6.7 Disability Insurance Program ..................................................................... 8 6.7.1 Short-term Disability..................................................................... 8 6.7.2 Long-term Disability ..................................................................... 8 6.7.3 Payment of Premium Costs ........................................................... 8 6.7.4 Effective Date of Coverage .......................................................... 8 6.8 Retirement Plans ......................................................................................... 9 6.8.1. PERS Miscellaneous Retirement Formula ................................... 9 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 3 Article Title Page 6.8.1.1 2.7% at Age 55 ............................................................... 9 6.8.1.2 2% at Age 60 .................................................................... 9 6.8.1.3 2% at Age 62 .................................................................... 9 6.8.2 Employee Contributions to Retirement System ............................ 9 6.8.3 IRS Tax Exemption ........................................................................ 9 6.8.4 Optional Provisions Added ............................................................ 9 6.8.4.1 Military Service Credit ...................................................... 9 6.8.4.2 Sick Leave Service Credit ................................................. 9 6.9 Section 457 Deferred Compensation Plan ................................................. 9 6.10 Section 125 Plan ....................................................................................... 9 6.10.1 Health Care Reimbursement ........................................................ 9 6.10.2 Dependent Care Reimbursement ................................................. 10 6.10.3 Group Insurance Premium Plan ................................................... 10 6.11 Separation Benefits .................................................................................... 10 6.11.1 Payment of Unused Accrued Sick Leave ..................................... 10 6.12 Retirement Health Savings Plan ............................................................... 10 6.12.1 Mandatory Employee Leave Contribution ................................... 10 6.12.2 Direct Employee Contribution ..................................................... 10 6.13 Retired Employee Benefits ....................................................................... 10 6.13.1 Group Medical Insurance for Qualifying Retirees ..................... 10 6.13.1.1 City-provided Spouse Benefit ......................................... 11 6.13.1.2 Spouse-paid Benefit ......................................................... 11 6.13.2 Medical After Retirement Account (MARA) ............................. 11 6.13.3 Group Dental Insurance for Qualifying Retirees ........................ 11 6.13.4 Group Vision Insurance for Qualifying Retirees ........................ 11 7 Holidays ............................................................................................................. 11 7.1 Holidays ..................................................................................................... 11 7.2 Discretionary Holidays .............................................................................. 11 7.3 Observed Holidays ..................................................................................... 12 7.3.1 Full-day Holidays .......................................................................... 12 7.3.2 Half-day Holidays ......................................................................... 12 7.3.3 Day of Holiday Observation ......................................................... 12 7.4 Day of National Mourning or Celebration ................................................. 12 7.5 Monday through Friday Work Hours ........................................................ 12 8 Leaves ................................................................................................................ 12 8.1 Vacation .................................................................................................... 12 8.1.1 Vacation Accrual Rates ................................................................... 12 8.1.2 Vacation Accumulation................................................................... 12 8.1.3 Vacation Cash-Out .......................................................................... 13 8.1.4 Vacation Leave Payout Upon Separation ....................................... 13 8.2 Administrative Leave ................................................................................ 13 8.2.1 Administrative Leave Taken ........................................................... 13 Page 4 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Article Title Page 8.2.2 Carryover of Administrative Leave ................................................ 13 8.2.3 Administrative Leave for New Employees ..................................... 13 8.2.3.1 Supplemental Administrative Leave ................................ 13 8.2.3.2 Qualifying for Supplemental Administrative Leave ........ 13 8.2.3.3 Employee Requests .......................................................... 14 8.2.3.4 Department Head Recommendation ................................. 14 8.2.3.5 Carrying Over Supplemental Leave ................................. 14 8.3 Sick Leave ................................................................................................. 14 8.3.1 Amount of Sick Leave .................................................................. 14 8.3.2 Maximum Paid Sick Leave Time .................................................. 14 8.3.3 Sick Leave Management Policy .................................................... 14 8.3.4 Protected Leave ............................................................................ 14 8.3.5 Medical Appointments .................................................................. 14 8.4. Medical Appointments Leave ................................................................... 15 8.4.1 Approval ....................................................................................... 15 8.4.2 Affidavit of Leave ......................................................................... 15 8.4.3 Leave Confirmation ...................................................................... 15 8.5 Bereavement Leave ................................................................................... 15 8.5.1 Definition of Family Member for Bereavement Leave ................. 15 8.5.2 Leave Within California ................................................................ 15 8.5.3 Leave Outside California .............................................................. 15 8.6 Industrial Injury or Illness Leave ............................................................... 15 8.6.1 Industrial Injury or Illness Leave Amounts ................................... 16 8.6.2 Workers’ Compensation Disability Payments .............................. 16 8.7 Military Leave ............................................................................................ 16 8.8 Short- or Long-term Disability Leave ....................................................... 16 8.8.1 Insurance Premiums ...................................................................... 16 8.8.2 Extending Leave............................................................................ 16 8.8.3 Separating Employee on Leave ..................................................... 16 8.9 Reporting Leave Usage ............................................................................. 16 8.10 Light-duty Program................................................................................... 16 8.10.1 Coverage .................................................................................... 17 8.10.2 Determination/Required Reports ............................................... 17 8.10.2.1 Assignments ....................................................................... 17 8.10.2.2 Medical Updates ............................................................... 17 8.10.2.3 Light-duty Assignment, Definitions, and Restrictions ...... 17 8.10.3 Holidays/Vacations During Light-duty Assignments ................. 18 8.10.3.1 Holidays Observed ............................................................ 18 8.10.3.2 Vacations ........................................................................... 18 8.10.4 Return to Full-duty Assignment ................................................. 18 8.11 CFRA/FMLA/Pregnancy Disability Leave .............................................. 18 8.11.1 Extended Unpaid Parental Leave ................................................ 18 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 5 Article Title Page 8.11.1.1 Leave Duration .............................................................. 18 8.11.1.2 Use of Leaves ................................................................ 18 8.11.1.3 Salary and Benefit Continuance .................................... 18 8.11.3.4 Unexpected Return to Work ......................................... 19 9 Work Hours ....................................................................................................... 19 9.1 Eight-hour Schedule .................................................................................. 19 9.2 Alternate Workweek Schedule ................................................................... 19 9.3 Flexible Work Hours .................................................................................. 19 10 Recreational Facilities and Classes 19 10.1 Admission to Classes ................................................................................ 19 10.2 Use of Facilities ........................................................................................ 19 11 Grievance Procedure .......................................................................................... 19 12 Disciplinary Action ............................................................................................ 19 13 Annual Meeting 20 14 Administration of Memorandum of Agreement/Compensation Program 20 14.1 Full and Entire Agreement ........................................................................ 20 14.2 Administering the Agreement ................................................................... 20 14.3 City Manager Powers ................................................................................. 20 15 Signatures ........................................................................................................... 20 Appendix A – Mid-management Classifications ............................................... 20 EXHIBIT B Memorandum of Agreement/Compensation Plan between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Article 1. Preamble This Mid-management Memorandum of Agreement/Compensation Plan sets forth those salaries, benefits, terms, and conditions of employment in effect for the period July 1, 2021 through June 30, 2022, and continues thereafter unless modified by the City Council. Article 2. Recognition The Mid-management Employee Unit shall consist of all full-time regular employees working in positions that are included in the exempt service of the City of South San Fran cisco, as identified in Appendix A, as well as those classifications that may be added to this Unit by the City. Teamsters Union, Local 856 is recognized as the Unit’s majority representative, as provided in City’s Resolution 110-2014 adopted September 8, 2014. Article 3. Union Membership and Dues 3.1 Notification of New Employees— The City shall notify the Union of the name, classification, job title, department, work location and date of hire of each new, transferred or promoted employee appointed to a position covered by this memorandum. Notice shall be provided to the Union within thirty (30) calendar days of hire, or by the first pay period of the month following hire. The City shall provide the work, home, and personal cellular telephone numbers, work and personal email addresses and home address on file with the City. Notice shall be provided to the Union within one calendar month from the date of hire. The employer shall also provide the Union with this information for all employees in the bargaining unit at least every 120 days. 3.2 Indemnify and Hold Harmless—The Union shall indemnify and hold the City harmless from any cost of liability resulting from any and all claims, demands, suits, or any other action arising from the operation of this provision or from the use of the monies remitted to the Union, including the costs of defending against any such actions or claims. The Union agrees to refund to the City any amounts paid to it in error. In addition, the Union shall hold the City and its officers and employees, harmless for following the instructions contained in such dues deduction authorizations. Page 2 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 3.3 Payroll Deductions—The City shall withhold Union dues from the salary of an employee and remit withholdings to the Union, provided that the Union certifies in writing to the City that the Union has and will maintain each employee’s authorization for such deductions. 3.3.1 Payroll Deduction Procedures—The effective date of withholdings, time of remitting withholding to the Union, and all procedural matters shall be as mutually acceptable to the Union and the City, provided that the City’s payroll system and its operations are not thereby disrupted. 3.3.2 Suspension of Union Dues During Leave of Absence–An employee on unpaid leave of absence for a period of 30 calendar days or more shall not be required to pay Union dues during the period of the employee’s leave. 3.4 Communication with Employees— The City shall provide the Union access to its new employee orientation onboarding process, in which new employees are advised of their employment status, rights, benefits, duties, and responsibilities, or any other employment- related matters. The Union representative shall be provided at least 30 minutes to meet with the employee during this process. The Union shall receive not less than 10 days’ notice in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer’s operations that was not reasonably foreseeable. The Union shall be provided suitable space on bulletin boards at the work location for posting notices concerning official union business. Such information shall be in compliance with applicable City and departmental policies. 3.5 Advance Notice—Except in cases of emergency as provided below, the Union, if affected, shall be given reasonable advance written notice of any ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City. The Union shall be given the opportunity to meet and confer with appropriate management representatives prior to the adoption of such an ordinance, resolution, rule, or regulation. Proper advance notice shall consist of written notice to the designated business agent. If public safety, public welfare, or an emergency arises that requires any of the above actions to be taken by the City without notice to the Union, the City may take the action while concurrently giving notice that affords the Union a reasonable time in which to meet with management representatives. 3.6 Copies of Memorandum of Understanding—The City shall post the MOU on the City’s Web site. Article 4. Compensation 4.1 Definitions— 4.1.1 Base Pay—Base pay is the rate of compensation paid for a specified classification of employment, excluding any other payments. 4.1.2 Enhanced Pay—Enhanced pay is the rate of compensation that includes base pay and incentive pay such as longevity pay. Enhanced pay does not include acting pay or temporary assignment pay. Each incentive pay will be computed on base pay. The sum of the base pay plus each incentive is the enhanced rate of pay. Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 3 4.2 Wage Rates—All members of the bargaining unit shall receive across-the-board base pay adjustments in the amounts and with the effective dates as follows: • Effective July 9, 2021 bargaining unit member salaries shall be increased by three percent (3%). There will be no retroactive across-the-board base pay adjustments. 4.2.1 Overtime Pay in Case of Emergency Declaration––In the event a state of emergency is called for the City by the City Council, County of San Mateo, State of California, or Federal Government, employees will be paid at the rate of time and one-half for the hours worked in excess of 40 hours a week on activities related to disaster management and recovery that are reimbursable by state or federal funding. Employees will be similarly compensated when rendering aid to other agencies in an emergency declaration situation where overtime is reimbursable by the requesting agency. Overtime shall be paid within a reasonable time to allow processing and shall not be withheld until settlement of claims for reimbursement. 4.3 Salary Schedule—Mid-management positions shall have 5 pay steps, providing for a differential of 5 percent between steps. Individuals may progress through the salary schedule based on satisfactory performance of 6 months in Steps 1 and 2 and 12 months in Steps 3 and 4. 4.4 Payment of Compensation—Each employee shall be compensated on a biweekly basis. Payment will normally be made on the Thursday immediately following the conclusion of a City pay period. Each City pay period consists of 14-calendar days and begins on a Friday, the first day of the pay period, and ends on a Thursday, the last day of the pay period. 4.5 Continuous Employment—Employees who are on continuous paid regular service for a partial pay period shall receive pro-rated compensation for the pay period at the rate of 1/80th of the employee’s biweekly salary rate for each hour that the employee was on continuous paid regular service. 4.6 Longevity Pay—Regular employees hired prior to July 1, 2012 shall receive longevity pay in accordance with the following schedule: 4.6.1 Fifteen Years of Service—After 15-full years of full-time regular service (including probationary periods), 1.5% will be added to the employee’s base hourly rate of pay. 4.6.2 Twenty Years of Service—After 20-full years of full-time regular service (including probationary periods), in addition to above, another 1.0% of pay will be added to the employee’s base hourly rate of pay. Longevity pay is not available for employees hired on or after July 1, 2012. 4.7 Temporary Assignment to Higher-level Positions—An employee assigned to the full scope of the duties of a higher-level classification shall not be paid the salary of that classification unless the employee serves in that capacity for 30-calendar days or more. In that event, the employee shall receive the pay of the higher-level classification commencing with the first day of said 30-day service. 4.8 Salary Survey—In the event of a salary survey and upon adoption by Council, the base rate of pay for all employees shall be increased, if and to the extent required, to keep employees Page 4 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 at the 60th percentile in total compensation of the previously agreed upon survey agencies, using the City’s standard methodology which ranks the cities on total compensation. 4.9 Benchmarked Classifications—In the event of a salary survey, the benchmarked classifications will be reviewed to determine continued applicability for compensation surveys. 4.10 Uniforms— Excluding PEPRA employees, as defined by CalPERS, the monetary value for the purchase of uniforms and the maintenance through the City-contracted uniform company is reportable to CalPERS as special compensation. This excludes items that are for personal health and safety such as protective garments and safety shoes. 4.11 Standby Compensation– Compensation for standby shall be as follows and maintains a “me too” provision in the event of a change to the Standby Compensation provision in the AFSCME MOU: 4.11.1 Employees assigned to standby shall receive $500 per week for each week they are assigned to standby. 4.11.2 Eligible positions for standby shall be as follows: Information Technology Manager Information Systems Administrator Senior Systems Administrator Additional positions may be added, when necessary to the operation of the City, and with approval by the Human Resources Director and the City Manager. 4.12 Bilingual Incentive Pay — Bilingual skills shall be necessary to the operation of the City, as determined by the department head and confirmed by an appropriate certification process established by the City. 4.12.1 Classifications Eligible for Bilingual Incentive Pay—Positions eligible for bilingual incentive pay are: • Library Program Manager (when assigned to Literacy Services) • Recreation and Community Services Coordinator • Childcare Assistant Supervisor 4.12.2 Current Languages in Effect—To be eligible to participate in this program, employees must speak a second language used by a significant segment of South San Francisco population. For the duration of this agreement, the following languages shall qualify for an employee to receive the Bilingual Incentive Pay under this section: • Spanish • Tagalog • American Sign Language • Cantonese • Mandarin 4.12.3 Testing and Compensation—An employee who has tested, using the City’s standard bilingual testing procedures and demonstrating to the department head’s satisfaction, proficiency in speaking a second language, shall be compensated at a rate 2.5% higher than the employee’s base hourly rate of pay. Such compensation shall commence the next pay period after the employee has passed a qualifying examination, as determined by the City, Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 5 demonstrating proficiency in the language. 4.12.4 Translating—Employees who have met the criteria and are compensated for bilingual incentive pay must use those skills whenever the need arises. Employees may be asked to assist an individual who is doing business with the City at worksites other than their primary work location Article 5. Reimbursements and Allowances 5.1 Education Expense Reimbursement Program— 5.1.1 Eligibility—An employee who takes a job-related course at an accredited institution of learning shall be eligible for reimbursement of the costs as indicated below. 5.1.2 Education Expense Reimbursement Amount—In order to further the development of the workforce, the reimbursement amount shall be 50%, not to exceed $2000, per fiscal year for the costs of tuition, fees, and course materials. The employee will be eligible for this reimbursement upon the successful completion of the course and upon the employee having achieved a grade of “Pass” or “C” or better. Reimbursement is limited to courses that are job-related or may advance the employee’s career with the City. 5.1.3 Personal and Professional Development Expense Stipend—In each fiscal year, all bargaining unit employees shall receive $750 for personal and professional development. The stipend is intended for professional reference materials, outside training, extra coursework, personal electronic equipment, when utilized for work-related purposes, health and wellness, and professional organization membership. This stipend shall be paid in accordance with PERL (Public Employees’ Retirement Law) and the IRS tax code. Stipends shall be paid with the first full pay period in January of each year, and shall not be prorated for new employees. Employees who have submitted their intent to separate from the City shall not be eligible for this stipend. 5.1.4 Qualifying for Education Expense Reimbursement Program—In order to qualify for reimbursement, the employee must: 5.1.4.1 Department Head Approval—Prior to enrollment, receive the written approval of the department head or designee. The employee will submit a request, along with a description of the course that briefly describes how the course may advance the employee’s career with the City and/or its relevance to the employee’s job. The department head or designee will make a determination to accept or reject the request. 5.1.4.2 Reimbursement Request—A request for reimbursement must be submitted to the City Manager that includes a copy of the department head or designee’s written approval of the course, a copy of the employee’s course grade, the receipts for all course expenses, and the total amount requested for reimbursement. 5.1.4.3 City Manager Approval—The City Manager shall approve the employee’s request for reimbursement provided that the employee has Page 6 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 prepared the request in compliance with this Agreement. Article 6. Benefits 6.1 Health Insurance Benefits—Regular employees shall be eligible to receive insurance benefits currently provided by the City through its contracts with insurance carriers or self- insurance programs. 6.2 Medical Insurance— 6.2.1 Medical Insurance Providers—Should the City determine that there ought to be an amendment in medical plan providers, such as adding, deleting, or changing providers, the City will undertake this conversion, making every effort to maintain the same level of service to participants without costing the City additional funds for medical plan premiums. 6.2.2 Medical Insurance Plans—Subject to the terms and conditions of the City’s contracts with medical insurance carriers, eligible employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the following providers: • Kaiser Permanente • Blue Shield of California 6.2.3 Payment of Premiums Costs—The City shall pay the premium cost for eligible employees and their dependents to the insurance provider for the plan selected by each employee. 6.2.3.1 Employee HMO Medical Premium Cost—.All employees on the City’s medical plans shall contribute an amount equal to 10.0% of the HMO premium cost based on plan choice and category of coverage (single, two, family). 6.2.3.2 Employee Non-HMO Medical Premium Cost—Employees enrolled in more expensive plans pay the difference between the HMO rate and the other premium rate, based on coverage size (single, two, family). 6.2.4 Effective Date of Coverage—The effective date of medical insurance shall be the first of the month following the date of hire, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. Dependent coverage shall terminate on the date prescribed by each medical insurance carrier’s contract for discontinuance of dependents no longer eligible for coverage. 6.3 Dental Insurance 6.3.1 Core Dental Plan—Employees and their dependents shall be provided dental insurance, subject to the terms and conditions of the City’s contract with the provider. 6.3.1.1 Calendar Year Maximum—Effective 11/1/2000, the calendar year maximum is $1,500. Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 7 6.3.1.2 Orthodontia—The lifetime maximum for orthodontia coverage is $1,000 for eligible participants. 6.3.2 Buy-Up Dental Plan—Subject to the terms and conditions of the City’s contract with the provider, employees may participate in an enhanced dental plan by paying the additional coverage costs over the core dental plan. 6.3.3 Payment of Premium Costs—The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 6.3.4 Effective Date of Coverage—Coverage is effective on the first day of the month following completion of 6-full-months of employment with the City, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. 6.4 Vision Insurance— 6.4.1 Available Plan—Employees and their dependents shall be provided vision insurance, subject to the terms and conditions of the City’s contract with the provider. The provided plan is Vision Service Plan with tints. 6.4.2 Payment of Premium Costs—The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 6.4.3 Effective Date of Coverage—Coverage is effective on the first day of the month following date of hire. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. 6.5 Discretionary Benefit Option— Employees who can demonstrate to the City’s satisfaction that they have medical coverage elsewhere, may elect to have the City pay $550 per month in lieu of medical, dental, and vision benefits contributed into the employee’s deferred compensation account. If an employee exceeds the deferred compensation annual maximum contribution limit, any remaining City contributions will be made to the employee’s Medical After Retirement Account (MARA). 6.5.1 Proof of Alternate Insurance—The employee must provide proof of alternate medical insurance and will be held responsible for maintaining own medical insurance benefits through the alternate source. 6.5.2 Exercising the Option—Employees wishing to exercise this option may do so by submitting a completed Discretionary Benefit Option form to the Human Resources Department. Employees may rejoin the City’s health plans once each year during the open enrollment period for medical plans, or at another time during the year provided the employee has a qualifying event and submits requisite paperwork within 30 days of the qualifying event. 6.6 Life Insurance and Accidental Death and Dismemberment Insurance— 6.6.1 Term Life Value—Subject to the terms and conditions of the City’s contract with the provider, the Term Life Insurance for employees has a face value of $50,000. Page 8 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 6.6.2 AD&D Value—Subject to the terms and conditions of the City’s contract with the provider, Accidental Death and Dismemberment Insurance has a face value of $50,000. 6.6.3 Payment of Premium Costs—The City shall pay the premium costs for eligible employees to the insurance provider. 6.6.4 Effective Date of Coverage—Coverage is effective on the first day of the month following date of hire. Coverage shall terminate on the date the employee ceases to be an employee of the City. 6.6.5 Supplemental Life Insurance—Employees have the option of purchasing supplemental life insurance based on the terms and conditions of the City’s contract with the insurance provider. 6.7 Disability Insurance Program—Subject to the terms and conditions of the City’s contract with the provider, employees shall be provided Short-term Disability (STD) and Long-term Disability (LTD) insurance. If an eligible and covered employee becomes disabled while insured, the provider will pay benefits according to the terms of the group policy after receipt of satisfactory proof of loss. 6.7.1 Short-term Disability—After a 20-calendar day waiting period, an eligible employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount, until LTD benefits begins. 6.7.2 Long-term Disability—After a 90-calendar day waiting period, an eligible employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount. 6.7.3 Payment of Premium Costs—The City shall pay the premium costs for medical, dental, vision, and life insurance for eligible employees to the insurance providers. 6.7.4 Effective Date of Coverage—Coverage is effective the first day of the calendar month following the date of hire. Coverage ends on the date employment terminates. 6.8 Retirement Plans—The benefit contract in effect between the City and the Public Employees’ Retirement System (PERS) on behalf of eligible employees of this Unit shall be continued during the term of this Agreement. 6.8.1 PERS Miscellaneous Retirement Formula— 6.8.1.1 2.7% at Age 55—Classic Members as defined by CalPERS who were hired before April 24, 2010 will be provided a retirement benefit formula of 2.7% at age 55 with one-year final compensation. 6.8.1.2 2% at Age 60—Classic Members as defined by CalPERS who were hired on or after April 24, 2010 will be provided a retirement benefit formula of 2% at age 60 with 3-year final compensation. 6.8.1.3 2% at Age 62—New Members as defined by PEPRA who are hired on or after January 1, 2013 will be provided a retirement benefit formula of 2% at age 62 with 3-year final compensation. Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 9 6.8.2 Employee Contributions to Retirement System—The rate prescribed by the Social Security Act for employee contributions shall be deducted from the employee’s pay by the City. The rate prescribed by Public Employees’ Retirement Law shall be deducted from the employee’s pay by the City and forwarded to PERS in accordance with the rules and regulations governing such employee contributions. This amount is 8% of PERSable income for miscellaneous employees as prescribed by PERS for employees in the 2.7% at age 55 plan For miscellaneous employees in the 2% at age 60 plan and in the 2% at age 62 plan, the amount may vary in accordance with the rules and regulations governing such contributions. 6.8.3 IRS Tax Exemption—The City has an exemption from the Internal Revenue Service, granting a deferral from federal withholding taxes of that portion of the employee’s contribution to PERS. This exemption is for all miscellaneous employees, who receive the exemption. 6.8.4 Optional Provisions Added—Optional Public Agency Provisions under PERS shall also be provided as follows: 6.8.4.1 Military Service Credit—An employee who has served in the military may be eligible for Military Service Credit, as authorized by the applicable Public Employees Retirement Law (PERL). 6.8.4.2 Sick Leave Service Credit—Effective 5/11/2001, and as provided for in the Public Employees Retirement Law. 6.9 Section 457 Deferred Compensation Plan—Employees are eligible, subject to the terms and conditions thereof, to participate in the Deferred Compensation Plans available to City employees. 6.10 Section 125 Plan—Based on the terms and conditions of the City’s plan, each employee may participate in the IRS-defined section 125 plan. 6.10.1 Health Care Reimbursement—This program is available for out-of- pocket unreimbursed health care expenses as allowed under the Plan. The annual plan maximum is $2,750 effective 1/1/2021). 6.10.2 Dependent Care Reimbursement—This program is available for out-of- pocket unreimbursed dependent care expenses as allowed under the Plan. The maximum allowed amount is determined by the IRS (as of 2021, $10,500 per calendar year per household; $5,250 for single participants or married participants who file separate returns). 6.10.3 Group Insurance Premium Plan—This program allows employees to pay their portion of insurance premiums with pre-tax dollars. 6.11 Separation Benefits—Payment of separation benefits may be deferred from the time of separation to the first pay period in the calendar year immediately following the date of separation, at the employee’s option. 6.11.1 Payment of Unused Accrued Sick Leave—Employees are eligible to receive payment for unused accumulated sick leave. An employee shall be paid at the employee’s enhanced hourly rate of pay for half of the accumulated sick leave hours. However, no employee shall receive payment of any accrued sick leave hours in excess of 1,200; the maximum Page 10 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 payable hours of 600. This accrual shall include the amount credited, if any, on 1/1/1986, for the period when the 90-day sick leave plan was in effect. Employees are eligible to receive payment for unused accumulated sick leave if they meet one of the following conditions: • Upon death. • After 10 years of service, reaching age 50, and separation from City employment in good standing. 6.12 Retirement Health Savings (RHS) Plan—Mid-management Unit employees may participate in the RHS Plan to the extent permitted under the existing RHS Plan policy. 6.12.1 Mandatory Employee Leave Contribution—All employees with less than 35 years of full-time regular City service at the time of retirement and hired before January 1, 1990 shall contribute 100% of their unused accrued sick leave and unused accrued vacation leave paid out upon retirement into the RHS plan. 6.12.1 Direct Employee Contribution—Employees hired after April 24, 2010 shall contribute $50 each pay period. 6.13 Retired Employee Benefits— 6.13.1 Group Medical Insurance for Qualifying Retirees—An employee who was hired on or prior to April 24, 2010 may elect to continue his or her City sponsored medical insurance if the employee is enrolled in the City's group medical plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The monthly premium that the City will make for retiree medical insurance pursuant to this provision equals the monthly monetary contribution that the City makes for single retiree medical HMO coverage. Retirees will be required to pay any additional costs in order to receive retiree medical benefits. An eligible retiree may also elect to continue dependent coverage provided that the retiree bears the full premium costs for any eligible dependents. A retiree must continually receive a CalPERS retirement allowance in order to remain eligible to receive retiree medical insurance contributions. Any retiree that un- retires from CalPERS and returns to active service with a CalPERS covered agency will permanently forfeit their eligibility for retiree medical benefits pursuant to this provision. 6.13.1.1 City-provided Spouse Benefit—The City will provide up to 2 months of City-paid medical coverage to the spouse of a retired employee upon the retiree’s death. 6.13.1.2 Spouse-paid Benefit—The City will allow the spouse of a deceased employee/retiree to purchase medical insurance from a City-provided medical plan at the City’s premium rate provided all of the following conditions are met: the employee must be enrolled in the medical plan prior to retirement; there is no cost to the City; the provider does not require a City contribution; and the City is held harmless if the coverage is discontinued 6.13.2 Medical After Retirement Account (MARA)—An employee who was hired Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 11 after April 24, 2010 will not be eligible to participate in the Retiree Medical Insurance program described in 6.13.1. Instead, the City shall contribute the equivalent of one and one-half percent (1.5%) of such an employee’s base salary toward a medical after retirement account (VEBA, or similar vehicle such as RHS plan). 6.13.3 Group Dental Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored dental insurance if the employee is enrolled in the City's group dental plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing dental coverage. 6.13.4 Group Vision Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored vision insurance if the employee is enrolled in the City's group vision plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing vision coverage. Article 7. Holidays 7.1 Holidays—All regular employees are eligible for City-provided holidays. 7.2 Discretionary Holiday—Each regular employee shall be eligible for one 8-hour holiday in addition to the holidays observed by the City. The discretionary holiday accrues in the first pay period of each calendar year. Once accrued, this discretionary holiday should be used before vacation leave. An employee who has not used the discretionary holiday before the last full pay period of the calendar year shall forfeit this benefit that calendar year. No cash payouts will be allowed. 7.3 Observed Holidays— 7.3.1 Full-day Holidays—The City shall observe the following full-day holidays. January 1st ............................................................. New Year’s Day Third Monday in January ..................................... Martin Luther King, Jr. Day Third Monday in February ................................... President’s Day Last Monday in May ............................................ Memorial Day July 4th .................................................................. Independence Day First Monday in September .................................. Labor Day Second Monday in October .................................. Indigenous Peoples’ Day November 11th ...................................................... Veteran’s Day Fourth Thursday in November ............................. Thanksgiving Day Friday following Fourth Thursday in November . Day After Thanksgiving December 25th ...................................................... Christmas Day Page 12 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 7.3.2 Half-day Holidays—In addition, the City observes the following half-day holidays. 7.3.3 Day of Holiday Observation—Holidays falling on a Sunday shall be observed on the following Monday. Holidays falling on a Saturday shall be observed on the previous Friday. Half-day holidays shall be observed on the workday immediately previous to the day before Christmas Day and the day before New Year’s Day are observed. 7.4 Day of National Mourning or Celebration—In addition, the City may observe any other day of national mourning or celebration, provided that it has been proclaimed by the City Council and provided that the council directs the closure of City offices for public service. Any such holiday shall be granted only to those employees who are regularly scheduled to work on the day in which the Council proclaims such a holiday. 7.5 Monday through Friday Work Hours—Employees not assigned to continuous operations shall be entitled to receive compensation for 8 hours of holiday time for each full-day holiday and 4 hours of holiday time for each half-day holiday, with the holiday time considered as hours worked. Article 8. Leaves 8.1 Vacation—All regular employees shall be eligible to earn and be granted vacation leave. 8.1.1 Vacation Accrual Rates—Each employee shall accrue vacation hours in accordance with the following accrual rate schedule. Length of Service Pay period Accrual Rate Annual Rate 1st through 4th years, inclusive ............... 4.62 hours ................... 15 days 5th through 14th years, inclusive ............. 6.16 hours ................... 20 days 15th through 24th years, inclusive ........... 7.69 hours ................... 25 days 25th and succeeding years ..................... 9.23 hours ................... 30 days 8.1.2 Vacation Accumulation—An employee may accumulate up to two times the annual accrual rate of vacation hours. Once an employee has accumulated two times the employee’s annual accrual, no further vacation leave will accrue until the pay period after the vacation balance has been reduced below the two-year cap. 8.1.3 Vacation Cash-Out–– Employees shall be allowed to cash out up to 40 hours of unused accrued vacation per calendar year with the following provisions: • Employees must have completed a minimum of one year of service. • Employees must maintain a minimum of 80 hours of accrued vacation hours in their vacation bank. • Vacation hours shall be compensated at the employee’s enhanced rate of pay as of the date of the cash-out. • Employees must complete an irrevocable election form and submit the completed form to the Human Resources Department no later than December 15 of the calendar year prior to the year of the desired cash-out. Only time accrued during the calendar year following the irrevocable election Time may December 24th ....................................................... Christmas Eve Day December 31st ....................................................... New Year’s Eve Day Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 13 be sold once per year in November, as long employees have submitted an irrevocable election form in the prior year. 8.1.4 Vacation Leave Payout Upon Separation—An employee who retires or separates from City employment and who has accumulated unused vacation time on record, shall be compensated at the employee’s enhanced hourly rate of pay as of the date of separation for all such unused vacation hours. 8.2 Administrative Leave—Each regular employee shall be entitled to receive 40 hours per fiscal year of administrative leave in recognition of the City’s expectation that members of the Mid-management Employee Unit routinely and consistently perform the duties of their positions during times that involve hours in excess of the normal 5-day, 40-hour workweek. Said 40-hours shall accrue on July 1st of each fiscal year. 8.2.1 Administrative Leave Taken—Administrative leave may be taken in paid time off. 8.2.2 Carryover of Administrative Leave—Administrative leave may not be carried forward from one fiscal year to the next. 8.2.3 Administrative Leave for New Employees—Immediately upon hiring, a new employee shall be entitled to receive administrative leave at the rate of 1.538 hours for each pay period of employment remaining in the fiscal year during the year the employee was hired. 8.2.3.1 Supplemental Administrative Leave—Employees in this Unit are also eligible to receive up to an additional 40 hours of administrative leave per fiscal year. It is recognized that not all members of this Unit will satisfy the eligibility criteria and only those satisfying the criteria may receive the additional hours. 8.2.3.2. Qualifying for Supplemental Administrative Leave—In general, to qualify for supplemental administrative leave, an employee must be required to work additional hours substantially in excess of the customary workweek. The determination as to whether an employee is “required to work” additional hours may be made by the department head. In making this determination, the department head is expected to distinguish between that which is typical for someone in this Unit versus that which is extraordinary. Illustrative of the factors to be considered are the extent to which an individual attends evening meetings and whether attendance is a recurring obligation, and whether the employee regularly performs City- related duties beyond usual work hours in response to direction from the department head. 8.2.3.3 Employee Requests— Employees requesting supplemental administrative leave must submit requests, along with a description of work hours and duties meeting the criteria above, to their department head no later than April 30th of each year for the following fiscal year. 8.2.3.4 Department Head Recommendation— The Department head will review all requests and make a recommendation on each request. All requests and recommendations shall be reviewed by Human Resources Director prior to submission to the City Manager. Page 14 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 8.2.3.3 City Manager Approval—Recommendations for supplemental administrative leave shall be submitted to the City Manager for approval following the Human Resources Director’s review. Employees shall be notified of the decision to approve or deny their request by the department head prior to July 1. 8.2.3.4 Carrying Over Supplemental Leave—Supplemental administrative leave earned but not used may not be carried forward from one fiscal year to the next, nor may unused hours be converted to compensation. 8.3 Sick Leave—An employee who is ill or injured, or is entitled to use sick leave for other purposes as required by law, is entitled to paid sick leave as follows: 8.3.1 Amount of Sick Leave—Each employee will accrue 8 hours per month of sick leave. Such leave may be accumulated without limit. 8.3.2 Maximum Paid Sick Leave Time—An employee who has insufficient unused sick leave hours on record to cover any absence from the job shall use accrued vacation leave and administrative leave prior to receiving authorization for leave of absence without pay. 8.3.3 Sick Leave Management Policy—The City’s Sick Leave Management Policy Administrative Instruction defines abuse of sick leave as the use of sick leave for purposes other than illness or injury. Consistent with this policy, the monitoring, management, maximum sick leave use, and reporting should conform to a general City standard. Therefore, employees exceeding 56 hours of sick leave per calendar year will be subject to a review of sick leave usage. 8.3.4 Protected Leave—Employees are permitted to use up to half of their annual sick leave allotment, in any calendar year, for the following purposes: 1. the diagnosis, care, or treatment of an existing health condition of, or preventative care for, themselves; 2. the diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s child (regardless of age or dependency status), parent, spouse, registered domestic partner, grandparent, grandchild, sibling, and parent of the employee’s spouse or registered domestic partner; and 3. If the employee is a victim of domestic violence, sexual assault, or stalking, to obtain any relief to help ensure the health, safety or welfare of the employee or his or her child. 8.3.5 Medical Appointments – Employees should reasonably attempt to schedule appointments with health care practitioners or dentists when such appointments can occur outside of work hours. 8.4 Medical Appointments Leave—A full-time regular employee may be granted leave without loss of salary or benefits for the purpose of going to appointments with healthcare practitioners or dentists in instances where the employee can demonstrate that the appointment could not have been reasonably scheduled to occur at a non-work time of the the employee. Medical appointment leave will be charged on a calendar-year basis. 8.4.1 Approval – An employee requesting such paid leave shall receive department head Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 15 approval prior to the leave commencing. Medical appointment leave shall be authorized only for that period of time necessary to provide reasonable travel time to and from the appointment and the actual time required for the appointment. 8.4.2 Affidavit of Leave – The employee requesting such leave shall submit a sick leave request form to verify the need for the appointment. 8.4.3 Leave Confirmation – The City reserves the right to confirm any appointment for which such leave is authorized. 8.4.4 Medical Appointment Leave Charges to Sick Leave – Absences of the first 8 hours per calendar year will not be charted to sick leave; the remainder of any leave used for medical appointment purposes will be charged to sick leave. 8.5 Bereavement Leave—An employee may be granted paid leave of absence upon the death or for the funeral of a family member as defined below. 8.5.1 Definition of Family Member for Bereavement Leave—For the purpose of bereavement leave, a family member is defined as a spouse, domestic partner registered with the State of California, child, father, mother, brother, sister, grandfather, grandmother, father-in-law, mother-in-law, brother-in-law, sister-in- law, daughter-in-law, and son-in-law. In addition, the department head may grant bereavement leave to an employee upon the death or for the funeral of some other person, if in the opinion of the department head, there existed an extraordinarily close familial relationship between the employee and such other person. 8.5.2 Leave Within California—Employees may be granted up to a maximum of 24 hours of bereavement leave per occurrence for the death or for the funeral of a family member within California. 8.5.3 Leave Outside California—Employees may be granted up to a maximum of 40 hours of bereavement leave per occurrence for the death or for the funeral of a family member outside of California. 8.6 Industrial Injury or Illness Leave—An employee who is temporarily and/or partially disabled from performing work as a result of any injury or illness that has been determined to be industrially caused and requires the employee to be absent from work, shall be entitled to receive paid industrial injury or illness leave without loss of salary or benefits, as indicated. 8.6.1 Industrial Injury or Illness Leave Amounts—Employees shall be eligible to receive paid industrial injury or illness leave for all time the employee is normally scheduled to work but is unable to work during a 90-calendar day period following the date upon which the injury or illness caused the period of temporary and/or partial disability and necessitated the employee’s absence from work. 8.6.2 Workers’ Compensation Disability Payments—An employee who is receiving paid industrial injury or illness leave shall assign to the City all workers’ compensation insurance proceeds received by the employee for all of the time for which the employee also received paid leave from the City. 8.7 Military Leave—This leave shall be granted in accordance with the provisions of applicable state and federal law. 8.8 Short- or Long-term Disability Leave—After an employee is on leave due to disability and upon an employee qualifying for short- or long-term disability insurance benefits, in Page 16 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 accordance with the requirements of law, the City shall determine whether to separate the employee from the position or grant the employee a leave of absence without pay for any period up to 365-calendar days or a reasonable extension thereof. 8.8.1 Insurance Premiums—The City will continue to pay insurance premiums provided by this Compensation Plan for a disabled employee until the date upon which the employee is separated from City employment. 8.8.2 Extending Leave—If the City grants an employee a leave of absence without pay for any period and the employee is unable to resume work prior to or at the expiration of such leave, the City may subsequently grant additional leave or separate the employee from City service. An employee who has been granted a leave of absence without pay may request and receive payment for any unused vacation leave accrued but not used by the employee. 8.8.3 Separating Employee On Leave—The City will not separate an employee until the employee has been qualified for long-term disability benefits for a period of at least 90 days, except in those instances where the City and the employee agree to an earlier separation. 8.9 Reporting Leave Usage—An appropriate City-designated leave form should be submitted subsequent to each occurrence of leave, such as Sick Leave, Paid Family Care Leave, Bereavement Leave, Military Leave, Medical Appointment Leave, personal leave, and any other leave that would qualify under this provision. The form should indicate the purpose of the leave. The City reserves the right to take such action it deems necessary to confirm or verify use of this leave. Such leave may run concurrently with leave taken under the federal or state family medical leave acts. Both the employee’s division manager and department head should sign the form. 8.10 Light-duty Program—The purpose of this light-duty program is to minimize the loss of productive time, while at the same time reintroduce the employee to work to prevent skill deterioration, facilitate recovery, and reduce income loss. Light-duty assignments will not be made unless there is a light-duty assignment for which they are qualified and light-duty assignments are intended to be temporary and of short duration. Light-duty assignments will be structured so employees are not placed in a duty status that would aggravate or cause a reoccurrence of the injury or illness. Light-duty assignments will not be made unless the employee receives medical clearance from the treating physician to return for light-duty work. This program shall be coordinated with applicable workers’ compensation benefits so that benefits are provided at the level not less than those mandated by state law. 8.10.1 Coverage—This light-duty program will cover any employee who suffers a temporary and partial disability due to an industrial or non-industrial injury or illness. 8.10.2 Determination/Required Reports— 8.10.2.1 Assignments—Light-duty assignments may be made following evaluation and determination by the department head. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determinations will also be based on the needs of the City and the impact of light-duty work on departmental Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 17 operations. The evaluation and determination of light-duty assignments will be based on the employee’s medical restrictions and upon agreement of the department head, the employee, and the affected supervisor. 8.10.2.2 Medical Updates—Updated medical reports shall be submitted to the department head at 2-week intervals, or at other agreed-upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non-industrial injuries or illnesses regardless of whether a light-duty assignment has been made. Reports will be evaluated by the department head for purposes of continuing or terminating a current light- duty assignment or to determine when to commence a light-duty assignment. 8.10.2.3 Light-duty Assignment, Definitions, and Restrictions—Light-duty assignments shall only be provided to employees with temporary disabilities where it has been medically determined that the employee will be able to return to the essential functions of current job with or without accommodation. Light-duty assignments are intended to be temporary and of short duration. Light-duty assignments: • May consist of reduced work hours, limited work, or any combination thereof. • Will not adversely affect the employee’s enhanced hourly rate of pay. • Will be within the employee’s assigned department; or if no regular work is available, the employee may be assigned work outside of the department, consistent with the employee’s skill and ability. • When feasible, light-duty work will be during the employee’s normal shift and duty hours. However, if it is determined that no useful work can be performed by the employee during the normal shift or duty hours, the employee can be assigned light-duty work during the normal business hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. • Will be developed based on a case-by-case review of the medical restrictions, so as not to aggravate an injury or illness. 8.10.3 Holidays/Vacations During Light-duty Assignments— 8.10.3.1 Holidays Observed—Holidays shall be observed in accordance with the light-duty assignment work hours and workweek. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take a holiday off, so shall the light- duty employee. If the employee is assigned to work hours in a department, division, or operating unit where employees in that work unit work holidays, so shall the light-duty employee. Compensation for holidays shall be in accordance with this Agreement. 8.10.3.2 Vacations—Employees assigned to light-duty work shall take their vacation as normally scheduled. Vacations shall cover the same number of workdays and calendar days as would have been if the employee had remained on a full-duty assignment. Employees may reschedule their Page 18 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 vacation with the approval of the department head, provided the rescheduling does not result in increased costs or lost time to the City for relief staff to cover the rescheduled vacation. 8.10.4 Return to Full-duty Assignment—Employees will be returned to full-duty work as soon as possible following medical certification that the employee is able to resume the full duties of the classification with or without reasonable accommodation. 8.11 CFRA/FMLA/Pregnancy Disability Leave—Family care, medical, and pregnancy disability leave shall be provided according to state and federal law, consistent with City Administrative Instruction Section VI, No. 15. 8.11.3 Extended Unpaid Parental Leave—In addition to above, unpaid leave without benefits may be granted to an employeefor the birth, care, placement for adoption or foster care of a new child. . The employee shall request such leave as soon as practicable. Generally, the request should be made no less than 30 days prior to the date on which the leave is to begin. Such request shall be in writing and shall include a statement as to the dates the employee wishes to begin and end the leave without pay. 8.11.3.1 Leave Duration—The total duration of such leave shall be no more than twelve (12) months, inclusive of leave covered by CFRA/FMLA/PDL. The leave may be taken prior to or after the birth, care, placement for adoption or foster care of a new child (“qualifying event”), but must be taken within nine (9) months prior to the qualifying event and within one year of the qualifying event. 8.11.3.2 Use of Leaves—Except as provided by law, the employee is not entitled to the use of any accrued sick leave while on Extended Parental Leave. Employees on Extended Parental Leave are required to utilize available vacation leave and administrative leave prior to being placed on unpaid status. 8.11.3.3 Salary and Benefit Continuance—There shall not be an employment consequence for Extended Parental Leave. Unless otherwise mandated by law, no employee shall be entitled to compensation, a step increase, nor shall the time taken on Extended Parental Leave count as credit for seniority. 8.11.3.4 Unexpected Return to Work—In the event an employee chooses to return to work from such leave sooner than expected, the employee may request to return to work. The employee shall notify the department head as soon as practicable of the requested return-to-work date. If there is a vacancy for which the employee is qualified, the department head will make the assignment as soon as possible. Article 9. Work Hours 9.1 Eight-hour Schedule—The workweek shall normally consist of 5-consecutive 8-hour days for non-continuous operations staff. Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 19 9.2 Alternate Workweek Schedule—For those departments with continuous operations, with hours of business that are open more than a normal business day, employees shall work a schedule that is consistent with those hours. 9.3 Flexible Work Hours—Alternate work schedules may be available to employees at the discretion of the department head. Article 10. Recreational Facilities and Classes 10.1 Admission to Classes—All regular employees shall be entitled to free admission to City recreation facilities and to free enrollment in up to 12 recreational classes during a 12- month period (lab fees or ingredient fees are not included). 10.2 Use of Facilities—Employees using City recreation facilities and enrolled in City recreational classes shall engage in such activities only during the employee’s non-work time. Employee admission to recreation facilities and recreation classes shall be accomplished in conformance with the rules and regulations established by the Parks, Recreation, and Maintenance Services Department. Article 11. Grievance Procedure Regular employees are eligible to invoke the grievance procedures set forth in the City of South San Francisco’s Personnel Rules and Regulations. Article 12. Disciplinary Action The City shall take disciplinary action against a regular, non-probationary employee following the procedures set forth in the City of South San Francisco Personnel Rules and Regulations. Article 13. Annual Meeting On a yearly basis, or more or less frequently if needed, and prior to making any revisions to this Compensation Program, the City will meet with members of the Mid-management Employee Unit. Article 14. Administration of Memorandum of Agreement/Compensation Program 14.1 Full and Entire Agreement—The Mid-management Unit’s Memorandum of Agreement/Compensation Program sets forth the full and entire compensation program for members of the Unit and any prior or existing agreements regarding these matters, whether formal or informal, are hereby superceded or terminated in their entirety. In the event that the provisions of this Agreement/Compensation Program are found to be in conflict with a City rule, regulation, resolution, or agreement, the provisions of this Agreement shall prevail over such conflicting rule regulation, resolution, or agreement. Page 20 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 14.2 Administering the Agreement—The City Manager through the Personnel Officer shall administer the Agreement/Compensation Program and may establish such policies, rules, and regulations as deemed appropriate to the effective administration of the program. Employees shall comply with such policies, rules, resolutions, and regulations as established by the City Manager. 14.3 City Manager Powers—The City Manager shall be empowered to grant or to impose administrative leave without loss of pay or benefits for members of the Mid-management Employee Unit for any purpose deemed by the City Manager to be appropriate to the circumstances. Article 15. Signatures In witness thereof, the parties hereto have executed this Memorandum of Agreement/Compensation Program in the City of South San Francisco on this _____ day of ____________, 20____. For the Association: For the City: Mark Leach, Business Agent Donna Williamson, Chief Negotiator Kelli Jo Cullinan Adena Friedman Leah Lockhart, Human Resources Director Deanna Talavera Mike Futrell, City Manager Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 21 Appendix A Mid-management Classifications Description Job Code Accountant I M100 Accountant II M620 Accountant, Senior M625 Building Official, Assistant M215 Business Manager M825 Childcare Assistant Supervisor M800 City Building Official M210 City Planner M155 Community Development Coordinator M725 Deputy Economic and Community Development Director M145 Deputy Finance Director M845 Deputy Parks and Recreation Director M840 Deputy Public Works Director M820 Disaster Preparedness Manager M780 Economic Development Coordinator M185 Electrical Maintenance Supervisor M835 Engineer, Associate M115 Engineer, Principal M760 Engineer, Senior M340 Environmental Compliance Supervisor M450 Financial Analyst I M600 Financial Analyst II M610 Financial Analyst, Senior M615 Financial Services Manager M770 Human Resources Analyst I M700 Human Resources Analyst II M270 Human Resources Analyst, Senior M271 Human Resources Manager M775 Information Systems Administrator M650 Information Systems Administrator, Senior M790 Landscape Architect M815 Laboratory Supervisor M220 Library Director, Assistant M640 Library Program Manager M235 Page 22 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Description Job Code Literacy Program Manager M500 Maintenance Supervisor M255 Management Analyst I M570 Management Analyst II M560 Payroll Administrator M785 Planner, Associate M125 Planner, Principal M590 Planner, Senior M335 Plant Maintenance Supervisor M745 Plant Superintendent M355 Plant Superintendent, Assistant M465 Police Communications & Records Manager M285 Program Manager M750 Public Works Administrator M795 Recreation & Community Services Program Coordinator M530 Recreation and Community Services Supervisor M295 Technical Services Supervisor M735 Memorandum of Understanding between the Mid-management Unit and the City of South San Francisco July 1, 2021 through June 30, 2022 Page 23 EXHIBIT B Published by Human Resources Department City of South San Francisco Street Address: Mailing Address: First Floor City Hall 400 Grand Avenue P. O. Box 711 South San Francisco CA 94080 South San Francisco CA 94083 www.ssf.net 650/877-8522 Tel 650/829-6699 Job Line 650/829-6698 Fax EXHIBIT C The City of South San Francisco Memorandum of Understanding Between the Confidential Unit, Teamsters Local 856 and the City of South San Francisco July 1, 2021 through June 30, 2022 EXHIBIT C City of South San Francisco Confidental Unit, Teamsters Local 856 Memorandum of Understanding July 1, 2017 through June 30, -2020 Table of Contents Article Title Page Preamble ................................................................................................................ 1 1. Recognition ............................................................................................................ 1 2. Union Membership & Dues ................................................................................... 1 2.1 Notification of New Employees .................................................................. 1 2.2 Indemnify and Hold Harmless ..................................................................... 2.3 Payroll Deductions ...................................................................................... 2.3.1 Payroll Deduction Procedures ........................................................... 2.3.2 Suspension of Union Dues During Leave of Absence ...................... 1 2 2 2 2.4 Communication With New Employees ....................................................... 3 2.5 Advance Notice ........................................................................................... 2 2.4 Copies of Memorandum of Understanding ................................................. 2 3. Salaries................................................................................................................... 2 3.1 Definitions ................................................................................................... 2 3.1.1 Base Pay ............................................................................................ 2 3.1.2 Enhanced Pay .................................................................................... 2 3.2 Wage Rates .................................................................................................. 2 3.3 Salary Schedule ........................................................................................... 3 3.4 Temporary Assignment to Higher-level Position ........................................ 3 3.5 Longevity Pay Plan ..................................................................................... 3 3.5.1 Fifteen Years of Service ..................................................................... 3 3.5.2 Twenty Years of Service .................................................................... 3 3.6 Education Incentive Pay .............................................................................. 3 3.7 Bilingual Incentive Pay ............................................................................... 3 3.7.1 Classifications Eligible for Bilingual Incentive Pay 3 3.7.2 Current Languages in Effect ............................................................... 3 3.7.3 Testing and Compensation ................................................................. 4 3.7.4 Translating .......................................................................................... 4 3.8 Payment of Compensation ........................................................................... 4 3.9 Standby Compensation ................................................................................ 4 3.10 Holiday Standby .......................................................................................... 4 4. Health and Welfare Plans ...................................................................................... 4 4.1 Medical Insurance ....................................................................................... 4 4.1.1 Available Medical Plans ................................................................... 4 4.1.2 Payment of Premium Costs ............................................................... 5 4.1.2.1 Employee HMO Medical Premium Cost ......................... 5 4.1.2.2 Employee Non-HMO Medical Premium Cost ................. 5 4.1.3 Effective Date of Coverage ............................................................... 5 City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page ii July 1, 2017 through June 30, 2020 Article Title Page 4.1.4 Change in Medical Plan Providers .................................................... 5 4.2 Dental Insurance .......................................................................................... 5 4.2.1 Core Dental Plan ............................................................................... 5 4.2.2 Calendar Year Maximum .................................................................. 5 4.2.3 Orthodontia ....................................................................................... 5 4.2.4 Payment of Premium Costs ............................................................... 5 4.2.5 Effective Date of Coverage ............................................................... 5 4.2.6 Buy-up Dental Plan ........................................................................... 5 4.3 Vision Insurance .......................................................................................... 6 4.3.1 Available Plan ................................................................................... 6 4.3.2 Payment of Premium Costs ............................................................... 6 4.3.3 Effective Date of Coverage ............................................................... 6 4.4 Discretionary Benefit Option ...................................................................... 6 4.4.1 Proof of Alternate Insurance ............................................................. 6 4.4.2 Exercising the Option ....................................................................... 6 4.5 Life Insurance and Accidental Death and Dismemberment Insurance ....... 6 4.5.1 Term Life Value ................................................................................ 6 4.5.2 AD&D Value .................................................................................... 6 4.5.3 Payment of Premium Costs ............................................................... 6 4.5.4 Effective Date of Coverage ............................................................... 6 4.5.5 Supplemental Life Insurance ............................................................ 6 4.6 Disability Insurance Program ...................................................................... 6 4.6.1 Short-term Disability ........................................................................ 7 4.6.2 Long-term Disability ......................................................................... 7 4.6.3 Payment of Premium Costs ............................................................... 7 4.6.4 Effective Date of Coverage ............................................................... 7 4.7 Retirement Plans .......................................................................................... 7 4.7.1 PERS Miscellaneous Retirement Formula ....................................... 7 4.7.1.1 2.7% at Age 55 Plan ......................................................... 7 4.7.1.2 2% at Age 60 Plan ............................................................ 7 4.7.1.3 2% at Age 62 Plan ............................................................ 7 4.7.2 Employee Contributions to Retirement System ................................ 7 4.7.3 IRS Tax Exemption .......................................................................... 7 4.7.4 Optional Provisions Added ............................................................... 7 4.7.4.1 Military Service Credit ..................................................... 8 4.7.4.2 Sick Leave Service Credit ................................................ 8 4.8 Section 457 Deferred Compensation Plan ................................................... 8 4.9 Section 125 Plan .......................................................................................... 8 4.9.1 Group Insurance Premium ............................................................... 8 4.9.2 Health Care Reimbursement ........................................................... 8 City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page iii Article Title Page 4.9.3 Dependent Care Reimbursement ..................................................... 8 4.10 Education Expense Reimbursement Program ............................................. 8 4.10.1 Qualifying for Education Expense Reimbursement Program ......... 8 4.10.1.1 Department Head Approval .............................................. 8 4.10.1.2 Reimbursement Request ................................................... 8 4.10.2 City Manager Approval ................................................................... 8 4.11 Retired Employee Benefits .......................................................................... 8 4.11.1 Group Medical Insurance for Qualifying Retirees ......................... 8 4.11.2 Medical After Retirement Account (“MARA”) .............................. 9 4.11.3 Group Dental Insurance for Qualifying Retirees ........................... 9 4.11.4 Group Vision Insurance for Qualifying Retirees ........................... 9 5. Holidays ................................................................................................................. 9 5.1 Observed Holidays ...................................................................................... 9 5.2 Half-day Holidays ....................................................................................... 10 5.3 Holiday Pay ................................................................................................. 10 5.4 Holidays on a Weekend ............................................................................... 10 5.5 Discretionary Holiday ................................................................................. 10 6. Overtime Pay and Compensatory Time Off .......................................................... 10 6.1 FLSA Work Period ...................................................................................... 10 6.2 Overtime Pay ............................................................................................... 10 6.2.1 Approval for Overtime ...................................................................... 10 6.3 Compensatory Time Off .............................................................................. 10 6.3.1 Maximum Compensatory Time ........................................................ 10 6.3.2 Payment of Compensatory Time ...................................................... 11 6.3.3 Use of Compensatory Time .............................................................. 11 6.3.4 Department Rules ............................................................................. 11 7. Vacation Leave ...................................................................................................... 11 7.1 Vacation Leave ............................................................................................ 11 7.2 Maximum Vacation Accumulation ............................................................ 11 7.3 Scheduling ................................................................................................... 11 7.4 Pay Upon Separation from City Service .................................................... 11 7.5 Vacation Cash-Out ...................................................................................... 12 8. Bereavement Leave ............................................................................................... 12 8.1 Bereavement Leave ..................................................................................... 12 8.2 Definition of Immediate Family for Bereavement Leave ........................... 12 9. Medical Appointment Leave ................................................................................. 12 9.1 Medical Appointment Leave ..................................................................... 12 9.2 Medical Appointment Leave Charged to Sick Leave ................................ 12 10. Sick Leave ............................................................................................................. 13 10.1 Determination .............................................................................................. 13 10.2 Amount of Sick Leave ................................................................................. 13 City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page iv July 1, 2017 through June 30, 2020 Article Title Page 10.3 Sick Leave Management Policy .................................................................. 13 10.4 Protected Leave ........................................................................................... 13 10.5 Medical Appointments ................................................................................ 13 10.6 Payment of Unused Accrued Sick Leave .................................................... 13 11. Industrial Injury or Illness Leave ........................................................................... 14 11.1 Injury Leave ................................................................................................ 14 11.2 Injury Leave Amount .................................................................................. 14 12. Disability Leave ..................................................................................................... 14 12.1 Application for Benefits .............................................................................. 14 12.2 Insurance Premium Payment ....................................................................... 14 12.3 Separation from City Service ...................................................................... 14 12.4 Light-duty Program ..................................................................................... 14 12.4.1 Coverage ........................................................................................ 15 12.4.2 Determination Required Reports ................................................... 16 12.4.2.1 Assignments .................................................................... 16 12.4.2.2 Medical Updates ............................................................. 16 12.4.3 Light-duty Assignment, Definitions, and Restrictions .................. 16 12.4.4 Holidays/Vacations During Light-duty Assignments .................... 17 12.4.4.1 Holidays Observed .......................................................... 17 12.4.4.2 Vacations ........................................................................ 16 12.4.5 Return to Full Duty ........................................................................ 16 13. Other Leaves .......................................................................................................... 16 13.1 Military Leave ............................................................................................. 16 13.2 Jury Duty ..................................................................................................... 16 13.3 Pregnancy-related Disability and Bonding Leave ....................................... 16 13.3.1 Pregnancy-related Disability .......................................................... 16 13.3.2 Bonding .......................................................................................... 16 13.3.3 Leave Usage ................................................................................... 16 13.4 Unpaid Leave of Absence ........................................................................... 16 13.5 Reinstatement Upon Return from Leave ..................................................... 16 14. Recreational Facilities and Classes ........................................................................ 17 15. Notary Public Certification .................................................................................... 17 15.1 Certification Requirements for Employees Hired Prior to 7/1/00 ................. 17 15.2 Certification Requirements for Employees Hired After 6/30/00 ................... 17 16. Discipline ............................................................................................................... 17 17. Grievance Procedure .............................................................................................. 17 18. Meeting .................................................................................................................. 17 19. Administration of Memorandum of Understanding .............................................. 18 19.1 Full and Entire Agreement .......................................................................... 18 19.2 Administration of Program .......................................................................... 18 City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page v Article Title Page 20. Signatures .............................................................................................................. 19 Appendix A Confidential Unit, Teamsters Local 856 Classifications .................. 20 Appendix B Salary Survey Methodology .............................................................. 21 EXHIBIT C City of South San Francisco Confidential Employees’ Unit, Teamsters Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Preamble This Memorandum of Understanding is entered into by the City of South San Francisco, hereafter designated as “City” and the Teamsters Local 856, AFL-CIO, hereafter designated as “Union” as a mutual agreement for those wages, hours, and conditions of employment in effect during the period of July 1, 2021 through June 30,2022. Article 1. Recognition Teamsters Union, Local 856 is recognized as the majority representative, as provided in City’s Resolution 111-99 adopted August 11, 1999, for all employees in the classifications assigned to the Confidential Unit as identified in Appendix A of this agreement. Article 2. Union Membership and Dues 2.1 Notification of New Employees— The City shall notify the Union of the name, classification, job title, department, work location and date of hire of each new, transferred or promoted employee appointed to a position covered by this memorandum. Notice shall be provided to the Union within 30 calendar days from the date of hire or by the first pay period of the month following hire. The City shall provide the work, home, and personal cellular telephone numbers, work and personal email addresses and home address on file with the employer. Notice shall be provided to the Union within one calendar month from the date of hire. The employer shall also provide the Union with this information for all employees in the bargaining unit at least every 120 days. 2.2 Indemnify and Hold Harmless—The Union shall indemnify and hold the City harmless from any cost of liability resulting from any and all claims, demands, suits, or any other action arising from the operating of this provision or from the use of the monies remitted to the Union, including the costs of defending against any such actions or claims. The Union agrees to refund to the City any amounts paid to it in error. In addition, the Union shall hold the City and its officers and employees, harmless for following the instructions contained in such dues deduction authorizations. 2.3 Payroll Deductions—The City shall withhold Union dues from the salary of an employee City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 2 July 1, 2017 through June 30, 2020 and remit withholdings to the Union, provided that the Union certifies in writing to the City that the Union has and will maintain each employee’s authorization for such deductions. 2.3.1 Payroll Deduction Procedures––The effective date of withholdings, time of remitting withholding to the Union, and all procedural matters shall be as mutually acceptable to the Union and the City, provided that the City’s payroll system and its operations are not thereby disrupted. 2.3.2 Suspension of Union Dues, During leave of Absence – An employee on unpaid leave of absence for a period of 30 calendar days or more shall not be required to pay Union dues during the period of the employees leave. 2.4 Communication with Employees— The City shall provide the Union access to its new employee orientation onboarding process, in which new employees are advised of their employment status, rights, benefits, duties, and responsibilities, or other employment- related matters. The Union shall be provided at least 30 minutes to meet with the employee during this process. The Union shall receive not less than 10 days’ notice in advance of an orientation, except that a shorter notice may be provided in a specific instance where there is an urgent need critical to the employer’s operations that was not reasonably foreseeable. The Union shall be provided suitable space on bulletin boards at the work location for posting notices concerning official union business. Such information shall be in compliance with applicable City and departmental policies. 2.5 Advance Notice—Except in cases of emergency as provided below, the Union, if affected, shall be given reasonable advance written notice of any ordinance, resolution, rule, or regulation directly relating to matters within the scope of representation proposed to be adopted by the City. The Union shall be given the opportunity to meet and confer with appropriate management representatives prior to the adoption of such an ordinance, resolution, rule, or regulation. Proper advance notice shall consist of written notice to the designated business agent. If public safety, public welfare, or an emergency arises that requires any of the above actions to be taken by the City without notice to the Union, the City may take the action while concurrently giving notice that affords the Union a reasonable time in which to meet with management representatives. 2.6 Copies of Memorandum of Understanding—The City shall post the MOU on the City’s Website. Article 3. Salaries 3.1 Definitions— 3.1.1 Base Pay—Base pay is the rate of compensation paid for a specified classification of employment, excluding any other payments. 3.1.2 Enhanced Pay—Enhanced pay is the rate of compensation that includes base pay and incentive pay such as longevity, bilingual, education and special assignment pay. Enhanced pay does not include acting pay or other temporary assignment pay. Each incentive pay will be computed on base pay. The sum City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 3 of the base pay plus each incentive is the enhanced pay. 3.2 Wage Rates—All members of the bargaining unit shall receive across-the-board base pay adjustments in the amounts and with the effective dates as follows: • Effective July 9, 2021: three percent (3%). There will be no retroactive across-the-board base pay adjustments. 3.3 Salary Schedule—Confidential positions shall have 5 pay steps that will provide for a differential of approximately 5% between steps. Employees may progress through the salary schedule based on satisfactory performance according to the following timelines of no less than 6 months each in steps A and B, and 12 months each in steps C and D. 3.4 Temporary Assignment to Higher-level Position—An employee assigned to the full scope of the duties of a higher classification shall not be paid the sal ary of that higher classification unless they serve in that capacity for 1-full day (8 hours) or more. An employee so assigned, must meet the minimum qualifications for the position to which assigned. An employee who meets these requirements and is assigned to perform the duties of a classification at a higher pay rate shall receive additional compensation at the rate of pay for which the employee would qualify were the employee to be promoted to that higher classification. 3.5 Longevity Pay Plan—Regular full-time employees hired prior to July 1, 2012 shall receive longevity pay in accordance with the following schedule: 3.5.1 Fifteen Years of Service—After 15 full years of City service, 1.5% will be added to the employee’s base hourly rate of pay. 3.5.2 Twenty Years of Service—After 20 full years of City service, in addition to above, another 1.0% of pay will be added to the employee’s base hourly rate of pay. Longevity pay is not available for employees hired on or after July 1, 2012. 3.6 Education Incentive Pay—An employee who has successfully completed probation and who possesses a degree from an accredited college or university shall be eligible to receive $500 per year for an Associate’s degree or $1,000 per year for a Bachelor’s degree. Education incentive pay will be effective the pay period following Department Head or designee approval following receipt of official transcripts. Education incentive pay is paid on a biweekly basis. 3.7 Bilingual Incentive Pay— 3.7.1 Classifications Eligible for Bilingual Incentive Pay—Positions eligible for bilingual incentive pay must be those that have regular contact with the public. Those classifications that are eligible for bilingual incentive pay are identified below and include any title changes that may occur during the life of this agreement. • Administrative Assistant I • Administrative Assistant II • City Clerk Records Technician • Data Business Systems Specialist • Deputy City Clerk • Executive Assistant to the City Manager City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 4 July 1, 2017 through June 30, 2020 • Human Resources Technician • Senior Administrative Assistant 3.7.2 Current Languages in Effect—To be eligible to participate in this program, employees must speak a second language used by a significant segment of South San Francisco population. For the duration of this agreement, the following languages shall qualify for an employee to receive the Bilingual Incentive Pay under this section. • Spanish • Tagalog • American Sign Language • Mandarin • Cantonese 3.7.3 Testing and Compensation—An employee who has tested, using the City’s standard bilingual testing procedures and demonstrating to the department head’s satisfaction, proficiency in speaking a second language, shall be compensated at a rate 2.5% higher than the employee’s base hourly rate of pay. Such compensation shall commence the next pay period after the employee has passed a qualifying examination, as determined by the City, demonstrating proficiency in the language. 3.7.4 Translating—Employees who have met the criteria and are compensated for bilingual incentive pay must use those skills whenever the need arises. Employees may be asked to assist an individual who is doing business with the City at worksites other than their primary work location 3.8 Payment of Compensation—Each employee shall be compensated on a biweekly basis. Payment will normally be made on the Thursday immediately following the conclusion of a City pay period. The pay period consists of 14 calendar days and begins on a Friday and ends on a Thursday, which is the last day of the pay period. Employees who are in continuous paid regular status for a partial pay period shall receive prorated compensation for the pay period at the rate of 1/80 of the employee’s enhanced biweekly rate of pay for each hour of the pay period that the employee was on continuous paid regular status. 3.9 Standby Compensation—Compensation for standby shall be as follows: • 7/1/2017 ––Employees taking standby beginning 7/1/2017 shall receive $400 per week for each week they are on standby. • Eligible positions for standby shall be as follows: Senior Computer Services Technician Computer Services Technician 3.10 Holiday Standby –––An employee taking standby, who is called to return to work on a holiday (midnight to midnight of the actual holiday), shall receive a minimum of 4 hours of compensation at 1.5 times the employee’s base hourly rate of pay. City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 5 Article 4. Health and Welfare Plans Full-time regular employees shall be eligible to receive insurance benefits, subject to the terms and conditions of the City’s contracts with health insurance providers, as follows: 4.1 Medical Insurance— 4.1.1 Available Medical Plans—Eligible employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the following current medical plans the City has with the carriers, subject to the terms and conditions of the City’s contract with the providers: • Kaiser Permanente • Blue Shield of California 4.1.2 Payment of Premium Costs—The City shall pay the equivalent of the HMO premium cost for eligible employees and their dependents to the insurance provider for the plan selected by each employee. 4.1.2.1 Employee HMO Medical Premium Cost— Employee HMO Medical Premium Cost––All employees on the City’s medical plans shall contribute an amount equal to 10% of the HMO premium cost based on plan choice and category of coverage (single, two, family). 4.1.2.2 Employee Non-HMO Medical Premium Cost—Employees who elect more expensive plans shall pay any additional cost over the HMO rate of the plan elected based on that plan’s 3-tiered rates (single, two or family). 4.1.3 Effective Date of Coverage—The effective date of health insurance shall be the first of the month following the date of hire, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. 4.1.4 Change in Medical Plan Providers—Should the City determine that a change in medical plan providers is warranted, it may establish a committee, comprised of one union representative from each bargaining unit, to assist in assessing a change in plan providers. 4.2 Dental Insurance— 4.2.1 Core Dental Plan—Eligible employees and their dependents shall be provided dental insurance, subject to the terms and conditions of the City’s contract with the provider. 4.2.2 Calendar Year Maximum—Effective 7/1/00, the calendar year maximum is $1,500. 4.2.3 Orthodontia—The lifetime orthodontia coverage is $1,000 for eligible dependents. 4.2.4 Payment of Premium Costs—The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 4.2.5 Effective Date of Coverage—Coverage is effective on the first day of the month following completion of 6-full-months of employment with the City, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 6 July 1, 2017 through June 30, 2020 month in which the employee is on paid status prior to separation from employment with the City. 4.2.6 Buy-up Dental Plan—Subject to the terms and conditions of the City’s contract with the provider, employees may participate in an enhanced dental plan by paying the additional coverage costs over the core dental plan. 4.3 Vision Insurance— 4.3.1 Available Plan—Eligible employees and their dependents shall be provided vision insurance, subject to the terms and conditions of the City’s contract with the provider. 4.3.2 Payment of Premium Costs—The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 4.3.3 Effective Date of Coverage—Coverage is effective on the first day of the month following date of hire. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. 4.4 Discretionary Benefit Option—Employees who can demonstrate to the City’s satisfaction that they have medical coverage elsewhere, may elect to receive $550 per month in deferred compensation monies in lieu of medical, dental, and vision benefits through the City. If an employee exceeds the deferred compensation annual maximum contribution limit, any remaining City contributions will be made to the employee’s Medical After Retirement Account (MARA). 4.4.1 Proof of Alternate Insurance—The employee must provide proof of alternate medical insurance and will be held responsible for maintaining own medical insurance benefits through the alternate source. 4.4.2 Exercising the Option—Employees wishing to exercise this option may do so by submitting a completed Discretionary Benefit Option form to the Human Resources Department. Employees may change the discretionary benefit option once each year during the open enrollment period for medical plans, or at another time during the year provided the employee has a qualifying event and submits requisite paperwork within 30 days of the qualifying event. 4.5 Life Insurance and Accidental Death and Dismemberment Insurance— 4.5.1 Term Life Value—Subject to the terms and conditions of the City’s contract with the provider, the amount of Life Insurance benefit for employees is $50,000. 4.5.2 AD&D Value—Subject to the terms and conditions of the City’s contract with the provider, the maximum amount of Accidental Death and Dismemberment Insurance benefit available is $50,000. 4.5.3 Payment of Premium Costs—The City shall pay the premium costs for eligible employees to the insurance provider. 4.5.4 Effective Date of Coverage—Coverage is effective on the first day of the month following date of hire. Coverage shall terminate on the date the employee ceases to be an employee of the City. City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 7 4.5.5 Supplemental Life Insurance—Employees have the option of purchasing supplemental life insurance based on the terms and conditions of the City’s contract with the insurance provider. 4.6 Disability Insurance Program—Subject to the terms and conditions of the City’s contract with the provider, full-time employees shall be provided Short-term Disability (STD) and Long-term Disability (LTD) insurance. If an eligible and covered employee becomes disabled while insured, the provider will pay benefits according to the terms of the group policy after receipt of satisfactory proof of loss. 4.6.1 Short-term Disability—After a 20-day waiting period, an eligible employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount, until LTD benefits begin. 4.6.2 Long-term Disability—After a 90-day waiting period, an eligible employee may receive 66.67% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount. 4.6.3 Payment of Premium Costs—The City shall pay the premium costs for medical, dental, vision, and life insurance for eligible employees to the insurance providers. 4.6.4 Effective Date of Coverage—Coverage is effective the first day of the calendar month following the date of hire. Coverage ends on the date employment terminates. 4.7 Retirement Plans—The benefit contract in effect between the City of South San Francisco and the Public Employees’ Retirement System (PERS) on behalf of eligible employees of this Unit shall be continued during the term of this agreement. Retirement benefits shall be those established for miscellaneous employees by the Federal Social Security Act providing Old Age and Survivor’s Insurance and the California Public Employees’ Retirement System (CalPERS or PERS) Miscellaneous Employees. 4.7.1 PERS Miscellaneous Retirement Formula— 4.7.1.1 2.7% at age 55 Plan—Classic Members as defined by CalPERS who were hired before April 24, 2010 will be provided a retirement benefit formula of 2.7% at age 55 with one-year final compensation. 4.7.1.2 2% at Age 60 Plan—Classic Members as defined by CalPERS who were hired on or after April 24, 2010 will be provided a retirement benefit formula of 2% at age 60 with three-year final compensation. 4.7.1.3 2% at Age 62—New Members as defined by PEPRA who are hired on or after January 1, 2013 will be provided a retirement benefit formula of 2% at age 62 with 3-year final compensation. 4.7.2 Employee Contributions to Retirement System—The rate prescribed by the Social Security Act for employee contributions shall be deducted from the pay by the City and forwarded to the system in accordance with the rules and regulations governing such employee contributions. The PERS rate for employee contributions shall be deducted from employees’ pay by the City and forwarded to PERS in accordance with the rules and regulations governing such contributions. City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 8 July 1, 2017 through June 30, 2020 4.7.3 IRS Tax Exemption—The City has obtained a 414(h)(2) exemption from the Internal Revenue Service, granting a deferral from federal withholding taxes of that portion of the employee’s contribution to PERS. This exemption is for all miscellaneous employees, who are now responsible for their individual PERS contributions, and now receive the 414(h)(2) exemption. 4.7.4 Optional Provisions Added—Optional Public Agency Provisions under PERS shall also be provided as follows: 4.7.4.1 Military Service Credit—An employee who has served in the military may be eligible for Military Service Credit, as authorized by section 2090 \30.3 of the Government Code. 4.7.4.2 Sick Leave Service Credit—Effective 4/11/2001, and as provided for in the Public Employees Retirement Law. 4.8 Section 457 Deferred Compensation Plan—Employees are eligible, subject to the terms and conditions thereof, to participate in the Deferred Compensation Plans available to City employees. 4.9 Section 125 Plan—Subject to the terms and conditions of the City’s plan, each employee may participate in the IRS-defined section 125 plan. 4.9.1 Group Insurance Premium Plan— Participants may pap premium contributions for employee and dependent coverage under the City’s health care plans on a pre-tax basis. 4.9.2 Health Care Reimbursement—Participants may set aside salary up to $2,500 per calendar year on a pre-tax basis to be used to reimburse their out-of-pocket eligible health care expenses.. 4.9.3 Dependent Care Reimbursement— Participants may set aside $5,000 per calendar year for reimbursement of out-of-pocket eligible dependent care expenses. 4.10 Education Expense Reimbursement Program—An employee who takes a course at an accredited institution of learning shall be eligible to receive reimbursement of 50%, not to exceed $2,000 per fiscal year, for the costs of tuition, fees, and course materials. 4.10.1 Qualifying for Education Expense Reimbursement Program—In order to qualify for reimbursement, the employee must: 4.10.1.1 Department Head Approval—Prior to enrollment, receive the written approval of the department head. The employee will submit a request, along with a description of the course, which briefly describes how the course may advance the employee’s career with the City and/or its relevance to the employee’s job. The department head will make a determination to accept or reject the request. 4.10.1.2 Reimbursement Request—Submit a request reimbursement to the City Manager which includes the following • A copy of the department head’s written approval of the course • A copy of the employee’s grade for the course • Receipts for all expenses related to the course with a total amount requested for reimbursement City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 9 4.10.2 City Manager Approval—The City Manager shall approve the employee’s request for reimbursement provided that the employee has prepared the request in compliance with this policy. 4.11 Retired Employee Benefits— 4.11.1 Group Medical Insurance for Qualifying Retirees—An employee who was hired on or prior to April 24, 2010 may elect to continue his or her City sponsored medical insurance if the employee is enrolled in the City's group medical plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The monthly premium that the City will make for retiree medical insurance pursuant to this provision equals the monthly monetary contribution that the City makes for single retiree medical HMO coverage. Retirees will be required to pay any additional costs in order to receive retiree medical benefits. An eligible retiree may also elect to continue dependent coverage provided that the retiree bears the full premium costs for any eligible dependents. A retiree must continually receive a CalPERS retirement allowance in order to remain eligible to receive retiree medical insurance contributions. Any retiree that unretires from CalPERS and returns to active service with a CalPERS covered agency will permanently forfeit their eligibility for retiree medical benefits pursuant to this provision. 4.11.2 Medical After Retirement Account (“MARA”)—An employee who was hired after April 24, 2010 will receive a City contribution of one and one-half percent (1.5%) of such an employee’s base salary toward a Medical after Retirement Account (e.g. VEBA or similar City-sponsored plan). 4.11.3 Group Dental Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored dental insurance if the employee is enrolled in the City's group dental plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing dental coverage. 4.11.4 Group Vision Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored vision insurance if the employee is enrolled in the City's group vision plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing vision coverage. Article 5. Holidays City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 10 July 1, 2017 through June 30, 2020 5.1 Observed Holidays—The City observes the following holidays: January 1 ................................................................ New Year’s Day Third Monday in January ....................................... Martin Luther King, Jr. Day Third Monday in February ..................................... President’s Day Last Monday in May .............................................. Memorial Day July 4 ...................................................................... Independence Day First Monday in September.................................... Labor Day Second Monday in October ................................... Indigenous Peoples’ Day November 11 .......................................................... Veteran’s Day Fourth Thursday in November ............................... Thanksgiving Day Friday following Fourth Thursday in November ... Day After Thanksgiving December 25 .......................................................... Christmas Day 5.2 Half-day Holidays—In addition, the City observes the following half-day holidays: December 24 .......................................................... Christmas Eve Day December 31 .......................................................... New Year’s Eve Day 5.3 Holiday Pay—Employees shall be entitled to receive compensation for 8 hours of holiday time for each full holiday and 4 hours of holiday time for each half-day holiday, with holiday time considered as hours worked. 5.4 Holidays on a Weekend—When any of the aforementioned holidays fall on a Sunday, it shall be observed on the following Monday; any holiday falling on a Saturday shall be observed on the previous Friday. Half-day holidays shall be observed on the workday immediately previous the day upon which Christmas Day and New Year’s Day are observed. 5.5 Discretionary Holiday—Each full-time regular employee shall be eligible for eight hours of paid discretionary holiday each calendar year, in addition to the holidays observed by the City. Once accrued, this discretionary holiday should be used before vacation leave. An employee who has not used this holiday by the end of the last pay period of the calendar year, shall forfeit the holiday for that year. No annual cash payouts will be allowed. Article 6. Overtime Pay and Compensatory Time Off 6.1 FLSA Work Period—The FLSA standard work period is a seven-day work week that begins at 12:01 am Friday and ends at 12:00 midnight the following Thursday. Any exceptions to this work period will be documented and maintained on a list shared between the Human Resources Department and the Union. Nothing in this provision is intended to affect the right of any employee to overtime pursuant to the terms of this MOU. 6.2 Overtime Pay—Non-exempt employees who work in excess of the normal 40-hour workweek will receive overtime pay at 1.5 times their enhanced hourly rate of pay for all overtime hours worked. 6.2.1 Approval for Overtime—No employee shall work overtime without the express prior approval of the employee’s department head or designee. City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 11 6.3 Compensatory Time Off—With the department head’s or designee’s approval, employees may receive compensatory time in lieu of overtime pay. If granted, compensatory time shall be earned at the rate of 1.5 times each overtime hour worked. 6.3.1 Maximum Compensatory Time—Employees may accumulate at the rate of 1.5 times to an equivalent maximum of 70 hours in lieu of pay for such overtime. Employees will be paid for the overtime hours that exceed the cap and cannot accrue further compensatory time until they have reduced their accrued hours below the 70 hour cap. 6.3.2 Payment of Compensatory Time—Payment of accrued compensatory time upon termination of employment or transfer out of the department will be made at the employee’s final regular rate of pay. The City reserves the right to pay out accrued compensatory time at any time at the regular rate of pay earned by the employee at the time the compensatory time is paid. 6.3.3 Use of Compensatory Time—Employees may use accrued compensatory time in accordance with departmental policies. 6.3.4 Department Rules—Individual departments may establish rules regarding: a. Notice required before use of compensatory time; b. Length of time that compensatory time may remain on the books before it is cashed out; and c. Such other matters necessary to ensure that operations are not unduly disrupted by use of compensatory time off. Article 7. Vacation Leave 7.1 Vacation Leave—Regular full time employees shall accrue vacation as follows: Length of Continuous Service Biweekly Accrual Rate 0 through completion of fourth year.................... 4.62 hours Fifth through fourteenth year .............................. 6.16 hours Fifteenth through twenty-fourth years ................. 7.69 hours Twenty-fifth and succeeding years ..................... 9.23 hours 7.2 Maximum Vacation Accumulation—An employee may accumulate up to two times the annual accrual rate of vacation hours as unused vacation. Effective July 5, 2013, once an employee has accumulated two times the annual accrual, no further vacation leave will accrue until the pay period after the vacation balance has been reduced below the two-year cap. 7.3 Scheduling—The times during the year at which an employee may take vacation shall be determined by the department head with due regard for the wishes of the employee and particular regard to the needs of the service. 7.4 Pay Upon Separation from City Service—Employees separating from the City Service shall be paid at their current enhanced hourly salary rate for all unused accrued vacation hours. City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 12 July 1, 2017 through June 30, 2020 7.5 Vacation Cash-Out—Employees shall be allowed to cash out up to 40 hours of unused accrued vacation per calendar year with the following provisions: • Employees must have completed a minimum of one year of service. • Employees must maintain a minimum of 80 hours of accrued vacation hours in their vacation bank. • Vacation hours shall be compensated at the employee’s enhanced rate of pay as of the date of the cash-out. • Employees must complete an irrevocable election form and submit the completed form to the Human Resources Department no later than December 15 of the calendar year prior to the year of the desired cash-out. Only time accrued during the calendar year following the irrevocable election may be cashed out. • Vacation hours may be cashed out once per year in November, as long employees have submitted an irrevocable election form in the prior year. Article 8. Bereavement Leave 8.1 Bereavement Leave—Each employee may take leave without loss of pay upon the death of, or for the funeral of, any member of his/her immediate family, as defined below, for the period of 24 hours per occurrence within the State of California and up to a maximum of 40 hours for a family member residing outside the State of California. 8.2 Definition of Immediate Family for Bereavement Leave—As used herein for bereavement leave, immediate family is defined to be spouse, registered domestic partner with the State of California, parent, brother, sister, grandparent, child, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, or son-in-law. In addition, the department head may grant the above described leave in the event of the illness or disability or funeral of someone other than those persons designated if, in the department head’s opinion, there exists an extraordinarily close relationship between the employee and such person. Article 9. Medical Appointment Leave 9.1 Medical Appointment Leave—Each employee may be granted leave without loss of salary or benefits for the purpose of going to appointments with medical doctors or dentists in instances where the employee is reasonably unable to arrange for such appointments to occur during non-work time. 9.2 Medical Appointment Leave Charged to Sick Leave—Medical appointment leave shall be charged to sick leave as follows with the first 8 hours per calendar year not charged to sick leave and any other absences relating to appointments charged to sick leave Article 10. Sick Leave 10.1 Determination— An employee who is ill or injured, or is entitled to use sick leave for other purposes as required by law, is entitled to paid sick leave as follows: City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 13 10.2 Amount of Sick Leave—Employees will accrue 8 hours per month of employment for purposes of sick leave. Such leave may be accumulated without limit. 10.3 Sick Leave Management Policy—All permanent and probationary employees who are temporarily and/or partially disabled from performing the full scope of duties within their classification as a result of an injury or illness that is not industrially caused, are eligible to receive sick leave without loss of salary or benefits. As identified in the City’s Sick Leave Management Policy Administrative Instruction, abuse of sick leave is defined as the use of sick leave for purposes other than illness or injury. Consistent with this policy, the monitoring, management, maximum use of sick leave, and reporting should conform to a general City standard. Therefore, employees exceeding 56 hours or 7 occurrences of sick leave per calendar year will be subject to a review of sick leave usage. 10.4 Protected Leave—Employees are permitted to use up to half of their annual sick leave allotment, in any calendar year, for the following purposes: 10.4.1 the diagnosis, care, or treatment of an existing health condition of, or preventative care for, themselves; 10.4.2 the diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s child (regardless of age or dependency status), parent, spouse, registered domestic partner, grandparent, grandchild, sibling, and parent of the employee’s spouse or registered domestic partner; and 10.4.3 If the employee is a victim of domestic violence, sexual assault, or stalking, to obtain any relief to help ensure the health, safety or welfare of the employee or the his or her child. 10.5 Medical Appointments – Employees should reasonably attempt to schedule appointments with health care practitioners or dentists when such appointments can occur outside of work hours. 10.6 Payment of Unused Accrued Sick Leave—Employees are eligible to receive payment for unused accumulated sick leave. An employee shall be paid at the employee’s enhanced hourly rate of pay for half of the accumulated sick leave hours. However no employee shall receive payment of any accrued sick leave hours in excess of 1,200; the maximum payable hours of 600. Employees are eligible to receive payment for unused accumulated sick leave in the following circumstances: • Death; or • Disability Retirement from CalPERS: or • Full service retirement provided that all the following conditions are met: o 10 years of consecutive full-time City service; o Simultaneous retirement from City service and receipt of a service retirement from CalPERS. Article 11. Industrial Injury and Illness Leave City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 14 July 1, 2017 through June 30, 2020 11.1 Injury Leave—An employee, who is temporarily and/or partially disabled from performing work as a result of any injury or illness that has been determined to be industrially caused and the injury or illness necessitates the employee’s absence from work, shall be entitled to receive paid injury leave without loss of salary or benefits. 11.2 Injury Leave Amount—Employees shall be eligible to receive this paid injury leave for all time the employee is normally scheduled to work but is unable to work during a period of 90 calendar days following the date in which the injury or illness caused the period of temporary and/or partial disability and necessitated the employee’s absence from work. An employee receiving paid industrial injury or illness leave shall assign to the City all workers’ compensation insurance proceeds received by the employee for all of the time in which the employee also received paid leave from the City. Article 12. Disability Leave 12.1 Application for Benefits—An employee who is non-industrially disabled from performing the full scope of the usual and customary duties of the classification as the result of an injury or illness and has utilized all accrued sick leave and paid leave for which the employee is eligible, may file an application for short-term and/or long-term disability benefits in accordance with the requirements of the City’s Short-term and Long-term Disability insurance policy. The elimination period for the long-term disability plan is 20- calendar days. Employees will not be required to utilize sick leave in excess of this elimination period in order to qualify for disability payment. 12.2 Insurance Premium Payment—The City will continue to pay insurance premiums on behalf of a disabled employee and dependents, pursuant to the provisions for such payments otherwise provided in this agreement until the actual date of separation from city employment of the employee. 12.3 Separation from City Service—The City will not separate an employee until he/she has been qualified for Long-term Disability benefits for a period of at least 90 days, except in those instances where the City and the employee agree to an earlier separation. 12.4 Light-duty Program—The purpose of this light-duty program is to minimize the loss of productive time, while at the same time reintroduce the employee to work to prevent deterioration of skills, facilitate recovery, and reduce income loss. Light-duty assignments will be structured so that an employee is not placed in a duty status that would aggravate or cause a reoccurrence of injury or illness. Light-duty assignments will not be made unless the employee receives medical clearance from the treating physician to return for light duty. This program shall be coordinated with applicable workers compensation benefits so that benefits are provided at the level not less than those mandated by state law. 12.4.1 Coverage—This light-duty program will cover any employee who suffers a temporary and partial disability due to an industrial or non-industrial injury or illness. 12.4.2 Determination/Required Reports— City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 15 12.4.2.1 Assignments—Light-duty assignments may be made following evaluation and determination by the department head. The determination will be based on available medical information, and consultation with the employee or the affected supervisor. Determinations will also be based on the needs of the City and the impact of light duty on departmental operations. The evaluation and determination of light-duty assignments will be based on the employee’s medical restrictions and upon agreement of the department head, the employee, and the affected supervisor. 12.4.2.2 Medical Updates—Updated medical reports shall be submitted to the department head at two week intervals, or at other agreed upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non-industrial injuries or illnesses regardless of whether a light-duty assignment has been made. Reports will be evaluated by the department head for purposes of continuing or terminating a current light- duty assignment or to determine when to commence a light-duty assignment. 12.4.3 Light-duty Assignment, Definitions, and Restrictions—Light-duty assignments shall only be provided to employees with temporary disabilities where it has been medically determined that the employee will be able to return to the essential functions of his/her current job with or without accommodation. In no event will light duty assignments extend beyond reaching Maximum Medical Improvement, and under no circumstances shall the light-duty assignment be considered to be a permanent alternative position for purposes of reasonable accommodation under the American with Disabilities Act. Light-duty assignments: • May consist of reduced work hours, limited work, or any combination thereof. • Will not adversely affect the employee’s normal wage rate. • Will be within the employee’s assigned department; or if no regular work is available, the employee may be assigned work outside of the department consistent with skill and ability. • When feasible will be during the employee’s normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee can be assigned light duty during the normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday • Will be developed based for specific light-duty assignments on a case-by-case review of the medical restrictions, so as not to aggravate an injury or illness. 12.4.4 Holidays/Vacations During Light-duty Assignments— 12.4.4.1 Holidays Observed—Holidays during light-duty assignments shall be observed in accordance this agreement. 12.4.4.2 Vacations—Employees assigned to light duty shall take their vacation as normally scheduled. Vacations shall cover the same number of workdays and calendar days as would have been if the employee had remained on full duty. Employees may reschedule their vacation with the approval of the City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 16 July 1, 2017 through June 30, 2020 department head, provided the rescheduling does not result in increased costs or lost time to the City for relief staff to cover the rescheduled vacation. 12.4.5 Return to Full Duty—Employees will be returned to full duty as soon as possible following medical certification that the employee is able to resume the full duties of the classification with or without reasonable accommodation. Article 13. Other Leaves 13.1 Military Leave—Military leave shall be granted in accordance with the provisions of applicable state and federal law. 13.2 Jury Duty—Employees must notify their supervisors when called to jury duty. All time at jury duty will be applied toward the employee’s regular workday. The employee must submit record of hours at jury duty. Given the many different schedules employees work, modification of work hours for such jury duty will be left to the discretion of the department head or designee, and may be appealed to the Director of Human Resources. 13.3 Pregnancy-related Disability and Bonding Leave—Shall be granted in accordance with the provisions of applicable state and federal law. 13.3.1 Pregnancy-related Disability—Employees may be granted leave up to the maximum period of time permitted by law for disabilities caused or contributed to by pregnancy, childbirth, or related medical conditions for reason of the birth of a child or the placement of a child with an employee in connection with adoption. 13.3.2 Bonding—An employee who is no longer disabled from performing work due to pregnancy, childbirth, or related medical conditions for reason of the birth of a child and is medically released to return to work, shall be allowed to use accumulated vacation, and/or an unpaid leave of absence upon the written request of the employee. 13.3.3 Leave Usage—The employee must first use all eligible accumulated paid leave before being granted unpaid leave. 13.4 Unpaid Leave of Absence—The City may grant an employee in a permanent position a leave of absence without pay not to exceed 1 year. A request for the leave and the reason therefore shall be submitted in writing and must be approved by the department head and the City Manager. 13.5 Reinstatement Upon Return From Leave—Upon expiration of the approved leave, the employee shall be reinstated to the former classification without loss of service credits or benefits (subject to the terms of the contracts with the benefit providers) accrued prior to said leave. However, during the period of the leave, the employee shall not accumulate service credits, nor shall the City continue contributions toward group insurance or the retirement plan. City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 17 Article 14. Recreational Facilities and Classes Employees shall be entitled to free admission to City recreation facilities and to free enrollment in up to 5 recreational classes during a 12-month period (lab fees or ingredient fees not included). Employees using City recreation facilities and enrolled in City recreational classes shall engage in such activities on the employee’s non-work time. Employee admission to recreation facilities and recreation classes shall be accomplished in conformance with the rules and regulations established by the Parks and Recreation Department. Article 15. Notary Public Certification 15.1 Certification Requirements for Employees Hired Prior to 7/1/00—Those Confidential Unit members employed in a unit-covered classification as of 6/30/00 may choose not to obtain notary public certification. 15.2 Certification Requirements for Employees Employee Hired After 6/30/00—Those Confidential Unit members employed in a unit-covered classification after 6/30/00 may be required to obtain notary public certification, as determined by their department head or the Director of Human Resources. Article 16. Discipline The City shall take disciplinary action against a Confidential employee following the procedures set forth in the City of South San Francisco Personnel Rules and Regulations. Article 17. Grievance Procedure Confidential employees are eligible to invoke the Grievance Procedures as noted in the City of South San Francisco Personnel Rules and Regulations. Article 18. Meeting Prior to making any revisions to this Memorandum of Understanding, the City will meet with members of the Confidential Employees’ Unit. The City agrees to grant a maximum of three members of this bargaining unit’s negotiating team one hour release time prior to the negotiation meeting with the City and one hour after the meeting for the purpose of discussing negotiations. City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 18 July 1, 2017 through June 30, 2020 Article 19. Administration of Memorandum of Understanding 19.1 Full and Entire Agreement—This Confidential Employees Memorandum of Understanding sets forth the compensation program for members of the Unit and any prior or existing understanding or agreements regarding these matters, whether formal or informal, are hereby superseded or terminated in their entirety. In the event that the provisions of this Memorandum of Understanding are found to be in conflict with a City rule, regulation, or resolution, the provisions of this agreement shall prevail over such conflicting rule, regulation, or resolution. 19.2 Administration of Program—The City Manager may establish such policies, rules, and regulations as are deemed appropriate to the effective administration of the Program. Members of the Confidential Employees Unit shall comply with all such policies, rules, and regulations as may be established by the City Manager. The City Manager shall be empowered to grant or to impose administrative leave without loss of pay or benefits for members of the Confidential Employees Unit for any purpose deemed by the City Manager to be appropriate to circumstances. City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 19 Article 20. Signatures Signed on this date: _________________________. For the Union: For the City: Mark Leach, Chief Negotiator Donna Williamson, Chief Negotiator Michelle Clary Leah Lockhart, Human Resources Director Anita Palafox Mike Futrell, City Manager Jennifer Rosas City of South San Francisco Confidential Unit, Teamsters Local 856 Memorandum of Understanding Page 20 July 1, 2017 through June 30, 2020 Appendix A Confidential Unit, Teamsters Local 856 Classifications Confidential Employees Defined-The Confidential Employees Unit shall consist of all full-time employees employed in the positions, which are included in the non-exempt service of the City of South San Francisco, as well as such classifications as may be added to this Group by the City. Those classifications in the Confidential Unit are the following: Administrative Assistant I Administrative Assistant II City Clerk Records Technician Computer Services Technician Data Business Systems Specialist Deputy City Clerk Executive Assistant to the City Manager Human Resources Technician Senior Administrative Assistant Senior Computer Services Technician City of South San Francisco Confidential Employees’ Unit, Teamsters, Local 856 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 21 Appendix B Salary Survey Methodology The salary survey methodology when used for determining compensation for the Confidential Employees’ unit shall be as follows: (a) Data regarding total compensation (i.e., base salary plus employer-paid benefits) will be collected from the ten survey cities. (b) Data regarding the cities’ total compensation will be ranked, from highest to lowest total compensation. (c) The cities with the highest and lowest total compensation as well as the City’s own data, will be discarded before computing the average total compensation. (d) The remaining cities’ total compensation will be calculated at the 60th percentile. (e) The 60th percentile of total compensation will then be compared to the City’s total compensation to get the percent difference in the City’s total compensation compared to the remaining cities. (f) The percent difference will then be used to adjust the City’s compensation, unless the current City compensation is higher, in which case no change to the total compensation will be made. (g) The City will set the Confidential Unit employees’ total compensation package at the 60th percentile of the marketplace based on this computation. EXHIBIT C Published by Human Resources Department City of South San Francisco Street Address: Mailing Address: First Floor City Hall 400 Grand Avenue P. O. Box 711 South San Francisco CA 94080 South San Francisco CA 94083 Web Site 650/877-8522 Tel www.ssf.net 650/829-6698 Fax EXHIBIT D The City of South San Francisco Memorandum of Understanding Between the International Union of Operating Engineers, Local 39 and the City of South San Francisco July 1, 2021 through June 30, 2022 EXHIBIT D City of South San Francisco International Union of Operating Engineers, Local 39 Amended Memorandum of Understanding Table of Contents July 1, 2021 through June 30, 2022 An updated table of contents shall be inserted here prior to execution of the agreement. EXHIBIT D Memorandum of Understanding Between the City of South San Francisco and the International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO Preamble This Memorandum of Understanding is entered into by the City of South San Francisco, hereafter designated as “City” and the International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO, hereafter designated as “Union” as a mutual agreement for those wages, hours, and conditions of employment in effect during the period of July 1, 2021 through June 30, 2022. Article 1. Recognition International Union of Operating Engineers, Stationary Engineers Local 39, AFL-CIO is recognized as the majority representative, as provided in City’s Resolution 135-79 adopted 12/4/79, for all full-time regular employees in the classifications assigned to Unit D as identified in Appendix A of this Agreement. Article 2. Union Dues and Membership 2.1 Membership—The parties to this Memorandum of Understanding mutually understand and agree that each employee represented by the bargaining unit has the right to join or not join the Union. If a bargaining unit member elects to join the Union, the employee shall provide authorization to the Union for membership dues. 2.2 Dues — 2.2.1 Payroll Deductions—The City shall withhold Union dues and/or initiation fees from the salary of an employee and remit withholdings to the Union, provided that the Union certifies in writing to the City that the Union has and will maintain each employee’s voluntary authorization for such deductions. 2.2.2 Deductions During Absences—When an employee is in an unpaid status for full pay period, no dues withholding will be made for that period. If an employee is in an unpaid status for only part of a pay period, dues shall be withheld unless the employee’s net pay after all legal and required deductions City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 2 (including taxes, pension, and insurance contributions) is not sufficient to cover the full dues amount. 2.2.3 Invalidated Dues—If this article is held to be invalid under state or federal law, then all of this article shall be null and void and subject to re-negotiation. The Severability article in this Agreement shall govern all other provisions of this article. 2.2.4 Hold Harmless—The Union agrees to indemnify and hold harmless the City and all officials, employees, and agents acting on its behalf, from any and all claims, actions, damages, costs of expenses including all attorney fees and costs of the defense in actions against the City, its officials, employees, or agents arising out of the City’s compliance with this article. 2.2.5 Deduction Forms—Sign-up forms for union dues shall be provided by the Union. 2.3 Notification of New Employees—The City shall notify the Union of the name, classification, and date of hire of each new employee covered by this memorandum. The City agrees to make a good faith effort to advise the Union within 10 business days of a new hire. In accordance with State law, the City shall provide an electronic list of new employees to the Union no later than 30 calendar days from the date of hire containing the following employee information: • Full name • job title • department • work location • work, home, and personal cellular telephone numbers (if available) • personal email addresses (if available) • home and/or mailing addresses Employee work location, home and mailing addresses, personal phone numbers, and personal email addresses provided by the City shall be maintained as confidential by the Union. The Union shall take all reasonable steps to ensure the security of personal information, and shall not disclose or otherwise make them available to any outside person, entity or organization. 2.4 New Hire Orientation— The City shall notify new employees represented by Local 39 that Local 39 is the recognized employee organization for the employee's classification. Within thirty (30) days of hire into the Local 39 bargaining unit, the Union shall have the opportunity to make a 30-minute presentation to each new employee. The City shall notify the Union of a new hire at the earliest opportunity but no later than ten (10) calendar days in advance of the employee's new hire orientation. In cases where there is an urgent, unforeseeable need to schedule a new hire orientation less than ten (10) calendar days in advance, the City shall notify the Union within one business day. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 3 2.4.1 Release time for New Hire Orientation - The City shall provide thirty (30) minutes of City-paid release time for a Union Steward selected by the Union to make a presentation on the Union's behalf to a new employee. Release time must be requested at least five (5) calendar days in advance, and only one Steward per new hire shall receive release time for this purpose. 2.5 Communication with Employees—The Union shall be provided reasonable space on bulletin boards at each work site for posting notices concerning official union business. All such notices must receive prior approval from the department or division head before posting. 2.6 Advance Notice—Except as provided below, the Union shall be given reasonable advance written notice, if affected, of any ordinance, resolution, rule, or regulation proposed to be adopted by the City directly relating to matters within the scope of representation. The Union shall be given the opportunity to meet and consult with appropriate management representatives prior to the adoption. Proper advance notice shall consist of written notice to the designated business agent. If public safety, public welfare, or an emergency arises that requires any of the above actions to be taken by the City without notice to the Union, the City may take the action while concurrently giving notice that affords the Union a reasonable time in which to meet with management representatives. 2.7 Copies of Memorandum of Understanding—The City shall post the Agreement on the City’s web site. Article 3. Management Rights To ensure that the City is able to carry out its constitutional and statutory functions and responsibilities, nothing contained herein shall be construed to require the City to meet and confer on matters that are solely a function of management. This is including but not limited to the right to direct the work force; to select and determine the number and types of employees required; to determine the content of job classifications; to hire, transfer, promote, suspend, discipline, and discharge employees; to assign work to employees in accordance with the requirements determined by the City; to establish and change work schedules and assignments; to layoff employees for lack of work; to expand or diminish services; to subcontract any work or operations; to determine and change methods of operations; to determine and change work locations, the processes, and the materials to be employed; and to take all necessary actions to perform its functions in emergencies. Article 4. No Discrimination There shall be no discrimination because of legitimate union activities as defined by Meyers- Milias-Brown Act, against any employee by the Union, by the City, or by anyone employed by the City City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 4 Article 5. Union Stewards and Official Representatives 5.1. Union Stewards—The Union shall be entitled to a reasonable number of stewards who shall restrict their activities to the processing of grievances and shall be allowed a reasonable amount of time for this purpose. The Union shall notify the Personnel officer in writing of the names of the stewards. 5.2. Permission to Leave Workstations—Stewards shall obtain permission from their supervisor before leaving their workstations to assist a grievant and shall report back to their supervisor before returning to their workstations. This provision shall not be used to prevent the Stewards from performing their duties or obligations set forth in this article, provided however, that the use of time for this purpose shall be reasonable and shall not interfere with the requirements of the City’s services, as determined by the City. 5.3. Abuse of this Article—In the event the City determines that Stewards are abusing the provisions of this article, the Union agrees to meet with the City, immediately, to investigate the City’s complaint and to ensure full compliance by Stewards with the provisions of this subsection. 5.4. Representation for Disciplinary Action—Whenever an employee is required to meet with a supervisor or management official and the employee reasonably anticipates that such meeting will involve questioning leading to disciplinary action, the employee shall be entitled to have a steward and/or Union representative present upon request. In the event the employee desires the presence of a Union representative, the City will contact the representative and arrange a mutually acceptable time and day to hold the meeting. Except in instances where immediate disciplinary action is necessary, once scheduled, the City shall consider reasonable requests to move the meeting date forward by up to 5-working days for the convenience of the Union representative. 5.5. Union Representatives—The Union shall provide the City with a written list of not more than 2 individuals who are their authorized representatives and any changes thereto. An authorized representative of the Union shall be allowed to visit the work location for the purpose of ascertaining whether this Agreement is being observed. This right shall be exercised reasonably. An authorized representative of the Union shall report to the department and/or division head before proceeding to the work location. The representative shall not interfere with the normal conduct of work. Activities, such as the soliciting membership, collecting dues, holding membership meetings, campaigning for office, conducting elections, and distributing literature are strictly prohibited during working hours without prior approval of the appointing authority. 5.6. Access to Personnel Files—An employee or, on presentation of written authorization from the employee, the employee’s representative, shall have access to the employee’s personnel file upon request, in accordance with applicable law. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 5 Article 6. Salaries and Other Compensation 6.1 Definitions— 6.1.1 Base Pay—Base pay is the rate of compensation paid for a specified classification of employment, excluding any other payments. 6.1.2 Enhanced Pay—Enhanced pay is the rate of compensation that includes base pay and incentive pay such as longevity, education, and special assignment pay. Enhanced pay does not include acting pay or other temporary assignment pay. Each incentive pay will be computed on base pay. The sum of the base pay plus each incentive is the enhanced rate of pay. 6.1.3 Wage Rates—All members of the bargaining unit shall receive across-the-board base pay adjustments in the amounts and with the effective dates as follows: • Effective the first full pay period in July, 2021, or the first full pay period following the adoption of the MOU by Council, whichever is later: Three percent (3.0%). There will be no retroactive across-the-board base pay adjustments. 6.2 Apprentice Wage Rates— Apprentice Plant Operators and Apprentice Plant Mechanics shall be paid no less than the following percentages of the top step (Step 5) of the current journey level (Plant Operator II or Plant Mechanic 11) base rate of pay. 1st 12-month period..... 65% 6th 6-month period. .. . 85% 3rd 6-month period....... 70% 7th 6-month period... . 90% 4th 6-month period....... 75% 8th 6-month period.... 95% 5th 6-month period....... 80% 9th 6-month period.... Thereafter, at Step 5 of the Plant Operator II or Plant Mechanic II base rate of pay depending upon whether the Apprentice has turned out as a Plant Operator or Plant Mechanic. 6.3 Premium Pay for Grade Certification—Employees who possess valid certificates shall be compensated at higher rates pursuant to Appendix B. These Certification Premiums are effective upon adoption of this contract extension by all parties. 6.4 Longevity Pay Plan for Employees Hired Prior to July 1, 2012—Permanent full-time employees hired prior to July 1, 2012 shall be eligible for longevity pay in accordance with the following schedule: 6.6.1 Fifteen Years of Service—After 15-full years of regular service, 1.5% will be added to the employee’s base rate of pay. 6.6.2 Twenty Years of Service—After 20-full years of regular service, in addition to above, another 1.0% will be added to the employee’s base rate of pay. Longevity pay is not available for employees hired on or after July 1, 2012. 6.7 Shift Differential—Employees assigned to work the night shift (6:00 p.m. to 6:00 a.m.) shall receive an additional 6% of base pay for all hours worked during these periods. Shift differential compensation is not paid to employees during approved leaves (i.e., sick, vacation, injury, paid family care, family medical leave, etc.). City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 6 6.8 Like-Work for Like-Pay (Temporary Upgrading)—An employee assigned by the City to the duties of a first-line supervisor or above shall be paid the salary of the position commencing with the first day of the assignment. First-line supervisory employees and above, assigned to higher classification duties shall not be paid the salary of the higher classification unless the employee serves in that capacity for 30-consecutive calendar days or more. If this occurs, the employee shall receive the pay of the higher classification commencing with the first day of the 30-day service in the higher classification. 6.9 Temporary Assignment to Higher-level Classification—Except for first-line supervisory classifications and above that are governed by the provisions of Like Work for Like Pay as outlined above, an employee who is assigned and performs the duties of a higher classification for a period of 3 or more hours, shall receive additional compensation for each hour so assigned at the rate of pay for which the employee would qualify had the employee been promoted to the higher-level classification. 6.10 Salary Plan Administration and Advancement Within Salary Rates—Employees appointed at the first step of the salary range shall be eligible for advancement to the second step of the specific salary range 6 months after original appointment, provided that the employee’s performance merits the increase. Advancement to the remaining steps may be made after 1 year of satisfactory service at each successive salary step, provided that the employee’s performance merits the increase. 6.11 Revisions to the Salary Schedule—Changes in an employee’s salary because of promotion or demotion may set a revised salary date for that employee. Whenever the salary schedule for a classification is revised, each incumbent in a position to which the revised schedule applies, shall be paid at the same step in the revised rates as the step at which the employee was paid in the previous rate. 6.11.1 Salary Plan Administration and Salary Step After Promotion—When employees are promoted, they shall receive not less than the equivalent of a one-step, 5% salary increase. 6.11.2 Salary Plan Administration and Salary Step After Demotion—When an employee has a voluntary or involuntary demotion, the employee’s compensation shall be adjusted to the salary for the classification to which the employee is demoted. Unless otherwise provided, the appointing authority shall determine the specific rate of pay. However, an employee demoted as a result of an abolished position shall be placed at the step in the lower classification that most closely approximates, but does not exceed, the employee’s salary in the higher classification. If an employee takes a voluntary demotion to a classification previously held from a classification within the same series, the employee shall be placed at a step commensurate with length of service in both classifications. If the classifications are not within the same series, the employee shall be placed at the same step in the lower classification the employee last held. The service time at such step shall be the same as the service time held previously at such step. 6.12 Salary Plan and Pay periods—Employees shall be paid biweekly, unless mutually agreed to by the City and the Union. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 7 6.13 Certification Reimbursement— 6.13.1 Mandatory Certification—The City will reimburse employees for all fees associated with the successful completion of any certifications that are required as a condition of employment. 6.13.2 Voluntary Certification—The City will reimburse employees for all reasonable fees associated with the maintenance of elective professional certifications deemed to be pertinent to the employee’s classification by plant management. 6.14 Contracting Work—At such times that the regular workload may preclude the use of existing staff to undertake special or emergency maintenance projects, Management will provide notice to the Union and an opportunity to meet and confer prior to the contracting out of Unit work. Plant employees have been and will continue to be offered overtime opportunities as they arise. Management is responsible for monitoring the backlog of work to ensure that staff resources are not overburdened. 6.15 Committee Review—Provide for a small labor management committee to review compensation agencies and comparison data each year prior to survey being conducted. 6.16 Uniforms—. Except for employees who are New Members as defined by PEPRA, the monetary value for the purchase of uniforms and maintenance through the City-contracted uniform company is reportable to CalPERS as special compensation. This excludes items that are for personal health and safety such as protective garments and safety shoes. 6.17 Bilingual Incentive Pay –– 6.17.1 Classifications Eligible for Bilingual Incentive Pay –––Positions eligible for bilingual incentive pay must be those that have regular contact with the public. Those classifications that are eligible for bilingual incentive pay are identified below and include any title changes that may occur during the life of this agreement. • Environmental Compliance Inspector 6.17.2 Current Languages in Effect–To be eligible to participate in this program, employee’s must speak a second language used by a significant proportion of the South San Francisco population. For the duration of this agreement, the following languages shall qualify for an employee to receive the Bilingual Incentive Pay under this section. • Spanish • Tagalog • Mandarin • Cantonese • American Sign Language 6.17.3 Testing and Compensation–– An employee who has tested, using the City’s standard bilingual testing procedures and demonstrating to the department head’s satisfaction, proficiency in speaking a second language, shall be compensated at a rate 2.5% higher than the employee’s base hourly rate of pay. Such compensation shall commence the next pay period after the employee has passed a qualifying examination, as determined by the City, demonstrating proficiency in the language. 6.17.4 Translating– Employees who have met the criteria and are compensated for bilingual incentive pay must use those skills whenever the need arises. Employees may be City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 8 asked to assist an individual who is doing business with the City at worksites other than their primary work location. Article 7. Health and Welfare Plans All full-time regular employees shall be eligible to receive insurance benefits, subject to the terms and conditions of the City’s contracts with health insurance providers, as follows: 7.1 Medical Insurance— 7.1.1 Available Plans—Eligible employees shall be permitted to select medical insurance coverage for themselves and their eligible dependents from one of the available medical plans the City has with the carriers, subject to the terms and conditions of the City’s contract with the providers: • Kaiser Permanente • Blue Shield of California. 7.1.2 Employee HMO Medical Premium Cost Share—All employees on the City’s medical plans shall contribute an amount equal to 10% of the HMO premium cost based on plan choice and category of coverage (single, two, family). 7.1.3 Non-HMO Medical Plan Premium Cost—In addition, employees who opt for a more expensive plan than the HMO plans pay the difference between the HMO rate and the premium rate for their selected plan based on provider and coverage size (single, two, family). 7.1.4 Effective Date of Coverage—The effective date of medical insurance shall be the first of the month following the date of hire, provided the employee properly submits a completed enrollment form within 31 days of the eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City, and dependent coverage shall terminate on the date prescribed by each medical insurance provider’s contract. 7.2 Dental Insurance— 7.2.1 Core Dental Plan—Eligible employees and their dependents shall be provided dental insurance, subject to the terms and conditions of the City’s contract with the provider. 7.2.2 Calendar Year Maximum—The maximum annual benefit is $1,500. 7.2.3 Orthodontia—The lifetime orthodontia coverage is $1,000 for eligible dependents. 7.2.4 Payment of Premium Costs—The City shall pay the premium costs for eligible employees and their dependents to the insurance provider for the basic plan per 7.2.2 and 7.2.3. 7.2.5 Effective Date of Coverage—Coverage is effective on the first day of the month following completion of 6-full-months of employment with the City, provided the employee properly submits a completed enrollment form within 31 days of the City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 9 eligibility date. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City, and dependent coverage shall terminate on the date prescribed by the provider’s contract. 7.2.6 Buy-Up Dental Plan—Subject to the terms and conditions of the City’s contract with the provider, employees may participate in an enhanced dental plan by paying the additional coverage costs over the core dental plan. 7.3 Vision Insurance— 7.3.1 Available Plan—Eligible employees and their dependents shall be provided vision insurance with tints coverage, subject to the terms and conditions of the City’s contract with the provider. 7.3.2 Payment of Premium Costs—The City shall pay the premium costs for eligible employees and their dependents to the insurance provider. 7.3.3 Effective Date of Coverage—Coverage is effective on the first day of the month following date of hire. Coverage shall terminate at 12:00 midnight on the last day of the month in which the employee is on paid status prior to separation from employment with the City. 7.4 Discretionary Benefit Option— An employee may elect to receive $550 per month in deferred compensation monies in lieu of medical, dental, and vision benefits through the City. If an employee exceeds the deferred compensation annual maximum contribution limit, any remaining City contributions will be made to the employee’s Medical After Retirement Account (MARA). 7.4.1 Proof of Alternate Insurance—The employee must provide proof of alternate medical insurance and will be held responsible for maintaining own medical insurance benefits through the alternate source. 7.4.2 Exercising the Option—Employees wishing to exercise this option may do so by submitting a completed Discretionary Benefit Option form to the Human Resources Department. Employees may change the discretionary benefit option once each year during the open enrollment period for medical plans, or at another time during the year provided the employee has a qualifying event and submits requisite paperwork within 30 days of the qualifying event. 7.5 Life Insurance and Accidental Death and Dismemberment Insurance— 7.5.1 Term Life Value—Subject to the terms and conditions of the City’s contract with the provider, the Term Life Insurance for employees has a face value of $50,000. 7.5.2 AD&D Value—Subject to the terms and conditions of the City’s contract with the provider, Accidental Death and Dismemberment Insurance available for employees has a face value of $50,000. 7.5.3 Payment of Premium Costs—The City shall pay the premium costs for eligible employees to the insurance provider. 7.5.4 Effective Date of Coverage—Coverage is effective on the first day of the month following date of hire. Coverage shall terminate on the date the employee ceases to be an employee of the City. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 10 7.5.5 Supplemental Life Insurance—Subject to the terms and conditions of the City’s contract with the provider, employees may purchase supplemental life insurance at their own cost through the City’s life insurance plan. 7.6 Disability Insurance Program—Subject to the terms and conditions of the City’s contract with the provider, full-time employees shall be provided Short-term Disability (STD) and Long-term Disability (LTD) insurance. If an eligible and covered employee becomes disabled while insured, the provider will pay benefits according to the terms of the group policy after receipt of satisfactory proof of loss. 7.6.1 Short-term Disability—After a 20-day waiting period, an eligible employee may receive 66-2/3% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount, until LTD benefits begins. 7.6.2 Long-term Disability—After a 90-day waiting period, an eligible employee may receive 66-2/3% of pre-disability earnings, reduced by any deductible income as determined by the insurance carrier, up to a maximum monthly amount. 7.6.3 Payment of Premium Costs—The City shall pay the premium costs for medical, dental, vision, and life insurance for eligible employees to the insurance providers. 7.6.4 Effective Date of Coverage—Coverage is effective the first day of the calendar month following the date of hire. Coverage ends on the date employment terminates. 7.7 Education Expense Reimbursement Program—All employees are eligible to participate in this program. With approval by the department head, an employee who takes a course at an accredited educational institution shall be eligible to receive reimbursement of 50%, for the costs of tuition, fees, and course materials, not to exceed $2,000 per fiscal year. 7.7.1 Continuing Education Expenses—The City will provide such training and continued education as is necessary to meet the certification renewal requirements for all job-related employee certifications. Such expenses shall be paid by the City or reimbursed to the employee, who has provided appropriate acceptable documentation. 7.8 Section 125 Plan—Based on the terms and conditions of the City’s plan, each employee may participate in the IRS-defined section 125 plan. 7.8.1 Group Insurance Premium Plan: This program allows employees to pay their portion of insurance premiums with pre-tax dollars. 7.8.2 Health Care Reimbursement—This program is available for out-of-pocket unreimbursed health care expenses as allowed under the Plan. The current annual plan maximum is $2,500. 7.8.3 Dependent Care Reimbursement—This program is available for out-of-pocket unreimbursed dependent care expenses as allowed under the Plan. The current annual plan maximum is $5,000. 7.9 Section 457 Deferred Compensation Plan—Employees are eligible, subject to the terms and conditions thereof, to participate in the Deferred Compensation Plans available to City employees. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 11 7.10 Deceased Employee/Retiree Benefits—The City will allow the spouse of a deceased employee/retiree and existing covered dependents to continue to purchase health insurance from a City-provided medical, dental, or vision plan at the City’s premium rate, provided: ▪ There is no cost to the City. ▪ The health provider does not require a City contribution. ▪ The City is held harmless if the coverage is discontinued. 7.11 Retired Employee Benefits—. 7.11.1 Group Medical Insurance for Qualifying Retirees—An employee who was hired prior to the adoption of an alternate retiree medical plan by all City bargaining units similar to the plan described in Section 7.11.2 may elect to continue his or her City sponsored medical insurance if the employee is enrolled in the City's group medical plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The monthly premium that the City will make for retiree medical insurance pursuant to this provision equals the monthly monetary contribution that the City makes for single retiree medical HMO coverage. Retirees will be required to pay any additional costs in order to receive retiree medical benefits. An eligible retiree may also elect to continue dependent coverage provided that the retiree bears the full premium costs for any eligible dependents. Former part-time employees eligible for this benefit will receive a pro-rated retiree medical contribution based on the average budgeted hours of their former position during their final two years of City service. A retiree must continually receive a CalPERS retirement allowance in order to remain eligible to receive retiree medical insurance contributions. Any retiree that unretires from CalPERS and returns to active service with a CalPERS covered agency will permanently forfeit their eligibility for retiree medical benefits pursuant to this provision. 7.11.2 Alternate Retiree Medical Plan (“GASB Language”)—An employee who was hired after the adoption of an alternate retiree medical plan by all City bargaining units will not be eligible to participate in the Retiree Medical Insurance program described in 7.11.1. Instead, the City will contribute one and one-half percent (1.5%) of such an employee’s base salary toward a Medical after Retirement Savings Account (e.g. VEBA or similar City-sponsored plan). 7.11.3 Group Dental Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored dental insurance if the employee is enrolled in the City's group dental plan and retires concurrently with CalPERS and the City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing dental coverage. 7.11.4 Group Vision Insurance for Qualifying Retirees—An employee may elect to continue his or her City sponsored vision insurance if the employee is enrolled in the City's group vision plan and retires concurrently with CalPERS and the City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 12 City. In order to be eligible for this benefit, the employee must have five years of continuous City employment at the time of his or her retirement. The retiree bears the full premium costs for himself/herself and any eligible dependents and will be completely responsible for these payments and for continuing vision coverage. 7.12 Retirement Plans—. The benefit contract in effect between the City and the Public Employees' Retirement System (PERS) on behalf of eligible employees of this Unit shall be continued during the term of this Agreement. Retirement benefits shall be those established for miscellaneous employees by the Federal Social Security Act providing Old Age and Survivor's Insurance and PERS Miscellaneous Employees as follows: • Classic Employees: o Classic Tier 1 (generally, employees hired on or before April 24, 2010) – 2.7% at 55 Plan with one-year final compensation. o Classic Tier 2 (generally, employees hired after April 24, 2010 and before January 1, 2013) – 2% at age 60 with three-year final compensation. • New Employees: o PEPRA New Members as defined by CalPERS (generally, CalPERS membership date of January 1, 2013 or later) – 2% at Age 62 Plan with three-year final compensation 7.12.1 Employee Contributions to Retirement System— The rate prescribed by PERS for employee contributions shall be deducted from the pay by the City and forwarded to PERS in accordance with the rules and regulations governing such employee contributions. This amount is 8% of base salary for Miscellaneous Employees as prescribed by PERS for employees with 2.7% at age 55 retirement benefit, 7% of salary for Miscellaneous employees with 2% at age 60 retirement benefit, and 50% of the actuarial determined normal cost for employees at 2% at Age 62 retirement benefit. The remainder of any rate, which may be subsequently prescribed by PERS for employee contributions, shall be deducted from employees' pay by the City and forwarded to PERS in accordance with the rules and regulations governing such contributions. 7.12.2 Sick Leave Service Credit—Sick Leave accrued but not used and not paid based on the terms of this Agreement at the time of an employee’s concurrent retirement from City service and PERS shall BE reported to PERS for the sick leave service credit provision. 7.12.3 Optional Provisions Added—An employee who has served in the military may be eligible for Military Service Credit, as authorized by applicable law. 7.13 Retirement Health Savings (RHS) Plan—Operating Engineers Local 39 member employees may participate in the RHS Plan to the extent permitted under the existing RHS Plan policy. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 13 Article 8. Hours of Work and Overtime 8.1 Definitions— 8.1.1 Continuous Operations—Positions that work continuous operation is defined as positions that must be staffed 24-hours per day, 7 days per week, 52 weeks per year (24/7). 8.1.2 Non-continuous Operations—Positions that work on a non-continuous basis is defined as any position that does not require staffing 24-hours per day. 8.2 Workday— 8.2.1 Eight-hour Schedule—Eight (8) consecutive hours of work shall constitute a regular work shift for those non-continuous operations staff except that it may be interrupted by a 30 minute paid lunch break. All employees shall be scheduled to work on a regular work shift, and each work shift shall have regular starting and quitting times. 8.2.2 Nine-hour Schedule—Nine (9)-consecutive hours of work shall constitute a regular work shift for those non-continuous operations staff except that it may be interrupted by a 30 minute paid lunch break. All employees shall be scheduled to work on a regular work shift, and each work shift shall have regular starting and quitting times. 8.2.3 Paid Lunch Break for Eight- and Nine-hour Schedule—The 30-minute paid lunch break must be taken at a location where the staff must be immediately available for a response and the employee must be on call for any questions or tasks required during the lunch period. 8.2.3.1 Unscheduled Overtime as a result of Paid Lunch Break—If the amount of unscheduled overtime hours incurred by bargaining unit members results in the need for overtime by 5 percent or more, management has the right to examine the cause and make changes or eliminate paid lunches. 8.2.4 Twelve-hour Schedule—Twelve consecutive hours of work shall constitute a regular work shift for those continuous operations staff except that it may be interrupted by a paid lunch break. All employees shall be scheduled to work on a regular work shift, and each work shift shall have regular starting and quitting times. 8.3 Rest Periods—Employees shall be entitled to one 15-minute rest break during each 4 hours of an assigned shift. Such rest breaks shall not be accumulative and shall be taken at a time when the work schedule permits. 8.4 FLSA Work Periods—The work period under the Federal Labor Standards Act (FLSA) is a period of 7 consecutive 24-hour periods. The City has established the beginning of the work period as follows. Nothing in this provision is intended to affect the right of any employee to overtime pursuant to the terms of this MOU. 8.4.1 Standard FLSA Work Period—The standard FLSA work period begins at 12:01 am Friday and ends at 12:00 midnight the following Thursday. 8.4.2 Continuous Operations FLSA Work Period— City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 14 8.4.2.1 Day Shift Operations—The FLSA Work Period for day shift operators assigned to Continuous Operations begins at 10:00 am on Saturday and ends at 9:59 am on the following Saturday. 8.4.2.2 Night Shift Operations—The FLSA Work Period for night shift operators assigned to Continuous Operations begins at 10:00 pm on Saturday and ends at 9:59 pm on the following Saturday. 8.5 Workweek Schedules— 8.5.1 Non-continuous Operations Eight-hour Schedule—The workweek shall consist of 5-consecutive 8-hour days for non-continuous operations staff. 8.5.2 Non-continuous Operations 9/80 Schedule—The workweek for employees assigned to work the 9/80 plan shall consist of eight 9-hour workdays and one 8- hour workday in each 80-hour pay period 8.5.3 Continuous Operations Twelve-hour Schedule—The workweek for plant operators shall consist of 12-hour workdays within an 80-hour per pay period schedule. 8.6 Work Schedule—Work schedules showing the employee’s shifts, workdays, and work hours shall be posted on the employee bulletin boards or are available in an electronic format. 8.7 Changes in Work Hours/Schedules—Except for situations where the City determines an emergency exists, changes in work schedules shall not be made until the employee and union representative have been given reasonable opportunity to discuss said changes with the appropriate management representative. 8.8 Overtime—Authorized work performed by an employee in excess of scheduled workday or workweek shall constitute overtime except as otherwise provided. An employee required to work in excess of scheduled work hours shall be compensated for each overtime hour so worked at the rate of 1.5 times the employee’s enhanced rate of pay. No form of overtime payment shall be made where time worked prior to the beginning of a shift or following completion of a shift is less than 12 minutes in duration. 8.9 Scheduled Overtime—Employees who are scheduled to return to work shall be compensated as overtime hours at 1.5 times the employee’s enhanced rate of pay. Those hours must be worked. 8.10 Compensatory Time—With the supervisor’s approval, employees may receive compensatory time at the rate of 1.5 times of the employee’s enhanced rate of pay for each overtime hour worked, or may accumulate and use compensatory time in accordance with departmental policies. 8.10.1 Maximum Compensatory Time—All compensated time off may be taken in accordance with departmental policies. Accumulated compensatory time cannot exceed 80 hours. Anyone wishing to exercise this option must give a 5-day notice of the desire for compensatory time off and the time off must be taken so as not to interfere with the minimum staffing and continued functioning of the division or operation. 8.10.2 Compensatory Time Accrual—Hours worked that qualify for compensatory time accrue beginning with the first full pay period of each calendar year and end at the City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 15 conclusion of the last pay period of each calendar year. Hours earned in one year cannot be carried forward to the next calendar year. 8.10.3 Payoff of Compensatory Time—During the second pay period of each calendar year, all earned but not used compensatory time shall be paid to the employee at the employee’s enhanced rate of pay. 8.11 Call-back Compensation—Employees who in the course of their employment are called back to work shall receive overtime pay at the rate of 1.5 times the employee’s enhanced rate of pay for each hour worked based on the conditions below. Workday means the day the employee’s shift begins and call back commences with the time the employee reports to work and concludes when the employee is released from the assigned work or the beginning of the employee’s normal work period, whichever occurs first. 8.11.1 Workday Call-back—An employee shall receive a minimum of 4 hours overtime pay for each call-back that occurs on scheduled workdays. 8.11.2 Non-workday Call-back—An employee shall receive a minimum of 4 hours overtime pay for each call-back that occurs on non-scheduled workdays. Article 9. Holidays 9.1 Observed Holidays—The City observes the following holidays: January 1 .................................................................. New Year’s Day Third Monday in January ......................................... Martin Luther King, Jr. Day Third Monday in February ....................................... President’s Day Last Monday in May ................................................ Memorial Day July 4 ........................................................................ Independence Day First Monday in September ...................................... Labor Day Second Monday in October ..................................... Indigenous Peoples’ Day November 11 ............................................................ Veteran’s Day Fourth Thursday in November ................................. Thanksgiving Day Friday following Fourth Thursday in November ..... Day After Thanksgiving December 25 ............................................................ Christmas Day 9.2 Half-day Holidays—In addition, the City observes the following half-day holidays: December 24 ............................................................ Christmas Eve Day December 31 ............................................................ New Year’s Eve Day 9.3 Discretionary Holiday—Each employee shall be entitled to one 8-hour paid holiday each calendar year, which may be taken at the discretion of the employee. Once accrued, this discretionary holiday will be used before vacation leave. An employee who has not used the discretionary holiday prior to the last day of the last pay period in the calendar year shall forfeit the receipt of compensated time or pay for such holiday that calendar year. 9.4 “E” Time in Lieu of Holiday Pay—When a City-observed holiday falls on a regularly scheduled day off, the employee shall be compensated for 8 hours at the enhanced rate of pay for the full day holiday observed, or the employee may request 8 hours of “E” time in lieu of holiday pay, with the approval of division management, subject to the 36 hour City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 16 compensatory cap provision. “E” time is time off at straight time for the hours earned in lieu of holiday pay. 9.5 Work Performed on a Holiday—Except for employees assigned to continuous operations or as provided above, any regular full-time employee who is required to work on any authorized holiday, in addition to receiving regular pay for such holiday, shall be paid at the overtime rate for all hours worked. 9.6 Holiday Pay for Non-continuous Operations—Regular full-time employees, except for staff assigned to continuous operations, shall be entitled to observe all authorized holidays at full pay, not to exceed 8 hours for any one day, provided they are in paid status on both their regularly scheduled workdays immediately preceding and following the holiday. 9.7 Shift Holiday Pay for Continuous Operations—Employees assigned to continuous operations, who by nature of their assignment are unable to observe City holidays, shall be compensated for authorized holidays through shift holiday pay at the enhanced hourly rate of pay, not to exceed 8 hours, as straight time for the holiday in addition to straight time for the hours worked. 9.8 Absent on Holidays—Staff scheduled to work on a City holiday, but who are unable to do so due to a job-related injury, shall remain eligible for payment in accordance with this provision as long as the employee is not receiving compensation from other sources. An employee unable to work a holiday due to illness or to an injury unrelated to the job and who is on paid leave shall also be compensated for the holiday pursuant to this provision provided that the employee submits to the immediate supervisor a doctor’s certificate verifying the illness or injury. 9.9 Actual Holiday Staffing—In addition to the staff assigned on rotational shifts, 2 workers may be assigned to work at the Treatment Plant on 12/24 (half day), 12/31 (half day) and the Friday following Thanksgiving. These 2 additional employees are to be compensated for the holiday at the enhanced hourly rate of pay as follows: Straight time for the holiday and straight time for the hours worked. A designated City management employee shall make the assignment. The assignment will be made, first by relying on volunteers, but if there are no volunteers, then the assignments are made on a rotational system established by the City. 9.10 Holidays on a Weekend—When any of the aforementioned holidays fall on a Sunday, it shall be observed on the following Monday; any holiday falling on a Saturday shall be observed on the preceding Friday. 9.11 Holiday Start Time—For employees who work a continuous operation schedule, holidays occur on the actual holiday. Employees who begin to work a shift that starts anytime after 12:00 midnight on the actual holiday are considered to be working the holiday. Article 10. Vacation Leave 10.1 Vacation Leave—Regular full time employees shall accrue vacation as follows: Length of Continuous Service Biweekly Accrual Rate 0 through completion of 4th year ........................................ 4.62 hours City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 17 Fifth through 14th year ........................................................ 6.16 hours Fifteenth through 24th years ............................................... 7.69 hours Twenty-fifth and succeeding years .................................... 9.23 hours 10.2 Vacation Accumulation— An employee may accumulate up to two times their annual accrual amount of vacation hours. Once an employee has accumulated two times the annual accrual, no further vacation leave will accrue until the pay period after the vacation balance has been reduced below the two-year cap. 10.3 Scheduling—The times during the year at which an employee shall take vacation shall be determined by the department head with regard for the wishes of the employee and the needs of City service. 10.4 Vacation Cash-Out- Employees shall be allowed to cash out up to 40 hours of unused accrued vacation per calendar year with the following provisions: • Employees must have completed a minimum of one year of service. • Employees must maintain a minimum of 80 hours of accrued vacation hours in their vacation bank. • Vacation hours shall be compensated at the employee’s enhanced rate of pay as of the date of the cash-out. • Employees must complete an irrevocable election form and submit the completed form to Human Resources no later than December 15 of the calendar year prior to the year of the desired cash-out. Only time accrued during the calendar year following the irrevocable election may be cashed out. • Vacation hours may be cashed out annually in May and/or November, as long as the employee has submitted an irrevocable election form in the prior year. 10.5 Payout upon Separation from City Service - Employees separating from the City Service shall be paid at their current hourly salary rate for all unused accrued vacation hours. No such payment shall be made for vacation hours accumulated contrary to the provisions of these sections. Article 11. Other Leaves 11.1 Sick Leave- 11.1.1 Determination—Every regular permanent and probationary employee, who is unable to work due to illness or injury for other purposes as required by law, is entitled to paid sick leave as follows. 11.1.2 Amount of Sick Leave—Employees will accrue 8 hours per month of sick leave. Such leave may be accumulated without limit. 11.1.3 Sick Leave Request—An employee shall prepare and present a request for sick leave on each occurrence of sick leave on such forms and in accordance with such policies and procedures established for sick leave requests by the department head or designee. 11.1.4 Approval of Sick Leave Request—The department head or designee shall review all sick leave requests and, if approved, the request for paid sick leave for an employee City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 18 shall be granted. The department head or designee shall not unreasonably withhold approval of the employee’s sick leave request. 11.1.4.1 Notification—The employee must notify the immediate supervisor prior to the commencement of the daily work period if intending to take sick leave. 11.1.4.2 Verification of Injury or Illness— The department head or designee may require a verification prepared and signed by a licensed health care provider, which confirms that the employee is unable to perform work and the employee’s expected return-to-work date. The department head may also request medical verification that the employee has fully recovered and is able to perform the full scope of the normal and customary duties of the position. This verification shall be required when an employee is absent due to illness or injury for a period of 39 or more work hours. In addition, the department head may require a medical verification any time the department head has reasonable basis to believe that the leave has been abused by an individual employee. Such medical verification request shall not be unreasonably imposed. 11.2 Payment of Unused Accumulated Sick Leave Accrued—Upon death, separation from City employment as a result of a work-related injury/illness, a full-service retirement after 10 years of service, or retirement at age 50, an employee shall be paid for half of the accumulated sick leave at the time of separation, retirement, or death. Retirement is defined as retirement from City service and receiving PERS retirement benefits. Years of service does not include time spent as a temporary or part-time employee. Payment of unused sick leave hours shall be made at the employee’s enhanced hourly rate at the date of separation from City service. However, no employee shall receive payment for any accumulated sick leave hours in excess of 1200 and the maximum payable hours shall be 600. 11.3 Sick Leave Management Policy—All permanent and probationary employees who are temporarily and/or partially disabled from performing the full scope of duties within their classification as a result of an injury or illness that is not industrially caused, are eligible to receive sick leave without loss of salary or benefits. As identified in the City’s Sick Leave Management Policy Administrative Instruction, abuse of sick leave is defined as the use of sick leave for purposes other than illness or injury. Consistent with this policy, the monitoring, management, maximum use of sick leave, and reporting should conform to a general City standard. Therefore, employees exceeding 56 hours of sick leave per year will be subject to a review of sick leave usage. 11.4 Industrial Injury or Illness Leave—An employee who is temporarily and/or partially disabled from performing work as a result of any injury or illness that has been determined to be industrially caused that necessitates the employee’s absence from work, shall be City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 19 entitled to receive paid industrial injury or illness leave without loss of salary or benefits. Employees shall be eligible to receive paid industrial injury or illness leave for all time the employee is normally scheduled to work but is unable to work for a maximum period of 90-calendar days following the date in which the injury or illness caused the period of temporary and/or partial disability and necessitated the employee’s absence from work. An employee receiving paid industrial injury or illness leave shall assign to the City all workers’ compensation insurance proceeds received by the employee for all of the time in which the employee also received paid leave from the City. 11.5 Disability Insurance Program— 11.5.1 Application for Benefits—An employee who is disabled from performing the full scope of the usual and customary duties of the classification as the result of an injury or illness and has utilized all accrued sick leave and paid leave for which the employee is eligible, may file an application for short- or long-term disability benefits in accordance with the requirements of the City’s Disability Insurance policy. The elimination period for the disability plan is 30-calendar days. Employees will not be required to utilize sick leave in excess of this elimination period in order to qualify for disability payment. 11.5.2 City Determination—Upon an employee qualifying for disability benefits, the City shall determine the following: 11.5.2.1 Determination of Employee Disability—Whether the employee’s disability from performing the full scope of the usual and customary duties of the classification is permanent and stationary. 11.5.2.2 Medical Prognosis—Whether the medical prognosis for the employee’s eventual ability to completely recover to a point of being able to assume the full scope of the usual and customary duties of the classification is such that there exists a probability of complete recovery within a period of 365 days, or a reasonable extension thereof. The City will require medical verification from the employee regarding the condition, and may also require medical verification regarding the employee’s condition from a medical doctor retained by the City. 11.5.2.3 Permanent and Stationary Determination—If the City determines that the employee’s disability precludes him/her from performing the full scope of the usual and customary duties of the classification with or without accommodation and the disability is permanent and stationary, then the City may either assist the employee in applying for a disability retirement or otherwise separate the employee from the City’s service in accordance with applicable law. 11.5.2.4 Temporary Determination—If the City determines that the employee’s disability from performing the full scope of the usual and customary duties of the classification is such that there exists a significant probability of complete recovery within a period of 365 days, based on medical verification, then the City has discretion on a case-by-case basis to grant City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 20 the employee a leave of absence without pay for a reasonable period of time to recover from the disability. The City reserves the right to require medical verification of the employee’s fitness for duty before permitting the employee to return to City service. 11.5.2.5 Permanent and Stationary Determination During Leave of Absence—If the City grants an employee a leave of absence without pay for the purpose of providing the employee with the ability to completely recover and the employee’s disability becomes permanent and stationary during the period of such leave, then the City may assist the employee in applying for disability retirement or otherwise separate the employee from City service. 11.5.2.6 Accrued Vacation Payment—Upon becoming eligible for disability insurance benefits, and upon being granted a leave of absence without pay for a period appropriate to the time necessary to determine an employee’s ability to completely recover, the City will pay, at the request of the employee, any accrued vacation time for which the employee qualifies. 11.5.2.7 Insurance Premium Payment—The City will continue to pay insurance premiums on behalf of a disabled employee and dependents, pursuant to the provisions for such payments otherwise provided in this Agreement until the actual date of separation from City employment of the employee. 11.6 Light-duty Program—The purpose of the light-duty program is to minimize the loss of productive time, while at the same time reintroduce the employee to work to prevent deterioration of skills, facilitate recovery, and reduce income loss. Light-duty assignments will be structured so that employees are not placed in a duty status that would aggravate or cause a reoccurrence of injury or illness. Light-duty assignments will not be made unless the employee receives medical clearance from a physician to return for light duty. This program shall be coordinated with applicable workers’ compensation benefits so that benefits are provided at the level not less than those mandated by state law. 11.6.1 Coverage—This light-duty program will cover any employee who suffers a temporary and partial disability due to an industrial or non-industrial injury or illness. 11.6.2 Determination/Required Reports— 11.6.2.1 Assignments—Light-duty assignments may be made following evaluation and determination by the department head. The determination will be based on available medical information, in consultation with the employee and/or the affected supervisor, and based on the needs of the City, and the impact of light duty on departmental operations. 11.6.2.2 Medical Updates—Employees who seek light-duty assignments or who are on light-duty assignments are required to provide medical reports regarding the status of their condition to the department head at 2-week intervals, or at other agreed-upon intervals, for as long as the employee is off work. Reports will be required for all industrial or non-industrial injuries or illnesses regardless of whether or not a light-duty assignment City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 21 has been made. Reports will be evaluated by the department head for purposes of continuing or terminating a current light-duty assignment or to determine when to commence a light-duty assignment. 11.6.3 Light-duty Assignment, Definitions, and Restrictions—Light-duty assignments shall only be provided to employees with temporary disabilities where it has been medically determined that the employee will be able to return to the essential functions of his/her current job with or without accommodation. Under no circumstances shall the light-duty assignment be considered to be a permanent alternative position for purposes of reasonable accommodation under the applicable disability discrimination laws. Light-duty assignments: • May consist of reduced work hours, limited work, or any combination thereof. • Will not adversely affect the employee’s normal wage rate. • Will be within the employee’s assigned department; or if no regular work is available, the employee may be assigned work outside of the department consistent with skill and ability. • When feasible will be during the employee’s normal shift and duty hours. However, if it is determined that no useful work will be performed during the normal shift or duty hours, the employee can be assigned light duty during the normal office hours of 8:00 a.m. to 5:00 p.m., Monday through Friday. • Will be developed based for specific light-duty assignments on a case-by-case review of the medical restrictions, so as not to aggravate an injury or illness. 11.6.4 Holidays/Vacations During Light-duty Assignments— 11.6.4.1 Holidays Observed—Holidays shall be observed in accordance with the light-duty assignment work hours and workweek. That is, if an employee is assigned to work hours in a department, division, or operating unit where employees in that work unit take a holiday off, so shall the light- duty employee. If the employee is assigned to work hours in a department, division, or operating unit where employees in that work unit work holidays, so shall the light-duty employee. Compensation for holidays shall be in accordance with this Agreement. 11.6.4.2 Vacations—Employees assigned to light duty shall take their vacation as normally scheduled. Vacations shall cover the same number of workdays and calendar days as would have been if the employee had remained on full duty. Employees may reschedule their vacation with the approval of the department head, provided the rescheduling does not result in increased costs or lost time to the City for relief staff to cover the rescheduled vacation. 11.6.5 Return to Full Duty—Employees will be returned to a full-duty assignment as soon as possible following medical certification that the employee is able to resume the full duties of the classification with or without reasonable accommodation. 11.7 Protected Sick Leave—Employees accrue sick leave each year as defined in the sick leave article of this Agreement. In recognition of Labor Code 233, employees are permitted to City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 22 use up to half of their annual sick leave allotment, in any calendar year, as protected leave for the following purposes: • The diagnosis, care, or treatment of an existing health condition of, or preventative care for, themselves; • The diagnosis, care, or treatment of an existing health condition of, or preventative care for, an employee’s child (regardless of age or dependency status), parent, spouse, registered domestic partner, grandparent, grandchild, sibling, and parent of the employee’s spouse or registered domestic partner; and • If the employee is a victim of domestic violence, sexual assault, or stalking, to obtain any relief to help ensure the health, safety or welfare of the employee or their child. 11.7.1 Leave Amount—The combined total of hours taken for family care purposes pursuant to Labor Code 233 section shall not exceed half of the employee’s annual allotment of sick leave. Forty-eight hours of leave per year for this purpose is available. 11.7.2 Concurrent Use of Leave—Protected Sick Leave may run concurrently with any family leave permitted under federal or state law. 11.7.3 Notification Procedures—Leave usage forms and notification procedures will continue to be used, provided the City reserves the right to take such action it deems necessary to confirm or verify use of this leave. 11.8 Bereavement Leave—Each employee may take leave without loss of pay for the purpose of attending the funeral of any member of his/her immediate family, as defined below. 11.8.1 Within California—An employee may be granted up to a maximum of 24 hours of bereavement leave per occurrence for the death or to attend the funeral of a family member within California. 11.8.2 Outside California—An employee may be granted up to a maximum of 40 hours of bereavement leave per occurrence for the death or to attend the funeral of a family member outside of California. 11.8.3 Definition of Immediate Family for Bereavement Leave Purposes—As used herein for bereavement leave purposes, immediate family is defined to be spouse, parents, brother, sister, grandparents, child, mother-in-law, father-in-law, brother-in-law, sister-in-law, daughter-in-law, or son-in-law. In addition, the department head may grant the above-described leave in the event of the illness or disability or funeral of someone other than those persons designated if, in the department head’s opinion, there exists an extraordinarily close relationship between the employee and such person. 11.9 Leave of Absence—The City may grant an employee in a permanent position a leave of absence without pay or benefits not to exceed 1 year. A request for leave and the reason therefore shall be submitted in writing and must be approved by both the department head and the City Manager. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 23 11.9.1 Expiration of Leave of Absence—Upon expiration of the approved leave, the employee shall be reinstated in former classification without loss of service credits or benefits (subject to terms of the contracts with the benefit providers) accrued prior to said leave. However, during the period of leave, the employee shall not accumulate service credits nor shall the City continue contributions towards retirement plans. During this period the City shall not continue contributions toward group insurances, unless the leave is FMLA-qualifying. 11.9.2 Failing to Return from Leave—Failure on the part of an employee to return to work on the date scheduled shall be cause for termination. 11.10 Pregnancy-related Disability Leave—As provided for in state law, employees may be granted leave up to the maximum period of time permitted by law for disabilities caused or contributed to by pregnancy, childbirth, or related medical conditions, or for reason of the birth of a child. The employee shall provide the City with medical verification of the pregnancy disability, including the anticipated length of absence and the anticipated return- to-work date. This leave may run concurrently with the provisions of the family medical leave act. 11.10.1 Temporary Transfer—Upon physician’s advice, the employee may request a temporary transfer to a less strenuous or hazardous position carrying the same or lower salary in which the employee is qualified to perform. Nothing herein shall result in the displacement or transfer of other employees in permanent positions or the performance of unnecessary work. 11.10.2 Physical Examination—Where it is the opinion of the department head that the employee should be placed on leave sooner than prescribed by her physician due to the employee’s inability to effectively or safely perform the duties of her regular position or of to one to which she has been, or could otherwise be temporarily transferred, the employee may be required to undergo an examination by a second physician. The cost of this examination shall be paid by the City and shall not be ordered without prior approval of the appointing authority. 11.10.3 Leave Utilization—The employee shall be entitled to utilize sick leave, vacation, or compensatory time off benefits on the same basis as other employees who are temporarily disabled. While the pregnant employee is on a paid leave status, service credits shall continue to accrue and the City shall continue payments toward group insurance and retirement coverage. 11.10.4 Returning from Leave—Upon expiration of the approved leave, the employee shall be reinstated to the former classification or to a comparable one if the former position is abolished during the period of leave and the employee would otherwise not have been laid off. Prior to the employee being reinstated, a statement from the attending physician indicating that the employee is physically capable of resuming the regular duties of the position will be required. 11.11 Paternity Leave—As provided under the family medical leave act, an employee may request to be absent for a period of up to 12 weeks upon the birth or upon adoption of a City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 24 baby. Unused but accrued vacation or compensatory time may be used to the extent available. Such leave runs concurrently with the family medical leave act leave. 11.12 Military Leave—Military leave shall be granted in accordance with the provisions of applicable state and federal law. All employees legally entitled to military leave shall provide the immediate supervisor with the information, within the limits of military orders or regulations, to determine when such leave shall be taken. The immediate supervisor may modify the employee’s work schedule to accommodate the requirements applying to the leave. 11.13 Jury Duty—Employees must notify their supervisors when called to jury duty. All time at jury duty will be applied toward the employees’ regular workday. The employee must submit record of hours at jury duty. Given the many different shifts employees’ work, modification of work hours for such jury duty will be left to the discretion of the department head or designee, and may be appealed to the Director of Human Resources. Article 12. Automatic Progression 12.1 Plant Operators— 12.1.1 Treatment Plant Operator I to II—Any employee hired as an Operator I shall upon receipt of a valid Grade II certificate issued by the State of California shall be advanced to Operator II without additional City-required oral, written, or performance examinations. 12.1.2 Certification a Condition of Continued Employment— 12.1.2.1 Grade II Operators—As a condition of continued employment, employees hired as an Operator I must obtain a valid Grade II certificate issued by the State of California or the certifying authority recognized by the State of California, within 2 years from the effective date of hire as an operator. If an employee fails to obtain this required certification within the 2-year period, the employee may be terminated from employment without right of appeal. 12.1.2.2 Grade III Operators—Employees classified as a Plant Operator II must obtain and maintain a Grade III certificate issued by the State of California or the certifying authority recognized by the State of California, within 3 years of their appointment. If an employee fails to obtain this required certification within the 3-year period, the employee may be terminated from employment without right of appeal. 12.1.2.3 Maintenance of Required Certification—If an employee classified as a Plant Operator I or II fails to maintain a valid, required Wastewater Plant Operator’s certificate issued by the State of California or the certifying authority recognized the State of California, the employee may be terminated from employment without right of appeal. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 25 12.1.2.4 New Plant Operators Hired After 1/1/03—Commencing 1/1/03, all new Plant Operator II employees shall at the time of their employment, possess or obtain within 3 years of their employment as a Plant Operator II, a valid Grade III Wastewater Treatment Plan Operator’s certificate issued by the State of California or the certifying authority recognized the State of California. Permanent Plant Operator II employees hired prior to 1/1/03 shall be exempt from this provision so long as they maintain a valid Grade II certificate. 12.2 Mechanic and Electrical Staff—The City may fill any position at the level it deems appropriate for Plant Mechanic I or Plant Mechanic II, and Plant Electrician I or Plant Electrician II. It will also provide for alternate staffing/automatic progression for any plant mechanic and electrical staff that are appointed at the lower level of the classification series. This automatic progression for employees hired at the lower level will occur if all of the following conditions are met. : • Possessed a Grade II or higher CWEA Mechanical Technologist Certification or Electrical/Instrumentation Technologist Certification for at least one year. • Achieved "Above Standard" overall job performance ratings on at least 3 of the previous 5 performance evaluations. • If promoted, at the conclusion of one year, success fully completed a new probationary period. 12.3 Environmental Compliance –The City may fill any position at the level it deems appropriate for Environmental Compliance Inspector I or Environmental Compliance Inspector II. An employee hired as an Environmental Compliance Inspector I shall automatically progress to the Environmental Compliance Inspector II classification after all of the following conditions are met: • Possession of a Grade II Environmental Compliance Inspector Certificate issued by the CWEA. • Achieved “Above Standard” overall job performance ratings on at least 3 of the previous 5 performance evaluations. • If promoted, at the conclusion of one year, successfully completed at new probationary period Article 13. Apprenticeship The Union and the City agree to continue the current Stationary Engineers Local 39 Apprenticeship Training Fund. The City may nominate candidates from either Operations or Maintenance. Article 14. Personnel Practices 14.1 Probationary Periods— City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 26 14.1.1 Duration—All original and promotional appointments shall be tentative and subject to a probationary period of not less than 12 months of actual service from the date of probationary appointment or promotion. 14.1.2 Rejection—The appointing authority may terminate a probationary employee at any time during the probationary period without right of appeal in any manner and without recourse to the procedures provided in the grievance article of this Agreement. 14.1.3 Promotional Probation—An employee who has previously completed the probationary period and is rejected during a subsequent probationary period for a promotional appointment shall be reinstated to the former position from which the employee was promoted, if such position still exists. This section shall not be construed as to prohibit the City from discharging any employee during a subsequent promotional probationary period for those reasons and causes set forth in the discipline article of this Agreement. 14.1.4 Probation after Transfer—Employees who transfer to another division shall be required to undergo a new probationary period in a position into which transferred. If unsuccessful in the new probationary period, the voluntarily transferred employee may be terminated from City service. Employees transferred non- voluntarily shall be reinstated to their former position if unsuccessful in their new probationary period, if such position exists. 14.1.5 Probation after Return from Layoff—An employee who is laid off and subsequently appointed as a result of certification from an employment eligible list to a position of a different classification than that from which laid off, shall undergo the probationary period prescribed for the classifications to which appointed. Former probationary employees appointed from a reinstatement or re-employment list must serve the remainder of the probationary period in order to attain permanent status. 14.2 Transfer—An employee may be transferred by the appointing authority from one position to another position in the same or comparable classification carrying essentially the same maximum salary for which the employee is qualified to perform. 14.3 Promotion—The City shall endeavor to fill vacancies by promotion when in the best interest of the service. In the event the appointing authority determines to fill a vacancy by promotion, the Personnel officer prepares and administers an examination for those employees who meet the minimum qualifications. The names of the successful candidates shall be recorded in the order of their standing in the examination on an employment list. Closed promotional appointments shall be made from the first 4 candidates (the number may be unilaterally changed by City Council Resolution) on the employment list who are ready, willing, and able to accept the position offered. 14.4 Employment Lists—Promotional lists shall become effective upon approval thereof by the Personnel officer. Employment lists shall remain in effect for 1 year unless sooner exhausted, and may be extended, prior to its expiration dates, by action of the personne l officer for additional 3-month periods, but in no event shall the list be extended for more City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 27 than one additional year. If an appointment is to be made from an open-competitive list, the names of all persons on the list shall be certified. 14.5 Removal of Names from Employment Lists—the City for any of the following reasons may remove the names of any person on an employment list. The eligible person requests in writing that his/her name be removed. The candidate fails to respond to a written offer of employment within 6 business days from mailing. A subsequent report of an investigation is unsatisfactory. The candidate has been passed over for appointment 3 times. A candidate who rejects an offer of employment shall be removed from the employment list. 14.6 Time Off for Examinations—Promotional examinations scheduled by the City during an employee’s regular working hours may be taken without loss of compensation. 14.7 Resignation and Reinstatement— 14.7.1 Resignation—An employee desiring to leave the City in good standing shall submit a letter of resignation to the immediate supervisor no later than two weeks in advance of the effective date of separation; complete an exit interview; and receive a satisfactory final evaluation. 14.7.2 Reinstatement—A permanent employee who has resigned in good standing may be reinstated within two years of the effective date of resignation. Such reinstatement may be to a vacant position in the employee’s former classification or to one in a comparable classification that does not carry a significantly higher rate of pay and that the former employee is qualified to perform. Reinstatement shall be made at the salary step approved by the appointing authority. The reinstated employee will serve the designated probationary period for that classification at which the employee is reinstated. Article 15. Reductions-in-force, Layoffs, and Re-employment 15.1 Council Determination—Whenever, in the judgment of the City Council, it becomes necessary in the interest of economy or because the position involved no longer exists or is no longer necessary or because of a material change in duties, organization, or shortage of work or funds, the City Council may abolish any position in the competitive service and layoff, reassign, demote, or transfer an employee holding such position. This action shall not be deemed a disciplinary act or an act requiring written charges. The appointing authority may likewise layoff an employee in the competitive service because of a material change in duties, organization, or shortage of work or funds. 15.2 Seniority—Seniority, for the purpose of layoff, is defined as length of continuous full-time regular employment within City service, and shall not include time spent in service on a provisional or temporary status. Seniority shall be retained, but shall not accrue during any period of leave without pay, except for authorized military leave granted pursuant to law. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 28 15.3 Order of Layoff—When one or more employees in the same class in a City department are to be laid off, the order of layoff in the affected department shall be as follows: Probationary employees in reverse order of seniority. Permanent employees in reverse order of seniority. 15.4 Identical City Service Seniority—Should two or more employees have identical City service seniority, the order of layoff will be determined by classification seniority. Whenever two or more employees have identical classification seniority, a mutually agreeable random process shall determine the order of layoff. 15.5 Layoff Notification—Employees shall be forwarded written notice, including reasons therefore, a minimum of 10-working days prior to the effective date of layoff by certified or registered mail, return receipt requested, or shall be personally served. An employee receiving said notice may respond, in writing, to the appointing authority. The employee’s representative shall receive concurrent notice, and upon request, shall be afforded an opportunity to meet with the City to discuss the circumstances requiring the layoff and any proposed alternatives that do not include the consideration of the merits, necessity, or organization of any service or activity 15.6 Reassignment in Lieu of Layoff— 15.6.1 Vacant Positions in City—In the event of layoff, the employee will be allowed to transfer to a vacant position that the City intends to fill in the same classification in any City department as follows. 15.6.2 Former Classification—In the event there are no vacant positions in the same classification in any department, the employee will be offered a vacant position in any classification at the same or lower salary level in which permanent status had formerly been held, first in the affected department and then Citywide. 15.6.3 Displacement—In the event there are no vacancies as listed above, the employee shall have the opportunity upon request to be assigned to any classification in the department at the same or lower salary level in which minimum qualifications have been met and a regular layoff procedure in the same or lower salary level shall apply. 15.6.4 Step Classification—Employees transferred, reassigned, or demoted under this section will be assigned in the new classification salary range to a step closest, but not exceeding, the employee’s salary at the time of reclassification. 15.6.5 Employee Requests—An employee must request in writing the provisions of the Reassignment in Lieu of Layoff section, within 5-working days prior to the effective date of layoff. 15.7 Layoffs— 15.7.1 Exercising Rights—In the event an employee is not reassigned in lieu of layoff, as set forth above, the employee shall be laid off. If an employee elects not to exercise the rights in section Reassignment in Lieu of Layoff, the employee may be deemed to have been offered and to have declined such work and shall be laid off. 15.7.2 Accrued Leaves—Laid off employees are to be paid for accrued vacation and sick leave in accordance with this Agreement when separated as a result of a layoff. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 29 15.8 Layoff Re-employment and Reinstatement Lists— 15.8.1 Reduction in Force Reclassification or Demotion—Probationary and permanent employees, who are reclassified and/or demoted as a result of a reduction in force, shall have their names placed on a classification reinstatement list, in order of their seniority. Vacant positions within the classification shall first be offered to employees on this list. 15.8.2 Reduction in Force Re-employment List—Employees who are laid off, shall have their names placed in order of seniority on a classification re-employment list that in the opinion of the personnel officer requires basically the same qualifications, duties, and responsibilities as those of the classification in which the layoff occurred. Vacant positions in such classifications shall be offered to eligible employees on the re-employment list that qualify for such vacancies prior to an open or promotional recruitment. 15.8.3 Duration and Removal from Reinstatement or Re-employment Lists—No name shall be carried on a reinstatement or re-employment list for a period longer than two years. Refusal to accept the first offer of reinstatement or re-employment within a classification shall cause the employee’s name to be dropped from the list. Individuals not responding to written notification by certified or registered mail, return receipt requested, forwarded to their last known address, of an opening within 10-working days from mailing, shall have their names removed from either the reinstatement or re-employment list. 15.8.4 Probationary Rehires—Probationary employees appointed from a reinstatement or re-employment list must serve the remainder of their probationary period in order to attain permanent status. Article 16. Recreational Facilities and Classes 16.1 Admission to Classes—Employees shall be entitled to free admission to City recreation facilities and to free enrollment in up to 5 recreational classes during a 12-month period (lab fees or ingredient fees not included). 16.2 Use of Facilities—Employees using City recreation facilities and enrolled in City recreational classes shall engage in such activities on the employee’s non-work time. Employee admission to recreation facilities and recreation classes shall be accomplished in conformance with the rules and regulations established by the source department. Article 17. Safety 17.1 Observance of Safety Rules and Regulations—Both the City and Union shall expend every effort to ensure that work is performed with a maximum degree of safety, consistent with the requirement to conduct efficient operations. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 30 17.2 Safety Program—The City has established a safety program and representatives of the unit shall serve on the safety committee. 17.3 Safety Equipment—The City shall continue to supply employees with safety equipment required by the City and/or Cal/OSHA. All employees shall use City supplied safety equipment only for the purpose and uses specified under applicable safety rules and regulations. 17.4 Safety Shoes – Effective January 1, 2018, the City will reimburse employees who purchase and wear approved protective footwear during their regular duty shift up to $275 per fiscal year through the payroll process. Article 18. Discipline 18.1 Action by City—The City may discipline, discharge, suspend, demote, or reduce in salary any permanent employee for reasons including, but not limited to, dishonesty; insubordination; incompetence; willful negligence; failure to perform work as required; or failure to comply with or violation of the City’s rules regarding safety, conduct, or operations; chronic absenteeism; misstatement of fact on an application or other personal document; falsification of records; unfitness for duty; and absence without authorized leave. Any discharged, suspended, or demoted employee, or an employee whose salary has been reduced for disciplinary reasons, shall be furnished the reason for such action in writing. In the event an employee feels that the discharge, suspension, demotion, or salary reduction is unjust, the employee shall have the right to appeal the case through the grievance procedure within 5-working days from the date of the disciplinary action. 18.2 Notice of Disciplinary Action—The City shall provide the affected employee with written notice prior to taking disciplinary action, except where circumstances dictate the City taking immediate action to remove the employee from the work place. In such cases, written notice, as set forth below, shall be provided the employee within 2-working days of the action. In instances where disciplinary action must be imposed immediately, the notice shall be provided the employee no later than 5-working days before the disciplinary action is to be effective. Where immediate disciplinary action has been imposed, such action will not become final until the aforementioned notice has been furnished the employee and the employee has been provided no less than 5-working days from the receipt of the notice to respond to the authority initially imposing the discipline. 18.2.1 Notice—In all cases, written notice of disciplinary action shall be served on the employee personally or by certified or registered mail, return receipt, with a copy of the notice to be placed in the employee’s personnel file. The written notice shall contain the following information: The type of disciplinary action recommended. The effective date of the action proposed. The reason or cause for the action and the rules, regulations, and/or policies violated. That the employee shall be furnished all copies of all materials upon which the action is based. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 31 That the employee has the right to respond either orally or in writing to the authority initially imposing the discipline. 18.2.2 Appeal Rights—Once the proposed disciplinary action has been imposed, the affected employee shall have the right to appeal. Such appeals shall be filed directly at the fourth step of the grievance procedure set forth in this Agreement. 18.2.3 Probationary Discharge—Probationary employees may be discharged for any reasons, which in the sole opinion of the City is just and sufficient. Such discharge shall not be subject to the grievance procedure, except under the conditions specified in Probationary Period article of this Agreement. Article 19. Grievance Procedure This grievance procedure shall be applied in resolving grievances filed by an employee covered by this Agreement. 19.1 Definition of a Grievance—A grievance shall be defined as any dispute that involves the interpretation or application of any provision of this Agreement during its term, excluding all ordinances, resolutions, rules, and regulations, the contents of which are not specifically covered by the provisions of this Agreement. Such excluded ordinances and resolutions shall not be subject to this grievance procedure. 19.2 Time for Filing—A grievance shall be void unless it is filed in writing within 45-calendar days from the date upon which the City is alleged to have failed to provide a condition of employment that has been established by this Agreement, or within 45-calendar days from the time an employee might reasonably have been expected to have learned of the alleged failure. In no event shall a grievance include a claim for money relief for more than 45- calendar day period, plus such reasonable discovery period. 19.3 Informal Discussion with Employee’s Supervisor - Step 1—Before proceeding to the formal grievance procedure, an employee shall discuss the grievance with the immediate supervisor in private and attempt to work out a satisfactory solution. If the employee and the immediate supervisor cannot work out a satisfactory solution, the employee may then choose to represent himself or herself individually, or may request the assistance of the Union in writing to formally present the grievance. 19.4 Formal Written Grievance - Step 2—If the employee wishes to formally pursue the grievance, the employee shall present the written grievance to the supervisor’s immediate superior within 15-calendar days after the date upon which the grieving employee informally discussed the grievance with the immediate supervisor. The written grievance shall specify the article, section, and/or subsection of the Agreement that is alleged to have been violated by the City and shall specify dates, times, places, persons, and other facts necessary for a clear understanding of the matter being grieved. The supervisor’s immediate superior shall return a copy of the written grievance to the employee with an answer in writing within 15-calendar days from receipt of the grievance from Step 1. 19.5 Grievance to Department Head - Step 3—The department head or designee shall have 15- calendar days after receipt of the grievance to review and answer the grievance in writing. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 32 A meeting between the department head or designee and the grievant with his/her representative is required at this level unless waived by mutual Agreement. 19.6 Waiver of Supervisory Review—If the grievance is not resolved after the informal discussion with the employee’s immediate supervisor, the grievant and the department head or designee may, by mutual agreement, waive review of the grievance to the department head or designee. 19.7 Informal Review by the City Manager - Step 4—Prior to the selection of an arbitrator and submission of the grievance for hearing by an arbitrator, the City Manager or designee shall informally review the grievance and determine whether said grievance may be adjusted to the satisfaction of the employee. The City Manager or designee shall have 15-calendar days in which to review and seek adjustment of the grievance. 19.8 Arbitration of Grievance - Step 5—In the event that the department head does not resolve the grievance, the grievant may within 30-calendar days after receipt of the department head’s decision request in writing that an arbitrator hear the grievance. 19.9 Selection of Arbitrator—The arbitrator shall be selected by mutual agreement between the City Manager or designee and the grievant or representative. If the City Manager or designee and the grievant or representative are unable to agree on the selection of an arbitrator, they shall jointly request the State Mediation and Conciliation Service to submit a list of 7 qualified arbitrators. The City Manager or designee and the grievant or representative shall then alternately strike names from the list until only one-name remains, and that person shall serve as arbitrator. 19.10 Duty of Arbitrator—Except when an agreed statement of facts is submitted by the parties, it shall be the duty of the arbitrator to hear and consider evidence submitted and to thereafter make written findings of fact and disposition of the grievance that shall be final and binding upon the parties. The decision of the arbitrator shall be based solely upon the interpretation of the appropriate provisions of the Agreement applicable to the grievance and the arbitrator shall not add to, subtract from, modify, or disregard any of the terms or provisions of the Agreement. 19.11 Power of the Arbitrator—The provisions for arbitration are not intended and shall not be construed to empower an arbitrator to change any condition of employment specifically covered by the Agreement or to revise, modify or alter in any respect any provision in the Agreement. 19.12 Payment of Costs—Each party to a hearing before an arbitrator shall bear own expenses in connection therewith. All fees and expenses of the arbitrator shall be borne half by the City and half by the grievant, except that the moving party must pay any cancellation charge for both parties if an arbitration session is canceled without sufficient notice to the arbitrator. 19.13 Effect of Failure of Timely Action—Failure of an employee to file an appeal within the required time period at any level shall constitute an abandonment of the grievance. Failure of the City to respond within the time limit at any step shall result in an automatic advancement of the grievance to the next step. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 33 Article 20. Past Practices and Existing Memorandum of Understanding 20.1 Working Conditions—Continuance of working conditions and practices not specifically provided herein, shall not be guaranteed by this Agreement. 20.2 Prior Agreements—This Agreement shall supersede all existing and prior Memoranda of Understanding, side letters, and agreements between the City and the Union. 20.3 Changes—No changes in this Agreement or interpretation thereof (except by decision of the Personnel Board and City Council in accordance with the applicable sections of this Agreement) will be recognized, unless agreed to by the appointing authority and the Union. Article 21. Employees Covered Provisions of this Agreement apply only to the full-time regular employees represented in Unit D, as identified in Appendix A. Article 22. Severability Should any section, clause, or provision of this Agreement be declared illegal by final judgment of a court of competent jurisdiction, such invalidation of those sections, clauses, or provisions shall not nullify the remaining portions. Those remaining portions shall be in full force and effect for the duration of this Agreement. In the event of such invalidation, the parties agree to meet and confer concerning substitute provisions for those terms rendered and declared illegal. Article 23. Term of the Memorandum of Understanding This Agreement shall become effective only upon approval by the City Council and upon ratification by the members of this unit and remain in full force and effect to and including June 30, 2022. Article 24. Signatures In witness thereof, the parties hereto have executed this Agreement in the City of South San Francisco on this__________ day of_________________, 2021. For the Union: For the City: City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 34 Bart Florence, Business Manager Leah Lockhart, Human Resources Director Chief Negotiator Steve Crouch, Director of Public Employees Mike Futrell, City Manager Michael E. Gong, Business Representative, Chief Negotiator Janice Chapman Quinlan Miller Nelson Yuk City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 35 Appendix A Operating Engineers, Local 39 Classifications Those classifications in the International Union of Operating Engineers, Local 39 unit are the following: 1. Lead Plant Operator 2. Plant Operator III 3. Plant Operator II 4. Plant Operator I 5. Apprentice Operator 6. Lead Plant Mechanic 7. Plant Mechanic II 8. Plant Mechanic I 9. Apprentice Mechanic 10. Plant Electrician II 11. Plant Electrician I 12. Plant Utility Worker 13. Senior Environmental Compliance Inspector 14. Environmental Compliance Inspector II 15. Environmental Compliance Inspector I 16. Senior Laboratory Chemist 17. Laboratory Chemist City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 36 Appendix B Certification Premiums Effective July 5, 2013, those classifications listed below are the Plant classifications that are eligible for the following certification premiums, which shall be calculated on the employee’s base rate of pay. Classifications Certification Premiums Grade III Grade IV Grade V Lead Plant Operator 2.5% 2.5% Plant Operator III 2.5% 2.5% Lead Plant Mechanic 2.5% Plant Mechanic II 2.5% 2.5% Plant Electrician II 2.5% 2.5% Sr. Environment Compliance Inspector 2.5% Environmental Compliance Inspector II 2.5% Sr. Laboratory Chemist 5.0% Laboratory Chemist 5.0% City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 37 Appendix C Stand-by Pay and Flexible Work Schedules for Non-shift Employees 1. The City agrees that upon specific written request by the Union during the life of this Agreement, it will discuss with the Union creation of a Stand-by Pay program as a departmental policy and procedure which is separate and apart from this memorandum of understanding. The City agrees to engage in “effects bargaining” with the Union to negotiate over the impact on affected unit members resulting from such a program if the City determines that it makes operation sense to implement such a program. 2. The City agrees that upon specific written request by the Union during the life of this Agreement, it will discuss with the Union creation of a Flexible Work Schedule program for non-shift employees as a departmental policy and procedure which is separate and apart from this memorandum of understanding. The City agrees to engage in “effects bargaining” with the Union to negotiate over the impact on affected unit members resulting from such a program if the City determines that it makes operation sense to implement such a program. City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 38 Appendix D Limited Term Employees Pilot Program 1. Limited Term Employees- The City will designate a separate group of extra help employees in the bargaining unit, entitled Limited Term Employees, consisting solely of employees who are hired at the City's discretion, for assignments not to exceed two (2) years. 2. The Limited Term Employees Pilot Program will apply for the duration of the MOU beginning on July l, 2014, and continue to apply to Limited Term Employees hired during this period. This program will be extended for the duration of the MOU beginning on July 1, 2017. 3. The City will use Limited Term Employees only in the following circumstances: (Note: the terms “temporary” and “short term” below shall be defined as not to exceed two years for the purpose of Limited Term Employees.) a. Temporary absence of incumbent b. Short-term variations in workload, including seasonal work c. Short-term special projects/assignments/pilot programs d. Temporary filling of vacant positions e. Intermittent work f. Temporary staffing prior to implementation of organizational or technological changes (e.g., Laboratory/Environmental Compliance). g. Work that has been traditionally outsourced (e.g., Instrument Technician) 4. To the extent Limited Term Employees are hired to facilitate work on planned projects, the City may exercise its discretion to assign such project work to Regular Employees while the Limited Term Employees backfill Regular Employee job duties. 5. The number of positions filled by Limited Term Employees in the unit will not exceed 5 positions at a time. The City will meet and consult with the appropriate Union representative over any expansion of the pilot program or increase in cap on number of Limited Term Employees. 6. The following terms and conditions of employment will apply solely to employees hired as Limited Term Employees: a. Positions will be a limited term as defined by the City, not to exceed two years. b. Limited Term Employees are hourly, unclassified, temporary, at-will employees. c. Upon termination or release from employment, the employee may not be hired for a second limited term assignment. d. Limited Term Employees are full-time (40 hours/week) hourly employees with benefits. Compensation will consist of the following: City of South San Francisco International Union of Operating Engineers, Stationary Engineers, Local 39 Memorandum of Understanding July 1, 2021 through June 30, 2022 Page 39 i. Hourly wage rate (X-code). During this pilot program, if there are base pay increases to the equivalent bargaining unit position, the hourly position will be subject to the same. ii. Paid Time Off - 3.08 hours vacation accrual per pay period (80 hours/year); 3.69 hours sick leave accrual per pay period (12 days/year); and 13 paid holidays, including 1 floating holiday. iii. Medical, Dental, Vision, Life and Disability insurances. iv. Section 3121 Retirement Plan. v. Limited Term employees are not eligible for retiree health benefits. vi. Limited Term Employees are eligible for the City's group medical, dental and vision plans as offered to regular full-time employees. Limited Term Employees may not opt out of the plans for cash into a deferred compensation plan. vii. Limited Term Employees are eligible for shift differential pay. The recruitment standards and treatment for Limited Term Employees will be no different than Regular employees. All Limited Term Employees will be expected to have the knowledge, skills and abilities necessary to adequately perform their roles and meet their responsibilities. EXHIBIT D Published by Human Resources Department City of South San Francisco Street Address: Mailing Address: First Floor City Hall P. O. Box 711 400 Grand Avenue South San Francisco CA 94083 South San Francisco CA 94080 650/877-8522 Tel Web Site www.ssf.net 650/829-6698 Fax City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-571 Agenda Date:7/14/2021 Version:1 Item #:14b. Resolution to approve amendments to the Salary and Wage Schedule for the City of South San Francisco to provide for negotiated and recommended wage adjustments. WHEREAS, City staff and appointed negotiators met and conferred with the American Federation of State, County, and Municipal Employees (AFSCME) Local 829, Teamsters Local 856 - Mid Management Unit, Teamsters Local 856 - Confidential Unit, and the International Union of Operation Engineers (IUOE) Local 39 and reached tentative agreement on successor Memorandums of Understanding with each unit; and WHEREAS, the negotiated agreements provide for a three percent (3%) across-the-board wage adjustment; and WHEREAS, staff recommends a three percent (3%) across-the-board wage adjustment for part-time hourly classifications, and further adjustments to certain hourly classifications to match the wage schedule to corresponding regular classifications with the same job title and job description; and WHEREAS, the amended salary and wage schedule has been prepared by the Human Resources Department, to reflect the negotiated and recommended wage adjustments. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of South San Francisco that the City Council hereby approves the amended Salary and Wage Schedule for Fiscal Year 2021-2022, attached hereto as Exhibit A. ***** City of South San Francisco Printed on 7/15/2021Page 1 of 1 powered by Legistar™ Executive Management Only City of South San Francisco | Salary Schedule Effective 7/9/2021 EXHIBIT A JOB TITLE JOB CODE EFFECTIVE DATE UNIT MINIMUM CONTROL POINT MAXIMUM Assistant City Manager N100 7/9/2021 EXEC 114.73$ 126.20$ 138.83$ Assistant to the City Manager N180 7/9/2021 EXEC 66.77$ 73.45$ 80.79$ City Manager N115 4/28/2021 EXEC 147.88$ Communications Director N190 7/9/2021 EXEC 97.28$ 107.01$ 117.71$ Director of Capital Projects N195 7/9/2021 EXEC 97.28$ 107.01$ 117.71$ Economic & Community Development Director N140 7/9/2021 EXEC 99.45$ 109.40$ 120.34$ Finance Director N145 7/9/2021 EXEC 99.45$ 109.40$ 120.34$ Fire Chief N150 7/9/2021 EXEC 114.06$ 125.46$ 138.01$ Human Resources Director N130 7/9/2021 EXEC 97.28$ 107.01$ 117.71$ Information Technology Director N165 7/9/2021 EXEC 98.52$ 108.37$ 119.21$ Library Director N110 7/9/2021 EXEC 97.28$ 107.01$ 117.71$ Parks & Recreation Director N175 7/9/2021 EXEC 100.11$ 110.12$ 121.13$ Police Chief N155 7/9/2021 EXEC 117.04$ 128.74$ 141.61$ Public Works Director N160 7/9/2021 EXEC 99.96$ 109.95$ 120.95$ Steps are listed as hourly rates, except where otherwise specified Page 1 of 1 EXHIBIT A City of South San Francisco | Salary Schedule Effective 7/9/2021 EXHIBIT A JOB TITLE JOB CODE EFFECTIVE DATE UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 Accountant - Senior M625 7/9/2021 MID MGMT 48.53$ 50.96$ 53.50$ 56.18$ 58.99$ Accountant I M100 7/9/2021 MID MGMT 40.13$ 42.14$ 44.25$ 46.46$ 48.78$ Accountant II M620 7/9/2021 MID MGMT 44.13$ 46.34$ 48.66$ 51.09$ 53.64$ Accounting Assistant I A480 7/9/2021 AFSCME 25.67$ 26.95$ 28.30$ 29.71$ 31.20$ Accounting Assistant II A225 7/9/2021 AFSCME 28.20$ 29.61$ 31.09$ 32.65$ 34.28$ Accounting Assistant II - Hourly X100 7/9/2021 HOURLY 28.20$ 29.61$ 31.09$ 32.65$ 34.28$ Administrative Assistant - Senior O340 7/9/2021 CONFID 34.67$ 36.41$ 38.23$ 40.14$ 42.15$ Administrative Assistant I O315 7/9/2021 CONFID 31.35$ 32.92$ 34.57$ 36.30$ 38.11$ Administrative Assistant I - Hourly X110 7/9/2021 HOURLY 31.35$ 32.92$ 34.57$ 36.30$ 38.11$ Administrative Assistant II O310 7/9/2021 CONFID 33.01$ 34.66$ 36.40$ 38.22$ 40.13$ Administrative Assistant II - Hourly X130 7/9/2021 HOURLY 33.01$ 34.66$ 36.40$ 38.22$ 40.13$ Building Inspector A135 7/9/2021 AFSCME 43.96$ 46.16$ 48.47$ 50.89$ 53.44$ Building Inspector - Hourly X595 7/9/2021 HOURLY 43.96$ 46.16$ 48.47$ 50.89$ 53.44$ Building Inspector - Senior A400 7/9/2021 AFSCME 48.01$ 50.41$ 52.93$ 55.58$ 58.36$ Building Maintenance Craftsworker A465 7/9/2021 AFSCME 33.96$ 35.66$ 37.44$ 39.32$ 41.28$ Building Maintenance Custodian A140 7/9/2021 AFSCME 24.94$ 26.19$ 27.49$ 28.87$ 30.31$ Building Maintenance Custodian - Hourly X185 7/9/2021 HOURLY 24.94$ 26.19$ 27.49$ 28.87$ 30.31$ Building Maintenance Custodian - Lead A190 7/9/2021 AFSCME 31.57$ 33.15$ 34.81$ 36.55$ 38.38$ Building Maintenance Custodian - Senior A320 7/9/2021 AFSCME 27.46$ 28.84$ 30.28$ 31.79$ 33.38$ Building Official - Assistant M215 7/9/2021 MID MGMT 58.23$ 61.14$ 64.20$ 67.41$ 70.78$ Building Plan Reviewer A690 7/9/2021 AFSCME 46.05$ 48.35$ 50.77$ 53.30$ 55.97$ Business Manager M825 7/9/2021 MID MGMT 55.51$ 58.29$ 61.20$ 64.26$ 67.48$ Childcare Assistant Supervisor M800 7/9/2021 MID MGMT 34.09$ 35.79$ 37.58$ 39.46$ 41.44$ City Building Official M210 7/9/2021 MID MGMT 67.85$ 71.24$ 74.80$ 78.54$ 82.47$ City Clerk E100 7/1/2021 ELECT 73.37$ City Clerk - Assistant M830 7/9/2021 MID MGMT 43.11$ 45.27$ 47.53$ 49.91$ 52.41$ City Clerk Records Technician O415 7/9/2021 CONFID 33.01$ 34.66$ 36.40$ 38.22$ 40.13$ City Council Member E110 7/12/2019 ELECT 92.31$ City Planner M155 7/9/2021 MID MGMT 66.70$ 70.03$ 73.53$ 77.21$ 81.07$ City Treasurer E105 7/12/2019 ELECT 7.72$ Code Enforcement Officer A145 7/9/2021 AFSCME 37.64$ 39.52$ 41.50$ 43.57$ 45.75$ Communications Dispatcher A150 7/9/2021 AFSCME 36.85$ 38.70$ 40.63$ 42.66$ 44.79$ Communications Dispatcher - Hourly X445 7/9/2021 HOURLY 46.99$ Communications Dispatcher - Supervising A365 7/9/2021 AFSCME 43.47$ 45.64$ 47.93$ 50.32$ 52.84$ Community Development Coordinator M725 7/9/2021 MID MGMT 43.25$ 45.41$ 47.68$ 50.07$ 52.57$ Community Development Specialist A660 7/9/2021 AFSCME 41.24$ 43.30$ 45.47$ 47.74$ 50.13$ Community Services Site Coordinator A640 7/9/2021 AFSCME 24.98$ 26.23$ 27.54$ 28.92$ 30.36$ Community Services Site Coordinator - Hourly X660 7/9/2021 HOURLY 24.98$ 26.23$ 27.54$ 28.92$ 30.36$ Computer Services Technician O525 7/9/2021 CONFID 42.06$ 44.16$ 46.37$ 48.68$ 51.12$ Computer Services Technician - Senior O530 7/9/2021 CONFID 44.17$ 46.37$ 48.69$ 51.13$ 53.68$ Consultant - Hourly X570 7/9/2021 HOURLY 15.71$ 139.05$ Crime Analyst C210 7/9/2021 PO NONWORN 44.31$ 46.53$ 48.85$ 51.29$ 53.86$ Cultural Arts Specialist A650 7/9/2021 AFSCME 34.06$ 35.76$ 37.55$ 39.42$ 41.40$ Cultural Arts Specialist - Hourly X650 7/9/2021 HOURLY 34.06$ 35.76$ 37.55$ 39.42$ 41.40$ Database Business Systems Specialist O405 7/9/2021 CONFID 33.01$ 34.66$ 36.40$ 38.22$ 40.13$ Deputy City Clerk O320 7/9/2021 CONFID 36.32$ 38.13$ 40.04$ 42.04$ 44.15$ Deputy Economic Community Development Director M145 7/9/2021 MID MGMT 73.37$ 77.03$ 80.89$ 84.93$ 89.18$ Steps are listed as hourly rates, except where otherwise specified Page 1 of 5 EXHIBIT A City of South San Francisco | Salary Schedule Effective 7/9/2021 EXHIBIT A JOB TITLE JOB CODE EFFECTIVE DATE UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 Deputy Finance Director M845 7/9/2021 MID MGMT 73.37$ 77.03$ 80.89$ 84.93$ 89.18$ Economic Development Coordinator M185 7/9/2021 MID MGMT 57.55$ 60.43$ 63.45$ 66.63$ 69.96$ Electrical Maintenance Supervisor M835 7/9/2021 MID MGMT 53.65$ 56.33$ 59.15$ 62.10$ 65.21$ Electrical Technician A160 7/9/2021 AFSCME 41.42$ 43.49$ 45.67$ 47.95$ 50.35$ Electrical Technician - Assistant A120 7/9/2021 AFSCME 30.57$ 32.09$ 33.70$ 35.38$ 37.15$ Electrical Technician - Lead A335 7/9/2021 AFSCME 51.11$ 53.67$ 56.35$ 59.17$ 62.13$ Electrical Technician - Senior A500 7/9/2021 AFSCME 45.45$ 47.72$ 50.10$ 52.61$ 55.24$ Emergency Medical Technician - Hourly X281 7/9/2021 HOURLY 18.82$ 19.76$ 20.75$ 21.79$ 22.88$ Emergency Services Manager M780 7/9/2021 MID MGMT 45.61$ 47.89$ 50.28$ 52.79$ 55.43$ EMS Battalion Chief M420 7/9/2021 PSM FIRE 80 79.29$ 83.25$ 87.42$ 91.79$ 96.38$ Engineer - Associate M115 7/9/2021 MID MGMT 54.64$ 57.37$ 60.24$ 63.25$ 66.41$ Engineer - Principal M760 7/9/2021 MID MGMT 71.20$ 74.76$ 78.49$ 82.42$ 86.54$ Engineer- Senior M340 7/9/2021 MID MGMT 65.03$ 68.28$ 71.69$ 75.28$ 79.04$ Engineering Technician A167 7/9/2021 AFSCME 34.22$ 35.93$ 37.72$ 39.61$ 41.59$ Engineering Technician - Senior A168 7/9/2021 AFSCME 37.64$ 39.52$ 41.50$ 43.57$ 45.75$ Environmental Compliance Inspector - Hourly X465 7/9/2021 HOURLY 41.45$ 43.52$ 45.69$ 47.98$ 50.38$ Environmental Compliance Inspector - Senior D160 7/9/2021 WQCP OP ENG 51.43$ 54.00$ 56.70$ 59.53$ 62.51$ Environmental Compliance Inspector I D210 7/9/2021 WQCP OP ENG 41.45$ 43.52$ 45.69$ 47.98$ 50.38$ Environmental Compliance Inspector II D155 7/9/2021 WQCP OP ENG 45.60$ 47.88$ 50.27$ 52.79$ 55.42$ Environmental Compliance Supervisor M450 7/9/2021 MID MGMT 68.28$ 71.70$ 75.28$ 79.05$ 83.00$ Equipment Mechanic A170 7/9/2021 AFSCME 35.31$ 37.08$ 38.93$ 40.88$ 42.92$ Equipment Mechanic - Hourly X510 7/9/2021 HOURLY 35.31$ 37.08$ 38.93$ 40.88$ 42.92$ Equipment Mechanic - Lead A345 7/9/2021 AFSCME 38.24$ 40.15$ 42.16$ 44.27$ 46.48$ Equipment Operator A175 7/9/2021 AFSCME 35.40$ 37.17$ 39.03$ 40.98$ 43.03$ Executive Assistant To The City Manager O410 7/9/2021 CONFID 40.57$ 42.60$ 44.73$ 46.97$ 49.32$ Financial Analyst - Senior M615 7/9/2021 MID MGMT 48.53$ 50.96$ 53.50$ 56.18$ 58.99$ Financial Analyst I M600 7/9/2021 MID MGMT 40.13$ 42.14$ 44.25$ 46.46$ 48.78$ Financial Analyst II M610 7/9/2021 MID MGMT 44.13$ 46.34$ 48.66$ 51.09$ 53.64$ Financial Services Manager M770 7/9/2021 MID MGMT 62.39$ 65.51$ 68.79$ 72.23$ 75.84$ Fire Apparatus Engineer B120 7/9/2021 IAFF 39.41$ 41.38$ 43.45$ 45.62$ 47.91$ Fire Apparatus Engineer (40 Hours)B121 7/9/2021 IAFF 55.17$ 57.93$ 60.83$ 63.87$ 67.06$ Fire Battalion Chief (40 Hours)M205 7/9/2021 PSM FIRE 80 79.29$ 83.25$ 87.42$ 91.79$ 96.38$ Fire Battalion Chief (56 Hours)M390 7/9/2021 PSM FIRE 112 56.64$ 59.47$ 62.44$ 65.57$ 68.85$ Fire Captain (40 Hours)B101 7/9/2021 IAFF 60.53$ 63.56$ 66.73$ 70.07$ 73.57$ Fire Captain (56 Hours)B100 7/9/2021 IAFF 43.24$ 45.40$ 47.67$ 50.06$ 52.56$ Fire Chief - Deputy M110 7/9/2021 PSM FIRE 80 92.29$ 96.90$ 101.75$ 106.84$ 112.18$ Fire Courier - Hourly X540 7/9/2021 HOURLY 20.40$ 21.43$ 22.50$ 23.62$ 24.80$ Fire Marshal M410 7/9/2021 PSM FIRE 80 80.98$ 85.03$ 89.29$ 93.75$ 98.44$ Groundsperson A505 7/9/2021 AFSCME 32.23$ 33.85$ 35.54$ 37.32$ 39.18$ Human Resources Analyst - Senior M271 7/9/2021 MID MGMT 48.44$ 50.87$ 53.41$ 56.08$ 58.89$ Human Resources Analyst I M700 7/9/2021 MID MGMT 40.05$ 42.05$ 44.15$ 46.36$ 48.68$ Human Resources Analyst II M270 7/9/2021 MID MGMT 44.01$ 46.21$ 48.52$ 50.95$ 53.50$ Human Resources Clerk - Hourly X310 7/9/2021 HOURLY 30.92$ 32.47$ 34.09$ 35.79$ 37.58$ Human Resources Manager M775 7/9/2021 MID MGMT 62.53$ 65.65$ 68.94$ 72.38$ 76.00$ Human Resources Technician O265 7/9/2021 CONFID 33.01$ 34.66$ 36.40$ 38.22$ 40.13$ Human Resources Technician - Hourly X265 7/9/2021 HOURLY 33.01$ 34.66$ 36.40$ 38.22$ 40.13$ Information Systems Administrator M650 7/9/2021 MID MGMT 57.60$ 60.48$ 63.50$ 66.68$ 70.01$ Steps are listed as hourly rates, except where otherwise specified Page 2 of 5 EXHIBIT A City of South San Francisco | Salary Schedule Effective 7/9/2021 EXHIBIT A JOB TITLE JOB CODE EFFECTIVE DATE UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 Information Systems Administrator - Senior M790 7/9/2021 MID MGMT 60.48$ 63.50$ 66.68$ 70.01$ 73.51$ Information Technology Manager M805 7/9/2021 MID MGMT 63.64$ 66.82$ 70.16$ 73.67$ 77.35$ Laboratory Chemist D120 7/9/2021 WQCP OP ENG 45.85$ 48.14$ 50.55$ 53.08$ 55.73$ Laboratory Chemist - Hourly X545 7/9/2021 HOURLY 45.85$ 48.14$ 50.55$ 53.08$ 55.73$ Laboratory Chemist - Senior D170 7/9/2021 WQCP OP ENG 52.97$ 55.62$ 58.40$ 61.32$ 64.39$ Laboratory Supervisor M220 7/9/2021 MID MGMT 57.04$ 59.89$ 62.88$ 66.03$ 69.33$ Landscape Architect M815 7/9/2021 MID MGMT 58.96$ 61.91$ 65.00$ 68.25$ 71.67$ Librarian I A210 7/9/2021 AFSCME 32.82$ 34.46$ 36.18$ 37.99$ 39.89$ Librarian I - Hourly X210 7/9/2021 HOURLY 32.82$ 34.46$ 36.18$ 37.99$ 39.89$ Librarian II A240 7/9/2021 AFSCME 36.12$ 37.92$ 39.82$ 41.81$ 43.90$ Librarian II - Hourly X670 7/9/2021 HOURLY 36.12$ 37.92$ 39.82$ 41.81$ 43.90$ Library Assistant I A220 7/9/2021 AFSCME 25.77$ 27.06$ 28.41$ 29.83$ 31.32$ Library Assistant I - Hourly X220 7/9/2021 HOURLY 25.77$ 27.06$ 28.41$ 29.83$ 31.32$ Library Assistant II A215 7/9/2021 AFSCME 28.46$ 29.89$ 31.38$ 32.95$ 34.60$ Library Assistant II - Hourly X225 7/9/2021 HOURLY 28.46$ 29.89$ 31.38$ 32.95$ 34.60$ Library Clerk - Hourly X235 7/9/2021 HOURLY 18.43$ 19.35$ 20.32$ 21.34$ 22.40$ Library Director - Assistant M640 7/9/2021 MID MGMT 61.95$ 65.05$ 68.30$ 71.72$ 75.30$ Library Page - Hourly X250 7/9/2021 HOURLY 15.69$ 16.48$ 17.30$ 18.17$ 19.08$ Library Program Manager M235 7/9/2021 MID MGMT 49.12$ 51.58$ 54.16$ 56.87$ 59.71$ Library Specialist - Supervising A670 7/9/2021 AFSCME 33.69$ 35.38$ 37.15$ 39.00$ 40.95$ Literacy Program Manager M500 7/9/2021 MID MGMT 49.12$ 51.58$ 54.16$ 56.87$ 59.71$ Literacy Services Assistant Coordinator - Hourly X655 7/9/2021 HOURLY 28.07$ 29.48$ 30.95$ 32.50$ 34.12$ Literacy Services Assistant I - Hourly X665 7/9/2021 HOURLY 25.41$ 26.68$ 28.02$ 29.42$ 30.89$ Literacy Services Coordinator A445 7/9/2021 AFSCME 37.07$ 38.93$ 40.87$ 42.92$ 45.06$ Maintenance Craftsworker A280 7/9/2021 AFSCME 33.96$ 35.66$ 37.44$ 39.32$ 41.28$ Maintenance Supervisor M255 7/9/2021 MID MGMT 45.02$ 47.27$ 49.64$ 52.12$ 54.72$ Management Analyst I M570 7/9/2021 MID MGMT 43.11$ 45.27$ 47.53$ 49.91$ 52.41$ Management Analyst II M560 7/9/2021 MID MGMT 47.41$ 49.78$ 52.27$ 54.88$ 57.63$ Member - Bicycle & Pedestrian Advisory Committee X321 7/12/2019 BD CMS 50.00$ Member - Cultural Arts Commission (Per Meeting)X164 7/12/2019 BD CMS 50.00$ Member - Design Review Board (Per Meeting)X155 7/12/2019 BD CMS 50.00$ Member - Historical Commission (Per Meeting)X165 7/12/2019 BD CMS 50.00$ Member - Housing Authority Commission (Per Meeting)X175 7/12/2019 BD CMS 50.00$ Member - Library Board (Per Meeting)X230 7/12/2019 BD CMS 50.00$ Member - Parking Place Commission (Per Meeting)X295 7/12/2019 BD CMS 50.00$ Member - Parks & Recreation Commission (Per Meeting)X285 7/12/2019 BD CMS 50.00$ Member - Personnel Board (Per Meeting)X305 7/12/2019 BD CMS 50.00$ Member - Planning Commission (Per Meeting)X315 7/12/2019 BD CMS 50.00$ Member - Traffic Safety Commission X320 7/12/2019 BD CMS 50.00$ Miscellaneous Hourly X280 7/9/2021 HOURLY 15.71$ 87.55$ Office Assistant - Hourly X440 7/9/2021 HOURLY 23.85$ 25.04$ 26.29$ 27.60$ 28.98$ Office Specialist A295 7/9/2021 AFSCME 26.59$ 27.92$ 29.32$ 30.78$ 32.32$ Office Specialist - Hourly X415 7/9/2021 HOURLY 26.59$ 27.92$ 29.32$ 30.78$ 32.32$ Paramedic Firefighter B130 7/9/2021 IAFF 39.41$ 41.38$ 43.45$ 45.62$ 47.91$ Paramedic Firefighter Recruit (40 Hours)B135 7/9/2021 IAFF 52.54$ Park Maintenance Worker A250 7/9/2021 AFSCME 28.71$ 30.14$ 31.65$ 33.23$ 34.90$ Park Maintenance Worker - Hourly X300 7/9/2021 HOURLY 28.71$ 30.14$ 31.65$ 33.23$ 34.90$ Steps are listed as hourly rates, except where otherwise specified Page 3 of 5 EXHIBIT A City of South San Francisco | Salary Schedule Effective 7/9/2021 EXHIBIT A JOB TITLE JOB CODE EFFECTIVE DATE UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 Park Maintenance Worker - Lead A195 7/9/2021 AFSCME 34.16$ 35.87$ 37.66$ 39.54$ 41.52$ Park Maintenance Worker - Senior A350 7/9/2021 AFSCME 30.76$ 32.30$ 33.91$ 35.61$ 37.39$ Parking Enforcement Officer C175 7/9/2021 PO NONWORN 26.38$ 27.70$ 29.08$ 30.54$ 32.06$ Parking Enforcement Officer - Hourly X180 7/9/2021 HOURLY 26.38$ 27.70$ 29.08$ 30.54$ 32.06$ Parking System Technician A245 7/9/2021 AFSCME 34.16$ 35.87$ 37.66$ 39.54$ 41.52$ Parks and Recreation Deputy Director M840 7/9/2021 MID MGMT 70.19$ 73.70$ 77.38$ 81.25$ 85.31$ Payroll Administrator M785 7/9/2021 MID MGMT 44.13$ 46.34$ 48.66$ 51.09$ 53.64$ Permit Technician A460 7/9/2021 AFSCME 38.86$ 40.80$ 42.84$ 44.99$ 47.24$ Permit Technician - Senior A700 7/9/2021 AFSCME 41.34$ 43.40$ 45.57$ 47.85$ 50.24$ Planner - Associate M125 7/9/2021 MID MGMT 43.25$ 45.41$ 47.68$ 50.07$ 52.57$ Planner - Principal M590 7/9/2021 MID MGMT 57.55$ 60.43$ 63.45$ 66.63$ 69.96$ Planner - Senior M335 7/9/2021 MID MGMT 53.56$ 56.24$ 59.05$ 62.01$ 65.11$ Planner- Associate - Hourly X125 7/9/2021 HOURLY 43.25$ 45.41$ 47.68$ 50.07$ 52.57$ Planner- Senior - Hourly X335 7/9/2021 HOURLY 53.56$ 56.24$ 59.05$ 62.01$ 65.11$ Planning Technician A462 7/9/2021 AFSCME 38.85$ 40.80$ 42.83$ 44.98$ 47.23$ Plant Electrician I D105 7/9/2021 WQCP OP ENG 40.14$ 42.15$ 44.25$ 46.47$ 48.79$ Plant Electrician I - Hourly X500 7/9/2021 HOURLY 40.14$ 42.15$ 44.25$ 46.47$ 48.79$ Plant Electrician II D140 7/9/2021 WQCP OP ENG 44.16$ 46.37$ 48.68$ 51.12$ 53.67$ Plant Maintenance Supervisor M745 7/9/2021 MID MGMT 56.55$ 59.37$ 62.34$ 65.46$ 68.73$ Plant Mechanic - Apprentice D220 7/9/2021 WQCP OP ENG 32.10$ 34.56$ 37.03$ 39.50$ 41.97$ 44.44$ 46.91$ 49.38$ Plant Mechanic - Hourly X355 7/9/2021 HOURLY 36.91$ 38.76$ 40.70$ 42.73$ 44.87$ Plant Mechanic- Assistant - Hourly X135 7/9/2021 HOURLY 32.77$ 34.41$ 36.13$ 37.93$ 39.83$ Plant Mechanic I D130 7/9/2021 WQCP OP ENG 36.91$ 38.76$ 40.70$ 42.73$ 44.87$ Plant Mechanic II D135 7/9/2021 WQCP OP ENG 40.62$ 42.65$ 44.79$ 47.03$ 49.38$ Plant Mechanic- Lead D180 7/9/2021 WQCP OP ENG 45.78$ 48.07$ 50.48$ 53.00$ 55.65$ Plant Operator - Apprentice D100 7/9/2021 WQCP OP ENG 30.74$ 33.10$ 35.47$ 37.83$ 40.19$ 42.56$ 44.92$ 47.29$ Plant Operator I D145 7/9/2021 WQCP OP ENG 35.36$ 37.13$ 38.99$ 40.94$ 42.98$ Plant Operator I - Contract Ft X145 7/9/2021 HOURLY 35.36$ 37.13$ 38.99$ 40.94$ 42.98$ Plant Operator I - Hourly X140 7/9/2021 HOURLY 35.36$ 37.13$ 38.99$ 40.94$ 42.98$ Plant Operator II D150 7/9/2021 WQCP OP ENG 38.90$ 40.85$ 42.89$ 45.04$ 47.29$ Plant Operator II - Hourly X530 7/9/2021 HOURLY 38.90$ 40.85$ 42.89$ 45.04$ 47.29$ Plant Operator III D200 7/9/2021 WQCP OP ENG 40.84$ 42.88$ 45.02$ 47.27$ 49.64$ Plant Operator- Lead D190 7/9/2021 WQCP OP ENG 44.93$ 47.17$ 49.53$ 52.01$ 54.61$ Plant Superintendent M355 7/9/2021 MID MGMT 73.27$ 76.94$ 80.78$ 84.82$ 89.06$ Plant Superintendent - Assistant M465 7/9/2021 MID MGMT 59.80$ 62.79$ 65.93$ 69.23$ 72.69$ Plant Utility Worker D125 7/9/2021 WQCP OP ENG 32.36$ 33.98$ 35.68$ 37.46$ 39.34$ Plant Utility Worker - Hourly X490 7/9/2021 HOURLY 32.36$ 33.98$ 35.68$ 37.46$ 39.34$ Police Captain M280 7/9/2021 PSM POLICE 94.31$ 99.02$ 103.97$ 109.17$ 114.63$ Police Chief - Deputy M765 7/9/2021 PSM POLICE 90.94$ 95.49$ 100.26$ 105.28$ 110.54$ Police Communications & Records Manager M285 7/9/2021 MID MGMT 58.80$ 61.74$ 64.83$ 68.07$ 71.47$ Police Corporal C100 7/9/2021 PO SWORN 61.44$ 62.98$ 64.55$ 66.17$ Police Court Liaison - Hourly X193 7/9/2021 HOURLY 27.90$ 29.29$ 30.76$ 32.29$ 33.91$ Police Lieutenant M275 7/9/2021 PSM POLICE 79.73$ 83.72$ 87.90$ 92.30$ 96.91$ Police Media Technician C220 7/9/2021 PO NONWORN 31.35$ 32.92$ 34.57$ 36.30$ 38.11$ Police Officer C115 7/9/2021 PO SWORN 45.89$ 49.10$ 52.54$ 56.22$ 60.15$ Police Property / Evidence Specialist C110 7/9/2021 PO NONWORN 30.60$ 32.13$ 33.74$ 35.42$ 37.19$ Police Property/Evidence Assistant - Hourly X190 7/9/2021 HOURLY 27.90$ 29.29$ 30.76$ 32.29$ 33.91$ Steps are listed as hourly rates, except where otherwise specified Page 4 of 5 EXHIBIT A City of South San Francisco | Salary Schedule Effective 7/9/2021 EXHIBIT A JOB TITLE JOB CODE EFFECTIVE DATE UNIT STEP 1 STEP 2 STEP 3 STEP 4 STEP 5 STEP 6 STEP 7 STEP 8 Police Records Specialist C105 7/9/2021 PO NONWORN 28.28$ 29.69$ 31.18$ 32.73$ 34.37$ Police Records Specialist - Hourly X191 7/9/2021 HOURLY 28.28$ 29.69$ 31.18$ 32.73$ 34.37$ Police Records Specialist - Senior C180 7/9/2021 PO NONWORN 29.79$ 31.27$ 32.84$ 34.48$ 36.20$ Police Records Specialist - Supervising C200 7/9/2021 PO NONWORN 32.52$ 34.15$ 35.86$ 37.65$ 39.53$ Police Recruit C190 7/9/2021 PO SWORN 44.99$ Police Reserve Officer - Hourly X325 7/9/2021 HOURLY 47.75$ Police Sergeant C165 7/9/2021 PO SWORN 65.93$ 67.58$ 69.27$ 71.00$ 72.78$ Police Service Technician C125 7/9/2021 PO NONWORN 29.11$ 30.56$ 32.09$ 33.70$ 35.38$ Police Service Technician - Hourly X192 7/9/2021 HOURLY 29.11$ 30.56$ 32.09$ 33.70$ 35.38$ Preschool Teacher I A495 7/9/2021 AFSCME 22.75$ 23.89$ 25.08$ 26.34$ 27.66$ Preschool Teacher I - Hourly X690 7/9/2021 HOURLY 22.75$ 23.89$ 25.08$ 26.34$ 27.66$ Preschool Teacher II A680 7/9/2021 AFSCME 25.03$ 26.28$ 27.60$ 28.98$ 30.43$ Preschool Teacher II - Hourly X680 7/9/2021 HOURLY 25.03$ 26.28$ 27.60$ 28.98$ 30.43$ Program Manager M750 7/9/2021 MID MGMT 56.38$ 59.20$ 62.16$ 65.27$ 68.54$ Public Works Administrator M795 7/9/2021 MID MGMT 55.51$ 58.29$ 61.20$ 64.26$ 67.48$ Public Works Deputy Director M820 7/9/2021 MID MGMT 70.19$ 73.70$ 77.38$ 81.25$ 85.31$ Public Works Inspector A310 7/9/2021 AFSCME 43.96$ 46.16$ 48.47$ 50.89$ 53.44$ Public Works Maintenance Worker A275 7/9/2021 AFSCME 28.71$ 30.14$ 31.65$ 33.23$ 34.90$ Public Works Maintenance Worker - Hourly X345 7/9/2021 HOURLY 28.71$ 30.14$ 31.65$ 33.23$ 34.90$ Public Works Maintenance Worker - Lead A200 7/9/2021 AFSCME 34.16$ 35.87$ 37.66$ 39.54$ 41.52$ Public Works Maintenance Worker - Senior A360 7/9/2021 AFSCME 30.76$ 32.30$ 33.91$ 35.61$ 37.39$ Recreation & Community Services Prog Coor - Hourly X700 7/9/2021 HOURLY 31.52$ 33.10$ 34.75$ 36.49$ 38.32$ Recreation & Community Services Program Coord M530 7/9/2021 MID MGMT 31.52$ 33.10$ 34.75$ 36.49$ 38.32$ Recreation & Community Services Supervisor M295 7/9/2021 MID MGMT 45.02$ 47.27$ 49.64$ 52.12$ 54.72$ Recreation Instructor - Hourly X350 7/9/2021 HOURLY 15.71$ 39.14$ Recreation Leader I - Hourly X360 7/9/2021 HOURLY 15.69$ 16.48$ 17.30$ 18.17$ 19.08$ Recreation Leader II A610 7/9/2021 AFSCME 17.18$ 18.04$ 18.95$ 19.89$ 20.89$ Recreation Leader II - Hourly X365 7/9/2021 HOURLY 17.18$ 18.04$ 18.95$ 19.89$ 20.89$ Recreation Leader III A620 7/9/2021 AFSCME 18.64$ 19.57$ 20.55$ 21.58$ 22.66$ Recreation Leader III - Hourly X370 7/9/2021 HOURLY 18.64$ 19.57$ 20.55$ 21.58$ 22.66$ Recreation Leader IV A515 7/9/2021 AFSCME 20.68$ 21.72$ 22.80$ 23.95$ 25.14$ Recreation Leader IV - Hourly X375 7/9/2021 HOURLY 20.68$ 21.72$ 22.80$ 23.95$ 25.14$ Safety Inspector - Hourly X181 7/9/2021 HOURLY 53.33$ 55.99$ 58.79$ 61.73$ 64.82$ Safety Inspector I B200 7/9/2021 IAFF 53.33$ 55.99$ 58.79$ 61.73$ 64.82$ Safety Inspector II B195 7/9/2021 IAFF 58.63$ 61.56$ 64.64$ 67.87$ 71.27$ Safety Inspector III B190 7/9/2021 IAFF 63.06$ 66.22$ 69.53$ 73.00$ 76.65$ Sweeper Operator A370 7/9/2021 AFSCME 33.42$ 35.09$ 36.85$ 38.69$ 40.62$ Technical Services Supervisor M735 7/9/2021 MID MGMT 56.12$ 58.93$ 61.87$ 64.97$ 68.22$ Tree Trimmer A375 7/9/2021 AFSCME 34.42$ 36.14$ 37.95$ 39.85$ 41.84$ Van Driver A510 7/9/2021 AFSCME 17.57$ 18.45$ 19.38$ 20.34$ 21.36$ Van Driver - Hourly X555 7/9/2021 HOURLY 17.57$ 18.45$ 19.38$ 20.34$ 21.36$ Steps are listed as hourly rates, except where otherwise specified Page 5 of 5 City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-516 Agenda Date:7/14/2021 Version:1 Item #:15. Report regarding an ordinance adding Chapter 2.83 to the South San Francisco Municipal Code establishing a Youth Commission.(Ashley Crociani, Policy Analyst) RECOMMENDATION Staff recommends that the City Council introduce an Ordinance adding Chapter 2.83 to the South San Francisco Municipal Code establishing a Youth Commission. BACKGROUND/DISCUSSION South San Francisco’s first Youth Commission began on July 15,1981,with the goal of providing City Council input and advice from the youth community.On October 5,1988,the Youth Commission became inactive due to the ongoing lack of quorum and on July 12,1989,staff recommended that the City Council disband the City’s Youth Commission. The current Youth Advisory Council (YAC)was created in 2018 by former Councilmember Karyl Matsumoto. The YAC currently has 19 members between the ages of 13 to 21,and members either attend South San Francisco schools or live in South San Francisco city limits.The YAC has worked on projects such as voter registration booths,Concert in the Park,Donuts for Democracy,and others.However,members of the YAC hope to evolve the Commission from an informal council to a recognized city commission that is able to submit recommendations,advise City Council,promote cooperation with the school district,and hold and conduct forums on issues, activities, and concerns of youth. The proposed ordinance establishes a 15-member Youth Commission,composed of members aged 14 to 22 who live within the limits of South San Francisco or the South San Francisco Unified School District (“SSFUSD”). Upon formation by City Council,the proposed ordinance states the initial members of the new Youth Commission will be the same 23 members of the existing YAC,serving an initial term of one year from the effective date of the ordinance.After the initial one-year term,City Council will advertise for applicants and appoint Youth Commission members as with all other city boards and commissions,striving to maintain geographic representation of South San Francisco’s neighborhoods.Appointed members serve a term of two years. The Youth Commission shall hold regular meetings at least once every two months. If a vacancy occurs on the Commission,the City Council shall appoint an individual to serve the remaining unexpired term of the former incumbent.The City Council may also choose not to fill a vacancy created by the resignation or disqualification of an initial member of the Commission if the total membership of the Commission is greater than the maximum number of members. The Commission will be an advisory body to the City Council.The fundamental responsibility shall be to advise and make recommendations to the City Council on issues affecting the community through a youth City of South San Francisco Printed on 7/15/2021Page 1 of 2 powered by Legistar™ File #:21-516 Agenda Date:7/14/2021 Version:1 Item #:15. focused lens. The Youth Commission will be responsible for: ·Identifying the concerns and needs of the children and youth of South San Francisco ·Examining existing social, economic, educational, and recreational programs for children and youth ·Developing and proposing plans that support or improve such programs ·Making recommendations to the City Council The Commission will report to the City Council on the activities,goals,and accomplishments of the Commission at least once each fiscal year, beginning in Fiscal Year 2021-22. FISCAL IMPACT There is no fiscal impact associated with the administration of this commission as the printing of agenda packets and staff-time to prepare agenda materials and meetings is nominal and can be absorbed into the City’s regular operating budget. As currently drafted,all commissioners would receive a $50 stipend for each regular meeting attended under the proposed ordinance.Assuming all 19 members want to serve on the Youth Commission the first year would cost a total of $11,400.Subsequent years would result in an annual cost of approximately $9,000 based on the compensation paid to all 15 members. CONCLUSION Staff recommends that the City Council introduce and waive further reading of an ordinance adding Chapter 2.83 to the South San Francisco Municipal Code.This ordinance would establish a Youth Commission to ensure that the City of South San Francisco is receiving the perspective of the youth community. City of South San Francisco Printed on 7/15/2021Page 2 of 2 powered by Legistar™ Agenda Item 15. 21-516 Report regarding an ordinance adding Chapter 2.83 to the South San Francisco Municipal Code establishing a Youth Commission. (Ashley Crociani, Policy Analyst) Legislation Text 2 Public Comments Guest User at July 14, 2021 at 3:17pm PDT As a YAC member for the past three years, I'm thankful to have been in this space learning about city government and providing input into decisions from a "youth perspective" in various departments. I hope the Youth Commission both maintains that tradition and builds upon it, as the Youth Commission should be a platform for South City youth that is both accessible to them and representative of them. I'm grateful for the opportunity I had to participate in the pilot youth advisory council and am looking forward to see what the Youth Commission will accomplish should it be created. Thank you for your time. Denton Murphy at July 14, 2021 at 11:56am PDT Support I would like to voice my support for the Youth Commission. I think giving our young citizens a chance to participate and help shape local policy is a great thing and something the council should support. Thank you for your time. City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-518 Agenda Date:7/14/2021 Version:1 Item #:15a. Ordinance adding Chapter 2.83 to Title 2 of the South San Francisco Municipal Code related to the establishment of a Youth Commission WHEREAS,the City Council of the City of South San Francisco sees the need for input and advice from the youthful community; and WHEREAS,the youthful community of South San Francisco would benefit by a vehicle for communication with the municipal government of South San Francisco; and WHEREAS,the City Council believes the need exists for the issues of youth to be handled in a positive manner with programs that benefit both the City Council and the youthful community. NOW,THEREFORE,THE CITY COUNCIL OF THE CITY OF SOUTH SAN FRANCISCO,DOES HEREBY ORDAIN AS FOLLOWS: SECTION 1.The City of South San Francisco finds that all recitals are true and correct and are incorporated herein by this reference. SECTION 2.A new Chapter 2.83 of Title 2 of the City of South San Francisco Municipal Code is adopted to read as follows: 2.83.010 Establishment; Composition; Appointment; Qualifications The Youth Commission is established. The Youth Commission shall consist of a maximum of 15 members,except upon creation,as described in section 2.83.020 of this chapter. The City Council shall appoint the members of the Commission. Members of the Commission shall be at least 14 and no more than 22 years of age and either live within the limits of the City of South San Francisco or the South San Francisco Unified School District (“SSFUSD”).If a Commission member lives outside of the City limits but inside SSFUSD they must either be enrolled in or have graduated from a SSFUSD school.In selecting Commission members,the City Council shall strive to maintain geographic representation of South San Francisco’s neighborhoods. 2.83.020 Initial Membership The initial membership of the Commission shall consist of all members of the former City of South San Francisco Youth Advisory Council who choose to continue to serve.As the initial members of the CommissionCity of South San Francisco Printed on 7/15/2021Page 1 of 5 powered by Legistar™ File #:21-518 Agenda Date:7/14/2021 Version:1 Item #:15a. Francisco Youth Advisory Council who choose to continue to serve.As the initial members of the Commission age out,resign,or are not reappointed,the membership will decrease until it is less than the maximum established in section 2.83.010(b)of this chapter.At that point,the maximum membership will apply going forward. 2.83.030 Terms Except for initial members of the Commission,the term of each member of the Commission shall be two years and until a successor is appointed and qualified. The initial term of members of the Commission shall be one year.After initial members of the Commission have served for one year, they may each be reappointed for a term of two years. 2.83.040 Vacancies If a vacancy occurs on the Commission,the City Council shall appoint an individual to serve the remaining unexpired term of the former incumbent.Notwithstanding the immediately preceding sentence,the City Council may choose not to fill a vacancy created by the resignation or disqualification of an initial member of the Commission if the total membership of the Commission is greater than the maximum set forth in section 2.83.010(b) of this chapter. 2.83.050 Chairperson, Vice-Chairperson, Secretary At the first meeting of each School Year,the Commission shall elect a Chairperson and a Vice-Chairperson. The term of said offices shall be one year. The Vice Chairperson shall serve in the absence of the Chairperson. A member of City staff designated by the City Manager shall serve as Commission Secretary. 2.83.060 Meetings The Commission shall hold regular meetings at least once every two months.It shall provide in its bylaws or by resolution for the time and place of its regular meetings. A majority of the then-serving members of the Commission shall constitute a quorum. All meetings of the Commission shall be open to the public and comply with the Brown Act (California Government Code sections 54950 et seq.). If the day designated as a regular,adjourned regular,special or study meeting falls upon a legal holiday,the Commission shall meet upon the next succeeding day which is not a holiday unless otherwise ordered by the Commission. The Commission may create,amend,and repeal its own bylaws or otherwise establish rules of procedure and other rules for the conduct of its business by resolution. The Secretary of the Commission shall ensure the preparation and maintenance of minutes of the business City of South San Francisco Printed on 7/15/2021Page 2 of 5 powered by Legistar™ File #:21-518 Agenda Date:7/14/2021 Version:1 Item #:15a. The Secretary of the Commission shall ensure the preparation and maintenance of minutes of the business conducted and actions taken by the Commission. 2.83.060 Compensation Members of the Commission shall be eligible for a stipend in an amount established by the City Council.Each member of the Commission may decline the stipend. 2.83.070 Attendance at meetings Commission members may be removed by a majority vote of the City Council following three excused or two unexcused absences during the course of one fiscal year.An absence is considered excused when a Commission member notifies the Secretary of the intended absence at least twenty-four hours prior to the scheduled meeting time. All other absences are considered unexcused. 2.83.080 Commission roles and responsibilities The Commission shall be an advisory body to the City Council.The fundamental responsibility of the Commission shall be to advise and make recommendations to the City Council on issues affecting the community through a youth focused lens. The Commission’s role includes, but is not limited to, the following: Identify the concerns and needs of the children and youth of South San Francisco;examine existing social, economic,educational,and recreational programs for children and youth;develop and propose plans that support or improve such programs; and make recommendations thereon to the City Council. Identify the unmet needs of South San Francisco's children and youth through personal contact with these young people,school officials,leaders of religious organizations,and others;and hold public forums in which both youth and adults are encouraged to participate. Elicit the interest,support,and mutual cooperation of private groups (such as fraternal orders,service clubs, associations,religious organizations,businesses,and youth organizations)and City-wide neighborhood planning collaborative efforts for children,youth and families that initiate and sponsor recommendations that address the social,economic,educational,and recreational needs of children and youth in South San Francisco. Advise the City Council about how such recommendations could be coordinated in the community to eliminate duplication in cost and effort. Hold and conduct forums on such problems,activities,and concerns of youth in which various governmental, and private groups,and other community organizations,may be invited to participate to the extent the commission deems such desirable. Advise about available sources of governmental and private funding for youth programs. Submit recommendations to the City Council about juvenile crime prevention,job opportunities for youth, recreational activities for teenagers,intergenerational programs,opportunities for effective participation by youth in the governmental process,and changes in City ordinances and regulations that are necessary to City of South San Francisco Printed on 7/15/2021Page 3 of 5 powered by Legistar™ File #:21-518 Agenda Date:7/14/2021 Version:1 Item #:15a. improve the social, economic, educational, and recreational advantages of children and youth. Respond to requests for comment and recommendation on matters referred to the Commission by officers, departments,agencies,boards,commissions,and advisory committees of the City,as well as regional governmental organizations seeking input from children and youth regarding their projects and programs. Report to the City Council on the activities,goals,and accomplishments of the Commission at least once each fiscal year, beginning in fiscal year 2021-2022. 2.83.090 City Council consideration of Commission proposals The City Council will receive and consider proposals,suggestions,and ideas initiated by the Commission, subject to scheduling on the City Council agenda to accommodate other City Council business. 2.83.100 Commission use of social media The Commission may operate and maintain its own social media accounts subject to the limits in this section. Posts on the Commission’s social media accounts shall clearly identify that they represent the view of the Commission and not the City Council or City. Posts on the Commission social media accounts shall reflect the consensus or majority view of the Commission and not the views of the individual responsible for each post. The Commission shall include in its bylaws or by resolution approve guidelines for the use of its social media accounts by members of the commission.The Commission’s social media guidelines shall be developed in consultation with the Secretary and City Attorney,and shall to the extent practicable,be consistent with the City’s policies regarding use of social media. 2.83.110 Commission expression of views The City Council encourages the Commission and its members to freely express their views,even when those views are not the same as the views of the City Council or individual members of the Council.Members of the Commission may not always agree with each other or the City Council or members of the City Council.Open and respectful communication of ideas is important and valued.Members of the Commission do not speak for the Commission as a whole unless authorized to do so by a vote of the Commission or when reflecting the consensus or majority view of the Commission.As an advisory body to the City Council,the Commission and its members are expected to observe the City’s rules of decorum and to deal with the public,City staff,and the City’s elected and appointed officials in a manner that maintains a working relationship that enables ongoing collaboration for the public benefit. SECTION 3.Severability If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid,the remainder of the ordinance and the application of such provision to other persons or circumstances shall not be affected thereby. City of South San Francisco Printed on 7/15/2021Page 4 of 5 powered by Legistar™ File #:21-518 Agenda Date:7/14/2021 Version:1 Item #:15a. SECTION 4.Publication and Effective Date Pursuant to the provisions of Government Code Section 36933,a summary of this Ordinance shall be prepared by the City Attorney.At least five (5)days prior to the Council meeting at which this Ordinance is scheduled to be adopted,the City Clerk shall (1)publish the Summary,and (2)post in the City Clerk’s Office a certified copy of this Ordinance.Within fifteen (15)days after the adoption of this Ordinance,the City Clerk shall (1) publish the summary,and (2)post in the City Clerk’s Office a certified copy of the full text of this Ordinance along with the names of those City Council members voting for and against this Ordinance or otherwise voting. This Ordinance shall become effective thirty (30) days from and after its adoption. City of South San Francisco Printed on 7/15/2021Page 5 of 5 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-474 Agenda Date:7/14/2021 Version:1 Item #:16. Closed Session: Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Properties: 201 Linden Avenue Agency Negotiators: Alex Greenwood, Director of Economic and Community Development; Nell Selander, Deputy Director of Economic and Community Development; and Julie Barnard, Economic Development Coordinator Negotiating Parties: Giorgi Family Trust Under Negotiation: Price and Terms City of South San Francisco Printed on 7/9/2021Page 1 of 1 powered by Legistar™ City of South San Francisco Legislation Text P.O. Box 711 (City Hall, 400 Grand Avenue) South San Francisco, CA File #:21-475 Agenda Date:7/14/2021 Version:1 Item #:17. Closed Session: Conference with Real Property Negotiators (Pursuant to Government Code Section 54956.8) Properties: 201 Baden Avenue (APN 012-335-100 and APN 012-335-110) Agency Negotiators:Alex Greenwood,ECD Director;Nell Selander,ECD Deputy Director;and Julie Barnard, Economic Development Coordinator Negotiating Parties: Firehouse Work, LLC and Eden Housing. Under Negotiation: Review of Price and Terms City of South San Francisco Printed on 7/9/2021Page 1 of 1 powered by Legistar™