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HomeMy WebLinkAboutItem E ad &E 1 AGENDA STAFF REPORT am' ,y° `,Elti FORIt DATE: December 12, 2016 TO: Honorable Mayor and City Council THRU: Jill R. Ingram, City Manager FROM: Patrick Gallegos, Assistant City Manager SUBJECT: APPROVE THE MEMORANDA OF UNDERSTANDING WITH THE SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION, THE SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION, AND THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE CITY'S MID- MANAGEMENT AND CONFIDENTIAL EMPLOYEES FOR THE PERIOD OF JULY 1, 2016 THROUGH JUNE 30, 2019, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME, APPROVE 2% COLA SALARY INCREASE AND ONE-TIME $1,000 PAYMENT SUMMARY OF REQUEST: That the Council adopt Resolution No. 6702 approving the Memoranda of Understanding with the Seal Beach Marine Safety Management Association (SBMSMA), the Seal Beach Supervisors and Professionals Association (SBSPA), and the terms and conditions of employment for the City's; Mid- Management and Confidential employees for the period of July 1, 2016 through June 30, 201.9, and authorizing the City Manager to execute the same, approving a 2% salary increase and authorizing a one-time payment of $1,000. BACKGROUND AND ANALYSIS: In May of 2016, the City and some labor groups began discussion for a new Memorandum of Understanding between the City and each group. The City has met and collectively bargained in good faith with the Seal Beach Supervisors & Professionals Association (SBSPA), and the. Seal Beach Marine Safety Management Association (SBMSMA)• as to wages, hours, and working conditions'. The MOUs for the Seal Beach Police Officers Association and Seal Beach Police Management Association are still in their respective terms. Based upon such collective bargaining, the City and each of the bargaining groups have drafted a Memoranda Of Understanding (MOU). Agenda Item E The terms and conditions of a. tentative agreement were reached between the City and each of the bargaining groups. The MOUs attached to Resolution No 6702, incorporate the terms and conditions of the agreements. Each bargaining group has accepted the terms, conditions and provisions set forth in its MOU, and its authorized representatives have executed that MOU. The MOU has a retroactive term of July 1 , 2016 through June 30, 2019. The majority of the terms within the agreement remain similar to the previous Memorandum. of Understanding. The employees within each of the bargaining groups will continue to pay 7% of the employee contribution to the PERS retirement through the term of the new agreements. It should also be noted that the employees' voluntary contribution to their retirement saved the City approximately $657,346 from 2013 to 2016. To address Mich-management and Confidential employees, a proposal has been drafted proposing Resolution No 6702, which includes the terms and conditions of employment for those employees. Mid-Management and Confidential employees will continue to fund 7% of the PERS retirement through the term of their agreement. Lastly, the City's Marine Safety Lieutenant and two Marine Safety Officers submitted a request to the City to form their own bargaining group, the Seal Beach Marine Safety Management Association (SBMSMA). The City accepted the formation request since these positions, much like the Police Officers' Association and Police Management Association, have unique public safety elements that were not being addressed in their former labor groups, the Mid- Managers and SBSPA. In order to preserve equity amongst the public safety groups, it is recommended that Council consider adoption of the SBMSMA MOU. In the. existing MOUs, these groups are entitled to a cost of living adjustment, effective July 1 , 2016, of up to 3%, with a 2% increase effective July 1 , 2016. In addition, in-lieu of more substantial wage increases across the board, the City Council is asked to approve a one-time payment of $1 ,000 this year only. Redline versions of each of the 'MOUs and Terms and Conditions are available for download on the City's website at www.sealbeachca.00v (City Clerk's webpage) and hard copies are available at the City Clerk's office. ENVIRONMENTAL IMPACT: There is no Environmental Impact related to this item. LEGAL ANALYSIS: No legal analysis is required for this item. Page 2 FINANCIAL IMPACT: Approval of this resolution will have a financial impact of $27,240 for the remainder of FY 2016 - 2017. At the end of the FY 2015 - 2016 $100,000 was set aside for negotiations in anticipation of a successful conclusion to the negotiation process. The one-time payment will come from this funding source. The FY 2016 — 2017 Budget was adopted with an assumed CPI increase,of 2% for salaries which is exactly what is being proposed. Based upon the set aside and the funding in the current budget there is no budgetary impact. In subsequent years, funds will be appropriated through the budget process. RECOMMENDATION: That the Council adopt Resolution No. 6702 establishing the memoranda of understanding with the Seal Beach Marine Safety Management Association (SBMSMA), the Seal Beach Supervisors and Professionals Association (SBSPA), and the terms and conditions of employment for the City's Mid- Management and Confidential employees for the period of July 1 , 2016 through June 30, 2019, and authorizing the City Manager to execute the same, approving a 2% COLA salary increase and a one-time $1,000 payment. SUBMITTED BY: NOTED AND APPROVED:// Patrick Gallegos . Ingram, City 'iT ager Assistant City Manager Attachment(s): A. Resolution No. 6702 B. Exhibit A—SBSPA MOU C. Exhibit B—SBMSMA MOU D. Exhibit C — Mid-Managers & Confidential Terms and Conditions Page 3 Attachment "A" • RESOLUTION NUMBER 6702 A RESOLUTION OF THE SEAL BEACH CITY COUNCIL APPROVING MEMORANDA. OF UNDERSTANDING WITH THE SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION, THE SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION, AND THE TERMS AND CONDITIONS OF EMPLOYMENT FOR THE CITY'S MID- MANAGEMENT AND CONFIDENTIAL EMPLOYEES FOR THE PERIOD OF JULY 1, 2016 THROUGH JUNE 30, 2019, AND AUTHORIZING THE CITY MANAGER TO EXECUTE THE SAME THE CITY COUNCIL HEREBY RESOLVES AS FOLLOWS: WHEREAS, the City of Seal Beach values the work of all its employees and seeks to maintain fair and mutually beneficial terms and conditions of employment for the good of the City and the employees, and WHEREAS, representatives of the City and representatives of each of the bargaining groups named above have met, conferred, and negotiated in' good faith regarding wages, hours and working conditions. As a result of such good faith negotiation, the City and the groups have developed the Memoranda of Understanding ("MOUs") attached hereto as Exhibits A, B, and the Terms and Conditions Document attached hereto as Exhibit C, each of which is incorporated herein by this reference. NOW, THEREFORE, BE IT RESOLVED THAT: SECTION 1 . The MOU between the City of Seal Beach and the Seal Beach Supervisors and Professionals Association dated July 1, 2016 through June 30, 2019 and attached hereto as Exhibit A is hereby approved. SECTION 2. The MOU between the City of Seal Beach and the Seal Beach Marine Safety Management Association dated July 1, 2016 through June 30, 2019 and attached hereto as Exhibit B is hereby approved. SECTION 3. The Terms and Conditions of Employment Document for the City of Seal. Beach Mid-Management and Confidential Employees dated July 1, 2016 through June30, 2019 and attached hereto as Exhibit C is hereby approved. SECTION 4. The City Manager is authorized to execute Exhibits A-C, inclusive, on behalf of the City, and to take the actions necessary to implement them. SECTION 5. The City Clerk shall certify to the passage and adoption of this resolution. PASSED, APPROVED AND ADOPTED by the Seal Beach City Council at a regular meeting held on December 12, 2016 by the following vote: AYES: Council Members NOES: Council Members ABSENT: Council Members ABSTAIN: Council Members Sandra Massa-Lavitt, Mayor ATTEST: Robin L. Roberts, MMC, City Clerk STATE OF CALIFORNIA } COUNTY OF ORANGE } SS CITY OF SEAL BEACH } I, Robin L. Roberts, City Clerk of the City of Seal Beach, do hereby certify that the foregoing resolution is the original copy of Resolution Number 6702 on file in the office,of the City Clerk, passed, approved, and adopted by the City Council at a regular meeting held on December 12, 2016. Robin L. Roberts, MMC, City Clerk Attachment "B" Adopted by Resolution No. 6702 EXHIBIT A :'Z'0l SEA et°° ei • aom ■• • �� ' ittFORN& .: SEAL BEACH SUPERVISORS & PROFESSIONALS ASSOCIATION MEMORANDUM OF UNDERSTANDING ADOPTED: December 12, 2016 EXPIRES: JUNE 30, 2019 Resolution Number 6702 SBSPA TABLE OF CONTENTS SECTION 1: RECOGNITION 5 SECTION 2: CITY RIGHTS Rights/Responsibilities 6 SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE A. Health Insurance Coverage 8 B. Life Insurance 9 C. Income Continuation 9 SECTION 4: RETIREMENT HEALTH INSURANCE 9 SECTION 5: SICK LEAVE 10 SECTION 6: BEREAVEMENT LEAVE 10 SECTION 7: VACATION TIME 11 SECTION 8: HOLIDAYS 12 SECTION 9: RETIREMENT 14 SECTION 10: OVERTIME AND CALL OUT PAY 14 SECTION 11: COMPENSATORY TIME OFF 14 2 of 25 Resolution Number 6702 SBSPA SECTION 12: PROVISIONAL APPOINTMENTS 15 SECTION 13: SENIORITY BONUS 15 SECTION 14: AUTOMOBILES AND MILEAGE 15 SECTION 15: ADMINISTRATIVE LEAVE 16 SECTION 16: JURY DUTY 16 SECTION 17: LIMITATIONS 16 SECTION 18: DEFERRED COMPENSATION 16 SECTION 19: BILINGUAL COMPENSATION 17 SECTION 20: ONE-TIME BONUS PAYMENT 17 SECTION 21: WORK SCHEDULE 17 SECTION 22: TUITION REIMBURSEMENT 18 SECTION 23: COMPENSATION PLAN A. Basic Compensation Plan 18 B. Advancement within Salary Ranges 19 C. Salary Increases 19 D. Salary Decreases 20 E. Adjustments of Salary Ranges 20 3 of 25 Resolution Number 6702 SBSPA F. Salary and Benefits on Suspension 20 G. Salary Adjustments During Term of MOU 20 SECTION 24: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 21 B. Military Leave of Absence 22 C. Pregnancy Disability Leave of Absence 22 D. Family Leave 22 E. Catastrophic Leave 23 SECTION 25: MISCELLANEOUS Lay-off 24 SECTION 26: TERM 24 SECTION;27: APPEALS 24 SECTION 28: REOPENER 24 SECTION 29: RATIFICATION 25 4 of 25 Resolution Number 6702 SBSPA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND SEAL BEACH SUPERVISORS & PROFESSIONALS ASSOCIATION SECTION 1: RECOGNITION A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer" and/or "Management" interchangeably) has recognized for the purpose of this Memorandum of Understanding (MOU), the Seal Beach Chapter of the Supervisors and Professionals Association (SBSPA), an association of employees of the City of Seal Beach, hereinafter referred to as "Association". B. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section 21.G below for the purpose of meeting its obligations under this MOU, the Meyers-Milias- Brown Act, Government Code Section 3500 et seq., when City rules, regulations, or laws affecting wages, hours and/or other terms and conditions of employment are amended or changed. C. The City agrees that the recognized representatives of Association not to exceed 4 in number shall be entitled to meet and confer with City during said recognized representatives' normal working hours without suffering any loss in pay while absent.from the duties for such purpose. City also agrees that such representatives may utilize a total of not more than 3 hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are members of Association and/or other officers of Association. D. City recognizes Association's right to appoint or elect representatives to meet and confer with City's management representatives on salaries, wages, and terms and conditions of employment. Association agrees to notify City in writing as to the identity of the representatives and of subsequent appointments, if any. Association and City agree that employees appointed or elected as Association representatives shall be required to work full time. E. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by employees of City during their respective hours of duty and work unless specified herein. 5 of 25 Resolution Number 6702 SBSPA F. Representatives and/or officers of Association shall not interrupt the work of any employee of City at any time to conduct business or other matters connected with Association without prior consent of Management. G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto. H. The City agrees to deduct from the paycheck of all employees who submit authorization cards and are covered by this MOU voluntary contributions to Democrat, Republican, and Independent Voter Education (D.R.I.V.E.). D.R.I.V.E. shall notify the City of the amounts designated by each contributing employee that are to be deducted from his/her paycheck on a weekly basis for all weeks worked. The phrase "weeks worked" excludes any week other than a week in which the employee earned a wage. No such authorization shall be recognized if in violation of State or Federal law. No deduction shall be made which is prohibited by applicable law. The City shall transmit to: D.R.I.V.E. International Brotherhood of Teamsters 25 Louisiana Avenue, NW Washington, D.C. 20001 SECTION 2: CITY RIGHTS A. Rights/Responsibilities - This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence or nonexistence of facts which are the basis of the management decision(s). 3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means and technology and extent of services to be provided to the public. 5. To determine methods of financing. 6. To determine types of equipment or technology to be used. 6 of 25 Resolution Number 6702 SBSPA 7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted. 8. To determine and change the number of locations, relocations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. 9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to establish and change work schedules and assignments upon reasonable notice insofar as such changes do not conflict with this MOU. 10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive. 11. To establish and modify productivity and performance programs and standards. 12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause. 13. To determine minimum qualifications, skills abilities, knowledge, selection procedures and standards, job classifications and to reclassify employees in accordance with this MOU and applicable resolutions and codes of the City. 14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU and applicable resolutions and codes of the City. 15. To determine policies, procedures and standards for selection, training and promotion of employees in accordance with this MOU and applicable resolutions and codes of the City. 16. To establish reasonable employee performance standards including but not limited to, quality and quantity standards and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operation. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement. 19. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this MOU. 7 of 25 Resolution Number 6702 SBSPA 20. To take any and all necessary action to carry out the mission of the City in emergencies. B. Where the City is .required to make changes in its operations because, of the requirements of law, whenever the contemplated exercise of City Rights shall impact the wages, hours and other terms and conditions of employment of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE A. Health Insurance Coverage 1. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution. For calendar year 2016, CaIPERS has established the minimum PEMHCA contribution at $125 per month per employee. 2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees. 3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the Association during negotiations. For employees participating in the City's cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the cafeteria plan. Beginning January 1, 2016, the monthly flex dollar allowance shall be: For Employee only I $806.68/month For Employee and 1 dependent $1246.68/month For Employee and 2 or more dependents $1612.06/month 4. A portion of the monthly flex dollar allowance is identified as the City's contribution towards PEMHCA. Thus, for example, in calendar year 2016, an employee only monthly flex dollar allowance is $806.68, of that $806.68; $125 has been designated by the City as its required PEMHCA contribution to CaIPERS. The monthly flex dollar allowance may only be used in accordance with the terms of the City's cafeteria plan. 5. Effective January 1, 2017, and every January is' during the term of this agreement, the City shall increase the contribution amounts above by the 8 of 25 Resolution Number 6702 SBSPA average percentage of increase for basic plans published by CaIPERS which sets health insurance premiums for the coverage year. 6. Employees meeting the waiver criteria and electing to waive enrollment in the City's cafeteria plan are eligible to receive $350 per month beginning January 1, 2017 (upon showing proof of medical insurance coverage under an alternative plan). Election forms are available in the Human Resources. 7. Full-time employees covered by this MOU who have completed 30 days of uninterrupted service shall be enrolled in the cafeteria plan on the first day of the next succeeding month. 8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be eligible for participation in the cafeteria plan. 9. City shall not contribute to the cafeteria plan for any employee during any month the employee is on leave of absence without pay or who is absent from regular duties without authorization, for a full calendar month. City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers Compensation Insurance. B. Life Insurance Employees covered by this agreement shall receive a $50,000 term life insurance policy paid by the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. C. Income Continuation Employees covered by this Agreement shall receive a policy to provide for income continuation of 66.67% of the employee's monthly salary, upl to a maximum of $5,000 per month, whichever is lesser. Said insuranceI shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. Said income continuation shall commence on the 31st day of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65. SECTION 4: RETIREMENT HEALTH INSURANCE A. Employees covered by this Agreement shall have the option upon retirement, to continue participation in the City's health insurance program at the employee's expense. 9 of 25 Resolution Number 6702 SBSPA B. Employees covered by this Agreement who were hired before April 13, 2009 by the City, have 20 or more combined years of employment with the City, have reached 55 years of age, and retire after December 31, 2010, shall be provided with individual medical insurance coverage capped at the Kaiser HMO rate. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided capped at the Kaiser HMO rate. A portion of the payment for retiree or retiree and dependents medical insurance is identified as the City's contribution towards PEMHCA. C. On or after January 15' 2008, the City shall contribute to the cost of medical coverage for each eligible retiree and dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution. D. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree. E. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution at time of retirement. SECTION 5: SICK LEAVE A. All full-time employees covered by this MOU shall accrue sick leave at the rate of 1 day (8 hours) per month of service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU, no employee shall receive further accruals once the 520 hour maximum is reached. B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working days. C. Except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon termination. D. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. E. Sick leave balances may not be used to defer a disability retirement. SECTION 6: BEREAVEMENT LEAVE The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The bereavement leave shall not be chargeable to or 10 of 25 Resolution Number 6702 SBSPA accumulated as sick time or leave time. "Immediate family" is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, step-mother, step-father, step-child, mother-in-law, father-in-law, registered domestic partner-in-law or dependent relative living with the employee. SECTION 7: VACATION TIME A. All full-time employees covered by this Agreement, who have passed the employee probationary period (as defined in the Personnel Rules and Regulations, Section 6.01) shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately 160 hours per year. B. Full-time employees covered by this Agreement, who shall have at least five years of continuous service, shall be entitled to 8 additional hours of vacation per year of full-time continuous service for each year of service in excess of 5 years up to a maximum of approximately 160 hours per year. C. The vacation accrual schedule is as follows: Years Vacation Maximum Hourly Annual Service Hours Accrual Rate/Pay Vacation Earned Period Bi-Weekly Hours 1 80 3.0769 80 2 80 3.0769 80 3 80 3.0769 80 4 80 3.0769 80 5 80 3.0769 80 6 88 3.3846 88 7 96 3.6923 96 8 104 4.0000 104 9 112 4.3076 112 10 120 4.6153 120 11 128 4.9230 128 12 136 5.2307 136 13 144 5.5384 144 14 152 5.8461 152 15 160 6.1538 160 .D. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacations. 11 of 25 Resolution Number 6702 SBSPA E. Employees covered by this agreement who are on leaves of absence, without pay, shall not accrue vacation leave hours during said leaves of absence. F. Employees covered by this agreement shall only be allowed to accrue a maximum of 240 hours of vacation. Once this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has taken vacation and the employee's accrued hours drop below the maximum. The maximum can only be exceeded with the approval of the City Manager in writing. G. Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees who have been credited with preexisting leave hours are expected to use a portion of the excess as leave time, in addition to the new vacation hours, each year until the maximum accrual is met. The City recognizes that a number of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will likely take them significantly longer to achieve this goal. It is the intent of this section to balance the personal interests of the employee with the financial concerns of the City; as such, significant progress toward reaching the maximum accrual amounts may be deemed a success. H. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager. Vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies. Not more than once in each fiscal year, an employee who has completed at least 1 year of continuous service shall, upon request, receive compensation for up to 50 hours of accrued vacation time provided that the employee has taken an equal amount of time off within that fiscal year. SECTION 8: HOLIDAYS A. The City agrees to grant all full-time employees a full shift pay for each holiday recognized by City. Every full-time employee of the City shall be granted the following holidays with pay: Holiday Date New Year's Day January 1st Martin Luther King Day 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th 12 of 25 Resolution Number 6702 SBSPA Labor Day First Monday in September Veteran's Day November 11th Thanksgiving Day Fourth Thursday in November Calendar day following Thanksgiving Day Christmas Eve December 24th Christmas Day December 25th *Floating Holiday (discretion of employee) Total of 12 holidays annually *Floating Holiday must be taken during each fiscal year(July 1st through June 30th). Floating holidays must be approved in advance by the Department Head. B. When a holiday falls on a Sunday, the next day (Monday) shall be observed as a holiday. When a holiday falls on a Saturday, the preceding day (Friday) shall be observed as a holiday. C. When a holiday falls on a full-time employee's regularly scheduled day off, the employee shall receive compensatory time off for a full shift in lieu of holiday pay, in keeping with other provisions of this MOU. Example #1: Employee A normally works a 9/80 schedule, and a holiday falls on the employee's Friday off, Employee A would receive 8 hours of compensatory time off. Example #2: Employee B normally works a 9/80 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, or Thursday, Employee B would receive 9 hours of compensatory time off. Example #3: Employee C normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, Thursday, or Friday, Employee C would receive 10 hours of compensatory time off. D. An employee who is required to work on a holiday shall receive pay computed at 11/2 times the employees' basic hourly rate for the number of hours actually worked. Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows: Hours Pay Rate Full-shift holiday pay base hourly rate 6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU 13 of 25 Resolution Number 6702 SBSPA SECTION 9: RETIREMENT A. The retirement program provided by the City shall consist of a pooled Public Employee's Retirement System (PERS) plan, which includes the following Government Code provisions: Section 20042 One Year Final Compensation Section 20965 Credit of Unused Sick Leave Section 21024 Military Service Credit B. Miscellaneous 1 . The Miscellaneous employees shall pay the full 7% of their CaIPERS required contribution of their compensation earnable. 2. The City shall provide PERS Section 21354 - 2% @ 55 for miscellaneous members. 3. New employees/members hired on or after January 1, 2013 as defined by The Public Employees' Pension Reform Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation. SECTION 10: OVERTIME AND CALL OUT PAY A. If work beyond normal workday, workweek or work period is required, the employee who may be asked to perform such overtime shall be notified of the apparent need for such overtime as soon as practicable prior to when the overtime is expected to begin. B. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum "call out" time (when returning to work) shall be 3 hours. Call out time shall start when employee is called to service. C. Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to arrive at an hourly wage. Paid overtime for the pay period is to be submitted and computed with the regular payroll. D. Notwithstanding any provision of this Section, the employee shall be entitled to select either compensated overtime or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 11 of this MOU. SECTION 11: COMPENSATORY TIME OFF (CTO) The maximum (cap) of CTO is 120 hours. Compensatory Time earned in excess of 120 hours will be paid as overtime during the pay period accrued. 14 of 25 Resolution Number 6702 SBSPA SECTION 12:. PROVISIONAL APPOINTMENTS AND ASSIGNMENTS A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume the responsibilities of the higher classification for 80 consecutive working hours and shall be paid according to the step in the assigned salary range of the new position which is a minimum of 5% higher than the salary received before the provisional appointment (not to exceed the top step). B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a higher level of duty and responsibility than provided for in the employee's assigned classification which is not otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the higher level of duties for 80 consecutive working hours; thereafter the employee shall receive additional compensation of 5% so long as the assignment is authorized by the City Manager. SECTION 13: SENIORITY BONUS Employees who have achieved 10 years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the 10th anniversary of their employment. SECTION 14: AUTOMOBILES AND MILEAGE Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the mileage rate established by the Internal Revenue Service (IRS). SECTION 14— A: UNIFORMS & EQUIPMENT/UNIFORM ALLOWANCE A. Public Works Department Employees — Employees in designated classifications working in the Public Works Department shall be entitled to uniform service. The Department Head will designate the uniform and the City will select the vendor. The designated uniform and vendor may be changed from time-to-time, as solely determined by the Department Head or City. The City shall pay the total cost of renting and laundering the uniforms for eligible employees. The designated classifications for uniform service are: Fleet Maintenance Program Manager, Water Services Supervisor, and Maintenance Services Supervisor. The City Manager, in his or her discretion, may add additional classifications or positions/assignments within classifications on recommendation of the Department Head. 15 of 25 Resolution Number 6702 SBSPA B. Safety Shoes — The City will provide employees in the classifications of Fleet Maintenance Program Manager, Water Services Supervisor, and Maintenance Services Supervisor with safety shoes, subject to a maximum of $250 per calendar year. The Department Head will establish and may revise procedures for the purchase of safety shoes and may add additional classifications with concurrence of the City Manager. The program may provide for payment directly to a vendor or vendors selected by the City, may provide for reimbursement of the actual and necessary expense incurred by the eligible employee, or both and will be subject to change within these parameters, as solely determined by the City, from time to time. The Department Head may designate or change the designation of styles, models or specifications for shoes that will be eligible for this benefit. Regardless of other requirements, shoes must meet all applicable safety rules and regulations to be eligible. SECTION 15: ADMINISTRATIVE LEAVE A. Employees shall be entitled to hours equivalent to two work days of administrative leave during each fiscal year. C. Administrative leave hours may not be carried forward to succeeding years nor may they be turned in for cash value. SECTION 16: JURY DUTY See Personnel Rules and Regulations (Resolution 5446) Section 10.06 (C) for rules on jury duty. SECTION 17: LIMITATIONS A. No employee who is receiving Workers' Compensation payments and benefits is eligible to receive overlapping benefits (except life insurance) stated in this MOU. B. City shall not make any monthly payments for premiums for any insurance benefit listed in this MOU, or uniform allowance, supplemental pay of any type and/or type of bonus on behalf of or to any employee who has been absent without authorization during entire said month or for any employee who has terminated for any reasons whatsoever or who is on leave of absence without pay of who is suspended from duties without pay for the entire said month. SECTION 18: DEFERRED COMPENSATION The City shall contribute the amount of $40 per payroll period into a deferred compensation program for each employee in the Supervisors and Professionals and Technical position classifications. 16 of 25 Resolution Number 6702 SBSPA SECTION 19: BILINGUAL COMPENSATION A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills. B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee's proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual pay. SECTION 20: ONE-TIME BONUS PAYMENT A. At the City's first regular pay period on or after December 12, 2016, the City shall pay to each full-time non-probationary employee (including each employee that passes probation in FY 2015/16) covered by this MOU a one-time bonus of $1,000.00. Said bonus shall be paid by City, at the direction of employee, either as taxable regular compensation or to a deferred compensation fund. Said bonus is to be a one-time bonus only, and not to be considered salary for the purpose of calculating PERS benefits, or to be paid in any succeeding year under this MOU. SECTION 21: WORK SCHEDULE A. At the discretion of the City Manager, work schedules may be altered as needed to accommodate service demand levels of the residents of the City of Seal Beach. B. Holiday Closures—The City Manager may designate up to 5 specific holiday closure work days in each calendar year between Christmas Day and New Year's Day during which employees may be required to take time off, charged to leave without pay, the employee's accumulated compensatory time, vacation, floating holidays, or a combination thereof, as determined by the affected employee. The days must be consecutive for the employee, but may differ between employees. Employees who do not have sufficient accumulated time off in their account to cover the required time off may request, and will be granted, sufficient advance on their vacation accrual to cover the uncovered balance. This advance will be recovered with the next vacation accruals earned by the employee. Time off of work under this provision shall not be deemed a layoff. C. If an employee is required to work on a City Manager designated closure work day, the employee will .receive pay computed at 11 times the employees' basic hourly rate for the number of hours actually worked. Example: Employee A normally works a 9/80 schedule, and is required to work 4 hours on a City Manager designated holiday closure work 17 of 25 Resolution Number 6702 SBSPA day on December 28, 2016. Employee A would earn pay computed as follows: Hours Pay Rate 4 hours work pays 11/2 times the hourly rate, as applicable under the MOU 5 hours leave time Compensatory time, vacation, floating holiday, or combination thereof D: Police Department employees are excluded from this provision. SECTION 22: TUITION REIMBURSEMENT A. Employees attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped at the tuition rate of the Cal State. University system for up to 2 semesters of full-time, undergraduate enrollment each calendar year. B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. Example: Employee A attends California State University, Long Beach, for the Spring 2016 semester and completes 2 (3-unit) undergraduate courses with a grade of "C" or better. The tuition reimbursement would be calculated as follows: 2016/2017 State University Tuition $1,587.00 (0-6 units) Required University Fees $ 494.00 (approx.) Parking $ 123.00 Books $ 300.00 (approx.) TOTAL $2504.00 SECTION 23: COMPENSATION PLAN A. Bask Compensation Plan 1. Employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification under this Plan shall be assigned a salary 18 of 25 Resolution Number 6702 SBSPA range adopted by the City Council. The salary schedule shall consist of 5 steps within each range. 2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned range upon the recommendation of the Department Head and with the approval of the City Manager when it is decided that such action is in the best interests of the City. 3. The second step, B step, is a merit adjustment which may be given at the end of the probationary period subject to the recommendation of the Department Head and with the approval of the City Manager. 4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after the completion of 1 year of service at the preceding step. Each adjustment shall be made subject to the recommendation of the Department Head and with the approval of the City Manager. B. Advancement within Salary Ranges 1 . In order to properly compensate an employee, advancement in salary shall be based on merit. 2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City. 3. The Department Head and/or the employee's immediate supervisor shall be responsible to evaluate an employee fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Department Head and with the approval of the City Manager. 4. An employee should be reviewed at least once every 12 months from the effective date of his last performance evaluation, special performance advancement or promotion. Nothing contained herein shall restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from recommending a special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated. C. Salary Increases 1. Promotional Appointment - When an employee is promoted to a position with a higher salary range, the employee shall be compensated at a step of 19 of 25 Resolution Number 6702 SBSPA the salary range assigned to the new position that is closest to providing a 5% salary increase over the base salary received immediately prior to promotion. 2. Temporary Appointment - Employees assigned, in an acting capacity, to a higher classification than the employees' present classification for a period of not less than 80 consecutive working hours shall be entitled to temporary appointment pay. In addition, employees who are assigned by the department director in writing to regularly scheduled acting assignments of less than 80 hours shall also be entitled to temporary appointment pay. Temporary appointment pay will be retroactive to the first hour served in the higher classification and shall be paid at a rate equal to the first step of the higher classification but in no event shall temporary appointment pay be less than 5% more of the employee's current rate. D. Salary Decreases - In the case of a demotion of an employee to a classification with a lower maximum salary, such employee shall be assigned to the appropriate salary step in the new classification as recommended by the Department Head with the approval of the City Manager. The employee shall retain his previous anniversary date. E. Adjustments of Salary Ranges - When a salary range for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing salary adjusted to the same step in the new salary range and their anniversary date shall not be changed. F. Salary and Benefits on Suspension - During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he shall not forfeit his medical health plans, including dental, retirement plan, disability insurance or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits during the period of suspension. G. Salary Adjustments During Term of MOU 1. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council Salary increases are as follows: First pay period on or following July 1, 2016 - Employees shall receive 2% cost of living adjustment. First pay period on or following July 1, 2017 - CPI adjustment, minimum 2% up to 3% maximum, as measured utilizing the change in the Los Angeles - Riverside - Orange County All Urban Consumers Index for the 12 months of April 2016 - April 2017. 20 of 25 Resolution Number 6702 SBSPA First pay period on or following July 1, 2018 - CPI adjustment, minimum 2% up to 3% maximum, as measured utilizing the change in the Los Angeles - Riverside - Orange County All Urban Consumers Index for the 12 months of April 2017 - April 2018. Professionals Grade .` : Job,Classificatigns Account Clerk 9 Accounting Technician 11 Senior Building Technician 13 Executive Assistant 15 Code Enforcement Officer 18 Deputy City Clerk 19 Building Inspector 28 Assistant.Engineer 28 Assistant Planner Supervisory s Grade, ^3, ;Job Classifications 13 Senior Accounting Technician 14 Community Services Coordinator Fleet Maintenance Program 20 Manager 25 Water Services Supervisor 25 Maintenance Services Supervisor SECTION 24: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be granted a level of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed 180 working days. 2. Upon written request of the employee, the City Manager may grant a leave of absence, with or without pay, for a period not to exceed 1 year. 21 of 25 Resolution Number 6702 SBSPA 3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge. 4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically provided for in this MOU, shall contribute to the employee's disability insurance plan, and life insurance plan for the first 30 days of leave of absence. B. Military Leave of Absence 1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees entitled to military leave shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Department Head of such leave request 10 working days in advance of the beginning of the leave. 2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement (if applicable) for the first 3 months of military leave. During said period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance (if applicable). 3. After the first 3 months of military leave, the employee may continue said benefits at his cost. C. Pregnancy Disability Leave of Absence 1 . An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of leave. 2. Disabilities arising out of pregnancy shall be treated the same as • other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay. D. Family Leave - Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees "immediate family" as defined in Section 6. 22 of 25 Resolution Number 6702 SBSPA 1 . Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City. 2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date proceeding the time when the leave is to begin. 3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws. 4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave. 5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws. E. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate vacation, administrative leave, and CTO leave credits on an hour for hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate family. Sick Leave is excluded from this program. The following conditions shall apply to Catastrophic Leave: 1 . Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. 2. The leave pool shall be administered by the Finance Department. 3. Employees must be in regular full-time appointed positions to be eligible to. receive catastrophic leave. 4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program. 5. All donations are to be confidential, between the donating employee and the Finance Department. 6. Employees donating to the pool must have 40 hours of paid leave available after making a donation. 23 of 25 Resolution Number 6702 SBSPA 7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation. 8. Donations will be subject to applicable tax laws. 9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. 10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician's Statement that the presence of the employee is necessary. 11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced by a Physician's Statement as to the employee's condition. SECTION 25: MISCELLANEOUS Layoff: The City is to give.Association 45 days prior notice before the effective date of any layoffs. During this 45 day period, the City will, upon request, meet and confer on the impact of the layoffs. SECTION 26: TERM The Memorandum of Understanding shall remain in full force and effect from December 12, 2016 until midnight, June 30, 2019. SECTION 27: APPEALS A. Employees shall be allowed to appeal written reprimands to the Personnel Officer. Such appeals shall be filed within 14 calendar days. The decision of the Personnel Office shall be final. B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation shall be interpreted to allow employees to present evidence showing the absence was for good cause and that circumstance prevented them from contacting the City. SECTION 28: REOPENER City and Association agrees to reconvene during the terms of this MOU to discuss all fringe benefits, including but not limited to health plans, the implementation of HSA or HRA programs for employee and retiree medical premiums. 24 of 25 Resolution Number 6702 SBSPA SECTION 29: RATIFICATION This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of the duly authorized representatives of the Association. Following such approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council. IN WITNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be executed this th day of , 2016. CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES: Date: Jill R. Ingram, City Manager Date: Patrick Gallegos, Assistant City Manager SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION REPRESENTATIVES: Date: Steven Flower, President Date: Gregorio Daniel, Teamsters Date: Cesar Rangel Date: Joe Acuna 25 of 25 Adopted by Resolution No. 6702 EXHIBIT A OF SEAL 'lc:\ I I ; sm-,t1pFORN`P.-" SEAL BEACH SUPERVISORS & PROFESSIONALS ASSOCIATION MEMORANDUM OF UNDERSTANDING ADOPTED: December a-912, 0122016 EXPIRES: JUNE 30, 20162019 Resolution Number XXXX SBSPA TABLE OF CONTENTS SECTION 1: RECOGNITION 5 SECTION 2: CITY RIGHTS Rights/Responsibilities 6 SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE A. Health Insurance Coverage 8 B. Life Insurance 9 C. Income Continuation 9 SECTION 4: RETIREMENT HEALTH INSURANCE 9 SECTION 5: SICK LEAVE 10 SECTION 6: BEREAVEMENT LEAVE 11 SECTION 7: VACATION TIME 11 SECTION 8: HOLIDAYS 13 SECTION 9: RETIREMENT 14 SECTION 10: OVERTIME AND CALL OUT PAY 15 SECTION 11: COMPENSATORY TIME OFF 15 2of27 Resolution Number XXXX SBSPA SECTION 12: PROVISIONAL APPOINTMENTS 15 SECTION 13: SENIORITY BONUS 16 SECTION 14: AUTOMOBILES AND MILEAGE 16 SECTION 15: ADMINISTRATIVE LEAVE 16 SECTION 16: LIMITATIONS 16 SECTION 17: DEFERRED COMPENSATION 17 SECTION 18: BILINGUAL COMPENSATION 1 SECTION 19: ONE-TIME BONUS PAYMENT if ---{Formatted:Font:Bold SECTION 19: WORK SCHEDULE 17 SECTION 20: TUITION REIMBURSEMENT 18 SECTION 21: COMPENSATION PLAN A. Basic Compensation Plan 18 B. Advancement within Salary Ranges 19 C. Salary Increases 19 D. Salary Decreases 20 E. Adjustments of Salary Ranges 20 F. Salary and Benefits on Suspension 20 G. Salary Adjustments During Term of MOU 20 3 of 27 Resolution Number XXXX SBSPA SECTION 22: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 21 B. Military Leave of Absence 22 C. Pregnancy Disability Leave of'Absence 22 D. Family Leave 22 E. Catastrophic Leave 23 SECTION 23: MISCELLANEOUS Lay-off 24 SECTION 24: TERM 24 SECTION 25: APPEALS 24 SECTION 26: REOPENER 24 SECTION 27: RATIFICATION 25 4 of 27 Resolution Number XXXX SBSPA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND SEAL BEACH SUPERVISORS & PROFESSIONALS ASSOCIATION SECTION 1: RECOGNITION A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended,the City of Seal Beach (hereinafter called the "City" and/or "Employer" and/or "Management" interchangeably) has recognized for the purpose of this.Memorandum of Understanding (MOU), the Seal Beach Chapter of the Supervisors and Professionals Association (SBSPA), an association of employees of the City of Seal Beach, hereinafter referred to as'Association". B. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section.21.G'below for the purpose of meeting its obligations under this MOU, the Meyers-Milias- Brown Act, Government Code Section 3500'etseq., when City rules,regulations, or laws affecting wages, hours and/or other terms and conditions of employment are amended or changed. C. The City agrees that the recognized representatives of Association not to exceed 4 in number shall be entitled to meet and confer with City during said recognized representatives' normal working hours without suffering any loss in • pay while absent from the duties for such purpose. City also agrees that such representatives may utilize a total of not-more than 3 hours per year without suffering any loss in pay for such absence for the, purpose of meeting with employees who are members of Association and/or other officers of Association. D. City recognizes Association's right to appoint or elect representatives to meet and confer with City's management representatives on salaries,wages, and terms and conditions of employment. Association agrees to notify City in writing as to the:idëntiti äf the representatives and of subsequent appointments, if any. Association and City agree that employees appointed or elected as Association representatives shall be required to work full time. E. If is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by employees of City during their respective hours of duty and lwork unless specified herein. 5 of 27 Resolution Number XXXX SBSPA F. Representatives and/or officers of Association shall not interrupt the work of any employee of City at any time to conduct business or other matters connected with Association without prior consent of Management. G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto. H. The City agrees to deduct from the paycheck of all employees who submit authorization cards and are covered by this MOU voluntary contributions to Democrat, Republican, and Independent Voter Education (D.R.I.V.E.). D.R.I.V.E. shall notify the City of the amounts designated by each contributing employee that are to be deducted from his/her paycheck on a weekly basis for all weeks worked. The phrase "weeks worked" excludes any week other than a week in which the employee earned a wage. No such authorization shall be recognized if in violation of State or Federal law. No deduction shall be made which is prohibited by applicable law. The City shall transmit to: D.R.I.V.E. International Brotherhood of Teamsters 25 Louisiana Avenue, NW Washington, D.C. 20001 SECTION 2: CITY RIGHTS A. Rights/Responsibilities - This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include but not be limited to,the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence or nonexistence of facts which are the basis of the management decision(s). 3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means and technology and extent of services to be provided to the public. 5. To determine methods of financing. 6. To determine types of equipment or technology to be used. • 6 of 27 Resolution Number XXXX SBSPA 7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted. 8. To determine and change the number of locations, relocations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. 9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to establish and change work schedules and assignments upon reasonable notice insofar as such changes do not conflict with this MOU. 10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive. 11. To establish and modify productivity and performance programs and standards. 12. To discharge,suspend, demote, reprimand,withhold salary increases and benefits,or otherwise discipline employees for cause. 13. To determine minimum qualifications, skills abilities, knowledge, selection procedures and standards,job classifications and to reclassify employees • in accordance with this MOU and applicable resolutions and codes of the City. 14. To hire,transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU and applicable resolutions and codes of the City. 15. To determine policies, procedures and standards for selection, training and promotion of employees in accordance with this MOU and applicable resolutions and codes of the City. 16. To establish reasonable employee performance standards including but not limited to, quality and quantity standards and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operation. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement. 19. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this MOU. 7of27 Resolution Number XXXX SBSPA 20. To take any and all necessary action to carry out the mission of the City in emergencies. B. Where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of City Rights shall impact the wages, hours and other terms and conditions of employment of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE A. Health Insurance Coverage 1. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the Califomia Public Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution. For calendar year 20132016, CaIPERS has established the minimum PEMHCA contribution at$116 125 per month per employee. 2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees. 3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the Association during negotiations. For employees participating in the City's cafeteria ,plan, each employee shall receivea monthly flex dollar allowance to be used for the purchase of benefits under the cafeteria plan. Beginning January 1,20132016, the monthly flex dollar allowance shall be: I For Employee only $70649806.68/month For Employee and 1 dependent $47088:601246.68/month For Employee and 2 or more dependents $77408,061612.06/month 4. A portion of the monthly flex dollar allowance is identified as the City's contribution towards PEMHCA. Thus, for example, in calendar year 20132016, an employee only monthly flex dollar allowance is $70540806.68, of that $705.10806.68;. $116 125 has been designated by the City as its required PEMHCA contribution to CaIPERS. The monthly flex dollar allowance may only be used in accordance with the terms of the City's cafeteria plan. 5. Effective January 1,20142017,and every January 15'during the term of this agreement, the City shall increase the contribution amounts above by the 8 of 27 Resolution Number XXXX SBSPA average percentage of increase for basic plans published,by CaIPERS which sets health insurance premiums for the coverage year. 6. Employees meeting the waiver criteria and electing to waive enrollment in the City's cafeteria plan are eligible to receive $310 350 per mont beainnina January 1. 2017 (upon showing'proof of medical insurance coverag under an'alternative plan). Election forms are available in the Human Resources. 7. Full'-time employees covered by this MOU who have completed 30 days of uninterrupted_service,shall be enrolled in the cafeteria plan on the first day of the next succeeding month. 8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be eligible for participation in the cafeteria plan. 9. Cityshall-not contribute to the cafeteria plan for any employee during any month the employee is on leave of absence without pay or who is absent from regular duties without authorization, fora'full calendar month. City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers Compensation Insurance. B. Life Insurance Employees covered by this agreement shall receive a $50,000 term life insurance policy paid the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. C. Income Continuation Employees covered by this Agreement shall receive a policy to provide for income continuation of 66.67% of the employee's monthly salary, up to a maximum of $5,000 per month, whichever is lesser. Said insurance shall become effective after`the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. Said income continuation shall commence on the 31st day of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65. SECTION4: RETIREMENT HEALTH INSURANCE A. Employees covered by this Agreement shall have the option upon retirement, to continue..participation in the City's health insurance program at the employee's expense. 9 of 27 Resolution Number XXXX SBSPA • B. Employees covered by this Agreement who were hired before April 13, 2009 by the City, have 20 or more combined years of employment with the City, have reached 55 years of age, and retire after December 31, 2010, shall be provided with individual medical insurance coverage capped at the Kaiser HMO rate. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided capped at the Kaiser HMO rate. A portion of the payment for retiree or retiree and dependents medical insurance is identified as the City's contribution towards PEMHCA. C. On or after January 1st 2008, the City shall contribute to the cost of medical coverage for each eligible .retiree and dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA)minimum contribution. D. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the•retiree. E. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired.employee shall be entitled to •receive in cash each month an amount equal to the City flex contribution at time of retirement. SECTION 5: SICK LEAVE A. All full-time employees covered by this MOU shall accrue sick leave at the rate of•1 day(8 hours)per month of service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU, no employee shall receive further accruals once the 520 hour maximum is reached. B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working days. ••. .. -. _ _. _ _ •_.. __ ..-(commented[PG1]:No anplo}eea niece this aitdia DC. Except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon termination. 10 of 27 Resolution Number XXXX SBSPA D. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. FE. Sick leave balances may not be used to defer a disability retirement. SECTION 6: BEREAVEMENT LEAVE The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The bereavement leave shall not be chargeable to or accumulated as sick time or leave time. "Immediate family"is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, step-mother, step-father, step-child, mother-in-law, father-in-law, registered domestic partner-in-law or dependent relative living with the employee. SECTION 7: VACATION TIME A. All.full-time'employees covered-by this Agreement,whoshal-have-ai--leaet preseding,have passed the employee probationary period '(as defined in the Personnel Rules and Regulations; Section 6:011 shall be granted a vacation wit) pay of approximately 80 hours per yearup to a maximum of:approximately 160 hours per year. B. Full-time employees covered by•this Agreement, who shall have at least five years of coritiñuóus service,shall be.entitled to 8 additional hours of vacation per year of full-time continuous service for each year of service in excess of 5 years up to a maximum of approximately 160 hours per year. C. The vacation accrual schedule is as follows: Years 1 Vacation I Maximum Hourly Annual Service Hours Accrual Rate,/.Pay. Vacation Earned PeriodBi-Weekly Hours 1 80 _ 3.0769 80 2 80 3.0769 80 3 80 3.0769 80 4 80 3.0769 80 5 80 3.0769 80 6 88 3.3846 88 7 96 3.6923 96 8 104 4.0000 104 9 112 4.3076 112 10 120 4.6153 120 11 of 27 Resolution Number XXXX SBSPA 11 128 4.9230 128 12 136 5.2307 136 _ 13 144 5.5384 144 _ 14 152 5.8461 152 15, 160 6.1538 160 D. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacations. E. Employees covered by this agreement who are on leaves of absence, without pay,shall not accrue vacation leave hours during said leaves of absence. F. Employees covered by this agreement shall only be allowed to accrue a maximum of240hours of vacation. Once this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has taken vacation and the employee's accrued hours drop below the maximum. The maximum can only be exceeded with the approval of the City Manager in writing. G. Employees are encouraged to use at least the amount of yacation hours earned each fiscal year. Those employees who have been credited with preexisting leave, hours are expected to use a portion of the excess.as leave time, in addition to the new vacation hours, each year until the maximum accrual is met. The City recognizes that a number of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will likely take them significantly longer to achieve this goal. Itis the intent of this section to balance the personal interests of the employee with the financial concerns of the City; as such, significant progress toward reaching the maximum accrual amounts may be deemed a success. H. Vacation leave time shall not be;approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager. Vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies. I. Not more than once in each fiscal year, an employee who has completed at least 1 year of continuous service shall, upon request, receive compensation for up to 50 hours of accrued vacation time provided that the employee has taken an equal amount of time off within that fiscal year. -(Comm •• :m. •• • • • _ _ _ ` ente [P62]:Gen m leral leave ire no longer exists - 12 of 27 Resolution Number XXXX SBSPA SECTION 8: HOLIDAYS A. The City agrees to grant all full-time employees a full shift pay for each holiday recognized by City. Every full-time employee of the City shall be granted the following holidays with pay: Holiday Date New Years Day January 1st Martin Luther King Day 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Last Monday in May _ Independence Day July 4th Labor Day First Monday in September Veteran's Day November 11th Thanksgiving Day Fourth Thursday in November Calendar day following Thanksgiving Day Christmas Eve December 24th Christmas Day December 25th 'Floating Holiday (discretion of employee) Total of 12 holidays annually 'Floating Holiday must be taken during each fiscal year(July 1st through June 30th). Floating holidays must be aooroved in advance by the Department Head. B. When a holiday falls on a Sunday,the next day(Monday) shall be observed as a holiday. When a holiday falls on a Saturday, the preceding day(Friday) shall be observed as a holiday. C. When a holiday falls on a full-time employee's regularly scheduled day off, the employee shall receive compensatory time off for a full shift in lieu of holiday pay,in keeping with other provisions of this MOU. Example #1: Employee A normally works a 9/80 schedule, and a holiday falls on the employee's Friday off, Employee A would receive 8 hours of compensatory time off. Example #2: Employee B normally works a 9/80 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, or Thursday, Employee B would receive 9 hours of compensatory time off. 13 of 27 Resolution Number XXXX SBSPA Example#3: Employee C normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, Thursday, or Friday, Employee C would receive 10 hours of compensatory time off. D. An employee who is required to work on a holiday shall receive pay computed at.11/2 times the employees' basic hourly rate for the number of hours actually worked. Example: Employee A works 6 hours on Christmas Day. Employee A • would earn pay computed as follows: Hours Pay Rate Full-shift holiday pay base hourly rate 6 hours work pay regular hourly rate or overtime hourly rate,as applicable under MOU SECTION 9: RETIREMENT A. The retirement program provided by the City shall consist of a pooled Public Employee's Retirement System (PERS) plan, which includes the following Government Code provisions: Section 20042 One Year Final Compensation Sedtiom20965 Credit of Unused Sick Leave Section 21024 Military Service Credit B. .Miscellaneous.and-Macine-Safetv-Ernelevees 1. The City Miscellaneous employees shall pay the full 7% of their CaIPERS required contribution of j 7%of their compensation earnable;, • o b. Effodtivo firct pay poriod on or following July 1, 2012: 3% N Yebb-pay 1%) 0 (ErnpIloy %) , - -. .0- (E npleYees-9ay4 ) 14 of 27 Resolution Number XXXX SBSPA a. Effootivo first pay poriod on or following January 1, 2013: 7% b. Effective first pay period on or following July 1, 2013: 5% Evapley000 pay-4%) o. Effoctivo first pay poriod on or following July 1, 2011: 3% €mployees pay 6%) d. Effoctivo first-pay poriod on or following July 1,2015: 2% D. The City shall provide PERS Section 21354 -2% @ 55 for miscellaneous members. E. • New employees/members hired on'or after January 1, 2013 as defined by The Public Employees' Pension Reform Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation. SECTION40: OVERTIME.AND CALL OUT PAY A. If work beyond normal workday, workweek or work period is required, the employee-who may be asked to perform such overtime shall be notified of the apparent need for such overtime as soon as practicable prior to when the overtime is expected to begin. B. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum "call our time (when returning•towork) shall be 3 hours. Call out time shallstart when employee is called to service. C. Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to arrive at an hourly Wage. Paid overtime for the pay period is to be submitted and computed with the regular payroll: D. Notwithstanding any provision of this Section, the employee shall be entitled to-select-either compensated overtime orcompensatoly time off subject to budget limitations, departmental rules and regulations, and Section 11 of this MOU. SECTION 11: COMPENSATORY TIME OFF (CTO) The maximum(cap)of CTO is 120.hours. Compensatory Time earned in excess of 120 hours will be paid as overtime during the pay period accrued. • SECTION.12: PROVISIONAL APPOINTMENTS.AND ASSIGNMENTS 15 of 27 Resolution Number XXXX SBSPA A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume the • responsibilities of the higher classification for 80 consecutive working hours and shall be paid according to the step in the assigned salary range of the new position which is a minimum of 5% higher than the salary received before the provisional appointment (not to exceed the top step). B. When necessary and in the best interest of the City,the City Manager may provisionally assign an employee to a higher level of duty and responsibility than provided for in the employee's assigned classification which is not otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the higher level of duties for 80 consecutive working hours; thereafter the employee shall receive additional compensation of 5% so long as the assignment is authorized by the City Manager. SECTION 13: SENIORITY BONUS Employees who have achieved 10 years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the 10th anniversary of their employment. SECTION 14: AUTOMOBILES AND MILEAGE 1 Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the mileage rate established by the Internal Revenue Service (IRS). SECTION 14—A: UNIFORMS& EQUIPMENT/UNIFORM IAiIOWANCEJ _ - Commented[Pa]:Sidetn @r Agreement.Adopted by Resolution No:6058,May 11'-014 A. Public Works Department Employees — Employees in designated— -- Formatted:Indent:left: 0",First line: 0",Numbered+ classifications working in the Public Works Department shall be entitled to levnCl+Numbering Style:A 0.25" _+ent at: l+ Alignment:Level:1+ Left ern Aligned at ,B,C, +Start a 0.5" uniform service. The Department Head will designate the uniform and the City will select the vendor. The designated uniform and vendor may be changed from time-to-time, as solely determined by the Department Head or City. The City shall pay the total cost of renting and laundering the uniforms for eligible employees, The 'designated classifications for uniform service are: Fleet Maintenance Program Manager. Water Services Supervisor, and Maintenance Services Supervisor. The City Manager, in his or her discretion, may add additional classifications or positions/assignments within classifications on recommendation of the Department Head. • B. Safety Shoes — The City will provide employees In the classifications of—--- Formatted:Indent:Left: 0",FirM line: 0",Numbered+ Fleet Maintenance Program Manager, Water Services Supervisor, and Align a+Neff+Aligned style:A0.25" ..ndent t: l+ Argument left+ri gned at: ,B,C+I+Start t a 0 + Maintenance Services Supervisor with safety shoes. subiect to a maximum of ' $250 per calendar year. The Department Head will establish and may revise 16 of 27 Resolution Number XXXX SBSPA procedures for the purchase of safety shoes and may add additionaI classifications with concurrence of the City Manager. The proaram.mav provide for payment directly to a vendor or vendors selected by the City, may provide for reimbursement•of the actual and necessary expense incurred by the eligible employee, or both and will be subiect to change within these parameters, as solely determined by the City, from time to time. The Department Head may designate or change the designation of styles, models or specifications for shoes that will be eligible for this benefit. Regardless of other requirements, shoes must meet all applicable safety rules and regulations to be eligible. SECTION 15: ADMINISTRATIVE LEAVE A. Employees shall be entitled to 16-heershours equivalent to two work days of administrative leave during each fiscal year. C. Imo—Administrative leave hours may not be carried forward to— remitted:Numbered+Level:l+Numbering Style:A,B, succeeding years nor may they be turned in for cash value. c,...+Start at:l+Alignment:Left+Aligned at o.zs°+ Indent at 0.5' SECTION 16: JURY DUTY See Personnel Rules and Regulations (Resolution 5446) Section 10.06 (C) for rules on fury duty. SECTION 4617: LIMITATIONS A. No employee who is receiving Workers' Compensation payments and benefits is eligible to receive overlapping benefits(except life insurance)stated in this MOU. B. City shall not make any monthly payments for premiums for any insurance benefit listed in this•MOU, or uniform allowance, supplemental pay of any type and/or type of bonus on behalf of or to any employee who has been absent without authorization during entire said month or for any employee who has terminated for any reasons whatsoever or who is on leave of absence without pay of who is suspended from duties without pay for the entire said month. SECTION 4-718: DEFERRED COMPENSATION The City shall contribute the amount of $40 per payroll period into a deferred compensation program for each employee in the Supervisors and Professionals and Technical position classifications. SECTION 4-819: BILINGUAL COMPENSATION 17 of 27 Resolution Number XXXX SBSPA A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation bonus of$52.50 per payroll period to those employees in positions determined to require bilingual skills. B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee's proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual pay. ,SECTION 19: ONE-TIME BONUS PAYMENT _-{Formatted:Font:Bold A. At the City's first reaular pay period on or after December 12, 2016. the—--{Formatted:Justified City shall pay to each full-time non-probationary employee (including each employee that passes probation in FY 2015/16) covered by this MOU a one-time bonus of $1,000.00. Said bonus shall be paid by City, at the direction of employee. either as taxable regular compensation or to a deferred compensation fund. Said bonus is to be a one-time bonus only,and not to be considered salary for the purpose of calculating PERS benefits, or to be paid in any succeeding year under this MOU, __-`Formatted:Font:apt Formatted:Font:Bold SECTION 4920: WORK SCHEDULE A. At the discretion of the City Manager, work schedules may be altered as needed to accommodate service demand levels of the residents of the City of Seal Beach. B. Holiday Closures—The City Manager may designate up to 5 specific holiday closure work days in each calendar year between Christmas Day and New Year's Day during which employees may be required to take time off, charged to leave without pay, the employee's accumulated compensatory time, vacation, floating holidays, or a combination thereof, as determined by the affected employee. The days must be consecutive for the employee, but may differ between employees. Employees who do not have sufficient accumulated time off in their account to cover the required time off may request, and will be granted, sufficient advance on their vacation accrual to cover the uncovered balance. This advance will be recovered with the next vacation accruals earned by the employee. Time off of work under this provision shall not be deemed a layoff. C. If an employee is required to work on a City Manager designated closure work day, the employee will receive pay computed at 11/2 times the employees' basic hourly rate for the number of hours actually worked. Example: Employee A normally works a 9/80 schedule, and is required to work 4 hours on a City Manager designated holiday closure work 18 of 27 Resolution Number XXXX SBSPA day on December 28, 20132016. Employee A would earn pa' computed as follows: Hours Pay Rate 4 hours work pays 11/2 times the hourly rate,as applicable under the MOU 5 hours leave time Compensatory time,vacation,floating holiday, or combination thereof D. Police Department employees are excluded from this provision. ----- Formatted:Indent:Hanging: 0s°,Numbered+Level:I+ Numbering Style:A,B,C,...+Start at: 1+Algnment:Left+ Aligned at: 0.25"+Indent at: 0.5" SECTION 2021: TUITION REIMBURSEMENT A. Employees attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped at the tuition rate of the Cal State University system for up to 2 semesters of full-time, undergraduate enrollment each calendar year. B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of"C"or better for undergraduate courses and a grade of"B" or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. Example: Employee A attends California State University, Long Beach, for the Spring 2013 2016 semester and completes 2 (3-unit) undergraduate courses with a grade of"C"or better. The tuition reimbursement would be calculated as follows: 20126/2013 2017 State University Tuition $1,587.00 (0-6 units) Required University Fees $ 284494.00(approx.) Parking $ 123.00 Books $ 300.00(approx.) TOTAL $24942504.00 SECTION 2422: COMPENSATION PLAN A. Basic Compensation Plan 1. Employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification under this Plan shall be assigned a salary 19 of 27 Resolution Number XXXX SBSPA range adopted by the City Council. The salary schedule shall consist of 5 steps within each range. 2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned range upon the recommendation of the Department Head and with the approval of the City Manager when it is decided that such action is in the best interests of the City. 3. The second step, B step,is a merit adjustment which may be given at the end of the probationary period subject to the recommendation of the Department Head and with the approval of the City Manager. 4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after the completion of 1 year of service at the preceding step. Each adjustment shall be made subject to the recommendation of the Department Head and with the approval of the City Manager. B. Advancement within Salary Ranges 1. In order to properly compensate an employee,advancement in salary shall be based on merit. 2. Advancement in salary shall not be automatic,but shall depend upon increased service value of the employee to the City. 3. The Department Head and/or the employee's immediate supervisor shall be responsible to evaluate an employee fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon • recommendation of the Department Head and with the approval of the City Manager. 4. An employee should be reviewed at least once every 12 months from the effective date of his last performance evaluation, special performance advancement or promotion. Nothing contained herein shall restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from recommending a special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated. C. Salary Increases 1. Promotional Appointment - When an employee is promoted to a position with a higher salary range,the employee shall be compensated at a step of 20 of 27 Resolution Number XXXX SBSPA the salary range assigned to the new position that is closest to providing a 5% salary increase over the base salary received immediately prior to promotion. 2. Temporary Appointment-Employees assigned, in an acting capacity, to a higher classification than the employees' present classification for a period of not less than 80 consecutive working hours shall be entitled to temporary appointment pay. In addition, employees who are assigned by the department director in writing to regularly scheduled acting assignments of less than 80 hours shall also be entitled to temporary appointment pay. Temporary appointment pay will be retroactive,to the first hour served in the higher classification and shall be paid at a rate equal to the first step of the higher classification but in no event shall temporary appointment pay be less than 5%more of the employee's current rate. D. Salary Decreases - In the case of a demotion of an employee to a classification with a lower maximum salary,such employee shall be assigned to the appropriate salary step in the new classification as recommended by the Department Head with the approval of the City Manager. The employee shall retain his previous anniversary date. E. Adjustments of Salary Ranges - When a salary range for a given classification is revised upward or downward, the incumbents of positions and classifications affected shall have their existing salary adjusted to the same step in the new salary range and their anniversary date shall not be changed. F. Salary and Benefits on Suspension - During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he shall not forfeit his medical health plans, including dental, retirement plan, disability insurance or life insurance. Should such suspension be later modified or revoked,the employee shall be entitled to receive payment for loss of income and benefits during the period of suspension. G. Salary Adiustments During Term of MOU 1. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council Salary increases are as follows: First pay period on or following January-1=2013July 1, 2016 - Employees shall receive 4,62%cost of living adjustment. First pay period on or following July 1, 2013 2017 - CPI adjustment, minimum 42% up to 3% maximum, as measured utilizing the change in the Los Angeles - Riverside - Orange County All Urban Consumers Index for the 12 months of April 2012 2016 -Maren-April 20137. 21 of 27 Resolution Number XXXX SBSPA First pay period on or following July 1, 2011 2018 - CPI adjustment, minimum 42% up to 3% maximum, as measured utilizing the change in the Los Angeles - Riverside - Orange County All Urban Consumers Index for the 12 months of April 2013 2017-Marc hApril 20142018. Mersa-2035 Professionals Grade!: - -Jot Classifications Account Clerk 9 Accounting Technician 11 Senior Building Technician 13 Executive Assistant 15 Code Enforcement Officer 18 Deputy City Clerk 12 Building Inspector 28 Assistant Engineer 28 Assistant Planner Supervisory 'Gradei, ,JobClassifications 13 Senior Accounting Technician 14 Community Services Coordinator Fleet Maintenance Program _ 20_ Manager 25 Water Services Supervisor 25 Maintenance Services Supervisor Teehnieal Srade? , 23 Macrae-Safety-Off isef 22 of 27 Resolution Number XXXX SBSPA SECTION 2223: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be granted a level of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City,for a period not to exceed 180 working days. 2. Upon written request of the employee, the City Manager may grant a leave of absence,with or without pay,for a period not to exceed 1 year. 3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated tb the position held at the time leave was granted. Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge. 4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically provided for in this MOU, shall contribute to the employee's disability insurance plan,and life insurance plan for the first 30 days of leave of absence. B. Military Leave of Absence 1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees entitled to military leave shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Department Head of such leave request 10 working days in advance of the beginning of the leave. 2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement Of applicable) for the first 3 months of military leave. During said period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance Of applicable). 3. After the first 3 months of military leave, the employee may continue said benefits at his cost. C. Pregnancy Disability Leave of Absence 23 of 27 Resolution Number XXXX SBSPA 1. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of leave. 2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay. D. Family Leave-Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees"immediate family"as defined in Section 6. 1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City. 2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date proceeding the time when the leave is to begin. 3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws. 4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave. 5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws. E. Catastrophic'Leave - The purpose of the Catastrophic Leave Pool is to enable full time employees'to receive and donate vacation, administrative leave, and CTO leave credits on an hour for hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves.or a member of their immediate family. Sick Leave is excluded from this program. The following conditions shall apply to Catastrophic Leave: 1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. 2. The leave pool shall be administered by the Finance Department. 24 of 27 Resolution Number XXXX SBSPA 3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave. 4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program. 5. All donations are to be confidential, between the donating employee and the Finance Department. 6. Employees donating to the pool must have 40 hours of paid leave available after making a donation. 7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation. 8. Donations will be subject to applicable tax laws. 9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. 10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician's Statement that the presence of the employee is necessary. 11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced by a Physician's Statement as to the employee's condition. SECTION 2324: MISCELLANEOUS Layoff: The City is to give Association 45 days prior notice before the effective date of any layoffs. During this 45 day period, the City will, upon request, meet and confer on the impact of the layoffs. SECTION 2425: TERM The Memorandum of Understanding shall remain in full force and effect from December 4012,20126 until midnight,June 30,20169. SECTION 2626: APPEALS A. Employees shall be allowed to appeal written reprimands to the Personnel Officer. Such appeals shall be filed within 14 calendar days. The decision of the Personnel Office'shall be final. 25 of 27 Resolution Number XXXX SBSPA B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation shall be interpreted to allow employees to present evidence showing the absence was for good cause and that circumstance prevented them from contacting the City. SECTION 2627: REOPENER City and Association agrees to reconvene during the terms of this MOU to discuss all fringe benefits, including but not limited to health plans, the implementation of HSA or HRA.programs for employee and retiree medical premiums. SECTION 2728: RATIFICATION This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of the duly authorized representatives of the Association. Following such approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s),ordinance(s),or other written action of the City Council. IN WITNESS HEREOF,the parties have hereto caused this Memorandum of Understanding to be executed this th day of ,20122016. CITY OF SEAL BEACH MANAGEMENT REPRESENTATIVES: Dato: _.• . _ ..'_ _ _ . ... ill R. Ingram,City Manager Date: Patrick Gallegos, Assistant City Manager SEAL BEACH SUPERVISORS AND PROFESSIONALS ASSOCIATION REPRESENTATIVES: Date: Niek-BolinSteven Flower, President 26 of 27 Resolution Number XXXX SBSPA Date: Gregorio Daniel,Teamsters Date: Cesar Rangel Date: Joe Acuna 27 of 27 Attachment "C" I\ Adopted by Resolution No. 6702 EXHIBIT B r•F SEA[ •s efio efrA-- 47 is • s % _<a._ ° • do 't�''�,gLIFORNt -. Seal Beach Marine Safety Management Association (SBMSMA) MEMORANDUM OF UNDERSTANDING ADOPTED: December 12, 2016 EXPIRES: June 30, 2017 Resolution Number 6702 SBMSMA TABLE OF CONTENTS SECTION 1: RECOGNITION 5 SECTION 2: CITY RIGHTS Rights/Responsibilities 6 SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE A. Health Insurance Coverage 8 B. Life Insurance 9 C. Income Continuation 9 SECTION 4: RETIREMENT HEALTH INSURANCE 9 SECTION 5: SICK LEAVE 10 SECTION 6: VACATION TIME 11 SECTION 7: HOLIDAYS 14 SECTION 8:. RETIREMENT 15 SECTION 9: OVERTIME AND CALL OUT PAY 16 SECTION 10: COMPENSATORY TIME OFF 16 SECTION 11: PROVISIONAL APPOINTMENTS 16 2 of 25 Resolution Number 6702 SBMSA SECTION 12: SENIORITY BONUS 17 SECTION 13: AUTOMOBILES AND MILEAGE 17 SECTION 14: ADMINISTRATIVE LEAVE 17 SECTION 15: LIMITATIONS 17 SECTION 16: DEFERRED COMPENSATION 18 SECTION 17: BILINGUAL COMPENSATION 18 SECTION 18: ONE-TIME BONUS PAYMENT 18 SECTION 19: WORK SCHEDULE 18 SECTION 20: TUITION REIMBURSEMENT 18 SECTION 21: COMPENSATION PLAN A. Basic Compensation Plan 19 B. Advancement within Salary Ranges 20 C. Salary Increases 20 D. Salary Decreases 20 E. Adjustments of Salary Ranges 20 F. Salary and Benefits on Suspension 21 G. Salary Adjustments During Term of MOU 21 3 of 25 Resolution Number 6702 SBMSMA SECTION 22: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 21 B. Bereavement Leave 22 C. Military Leave of Absence 22 D. Pregnancy Disability Leave of Absence 22 E. Family Leave 23 F. Catastrophic Leave 23 SECTION 23: MISCELLANEOUS Lay-off 24 SECTION 24: TERM 24 SECTION 25: APPEALS 24 SECTION 26: REOPENER 25 SECTION 27: RATIFICATION 25 4 of 25 Resolution Number 6702 SBMSA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH MARINE SAFETY MANAGEMENT ASSOCIATION SECTION 1: RECOGNITION A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer" and/or "Management" interchangeably) has recognized for the purpose of this Memorandum of Understanding (MOU), the Seal Beach Marine Safety Management Association (SBMSMA) an association of employees of the City of Seal Beach, hereinafter referred to as "Association". B. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section 21.G below for the purpose of meeting its obligations under this MOU, the Meyers-Milias- Brown Act, Government Code Section 3500 et seq., when City rules, regulations, or laws affecting wages, hours and/or other terms and conditions of employment are amended or changed. C. The City agrees that the recognized representatives of Association not to exceed 4 in number shall be entitled to meet and confer with City during said recognized representatives' normal working hours without suffering any loss in pay while absent from the duties for such purpose. City also agrees that such representatives may utilize a total of not more than 3 hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees who are members of Association and/or other officers of Association. D. City recognizes Association's right to appoint or elect representatives to meet and confer with City's management representatives on salaries, wages, and terms and conditions of employment. Association agrees to notify City in writing as to the identity of the representatives and of subsequent appointments, if any. Association and City agree that employees appointed or elected as Association representatives shall be required to work full time. E. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by employees of City during their respective hours of duty and work unless specified herein. F. Representatives and/or officers of Association shall not interrupt the work of any employee of City at any time to conduct business or other matters connected with Association without prior consent of Management. 5 of 25 Resolution Number 6702 SBMSMA G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto. H. The City agrees to deduct from the paycheck of all employees who submit authorization cards and are covered by this MOU voluntary contributions to Democrat, Republican, and Independent Voter Education (D.R.I.V.E.). D.R.I.V.E. shall notify the City of the amounts designated by each contributing employee that are to be deducted from his/her paycheck on a weekly basis for all weeks worked. The phrase "weeks worked" excludes any week other than a week in which the employee earned a wage. No such authorization shall be recognized if in violation of State or Federal law. No deduction shall be made which is prohibited by applicable law. The City shall transmit to: D.R.I I.V.E. International Brotherhood of Teamsters 25 Louisiana Avenue, NW Washington, D.C. 20001 SECTION 2: CITY RIGHTS A. Rights/Responsibilities - This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include but not limited to, the following rights: 1 . To manage the City generally and to determine the issues of policy. 2. To determine the existence or nonexistence of facts which are the basis of the management decision(s). 3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means and technology and extent of services to be provided to the public. 5. To determine methods of financing. 6. To determine types of equipment or technology to be used. 7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted. 6 of 25 Resolution.Number 6702 SBMSA 8. To determine and change the number of locations, relocations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. 9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to establish and change work schedules and assignments upon reasonable notice insofar as such changes do not conflict with this MOU. 10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive. 11. To establish and modify productivity and performance programs and standards. 12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause. 13. To determine minimum qualifications, skills abilities, knowledge, selection procedures and standards, job classifications and to reclassify employees in accordance with this MOU and applicable resolutions and codes of the City. 14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU and applicable resolutions and codes of the City. 15. To determine policies, procedures and standards for selection, training and promotion of employees in accordance with this MOU and applicable resolutions and codes of the City. 16. To establish reasonable employee performance standards including but not limited to, quality and quantity standards and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operation. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement. 1.9. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this MOU. 20. To take any and all necessary action to carry out the mission of the City in emergencies. 7 of 25 Resolution Number 6702 SBMSMA B. Where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of City Rights shall impact the wages, hours and other terms and conditions of employment of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE A. Health Insurance Coverage 1. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution. For calendar year 2016, CaIPERS has established the minimum PEMHCA contribution at $125 per month per employee. 2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees. 3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the Association during negotiations. For employees participating in the City's cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the cafeteria plan. Beginning January 1, 2016, the monthly flex dollar allowance shall.be: For Employee only _ $806.68/month For Employee and 1 dependent $1,246.68/month For Employee and 2 or more dependents $1,612.06/month 4. A portion of the monthly flex dollar allowance is identified as the City's contribution towards PEMHCA. Thus, for example, in calendar year 2016, an employee only monthly flex dollar allowance is $806.68, of that $806.68; $125 has been designated by the City as its required PEMHCA contribution to CaIPERS. The monthly flex dollar allowance may only be used in accordance with the terms of the City's cafeteria plan. 5. Effective January 1 , 2017, and every January 1st during the term of this agreement, the City shall increase the contribution amounts above by the average percentage of increase for basic plans published by Cal PERS which sets health insurance premiums for the coverage year. 8 of 25 Resolution.Number 6702 SBMSA 6. Employees meeting the waiver criteria and electing to waive enrollment in the City's cafeteria plan are eligible to receive $350 per month beginning January 1, 2017 (upon showing proof of medical insurance coverage under an alternative plan). Election forms are available in the Human Resources. 7. Full-time employees covered by this MOU who have completed 30 days of uninterrupted service shall be enrolled in the cafeteria plan on the first day of the next succeeding month. 8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be eligible for participation in the cafeteria plan. 9. City shall not contribute to the cafeteria plan for any employee during any month the employee is on leave of absence without pay or who is absent from regular duties without authorization, for a full calendar month. City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers Compensation Insurance. B. Life Insurance Employees covered by this agreement shall receive a $50,000 term life insurance policy paid by the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. C. Income Continuation Employees covered by this Agreement shall receive a policy to provide for income cdntinuation of 66.67% of the employee's monthly salary, up to a maximum of $5,000 per month, whichever is lesser, paid by the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. Said income continuation shall commence on the 31st day of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing thereafter while the employee is absent fromwork for a period of up to age 65. SECTION 4: RETIREMENT HEALTH INSURANCE A. Employees covered by this Agreement shall have the option upon retirement, to continue participation in the City's health insurance program at the employee's expense. B. Employees in the Marine Safety Lieutenant classification who retire after December 31 , 2007, and on or before December 31, 2009, with 20 or more combined years of employment with the City shall, upon retirement, be provided 9 of 25 Resolution Number 6702 SBMSMA with individual and eligible dependent medical insurance coverage. The City shall contribute monthly to the cost of the selected coverage consistent with the appropriate level as specified in Section 3 - A in these Terms and Conditions. C. Employees in the Marine Safety Lieutenant classification, who were hired before January 1, 2008 by the City, and who retire after December 31 , 2009, with 20 or more combined years of employment with the City shall, upon retirement, be provided with individual medical insurance coverage. If said employee has 30 or more combined years of employment with the City upon retirement; eligible dependent medical insurance coverage shall also be provided at the rate.of (a) the average of the 2 lowest cost medical care plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the 2 lowest cost Medicare supplement plans offered by CalPERS; or (b) the CaIPERS Kaiser HMO Medicare supplement plan, whichever is greater. D. Employees in the Marine Safety Officer classification covered by this Agreement who were hired before April 13, 2009 by the City, have 20 or more combined years of employment with the City, have reached 55 years of age, and retire after December 31, 2010, shall be provided with individual medical insurance coverage capped at the Kaiser HMO rate. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided capped at the Kaiser HMO rate. A portion of the payment for retiree or retiree and dependents medical insurance is identified as the City's contribution towards PEMHCA. E. On or after January 1St 2008, the City shall contribute to the cost of medical coverage for each eligible retiree and dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution. F. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree. G. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution at"time of retirement. SECTION 5: SICK LEAVE A. All full-time employees covered by this MOU shall accrue sick leave at the rate of 1 day (8 hours) per month of service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU, no employee shall receive further accruals once the 520 hour maximum is reached. 10 of 25 Resolution Number 6702 SBMSA B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working days. C. All employees in the Marine Safety Lieutenant classification, upon termination of employment with the City, all compensable leave hours will be paid to the employee at the employee's base rate of pay. Sick leave balances which have not been converted to leave time will be paid to the employee upon termination at 25% of the employee's base rate of pay. D. All employees in the Marine Safety Officer classification except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon termination. E. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. F. Sick leave balances may not be used to defer a disability retirement. SECTION 6: VACATION TIME A. Marine Safety Officers covered by this Agreement, have passed the employee probationary period (as defined in the Personnel Rules and Regulations, Section 6.01) shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately (160) hours per year. B. All employees in the Marine Safety Lieutenant classification who shall have at least three (3) years of continuous service shall be entitled to eight (8) additional hours of vacation for each year of full-time continuous service in excess of three (3) years. The vacation accrual schedule for mid-management employees is as follows: Years Vacation Maximum Hourly Annual Maximum Service Hours Accrual Rate/ Pay Vacation Vacation Earned Period Bi-Weekly Hours Accrual 1 80 3.0769 80 160 2 1 80 3.0769 80 160 3 80 3.0769 80 160 4 88 3.3846 88 200 5 96 3.6923 96 200 6 104 4.0000 104 200 7 112 4.3044 112 200 8 120 4.6154 120 200 9 128 4.9231 128 240 10 136 5.2308 136 240 11 144 i 5.5385 _ 144 240 11 of 25 Resolution Number 6702 SBMSMA 12 152 5.8462 152 240 13 160 6.1538 160 240 C. All employees in the Marine Safety Officer classification who shall have at least (5) Years of continuous service, shall be entitled to eight (8) additional hours of vacation per year of full-time continuous service for each year of service in excess of five (5) years up to a maximum of approximately 160 hours per year. D. The vacation accrual schedule is as follows: Years Vacation Maximum Hourly Annual Service Hours Accrual Rate/ Pay Vacation Earned Period Bi-Weekly Hours 1 80 3.0769 80 2 80 3.0769 80 3 80 3.0769 80 4 80 3.0769 80 5 80 3.0769 80 6 88 3.3846 88 7 96 3:6923 96 8 104 4.0000 104 9 112 4.3076 112 10 120 4.6153 120 11 128 4.9230 128 12 136 5.2307 136 13 144 5.5384 144 14 152 5.8461 152 15 160 6.1538 160 E. All employees in the Marine Safety Officer classification shall only be allowed to accrue a maximum of 240 hours of vacation. Once this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has taken vacation and the employee's accrued hours drop below the maximum. The maximum can only be exceeded with the approval of the City Manager in writing. F. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacations. G. Employees covered by this agreement who are on leaves of absence, without pay, shall not accrue vacation leave hours during said leaves of absence. 12 of 25 Resolution Number 6702 SBMSA H. All employees in the Marine Safety Officer classification not more than once in each fiscal year, who have completed at least 1 year of continuous service shall, upon request, receive compensation for up to 50 hours of accrued vacation time provided that the employee has taken an equal amount of time off within that fiscal year. Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees who have been credited with preexisting leave hours are expected to use a portion of the excess as leave time, in addition to the new vacation hours, each year until the maximum accrual is met. The City recognizes that a number of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will likely take them significantly longer to achieve this goal. It is the intent of this section to balance the personal interests of the employee with the financial concerns of the City; as such, significant progress toward reaching the maximum accrual amounts may be deemed a success. J. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager. Vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies. K. All employees in the Marine Safety Lieutenant classification not: more than once in each fiscal year, an employee who has completed at least one year of continuous service shall, upon request, receive compensation for up to 80 hours of accrued vacation time provided that the employee has taken (50) hours of vacation time off within that fiscal year. An employee shall also, upon re)quest, receive compensation for up to (120) hours of accrued vacation time provided that the employee has taken (80) hours of accrued vacation time off within that fiscal year. K. Employees covered by this Agreement shall cease accruing general leave time effective the first payroll period in December, 1997. Previously earned time shall be used/ compensated for as follows: Upon separation of employment with the City, all compensable hours will be paid to the employee at the employee's then current base rate of pay. 13 of 25 ResolutionNumber 6702 SBMSMA SECTION 7: HOLIDAYS A. The City agrees to grant all full-time Marine Safety Association employees a full shift pay for each holiday recognized by City. Every full-time employee of the City shall be granted the following holidays with pay: Holiday Date New Year's Day January 1st Martin Luther King Day 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Last Monday in May Independence D_ ay July 4th Labor Day First Monday in September Veteran's Day November 11th Thanksgiving Day Fourth Thursday in November Calendar day following Thanksgiving Day Christmas Eve December 24th Christmas Day December 25th `Floating Holiday (discretion of employee) Total of 12 holidays annually *Floating Holiday must be taken during each fiscal year(July 1st through June 30th). Floating holidays must be approved in advance by the Department Head. B. When a holiday falls on a Sunday, the next day (Monday) shall be observed as a holiday. When a holiday falls on a Saturday, the preceding day (Friday) shall be observed as a holiday. C. When a holiday falls on a full-time employee's regularly scheduled day off, the employee shall receive compensatory time off for a full shift in lieu of holiday pay, in keeping with other provisions of this MOU. Example: Employee A normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, Thursday, or Friday, Employee A would receive (10) hours of compensatory time off. D. A Marine Safety Officer who is required to work on a holiday shall receive pay computed at 11/2 times the employees' basic hourly rate for the number of hours actually worked. Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows: 14 of 25 Resolution Number 6702 SBMSA Hours Pay Rate Full-shift holiday pay base hourly rate 6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU E. Holiday Closures — The City Manager may designate up to five (5) specific work days in each calendar year between Christmas Day and New Year's Day during which employees may be required to take time off, charged to leave without pay, the employee's accumulated compensatory time, vacation, floating holidays, or a combination thereof, as determined by the affected employee. The days must be consecutive for the employee, but may differ between employees. Employees who do not have sufficient accumulated time off in their account to cover the required time off may request, and will be granted, sufficient advance on their vacation accrual to cover the uncovered balance. This advance will be recovered with the next vacation accruals earned by the employee. Time off of work under this provision shall not be deemed a layoff. B. If an employee is required to work on a City Manager designated closure work day, the employee will receive pay computed at 11 times the employees' basic hourly rate for the number of hours actually worked. Example: Employee A normally works a 9/80 schedule, and is required to work 4 hours on a City Manager designated holiday closure work day on December 28, 2016. Employee A would earn pay computed as follows: Hours Pay Rate 4 hours work pays 11/2 times the hourly rate, as applicable under the MOU 5 hours leave time Compensatory time, vacation, floating holiday, or combination thereof SECTION 8: RETIREMENT A. The retirement program provided by the City shall consist of a pooled Public Employee's Retirement System (PERS) plan, which includes the following Government Code provisions: Section 20042 One Year Final Compensation Section 20965 Credit of Unused Sick Leave Section 21024 Military Service Credit B. All employees incumbent in the Marine Safety Association shall participate in the 3% I@ 50 formula plan for Local Safety Members. 15 of 25 Resolution Number 6702 SBMSMA C. The Marine Safety Association employees shall pay 7% of their CALPERS required contribution of their compensation earnable. D. New employees/members hired on or after January 1, 2013 as defined by The Public Employees' Pension Reform Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation. SECTION.9: OVERTIME AND CALL OUT PAY A. The following section pertains to the position of Marine Safety Officer: 1. If work beyond normal workday, workweek or work period is required, the employee who may be asked to perform such overtime shall be notified of the apparent need for such overtime as soon as practicable prior to when the overtime is expected to begin. 2. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum "call out" time (when returning to work) shall be 3 hours. Call out time shall start when employee is called to service. 3. Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to arrive at an hourly wage. Paid overtime for the pay period is to be submitted and computed with the regular payroll. 4. Notwithstanding any provision of this Section, the employee shall be entitled to select either compensated overtime or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 11 of this MOU. SECTION 10: COMPENSATORY TIME OFF (CTO) The maximum (cap) of CTO is (120) hours. Compensatory Time earned in excess of (120) hours will be paid as overtime during the pay period accrued. SECTION 11: PROVISIONAL APPOINTMENTS AND ASSIGNMENTS A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume the responsibilities of the higher classification for (80) consecutive working hours and shall be paid according to the step in the assigned salary range of the new position which is a minimum of 5% higher than the salary received before the provisional appointment (not to exceed the top step). 16 of 25 Resolution Number 6702 SBMSA B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a higher level of duty and responsibility than provided for in the employee's assigned classification which is not otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the higher level of duties for (80) consecutive working hours; thereafter the employee shall receive additional compensation of 5% so long as the assignment is authorized by the City Manager. SECTION 12: SENIORITY BONUS Employees who have achieved (10) years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the 10th anniversary of their employment. SECTION 13: AUTOMOBILES AND MILEAGE Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the mileage rate established by the Internal Revenue Service (IRS). SECTION 14: ADMINISTRATIVE LEAVE Effective the 1s' payroll period in July 2016, and every July thereafter: A. Marine Safety Lieutenant shall be entitled to (40) hours of administrative leave during each fiscal year. B. Marine Safety Officers shall be entitled to the equivalent of (2) work days of administrative leave during each fiscal year. C. Administrative leave hours may not be carried forward to succeeding years nor may they be turned in for cash value. SECTION 15: LIMITATIONS A. No employee who is receiving Workers' Compensation payments and benefits is eligible to receive overlapping benefits (except life insurance) stated in this MOU. B. City shall not make any monthly payments for premiums for any insurance benefit listed in this MOU, or uniform allowance, supplemental pay of any type and/or type of bonus on behalf of or to any employee who has been absent without authorization during entire said month or for any employee who has terminated for any reasons whatsoever or who is on leave of absence without pay of who is suspended from duties without pay for the entire said month. 17 of 25 Resolution Number 6702 SBMSMA SECTION 16: DEFERRED COMPENSATION For the classification of Marine Safety Lieutenant, the City shall contribute the equivalent to 3.5% of base salary per payroll period into a deferred compensation program for each employee this classification. For the classification of Marine Safety Officer, the City shall contribute the amount of $40 per payroll period into a deferred compensation program SECTION 17: BILINGUAL COMPENSATION A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation bonus of $52:50 per payroll period to those employees in positions determined to require bilingual skills. B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee's proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual pay. SECTION 18: ONE-TIME BONUS PAYMENT A. At the City's first regular pay period on or after December 12, 2016, the City shall pay to each full-time non-probationary employee (including each employee that passes probation in FY 2015/16) covered by this MOU a one-time bonus of $1 ,000.00. Said bonus shall be paid by City, at the direction of employee, either as taxable regular compensation or to a deferred compensation fund. Said bonus is to be a one-time bonus only, and not to be considered salary for the purpose of calculating PERS benefits, or to be paid in any succeeding year under this MOU. SECTION 19: WORK SCHEDULE A. At the discretion of the City Manager, work schedules may be altered as needed to accommodate service demand levels of the residents of the City of Seal Beach. SECTION 20: TUITION REIMBURSEMENT A. Higher Education Degree Programs — Marine Safety Association employees attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped at the tuition rate of the Cal State University system for up to 2 semesters of full-time, undergraduate enrollment each calendar year. 18 of 25 Resolution Number 6702 SBMSA B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. Example: Employee A attends California State University, Long Beach, for the Spring 2016 semester and completes 2 (3-unit) undergraduate courses with a grade of "C" or better. The tuition reimbursement would be calculated as follows: 2012/2013 State University Tuition $1 ,587.00 (0-6 units) Required University Fees $ 494.00 (approx.) Parking $ 123.00 Books $ 300.00 (approx.) TOTAL $2,504.00 SECTION 21: COMPENSATION PLAN A. Bask Compensation Plan 1. Employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification under this Plan shall be assigned a salary range adopted by the City Council. The salary schedule shall consist of 5 steps within each range. 2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned range upon the recommendation of the Department Head and with the approval of the City Manager when it is decided that such action is in the best interests of the City. 3. The second step, B step, is a merit adjustment which may be given at the end of the probationary period subject to the recommendation of the Department Head and with the approval of the City Manager. 4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after the completion of (1) year of service at the preceding step. Each adjustment shall be made subject to the recommendation of the Department Head and with the approval of the City Manager. 19 of 25 Resolution Number 6702 SBMSMA B. Advancement within Salary Ranges 1. In order to properly compensate an employee, advancement in salary shall be based on merit. 2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City. 3. The Department Head and/or the employee's immediate supervisor shall be responsible to evaluate an employee fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Department Head and with the approval of the City Manager. 4. An employee should be reviewed at least once every (12) months from the effective date of his last performance evaluation, special performance advancement or promotion. Nothing contained herein shall restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from recommending a special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated. C. Salary Increases 1. Promotional Appointment - When an employee is promoted to a position with a higher salary range, the employee shall be compensated at a step of the salary range assigned to the new position that is closest to providing a 5% salary increase over the base salary received immediately prior to promotion. 2. Temporary Appointment - Employees assigned, in an acting capacity, to a higher classification than the employees' present classification for a period of not less than 80 consecutive wOrking hours shall be entitled to temporary appointment pay. In addition, employees who are assigned by the department director in writing to regularly scheduled acting assignments of less than 80 hours shall also be entitled to temporary appointment pay. Temporary appointment pay will be retroactive to the first hour served in the higher classification and shall be paid at a rate equal to the first step of the higher classification but in no event shall temporary appointment pay be less than 5% more of the employee's current rate. D. Salary Decreases - In the case of a demotion of an employee to a classification with a lower maximum salary, such employee shall be assigned to the appropriate salary step in the new classification as recommended by the Department Head with the approval of the City Manager. The employee shall retain his previous anniversary date. E. Adiustments of Salary Ranges - When a salary range for a given classification is revised upward or downward, the incumbents of positions and 20 of 25 Resolution Number 6702 SBMSA classifications affected shall have their existing salary adjusted to the same step in the new salary range and their anniversary date shall not be changed. F. Salary and Benefits on Suspension - During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he shall not forfeit his medical health plans, including dental, retirement plan, disability insurance or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits during the period of suspension. G. Salary Adjustments During Term of MOU 1. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council Salary increases are as follows: First pay period on or following July 1St 2016. Employees shall receive a 2% cost of living adjustment. Mid-Management lora 4 a Job Classifications • 31 Marine Safety Lieutenant Technical Gi-adel;. ''' - Job.Classrfications, 23 Marine Safety Officer SECTION 22: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be granted a level of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed 180 working days. 2. Upon written request of the employee, the City Manager may grant a leave of absence, with or without pay, for a period not to exceed (1) year. 21 of 25 Resolution Number 6702 SBMSMA 3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge. 4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically provided for in this MOU, shall contribute to the employee's disability insurance plan, and life insurance plan for the first (30) days of leave of absence. B. Bereavement Leave The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The bereavement leave shall not be chargeable: to or accumulated as sick time or leave time. "Immediate family" is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, step-mother, step-father, step-child, mother-in-law, father-in-law, domestic partner-in-law or dependent relative living with the employee. C. Military Leave of Absence 1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees entitled to military leave shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Department Head of such leave request (10) working days in advance of the beginning of the leave. 2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement (if applicable) for the first (3) months of military leave. During said period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance (if applicable). 3. After the first (3) months of military leave, the employee may continue said benefits at his cost. D. Pregnancy Disability Leave of Absence 1 . An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of leave. 22 of 25 Resolution Number 6702 SBMSA 2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without-pay. E. Family Leave - Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees "immediate family" as defined in Section 6. 1. Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City. 2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date proceeding the time when the leave is to begin. 3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws. 4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave. 5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws. F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate vacation, administrative leave, and CTO leave credits on an hour for hour basis to assist employees who'. have no leave and who will suffer a financial hardship due to prolonged illness orlinjury to themselves or a member of their immediate family. Sick Leave is excluded from this program. The following conditions shall apply to Catastrophic Leave: 1 . Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. 2. The leave pool shall be administered by the Finance Department. 3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave. 23 of 25 Resolution Number 6702 SBMSMA 4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program. 5. All donations are to be confidential, between the donating employee and the Finance Department. 6. Employees donating to the pool must have 40 hours of paid leave available after making a donation. 7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation. 8. Donations will be subject to applicable tax laws. 9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. 10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician's Statement that the presence of the employee is necessary. 11 . Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced by a Physician's Statement as to the employee's condition. SECTION 23: MISCELLANEOUS Layoff: The City is to give Association (45) days prior notice before the effective date of any layoffs. During this (45) day period, the City will, upon request, meet and confer on the impact of the layoffs. SECTION 24: TERM The Memorandum of Understanding shall remain in full force and effect from December 12, 2016 until midnight June 30, 2017. SECTION 25: APPEALS A. Employees shall be allowed to appeal written reprimands to the Personnel Officer.. Such appeals shall be filed within (14) calendar days. The decision of the Personnel Office shall be final. B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation shall be interpreted to allow employees to present evidence showing the absence was for good cause and that circumstance prevented them from contacting the City. 24 of 25 Resolution Number 6702 SBMSA SECTION 26: REOPENER City and Association agrees to reconvene during the terms of this MOU to discuss all fringe benefits, including but not limited to health plans, the implementation of HSA or HRA programs for employee and retiree medical premiums. SECTION 27: RATIFICATION This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of the duly authorized representatives of the Association. Following such approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council. IN WITNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be executed Date: Jill R. Ingram, City Manager Date: Patrick Gallegos, Assistant City Manager CITY OF SEAL BEACH MARINE SAFETY ASSOCIATION: Date: Chris Pierce President Date: Nick Bolin Vice President Date: Gregorio Daniel Teamsters 25 of 25 Adopted by Resolution No. 6702 EXHIBIT B �apa • OF SEAaaL `•. • • m� • m„ 1 "41/FORt$' Seal Beach Marine Safety Management Association (SBMSMA) MARINE SAFETY ASSOCIATION MEMORANDUM OF UNDERSTANDING ADOPTED: December 12, 2016 EXPIRES: June 30, 2017 Resolution Number 6702 MSA TABLE OF CONTENTS SECTION 1: RECOGNITION 5 SECTION 2: CITY RIGHTS Rights/Responsibilities 6 SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE A. Health Insurance Coverage 8 B. Life Insurance 9 C. Income Continuation 9 SECTION 4: RETIREMENT HEALTH INSURANCE 9 SECTION 5: SICK LEAVE 10 SECTION 6: BEREAVEMENT LEAVE 11 SECTION 7: VACATION TIME 11 SECTION 8: HOLIDAYS 13 SECTION 9: RETIREMENT 14 SECTION 10: OVERTIME AND CALL OUT PAY 15 SECTION 11: COMPENSATORY TIME OFF 15 2 of 28 Resolution Number 6702 MSA SECTION 12: PROVISIONAL APPOINTMENTS 15 SECTION 13: SENIORITY BONUS 16 SECTION 14: AUTOMOBILES AND MILEAGE 16 SECTION 15: ADMINISTRATIVE LEAVE 16 SECTION 16: LIMITATIONS 16 SECTION 17: DEFERRED COMPENSATION 17 SECTION 18: BILINGUAL COMPENSATION 17 SECTION 19: ONE-TIME BONUS PAYMENT 17 SECTION 19: WORK SCHEDULE 17 SECTION 20: TUITION REIMBURSEMENT 18 SECTION 21: COMPENSATION PLAN A. Basic Compensation Plan 18 B. Advancement within Salary Ranges 19 C. Salary Increases 19 D. Salary Decreases 20 E. Adjustments of Salary Ranges 20 F. Salary and Benefits on Suspension 20 3 of 28 Resolution Number 6702 MSA G. Salary Adjustments During Term of MOU 20 SECTION 22: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 21 B. Bereavement C. Military Leave of Absence 22 D. Pregnancy Disability Leave of Absence 22 E. Family Leave 22 F. Catastrophic Leave 23 SECTION 23: MISCELLANEOUS Lay-off 24 SECTION 24: TERM 24 SECTION 25: APPEALS 24 SECTION 26: REOPENER 24 SECTION 27: RATIFICATION 25 4 of 28 Resolution Number 6702 MSA MEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF SEAL BEACH AND MARINE SAFETY ASSOCIATION SECTION 1: RECOGNITION A. Pursuant to the provisions of Employee-Employer Relations Resolution 5242, as amended, the City of Seal Beach (hereinafter called the "City" and/or "Employer" and/or "Management" interchangeably) has recognized for the purpose of this Memorandum of Understanding (MOU), the Seal B ach Chapter - I the Seal Beach Marine Safety Management Association (SBMSMA) an association of employees of the City of Seal Beach, hereinafter referred to as "Association". B. The City recognizes the Association as the representative of the employees in the classification and assignments set forth in Section 21.G below for the purpose of meeting its obligations under this MOU, the Meyers-Milias- Brown Act, Government Code Section 3500 et seq., when City rules, regulations, or laws affecting wages, hours and/or other terms and conditions of employment are amended or changed. C. The City agrees that the recognized representatives of Association not to exceed 4 in number shall be entitled to meet and confer with City during said recognized representatives' normal working hours without suffering any loss in pay while absent from the duties for such purpose. City also agrees that such representatives may utilize a total of not more than 3 hours per year without suffering any loss in pay for such absence for the purpose of meeting with employees,who are members of Association and/or other officers of Association. D. City recognizes Association's right to appoint or elect representatives to meet and confer with City's management representatives on salaries, wages, and terms and conditions of employment. Association agrees to notify City in writing as to the identity of the representatives and of subsequent appointments, if any. Association and City agree that employees appointed or elected as Association representatives,shall be required to work full time. E. It is recognized and agreed that no Association business and/or meetings will be conducted and/or attended by employees of City during their respective hours of duty and work unless specified herein. 5 of 28 Resolution Number 6702 MSA F. Representatives and/or officers of Association shall not interrupt the work of any employee of City at any time to conduct business or other matters connected with Association without prior consent of Management. G. This document supersedes all prior Memoranda of Understanding and verbal agreements between the parties hereto. H. The City agrees to deduct from the paycheck of all employees who submit authorization cards and are covered by this MOU voluntary contributions to Democrat, Republican, and Independent Voter Education (D.R.I.V.E.). D.R.I.V.E. shall notify the City of the amounts designated by each contributing employee that are to be deducted from his/her paycheck on a weekly basis for all weeks worked. The phrase "weeks worked" excludes any week other than a week in which the employee earned a wage. No such authorization shall be recognized if in violation of State or Federal law. No deduction shall be made which is prohibited by applicable law. The City shall transmit to: D.R.I.V.E. International Brotherhood of Teamsters 25 Louisiana Avenue, NW Washington, D.C. 20001 SECTION 2: CITY RIGHTS A. Rights/Responsibilities, - This City reserves, retains and is vested with solely and exclusively, all rights of management which have not been expressly abridged by specific provisions of this MOU or by law to manage the City, as such rights existed prior to the execution of this MOU. The sole and exclusive rights of management, as they are not abridged by this Agreement or by law, shall include but not be limited to, the following rights: 1. To manage the City generally and to determine the issues of policy. 2. To determine the existence or nonexistence of facts which are the basis of the management decision(s). 3. To determine the necessity and organization of any service or activity conducted by the City and expand or diminish services. 4. To determine the nature, manner, means and technology and extent of services to be provided to the public. 5. To determine methods of financing. 6. To determine types of equipment or technology to be used. 6 of 28 Resolution Number 6702 MSA 7. To determine and/or change the facilities, methods, technology, means, organizational structure and size and composition of the work force and allocate and assign work by which the City operations are to be conducted. 8. To determine and change the number of locations, relocations, and types of operations, processes and materials to be used in carrying out all City functions including, but not limited to, the right to contract for or subcontract any work or operation of the City. 9. To assign work to and schedule employees in accordance with any requirements set forth in this MOU, and to establish and change work schedules and assignments upon reasonable notice insofar as such changes do not conflict with this MOU. 10. To layoff employees from duties because of lack of work or funds, or under conditions where continued work would be ineffective or non-productive. 11. To establish and modify productivity and performance programs and standards. 12. To discharge, suspend, demote, reprimand, withhold salary increases and benefits, or otherwise discipline employees for cause. 13. To determine minimum qualifications, skills abilities, knowledge, selection procedures and standards, job classifications and to reclassify employees in accordance with this MOU and applicable resolutions and codes of the City. 14. To hire, transfer, promote and demote employees for non-disciplinary reasons in accordance with the MOU and applicable resolutions and codes of the City. 15. To determine policies, procedures and standards for selection, training and promotion of employees in accordance with this MOU and applicable resolutions and codes of the City. 16. To establish reasonable employee performance standards including but not limited to, quality and quantity standards and to require compliance therewith. 17. To maintain order and efficiency in its facilities and operation. 18. To establish and promulgate and/or modify rules and regulations to maintain order and safety and which are not in contravention with the Agreement. 19. To restrict the activity of an employee organization on municipal property and on municipal time except as set forth in this MOU. 7 of 28 Resolution Number 6702 MSA 20. To take any and all necessary action to carry out the mission of the City in emergencies. B. Where the City is required to make changes in its operations because of the requirements of law, whenever the contemplated exercise of City Rights shall impact the wages, hours and other terms and conditions of employment of the bargaining unit, the City agrees to meet and confer in good faith with representatives of the Association regarding the impact of the contemplated exercise of such rights prior to exercising such rights, unless the matter of the exercise of such rights is provided for in this MOU. SECTION 3: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE A. Health Insurance Coverage 1. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution. For calendar year 2016, CaIPERS has established the minimum PEMHCA contribution at $125 per month per employee. 2. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees. 3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the Association during negotiations. For employees participating in the City's cafeteria plan,: each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the cafeteria plan. Beginning January 1, 2016, the monthly flex dollar allowance shall be: For Employee only $806.68/month For Employee and 1 dependent $1,246.68/month For Employee and 2 or more dependents $1,612.06/month 4. A portion of the monthly flex dollar allowance is identified as the City's contribution towards PEMHCA. Thus, for example, in calendar year 2016, an employee only monthly flex dollar allowance is $806.68, of that $806.68; $125 has been designated by the City as its required PEMHCA contribution to CaIPERS. The monthly flex dollar allowance may only be used in accordance with the terms of the City's cafeteria plan. 5. Effective January 1, 2017, and every January 1st during the term of this agreement, the City shall increase the contribution amounts above by the 8 of 28 Resolution Number 6702 MSA average percentage of increase for basic plans published by CaIPERS which sets health insurance premiums for the coverage year. 6. Employees meeting the waiver criteria and electing to waive enrollment in the City's cafeteria plan are eligible to receive $350 per month beginning January 1, 2017 (upon showing proof of medical insurance coverage under an alternative plan). Election forms are available in the Human Resources. 7. Full-time employees covered by this MOU who have completed 30 days of uninterrupted service shall be enrolled in the cafeteria plan on the first day of the next succeeding month. 8. Employees who change classification from full-time to part-time provisional, hourly or seasonal shall not be eligible for participation in the cafeteria plan. 9. City shall not contribute to the cafeteria plan for any employee during any month the employee is on leave of absence without pay or who is absent from regular duties without authorization, for a full calendar month. City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers Compensation Insurance. B. Life Insurance Employees covered by this agreement shall receive a $50,000 term life insurance policy paid by the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. C. Income Continuation Employees covered by this Agreement shall receive a policy to provide for income continuation of 66.67% of the employee's monthly salary, up to a maximum of $5,000 per month, whichever is lesser, paid by the City. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. Said income continuation shall commence on the 31st day of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65. SECTION 4: RETIREMENT HEALTH INSURANCE A. Employees covered by this Agreement shall have the option upon retirement, to continue participation in the City's health insurance program at the -employee's expense. 9 of 28 Resolution Number 6702 MSA B. Employees in the Marine Safety Lieutenant classification who retire after December 31, 2007, and on or before December 31 , 2009, with 20 or more combined years of employment with the City shall, upon retirement, be provided with individual and eligible dependent medical insurance coverage. The City shall contribute monthly to the cost of the selected coverage consistent with the appropriate level as specified in Section 3 - A in these Terms and Conditions. C. Employees in the Marine Safety Lieutenant classification, who were hired before January 1 , 2008 by the City, and who retire after December 31, 2009, with 20 or more combined years of employment with the City shall, upon retirement, be provided with individual medical insurance coverage. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided at the rate of (a) the average of the 2 lowest cost medical care plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the 2 lowest cost Medicare supplement plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO Medicare supplement plan, whichever is greater. D. Employees in the Marine Safety Officer classification covered by this Agreement who were hired before April 13, 2009 by the City, have 20 or more combined years of employment with the City, have reached 55 years of age, and retire after December 31, 2010, shall be provided with individual medical insurance coverage capped at the Kaiser HMO rate. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided capped at the Kaiser HMO rate. A portion of the payment for retiree or retiree and dependents medical insurance is identified as the City's contribution towards PEMHCA. E. On or after January 1st 2008, the City shall contribute to the cost of medical coverage for each eligible retiree and dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution. F. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree. G. In the event an eligible retired employee resides in an area where the health plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution at time of retirement. SECTION 5: SICK LEAVE 10 of 28 Resolution Number 6702 MSA A. All full-time employees covered by this MOU shall accrue sick leave at the rate of 1 day (8 hours) per month of service. Sick leave may be accumulated up to and including 520 hours. Except as otherwise provided in this MOU, no employee shall receive further accruals once the 520 hour maximum is reached. B. The Department Head may require employees to present proof of illness for sick leaves in excess of 3 working days. C. All employees in the Marine Safety Lieutenant classification, upon termination of employment with the City, all compensable leave hours will be paid to the employee at the employee's base rate of pay. Sick leave balances which have not been converted to leave time will be paid to the employee upon termination at 25% of the employee's base rate of pay. C. Employees who elected to retain sick leave balances prior to conversion to leave time provision in July 1., 1987: 1 . May utilize those balances for sick leave purposes. 2. Upon termination, shall be paid for the existing sick leave balance D. All employees in the Marine Safety Officer classification except as otherwise provided, employees shall not be eligible for any payment for sick leave balances upon termination. E. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. F. Sick leave balances may not be used to defer a disability retirement. registered domestic partner, father, mother, con, daughter, brother, sister, grandparent, grandchild, step mother, step father, step child, mother in law, t SECTION 7: VACATION TIME 11 of 28 Resolution Number 6702 MSA A. Marine Safety Officer covered by this Agreement, who shall have at least one year's continuous service as a full time employee immediately preceding, have passed the employee probationary period (as defined in the Personnel Rules and Regulations, Section 6.01) shall be granted a vacation with pay of approximately 80 hours per year up to a maximum of approximately 160 hours per year. B. All employees in the Marine Safety Lieutenant classification who shall have at least three (3) years of continuous service shall be entitled to eight (8) additional hours of vacation for each year of full-time continuous service in excess of three (3) years. The vacation accrual schedule for mid-management employees is as follows: Years Vacation Maximum Hourly Annual Maximum Service Hours Accrual Rate/ Pay Vacation Vacation Earned Period Bi-Weekly Hours Accrual 1 80 3.0769 80 160 2 80 3.0769 80 160 3 80 3.0769 80 160 4 88 3.3846 88 200 5 _ 96 3.6923 96 200 6 104 4.0000 104 200 7 112 4.3044 112 200 8 120 4.6154 120 200 9 128 4.9231 128 240 10 136 5.2308 136 240 11 144 5.5385 144 240 12 152 5.8462 152 240 13 160 6.1538 160 240 C. All employees in the Marine Safety Officer classification who shall have at least (5) Years of continuous service, shall be entitled to eight (8) additional hours of vacation per year of full-time continuous service for each year of service in excess of five (5) years up to a maximum of approximately 160 hours per year. 12 of 28 Resolution Number 6702 MSA D. The vacation accrual schedule is as follows: Years Vacation Maximum Hourly Annual Service Hours Accrual Rate/ Pay Vacation Earned Period Bi-Weekly Hours 1 80 3.0769 80 2 80 3.0769 80 3 80 3.0769 80 4 80 3.0769 80 5 80 3.0769 80 6 88 3.3846 88 7 96 3.6923 96 8 104 4.0000 104 9 112 4.3076 112 10 120 4.6153 120 11 128 4.9230 128 12 136 5.2307 136 13 144 5.5384 144 14 152 5.8461 152 15 160 6.1538 160 E. All employees in the Marine Safety Officer classification shall only be allowed to accrue a maximum of 240 hours of vacation. Once this maximum is reached, all further accruals will cease. Vacation accruals will recommence after the employee has taken vacation and the employee's accrued hours drop below the maximum. The maximum can only be exceeded with the approval of the City Manager in writing. F. Employees covered by this agreement considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacations. G. Employees covered by this agreement who are on leaves of absence, without pay, shall not accrue vacation leave hours during said leaves of absence. H. All employees in the Marine Safety Officer classification not more than once in each fiscal year, who have completed at least 1 year of continuous service shall, upon request, receive compensation for up to 50 hours of accrued vacation time provided that the employee has taken an equal amount of time off within that fiscal year. 13 of 28 Resolution Number 6702 MSA Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees who have been credited with preexisting leave hours are expected to use a portion of the excess as leave time, in addition to the new vacation hours, each year until the maximum accrual is met. The City recognizes that a number of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will likely take them significantly longer to achieve this goal. It is the intent of this section to balance the personal interests of the employee with the financial concerns of the City; as such, significant. progress toward reaching the maximum accrual amounts may be deemed a success. J. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager. Vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies. K. All employees in the Marine Safety Lieutenant classification not more than once in each fiscal year, an employee who has completed at least one year of continuous service shall, upon request, receive compensation for up to 80 hours of accrued vacation time provided that the employee has taken 50 hours of vacation time off within that fiscal year. An employee shall also, upon request, receive compensation for up to 120 hours of accrued vacation time provided that the employee has taken 80 hours of accrued vacation time off within that fiscal year. K. Employees covered by this Agreement shall cease accruing general;leave time effective the first payroll period in December, 1997. Previously earned time shall be used/ compensated for as follows: Upon separation of employment with the City, all compensable hours will be paid to the employee at the employee's then current base rate of pay. SECTION 8: HOLIDAYS A. The City agrees to grant all full-time Marine Safety Association employees a full shift pay for each holiday recognized by City. Every full-time employee of the City shall be granted the following holidays with pay: Holiday I Date 14 of 28 • Resolution Number 6702 MSA New Year's Day January 1st Martin Luther King Day 3rd Monday in January Presidents' Day 3rd Monday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Veteran's Day November 11th Thanksgiving Day Fourth Thursday in November Calendar day following Thanksgiving Day Christmas Eve December 24th Christmas Day December 25th *Floating Holiday (discretion of employee) Total of 12 holidays annually *Floating Holiday must be taken during each fiscal year(July 1st through June 30th). Floating holidays must be approved in advance by the Department Head. B. When a holiday falls on a Sunday, the next day (Monday) shall be observed as a holiday. When a holiday falls on a Saturday, the preceding day (Friday) shall be observed as a holiday. C. When a holiday falls on a full-time employee's regularly scheduled day off, the employee shall receive compensatory time off for a full shift in lieu of holiday pay, in keeping with other provisions of this MOU. holiday falls on the employee's Friday off, Employee A holiday falls on a Monday, Tuesday, Wednesday, or Thursday, Employee B would receive 9 hours of Example #1: Employee A normally works a 4/10 schedule, and a holiday falls on a Monday, Tuesday, Wednesday, Thursday, or Friday, Employee A would receive 10 hours of compensatory time off. D. A Marine Safety Officer who is required to work on a holiday shall receive pay computed at 11/2 times the employees' basic hourly rate for the number of hours actually worked. Example: Employee A works 6 hours on Christmas Day. Employee A would earn pay computed as follows: 15 of 28 Resolution Number 6702 MSA Hours Pay Rate Full-shift holiday pay base hourly rate 6 hours work pay regular hourly rate or overtime hourly rate, as applicable under MOU E. Holiday Closures — The City Manager may designate up to five (5) specific work days in each calendar year between Christmas Day and New Year's Day during which employees may be required to take time off, charged to leave without pay, the employee's accumulated compensatory time, vacation, floating holidays, or a combination thereof, as determined by the affected employee. The days must be consecutive for the employee, but may differ between employees. Employees who do not have sufficient accumulated time off in their account to cover the required time off may request, and will be granted, sufficient advance on their vacation accrual to cover the uncovered balance. This advance will be recovered with the next vacation accruals earned by the employee. Time off of work under this provision shall not be deemed a layoff. B. If an employee is required to work on a City Manager designated closure work day, the employee will receive pay computed at 11/2 times the employees' basic hourly rate for the number of hours actually worked. Example: Employee A normally works a 9/80 schedule, and is required to work 4 hours on a City Manager designated holiday closure work day on December 28, 2016. Employee A would earn pay computed as follows: Hours Pay Rate 4 hours work pays 11/2 times the hourly rate, as applicable under the MOU 5 hours leave time Compensatory time, vacation, floating holiday, or combination thereof SECTION 9: RETIREMENT A. The retirement program provided by the City shall consist of a pooled Public Employee's Retirement System (PERS) plan, which includes the following Government Code provisions: Section 20042 One Year Final Compensation Section 20965 Credit of Unused Sick Leave Section 21024 Military Service Credit 16 of 28 Resolution Number 6702 MSA O {Employees pay 2%) b. Effective first pay period on or following July 1 , 2013: 3% {Employees pay 4°„) c. Effective first pay period on or following July 1 , 2011: 1% {Employees pay 6%) d. Effective first pay period on or following July 1 , 2015: 0% {Employees pay 7%) a. Effective first pay period on or following January 1, 2013: 7% (Employees pay 2%) b. Effective first pay period on or following July 1, 2013: 5% Employees pay 4%) c. Effective first pay period on or following July 1, 2019: 3% Employees pay 6%) d. Effective first pay period on or following July 1, 2016: 2% (Employees pay 7%) B. All employees incumbent in the Marine Safety Association shall participate in the 3% @ 50 formula plan for Local Safety Members. C. The Marine Safety Association employees shall pay 7% of their CALPERS required contribution of their compensation earnable. D. The City shall provide PERS Section 21354 2% @ 55 for miscellaneous members, D. New employees/members hired on or after January 1, 2013 as defined by The Public Employees' Pension Reform Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation. SECTION 10: OVERTIME AND CALL OUT PAY A. The following section pertains to the position of Marine Safety Officer: 1. If work beyond normal workday, workweek or work period is required, the employee who may be asked to perform such overtime shall be notified of the 17 of 28 Resolution Number 6702 MSA apparent need for such overtime as soon as practicable prior to when the overtime is expected to begin. 2. Call out and overtime pay shall be paid at the rate of time and one-half the hourly rate. Minimum "call out" time (when returning to work) shall be 3 hours. Call out time shall start when employee is called to service. 3. Overtime will be computed by dividing the employee's regular monthly salary by 173.3 to arrive at an hourly wage. Paid overtime for the pay period is to be submitted and computed with the regular payroll. 4. Notwithstanding any provision of this Section, the employee shall be entitled to select either compensated overtime or compensatory time off subject to budget limitations, departmental rules and regulations, and Section 11 of this MOU. SECTION 11: COMPENSATORY TIME OFF (CTO) The maximum (cap) of CTO is 120 hours. Compensatory Time earned in excess of 120 hours will be paid as overtime during the pay period accrued. SECTION 12: PROVISIONAL APPOINTMENTS AND.ASSIGNMENTS A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume the responsibilities of the higher classification for 80 consecutive working hours and shall be paid according to the step in the assigned salary range of the new position which is a minimum of 5% higher than the salary received before the provisional appointment (not to exceed the top step). B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a higher level of duty and responsibility than provided for in the employee's assigned classification which is not otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the higher level of duties for 80 consecutive working hours; thereafter the employee shall receive additional compensation of 5% so long as the assignment is authorized by the City Manager. SECTION 13: SENIORITY BONUS Employees who have achieved 10 years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the 10th anniversary of their employment. SECTION 14: AUTOMOBILES AND MILEAGE 18 of 28 Resolution Number 6702 MSA Employees covered by this MOU, utilizing their privately-owned automobiles for City business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the mileage rate established by the Internal Revenue Service (IRS). SECTION 15: ADMINISTRATIVE LEAVE Effective the 1St payroll period in July 201 2016, and every July thereafter: A. Marine Safety Lieutenant shall be entitled to 40 hours of administrative leave during each fiscal year. B. Marine Safety Officers shall be entitled to (16) hours equivalent to two work days of administrative leave during each fiscal year. C. Administrative leave hours may not be carried forward to succeeding years nor may they be turned in for cash value. SECTION 16: LIMITATIONS A. No employee who is receiving Workers' Compensation payments and benefits is eligible to receive overlapping benefits (except life insurance) stated in this MOU. B. City shall not make any monthly payments for premiums for any insurance benefit listed in this MOU, or uniform allowance, supplemental pay of any type and/or type of bonus on behalf of or to any employee who has been absent without authorization during entire said month or for any employee who has terminated for any reasons whatsoever or who is on leave of absence without pay of who is suspended from duties without pay for the entire said month. SECTION 17: DEFERRED COMPENSATION For the classification of Marine Safety Lieutenant, the City shall contribute the equivalent to 3.5% of base salary per payroll period into a deferred compensation program for each employee this classification. For the classification of Marine Safety Officer, the City shall contribute the amount of $40 per payroll period into a deferred compensation program. for each employee in the Supervisors and Profeccionals and Technical position classi#ications. SECTION 18: BILINGUAL COMPENSATION 19 of 28 Resolution Number 6702 MSA A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills. B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee's proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual pay. SECTION 19: ONE-TIME BONUS PAYMENT A. At the City's first regular pay period on or after December 12, 2016, the City shall pay to each full-time non-probationary employee (including each employee that passes probation in FY 2015/16) covered by this MOU a one-time bonus of $1,000.00. Said bonus shall be paid by City, at the direction of employee, either as taxable regular compensation or to a deferred compensation fund. Said bonus is to be a one-time bonus only, and not to be considered salary for the purpose of calculating PERS benefits, or to be paid in any succeeding year under this MOU. SECTION 19: WORK SCHEDULE A. At the discretion of the City Manager, work schedules may be altered as needed to accommodate service demand levels of the residents of the City of Seal Beach. B. Holiday Closures The City Manager may designate up to 5 specific holiday closure work days in each calendar year between Christmas Day and New Y ar's Day during which employees may be required to take time off, charged to, I ave holidays, or a combination thereof, as determined by the affected employcc The days must be consecutive for the employcc, but may differ between employees. Employees who do not have sufficient accumulated time off in their account to their vacation accrual to cover the uncovered balance. This advance will be recovered with the next vacation accruals earned by the employee. Time off of SECTION 20: TUITION REIMBURSEMENT A. Higher Education Degree Programs — Marine Safety Association employees attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped at the tuition rate of the Cal State University system for up to 2 semesters of full-time, undergraduate enrollment each calendar year. 20 of 28 Resolution Number 6702 MSA B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. Example: Employee A attends California State University, Long Beach, for the Spring 2016 semester and completes 2 (3-unit) undergraduate courses with a grade of "C" or better. The tuition reimbursement would be calculated as follows: 2012/2013 State University Tuition $1,587.00 (0-6 units) Required University Fees $ 494.00 (approx.) Parking $ 123.00 Books $ 300.00 (approx.) TOTAL $2,504.00 SECTION 21: COMPENSATION PLAN A. Basic Compensation Plan 1. Employees covered by this MOU shall be included under the Basic Compensation Plan. Every classification under this Plan shall be assigned a salary range adopted by the City Council. The salary schedule shall consist of 5 steps within each range. 2. The first step is a minimum rate and is normally the hiring rate for the classification. An employee may be assigned, upon appointment, to other than the normal entering salary step within the assigned range upon the recommendation of the Department Head and with the approval of the City Manager when it is decided that such action is in the best interests of the City. 3. The second step, B step, is a merit adjustment which may be given at the end of the probationary period subject to the recommendation of the Department Head and with the approval of the City Manager. 4. The third, fourth and fifth steps are merit adjustments to encourage an employee to improve their work and to recognize increased skill on the job. Employees are normally eligible for these adjustments at any time after the completion of 1 year of service at the preceding step. Each adjustment shall be made subject to the recommendation of the Department Head and with the approval of the City Manager. B. Advancement within Salary Ranges 21 of 28 Resolution Number 6702 MSA 1. In order to properly compensate an employee, advancement in salary shall be based on merit. 2. Advancement in salary shall not be automatic, but shall depend upon increased service value of the employee to the City. 3. The Department Head and/or the employee's immediate supervisor shall be responsible to evaluate an employee fairly in an unbiased fashion for the determination of job performance. Advancement shall be made only upon recommendation of the Department Head and with the approval of the City Manager. 4. An employee should be reviewed at least once every 12 months from the effective date of his last performance evaluation, special performance advancement or promotion. Nothing contained herein shall restrict the Department Head from denying the increase after evaluation, nor shall it prevent him from recommending a special performance advancement in salary at any time when unusual or outstanding achievement has been demonstrated. C. Salary Increases 1. Promotional Appointment - When an employee is promoted to a position with a higher salary range, the employee shall be compensated at a step of the salary range assigned to the new position that is closest to providing a 5% salary increase over the base salary received immediately prior to promotion. 2. Temporary Appointment - Employees assigned, in an acting capacity, to a higher classification than the employees' present classification for a period of not less than 80 consecutive working hours shall be entitled to temporary appointment pay. In addition, employees who are assigned by the department director in writing to regularly scheduled acting assignments of less than 80 hours shall also be entitled to temporary appointment pay. Temporary appointment pay will be retroactive to the first hour served in the higher classification and shall be paid at a rate equal to the first step of the higher classification but in no event shall temporary appointment pay be less than 5% more of the employee's current rate. D. Salary Decreases - In the case of a demotion of an employee to a classification with a lower maximum salary, such employee shall be assigned to the appropriate salary step in the new classification as recommended by the Department Head with the approval of the City Manager. The employee shall retain his previous anniversary date. E. Adjustments of Salary Ranges - When a salary range for a given classification is revised upward or downward, the incumbents of positions and 22 of 28 Resolution Number 6702 MSA classifications affected shall have their existing salary adjusted to the same step in the new salary range and their anniversary date shall not be changed. F. Salary and Benefits on Suspension - During suspension from the City service for disciplinary cause, an employee shall forfeit all rights, privileges and salary, except he shall not forfeit his medical health plans, including dental, retirement plan, disability insurance or life insurance. Should such suspension be later modified or revoked, the employee shall be entitled to receive payment for loss of income and benefits during the period of suspension. G. Salary Adiustments During Term of MOU 1. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council Salary increases are as follows: First pay period on or following July 151 2016. Employees shall receive a 2% cost of living adjustment. shall receive 1.6% cost of living adjustment. First pay period on or following July 1, 2013 CPI adjustment, minimum 1% up to 3% maximum, as measured utilizing the change in the Los Angeles Riverside Orange County All Urban Consumers Index for the 12 months of April 2012 - March 2013. . . minimum 1% up to 3% maximum, as measured utilizing the change in the Los Angeles Riverside Orange County All March 2011. minimum 1% up to 3% maximum, as measured utilizing the change in the Los Angeles Riverside Orange County All Urban Consumers Index for the 12 months of April 2014 March.2016. Mid-Management Grade=;: ..1 Job Classifications 31 Marine Safety Lieutenant 23 of 28 Resolution Number 6702 MSA Technical !Grade Lrei Jo6`Cla_ssiticatioi s 23 Marine Safety Officer SECTION 22: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 1. Upon the Department Head's recommendation and approval of the City Manager, an employee may be granted a level of absence without pay in cases of an emergency or where such absence would not be contrary to the best interest of the City, for a period not to exceed 180 working days. 2. Upon written request of the employee, the City Manager may grant a leave of absence, with or without pay, for a period not to exceed 1 year. 3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge. 4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically provided for in this MOU, shall contribute to the employee's disability insurance plan, and life insurance plan for the first 30 days of leave of absence. B. Bereavement Leave The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The bereavement leave shall not be chargeable to or accumulated as sick time or leave time. "Immediate family" is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, step-mother, step-father, step-child, mother-in-law, father-in-law, domestic partner-in-law or dependent relative living with the employee. C. Military Leave of Absence 1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees entitled to military leave shall give the Department Head an opportunity within the limits of military regulations to 24 of 28 Resolution Number 6702 MSA determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Department Head of such leave request 10 working days in advance of the beginning of the leave. 2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement (if applicable) for the first 3 months of military leave. During said period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance (if applicable). 3. After the first 3 months of military leave, the employee may continue said benefits at his cost. D. Pregnancy Disability Leave of Absence 1. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of leave. 2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay. E. Family Leave - Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees "immediate family" as defined in Section 6. 1 . Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City. 2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date proceeding the time when the leave is to begin. 3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws. 4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave. 25 of 28 Resolution Number 6702 MSA 5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws. F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate vacation, administrative leave, and CTO leave credits on an hour for hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate family. Sick Leave is excluded from this program. The following conditions shall apply to Catastrophic Leave: 1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. 2. The leave pool shall be administered by the Finance Department. 3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave. 4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program. 5. All donations are to be confidential, between the donating employee and the Finance Department. 6. Employees donating to the pool must have 40 hours of paid leave available after making a donation. 7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation. 8. Donations will be subject to applicable tax laws. 9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. 10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician's Statement that the presence of the employee is necessary. 11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced by a Physician's Statement as to the employee's condition. 26 of 28 Resolution Number 6702 MSA SECTION 23: MISCELLANEOUS Layoff: The City is to give Association 45 days prior notice before the effective date of any layoffs. During this 45 day period, the City will, upon request, meet and confer on the impact of the layoffs. SECTION 24: TERM The Memorandum of Understanding shall remain in full force and effect from December 12, 2016 until midnight June 30, 2017. SECTION 25: APPEALS A. Employees shall be allowed to appeal written reprimands to the Personnel Officer. Such appeals shall be filed within 14 calendar days. The decision of the Personnel Office shall be final. B. Hearings held pursuant to Personnel Rule 10.02, Automatic Resignation shall be interpreted to allow employees to present evidence showing the absence was for good cause and that circumstance prevented them from contacting the City. SECTION 26: REOPENER City and Association agrees to reconvene during the terms of this MOU to discuss all fringe benefits, including but not limited to health plans, the implementation of HSA or HRA programs for employee and retiree medical premiums. SECTION 27: RATIFICATION This Memorandum of Understanding is subject to approval and adoption by the City Council and ratification by the required number of the duly authorized representatives of the Association. Following such approval and adoption, the Memorandum of Understanding shall be implemented by the appropriate resolution(s), ordinance(s), or other written action of the City Council. IN WITNESS HEREOF, the parties have hereto caused this Memorandum of Understanding to be executed 27 of 28 Resolution Number 6702 MSA Date: Date: Patrick Gallegos, Assistant City Manager CITY OF SEAL BEACH MARINE SAFETY ASSOCIATION: Date: Chris Pierce President Date: Nick Bolin Vice President Date: Gregorio Daniel Teamsters 28 of 28 Attachment "D" Adopted by Resolution No. 6702 EXHIBIT C 4.SEAL , s,, i (� �� SIB • 6.mi..— i Exhibit C to Resolution Number 6702 Mid Management TABLE OF CONTENTS SECTION 1: MANAGEMENT RIGHTS 4 SECTION 2: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE A. Health Insurance Coverage 4 B. Life Insurance 5 C. Income Continuation 6 SECTION 3: RETIREE HEALTH INSURANCE 6 SECTION 4: SICK LEAVE 7 SECTION 5: LEAVES OF ABSENCE A. Authorized Leave of Absence without Pay 7 B. Bereavement Leave 8 C. Military Leave of Absence 8 D. Pregnancy Disability Leave of Absence 9 E. Family Leave 9 F. Catastrophic Leave 9 SECTION 6: VACATION 10 SECTION 7: HOLIDAYS A. Holidays 12 2 of 17 Exhibit C to Resolution Number 6702 Mid Management B. Holiday Closures 12 SECTION 8: RETIREMENT SYSTEM 13 SECTION 9: PROVISIONAL APPOINTMENTS 13 SECTION 10: SENIORITY.BONUS 14 SECTION 11: AUTOMOBILES AND MILEAGE 14 SECTION 12: JURY DUTY 14 SECTION 13: ADMINISTRATIVE LEAVE 14 SECTION 14: LIMITATIONS 14 SECTION 15: DEFERRED COMPENSATION 15 SECTION 16: BILINGUAL COMPENSATION 15 SECTION 17: ONE-TIME BONUS PAYMENT 15 SECTION 17: WORK SCHEDULE 15 SECTION 18`. SALARIES 15 SECTION 19: TUITION REIMBURSEMENT 16 EFFECTIVE DATE 17 3 of 17 Exhibit C to Resolution Number 6702 Mid Management TERMS & CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF SEAL BEACH AND MID-MANAGEMENT EMPLOYEES AND CONFIDENTIAL SECTION 1: MANAGEMENT RIGHTS The City reserves, retains and is vested, solely and exclusively, with all rights of Management which have not been expressly abridged by specific provisions of this Resolution of Compensation, as such rights existed prior to the execution of this Resolution. SECTION 2: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE A. Health Insurance Coverage I. The City shall provide for full-time employees and eligible retired employees a group hospital, medical and dental insurance plan. 2. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act (PEMHCA) minimum contribution. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees. 3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the employees during negotiations. For employees participating in the City's full flex cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the full flex cafeteria plan. Beginning January 1, 2016, the monthly flex dollar allowance shall be: For Single Employees $806.68/month For Employee and 1 dependent $1246.68/month For Employee and 2 or more dependents $1612.06/month 4. A portion of the monthly flex dollar allowance is identified as the City's contribution towards PEMHCA. Thus, for example, in calendar year 2016, a single employee's monthly flex dollar allowance is $806.68, of that $806.68; $125 has been designated by the City as its required PEMHCA contribution to 4 of 17 Exhibit C to Resolution:Number 6702 Mid Management CaIPERS. The monthly flex dollar allowance may only be used in accordance with the terms of the full flex cafeteria plan. 5. Effective January 1 , 2017, and every January 1st during the term of this agreement, the City shall increase the contribution amounts above by the average percentage of increase for basic plans published by CaIPERS which sets health insurance premiums for the coverage year. 6. Employees enrolled in the plan are required to pay any premium amounts in excess of the above City contribution. Such amounts will be deducted from the affected employee's payroll check on the 1St 2 pay periods for each month. 7. Beginning January 2017, the minimum employer contribution for participating in the PEMHCA will be adjusted annually to reflect any change in the health care component of the Consumer Price Index. Effective January 1, 2016, the minimum employer contribution is $125 per month per employee/retiree. 8. Employees meeting the waiver criteria and electing to waive enrollment in the City's full flex cafeteria plan are eligible to receive $350 per month (upon showing proof of medical insurance coverage under an alternative plan). Election forms are available in the Human Resources. 9. Part-time, seasonal, provisional and/or hourly employees shall not be eligible for participation in this program. 10. Full-time employees by these Terms and Conditions who have completed 30 days of uninterrupted service shall be enrolled in the full flex cafeteria plan on the 1st day of the next succeeding month. 11. Employees who change classification from full-time to part-time provisional, hourly, or seasonal shall not be eligible for participation in the kill flex cafeteria plan. 12. The City shall not contribute a flex dollar amount for any employee during any month the employee is on leave of absence without pay or who is absent from regular duties without authorization, for a full calendar month. .City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers' Compensation Insurance. B. Life Insurance 1. All employees incumbent in position classifications listed in Section 18 shall receive a $50,000 term life insurance policy paid by the City. 5 of 17 Exhibit C to Resolution Number 6702 Mid Management 2. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. C. Income Continuation 1. Employees incumbent in position classifications listed in Section 18 shall receive an income continuation policy to provide for income continuation of 66.67% of the employee's monthly salary, up to a maximum of $5,000 per month, whichever is lesser. 2. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. 3. Said income continuation shall commence on the 31st day of sickness or other bona fide absence or upon expiration of sick leave, whichever occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65. SECTION 3: RETIREE HEALTH INSURANCE A. Employees covered by these Terms and Conditions shall have the option upon retirement, to continue participation in the City's health insurance program at the employee's expense. B. Employees in the Mid-Management and Confidential classification who retire after December 31, 2007, and on or before December 31 , 2009, with 20 or more combined years of employment with the City shall, upon retirement, be provided with individual and eligible dependent medical insurance coverage. The City shall contribute monthly to the cost of the selected coverage consistent with the appropriate level as specified in Section 2 - A in these Terms and Conditions. C. Employees in the Mid-Management and Confidential classification who were hired before January 1, 2008 by the City, and who retire after December 31, 2009, with 20 or more combined years of employment with the City shall, upon retirement; be provided with individual medical insurance coverage. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical insurance coverage shall also be provided at the rate of (a) the average of the 2 lowest costs medical care plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City's contribution will be capped at the rate of (a) the average of the 2 lowest costs Medicare supplement plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO Medicare supplement plan, whichever is greater. 6 of 17 Exhibit C to Resolution Number 6702 Mid Management D. Employees who were hired on or after January 1, 2008 by the City, and who retire from the City, shall be eligible to receive a City contribution not to exceed the PEMHCA minimum employer contribution towards health coverage under CaIPERS, as determined by CaIPERS from time to time. E. An employee with a service retirement and who is eligible to receive retiree medical insurance per Section 3, B & C of this exhibit, may also receive an increase to the medical insurance cap in effect at the time of his/her retirement (not to exceed $175 per month in additional contributions), until Medicare begins at age 65 with lower supplemental insurance rates. This additional contribution to the cap will accommodate increases in medical insurance plans over the term of the employee's retirement. F. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree. G. In the event an eligible retired employee resides in an area where the medical plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex contribution at time of retirement. SECTION 4: SICK LEAVE A. All full-time employees covered by these Terms and Conditions shall accrue sick leave at the rate of 1 day per month (8 hours). The maximum accrual of sick leave hours shall be 520 hours. B. Existing sick leave balances which have remained intact and have not been converted to leave time may be utilized by the employee for sick• leave purposes only. C. Upon termination of employment with the City, all compensable leave hours will be paid to the employee at the employee's base rate of pay. Sick leave balances which have not been converted to leave time will be paid to the employee upon termination at 25% of the employee's base rate of pay. D. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. SECTION 5: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 1 . Upon the Department.Head's recommendation and approval of the City Manager, an employee may be granted a leave of absence without pay in cases of an emergency or where such absence would not be contrary to the best 7 of 17 Exhibit C to Resolution Number 6702 Mid Management interest of the City, for a period not to exceed 180 working days. 2. Upon written request of the employee, the City Council may grant a leave of absence, with or without pay, for a period not to exceed one (1) year. 3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the position held at the time leave was granted. Failure on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge. 4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically provided for in these Terms and Conditions, shall contribute to the employee's disability insurance plan, and life insurance plan for the first 30 days of leave of absence. B. Bereavement Leave The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The bereavement leave shall not be chargeable to or accumulated as sick time or leave time. "Immediate family" is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, step-mother, step-father, step-child, mother-in-law, father-in-law, domestic partner-in-law or dependent relative living with the employee. C. Military Leave of Absence 1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees entitled to military leave shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Department Head of such leave request 10 working days in advance of the beginning of the leave. 2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement, (if applicable)) for the first three (3) months of military leave. During said period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance (if applicable). 3. After the first (three) 3 months of military leave, the employee may continue said benefits at their cost. 8 of 17 Exhibit C:to Resolution Number 6702 Mid Management D. Pregnancy Disability Leave of Absence 1.. An employee who is disabled due to pregnancy shall be granted a pregnancy disability leave as provided by the State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of leave. 2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay. E. Family Leave - Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees "immediate family" as defined in Section 5 - B. 1 . Proof of the birth or adoption of a newborn infant or the serious illness/injury of the family member must be submitted to the City. 2. Requests for family leave must be submitted in writing to the employee's supervisor at the earliest possible date proceeding the time when the leave is to begin. 3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws. 4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave. 5. Family leave may be granted only upon the recommendation of the Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws. F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to enable.full time employees to receive and donate vacation, administrative leave, and Compensatory Time Off (CTO) leave credits on an hour for hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate family. Sick Leave is excluded from this program. The following conditions shall apply to Catastrophid.Leave: 1 . Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. 9 of 17 Exhibit C to Resolution Number 6702 Mid Management 2. The leave pool shall be administered by the Finance Department. 3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave. 4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program. 5. All donations are to be confidential, between the donating employee and the Finance Department. 6. Employees donating to the pool must have 40 hours of paid leave available after making a donation. 7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation. 8. Donations will be subject to applicable tax laws. 9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. 10. Catastrophic Leave due to illness or injury of an immediate,family member may require medical justification as evidenced by a Physician's Statement that the presence of the employee is necessary. 11. Catastrophic Leave due to the illness or injury of the employee will require medical justification as evidenced by a Physician's Statement as to the employee's condition. SECTION 6: VACATION A. All Mid-Management and Confidential employees who have passed the employee probationary period (as defined in the Personnel Rules and Regulations, Section 6.01) shall be given a vacation of 80 hours with pay each year. B. All Mid-management and Confidential employees, who shall have at least three (3) years of continuous service shall be entitled to eight (8) additional hours of vacation for each year of full-time continuous service in excess of three (3) years. The vacation accrual schedule for Mid-management and Confidential employees is as follows: 10 of 17 Exhibit C to Resolution Number 6702 Mid Management Years Vacation Maximum Hourly Annual Maximum Service Hours Accrual Rate/Pay Vacation Vacation Earned Period Bi-Weekly Hours Accrual 1 80 3.0769 80 160 2 80 3.0769 80 160 3 80 3.0769 80 160 4 88 3.3846 88 200 5 96 3.6923 96 200 6 104 4.0000 104 200 7 1'12 4.3044 112 200 8 120 4.6154 120 200 9 128 4.9231 128 240 10 136 5.2308 136 240 11 144 5.5385 144 240 1.2 152 5.8462 152 240 13 _ 160 6.1538 160 240 C. Employees of the City considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacations. D. Employees who have authorized leaves of absence without pay shall not accumulate vacation credits or pay during said leave of absence. E. Employees are encouraged to use at least the amount of vacation hours earned each fiscal year. Those employees who have been credited in excess of the maximum vacation accrual allowed are expected to use a portion of the excess as leave time, in addition to other vacation time, each year until the maximum accrual is met. The City recognizes that a number of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will likely take them significantly longer to achieve the maximum accrual level. It is the intent of this section to balance the personal interests of the employee with the financial concerns of the City; as 'such, significant progress toward reaching the maximum accrual amounts may be deemed a success. F. Vacation leave time shall not be approved until such time as it has been earned, unless prior, special arrangements have been made with the City Manager. The time at which an employee shall take vacation leave shall be requested by the employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies. 11 of 17 Exhibit C to Resolution Number 6702 Mid Management G. Not more than once in each fiscal year, an employee who has completed at least one year of continuous service shall, upon request, receive compensation for up to 80 hours of accrued vacation time provided that the employee has taken 50 hours of vacation time off within that fiscal year. An employee shall also, upon request, receive compensation for up to 120 hours of accrued vacation time provided that the employee has taken 80 hours of accrued vacation time off within that fiscal year. SECTION 7: HOLIDAYS A. All employees incumbent in position classifications listed in Section 18 shall be granted the following holidays with pay: Holiday Date I New Year's Day January 1st Martin Luther King Day 3rd Monday in January Presidents' Day 3rd M onday in February Memorial Day Last Monday in May Independence Day July 4th Labor Day First Monday in September Veteran's Day November 11th Thanksgiving Day Fourth Thursday in November Calendar day following Thanksgiving Day Christmas Eve December 24th Christmas Day December 25th *Floating Holiday (discretion of employee) Total of 12 holidays annually 'Floating Holiday must be taken during each fiscal year(July 1st through June 30th). B. Holiday Closures — The City Manager may designate up to five (5) specific work days in each calendar year between Christmas Day and New Year's Day during which employees may be required to take time off, charged to leave without pay, the employee's accumulated compensatory time, vacation, floating holidays, or a combination thereof, as determined by the affected employee. The days must be consecutive for the employee, but may differ between employees. Employees who do not have sufficient accumulated time off in their account to cover the required time off may request, and will be granted, sufficient advance on their vacation accrual to cover the uncovered balance. This advance will be recovered with the next vacation accruals earned by the employee. Time off of work under this provision shall not be deemed a layoff. 12 of 17 Exhibit C to Resolution Number 6702 Mid Management SECTIONS: RETIREMENT SYSTEM A. The retirement program provided by the City shall consist of a pooled Public Employee's Retirement System (PERS) plan which includes the following provisions: Section 20042 - One.Year Final Compensation Section 20965 - Credit of Unused Sick Leave Section 21024 - Military Service Credit B. Mid-Management and Confidential Employees 1 . The Mid-Management and Confidential employees shall pay the full 7% of their CaIPERS required contribution of their compensation earnable. C. Effective November 1, 1995, the City shall include PERS Section 21354 - 2% @ 55 for miscellaneous members. D. City agrees to study the enhancement of retirement benefits to the current PERS 2% at 55 program either through PERS or other options available through PARS. The City's commitment to study this issue in no way binds the City to any type or form of enhancement now or in the future. E. New employees/members hired on or after January 1, 2013 as defined by The Public Employees' Pension Reform. Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation. SECTION 9: PROVISIONAL APPOINTMENTS A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher classification to fill a temporary vacancy. The employee, when so appointed, must perform the duties and assume the responsibilities of the higher classification for 80 consecutive working hours and shall be paid according to the step in the assigned salary range of the new position which is next higher than the salary received before the provisional appointment. B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a higher level of duty and responsibility than provided for in the employee's assigned classification which is not otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the higher level of duties for 80 consecutive working hours thereafter the employee shall receive additional compensation of 5% so long as the assignment is authorized by the City Manager. 13 of 17 Exhibit C to Resolution Number 6702 Mid Management SECTION 10: SENIORITY BONUS Employees, who have achieved 10 years of uninterrupted employment with the City shall receive a 5% increase in base salary effective on the 10th anniversary of their employment. Sworn police personnel are exempt from this section. SECTION 11: AUTOMOBILES AND MILEAGE A. Employees covered by these Terms and Conditions, utilizing their privately-owned automobiles for City business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the mileage rate established by Internal Revenue Service (IRS). B. The Deputy Director of Public Works/Maintenance and Utilities will have use of a City vehicle. SECTION 12: JURY DUTY See Personnel Rules and Regulations (Resolution 5446) Section 10.06 (C) for rules on jury duty. SECTION 13: ADMINISTRATIVE LEAVE Effective the 1st payroll period in July 2016, and every July 1st thereafter: A. Mid-Management and Confidential position classifications, unless otherwise specified, shall be entitled to 40 hours of administrative leave each fiscal year. B. Administrative leave days may not be carried forward to succeeding years nor may they be turned in for cash value. SECTION 14: LIMITATIONS A. No employee who is eligible to receive Workers' Compensation is eligible to receive overlapping benefits (except life insurance) stated in these Terms and Conditions. B. City shall not make any monthly payments for premiums for any insurance benefit listed in these Terms and Conditions, or uniform allowance, supplemental pay of any type and/or type of bonus on behalf of, or to, any employee who has been absent without authorization during entire said month or for any employee who has terminated for any reasons whatsoever or who is on leave of absence without pay or who is suspended from duties without pay for the entire said month. 14 of 17 Exhibit C to Resolution Number 6702 Mid Management SECTION 15: DEFERRED COMPENSATION The City shall contribute the equivalent to 3.5% of base salary per payroll period into a deferred compensation program for each employee in the Mid- Management and Confidential position classifications. SECTION 16: BILINGUAL COMPENSATION A. Upon the recommendation of a department director, the City Manager may award a bilingual compensation bonus of $52.50 per payroll period to those employees in positions determined to require bilingual skills. B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee's proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual pay. SECTION 17: ONE-TIME BONUS PAYMENT A. At the City's first regular pay period on or after December 12, 2016, the City shall pay to each full-time non-probationary employee (including each employee that passes probation in FY 2015/16) covered by this MOU a one-time bonus of $1,000.00. Said bonus shall be paid by City, at the direction of employee, either as taxable regular compensation or to a deferred compensation fund.. Said bonus is to be a one-time bonus only, and not to be considered salary for the purpose of calculating PERS benefits, or to be paid in any succeeding year under this MOU. SECTION 18: WORK SCHEDULE At the discretion of the City Manager, work schedules may be altered as needed to meet the service demand levels of the residents of the City of Seal Beach. SECTION 19: SALARIES A. Effective the first payroll period following July 1 , 2016: Mid-Management _ c:jbb Classifications!. 47 Deputy Director of Public Works/City Engineer 39 Deputy Director of Public Works/Maintenance and Utilities 38 Building Official 15 of 17 Exhibit C to Resolution Number 6702 Mid Management 36 Finance Manager 36 Senior Planner 36 Recreation Manager 36 Associate Engineer _ 28 Police Records Supervisor 26 Management Analyst 25 Accountant Confidential iiefarde4 Virktaillob Classifications: 13 Executive Assistant (Confidential) B. The salary schedule for each position classification affected is .hereby determined and established upon adoption by City Council. Salary increases are as follows: First pay period on or following July 1, 2016: Employees shall receive 2% cost of living adjustment. First pay period on or following July 1, 2017 - CPI adjustment, minimum 2% up to 3% maximum, as measured utilizing the change in the Los Angeles - Riverside - Orange County All Urban Consumers Index for the 12 months of April 2016 - April 2017. First pay period on or following July 1, 2018 - CPI adjustment, minimum 2% up to 3% maximum, as measured utilizing the change in the Los Angeles - Riverside - Orange County All Urban Consumers Index for the 12 months of April 2017 - April 2018. SECTION 20: TUITION REIMBURSEMENT A. Higher Education Degree Programs —Mid-Managers and Confidential employees attending accredited community colleges, universities, and trade schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped each calendar year at the tuition rate of the Cal State University system for up to two (2) semesters of full-time, undergraduate enrollment. B. Reimbursement is contingent upon the successful completion of the course. Successful completion means a grade of "C" or better for undergraduate courses and a grade of "B" or better for graduate courses. All claims for tuition 16 of 17 Exhibit C°to;Resolution Number 6702 Mid Management reimbursement require prior approval and are subject to verification and approval by the City Manager. Example: Employee A attends California State University, Long Beach, for the Spring 2016 semester and completes 2 (3-unit) undergraduate courses with a grade of "C" or better. The tuition reimbursement would be calculated as follows: 2016/2017 State University Tuition $1,587.00 (0-6 units) Required University Fees $ 494.00 (approx.) Parking $ 123.00 Books $ 300.00 (approx.) TOTAL $2504.00 SECTION 21: EFFECTIVE DATE These Terms and Conditions shall become effective on December 12, 2016. 17 of 17 Adopted by Resolution No. 6702 EXHIBIT C /„F SEA e,;y ran\� r `k IFOR0 EXECUTIVE MANAGEMENT MID-MANAGEMENT AND CONFIDENTIAL 1 I TERMS & CONDITIONS OF EMPLOYMENT EFFECTIVEADOPTED: December 12, 2016 I Exhibit C to Resolution Number 6702 Exeetutive(Mid Management EXPIRES: JUNE 30, 2019 2 of 20 Exhibit CA to Resolution Number 6702232 xeeutive/Mid Management TABLE OF CONTENTS SECTION 1: MANAGEMENT RIGHTS 4 SECTION 2: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE A. Health Insurance Coverage 4 B. Life Insurance 5 C. Income Continuation 5 SECTION,3: RETIREE HEALTH INSURANCE 5 SECTION 4: SICK LEAVE 7 SECTION 5: LEAVES OF ABSENCE A. Authorized Leave of Absence without Pay 7 B. Bereavement Leave 7 C. Military Leave of Absence 7 D. Pregnancy Disability Leave of Absence 8 E. Family Leave 8 F. Catastrophic Leave 8 SECTION 6: VACATION 9 SECTION 7: HOLIDAYS A. Holidays 10 3 of 20 Exhibit C to Resolution Number 6702 Exeeative/Mid Management B. Holiday Closures 11 SECTION 8: RETIREMENT SYSTEM 11 SECTION 9: PROVISIONAL APPOINTMENTS 12 SECTION 10: SENIORITY BONUS 12 SECTION 11: AUTOMOBILES AND MILEAGE 12 SECTION 12:(RESERVED)JURY DUTY 12 SECTION 13: ADMINISTRATIVE LEAVE 12 SECTION 14: LIMITATIONS 12 SECTION 15: DEFERRED COMPENSATION 13 SECTION 16: BILINGUAL COMPENSATION 13 SECTION 17: ONE-TIME BONUS PAYMENT 13 SECTION 17: WORK SCHEDULE 13 SECTION 18: SALARIES - 13 SECTION.19: TUrnON REIMBURSEMENT 14 EFFECTIVE DATE 15 4 of 20 Exhibit CA to Resolution Number 6702332 Exeeutiye/Mid Managerent TERMS & CONDITIONS OF EMPLOYMENT BETWEEN THE CITY OF SEAL BEACH AND EXECUTIVE MANAGEMENT ,• AND MID-MANAGEMENT EMPLOYEES AND CONFIDENTIAL SECTION 1: MANAGEMENT RIGHTS The City reserves, retains and is vested, solely and exclusively, with all rights of Management which have not been expressly abridged by specific provisions of this Resolution of Compensation, as such rights existed prior to the execution of this Resolution. SECTION 2: HEALTH INSURANCE COVERAGE: LIFE & DISABILITY INSURANCE A. Health Insurance Coverage I. The City shall provide for full-time employees and eligible retired employees a group hospital, medical and dental insurance plan. 2. The City shall contribute to the cost of medical coverage for each eligible employee and his/her dependents, an amount not to exceed the California Public Employees' Medical and Hospital Care Act(PEMHCA)minimum contribution. The City shall contribute an equal amount towards the cost of medical coverage under PEMHCA for both active eligible employees and eligible retirees. 3. The City shall implement a full flex cafeteria plan for eligible employees in accordance with the criteria provided to the employees during negotiations. For employees participating in the City's full flex cafeteria plan, each employee shall receive a monthly flex dollar allowance to be used for the purchase of benefits under the full flex cafeteria plan. Beginning January 1, 20132016, the monthly flex dollar allowance shall be: For Single Employees $705:10806.68/month For Employee and 1 dependent $ 088,601246.68/month For Employee and 2 or more dependents $1,100.061612.06/month 4. A portion of the monthly flex dollar allowance is identified as the Citys contribution towards PEMHCA. Thus, for example, in calendar year 20132016, a single employee's monthly flex dollar allowance is $705:20806.69, 5 of 20 Exhibit C to Resolution Number 6702 Executive/Mid Management of that$706.10806.68; $116 125 has been designated by the City as its required PEMHCA contribution to CaIPERS. The monthly flex dollar allowance may only be used in accordance with the terms of the full flex cafeteria plan. 5. Effective January 1, 20442017, and every January 1st during the term of this agreement,the City shall increase the contribution amounts above by the average percentage of increase for basic plans published by CaIPERS which sets health insurance premiums for the coverage year. 6. Employees enrolled in the plan are required to pay any premium amounts in excess of the above City contribution. Such amounts will be deducted from the affected employee's payroll check on the 1St 2 pay periods for each month. 7. Beginning January 20442017, the minimum employer contribution for participating in the PEMHCA will be adjusted annually to reflect any change in the health care component of the Consumer.Price Index. Effective January 1, 20132016, the minimum employer contribution is $116 125 per month per employee/retiree. 8. Employees meeting the waiver criteria and electing to waive enrollment in the City's full flex cafeteria plan are eligible to receive $33050 per month (upon showing proof of medical insurance coverage under an alternative plan). Election forms are available in the Human Resources. 9. Part-time, seasonal, provisional and/or hourly employees shall not be eligible for participation in this program. 10. Full-time employees by these Terms and Conditions who have completed 30 days of uninterrupted service shall be enrolled in the full flex cafeteria plan on the 1st day of the next succeeding month. 11. Employees who change classification from full-time to part-time provisional, hourly, or seasonal shall not be eligible for participation in the full flex cafeteria plan. 12. The City shall not contribute a flex dollar amount for any employee during any month the employee is on leave of absence without pay or who is absent from regular duties without authorization, for a full calendar month. .City shall contribute to the cafeteria plan for eligible employees receiving temporary payments from Workers' Compensation Insurance. B. Life Insurance 1. All employees incumbent in position classifications listed in Section 18 shall receive a$50,000 term life insurance policy paid by the City. 6 of 20 Exhibit CA to Resolution Number 6702332 E-xesetivotMid,Mahagement 2. Said insurance shall become effective after the employee has completed 30 days of uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. C. Income Continuation 1. Employees incumbent in position classifications listed in Section 18 shall receive an income continuation policy.to provide for income continuation of 66.67%of the employee's monthly salary, up to a maximum of$5,000 per month, whichever is lesser. 2. Said insurance shall become effective after the employee has completed 30 days of'uninterrupted service with said employee to be enrolled in the program on the 1st day of the next succeeding month. 3. Said income continuation shall commence on the 31st day of sickness or other bona fide absence or upon,expiration of sick leave, whichever occurs later, and continuing thereafter while the employee is absent from work for a period of up to age 65. SECTION 3: RETIREE HEALTH INSURANCE • A. Employees covered by these Terms and Conditions shall have the option upon retirement, to continue participation in the City's health insurance program at the employee's expense. 7 of 20 Exhibit C to Resolution Number 6702 Executive/Mid Management DB. Employees in the Mid-Management and Confidential classification who retire after December 31, 2007, and on or before December 31, 2009, with 20 or more combined years of employment with the City shall, upon retirement, be provided with individual and eligible dependent medical insurance coverage. The City shall contribute monthly to the cost of the selected coverage consistent with the appropriate level as specified in Section 2-A in these Terms and Conditions. EC. Employees in the Mid-Management and Confidential classification who were hired before January 1, 2008 by the City,and who retire after December 31, 2009, with 20 or more•combined years of employment with the City shall, upon retirement, be provided with individual medical insurance coverage. If said employee has 30 or more combined years of employment with the City upon retirement, eligible dependent medical,insurance coverage shall'also be provided at the rate of(a) the average of the 2 lowest costs medical care,plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO, whichever is greater. When the retired employee becomes Medicare eligible, the City's contribution will be capped at the rate of(a)the average of.the 2 lowest costs Medicare supplement plans offered by CaIPERS, or (b) the CaIPERS Kaiser HMO Medicare supplement plan,whichever is greater. D. Employees who were hired on or after January 1, 2008 by the City, and who retire from the City, shall be eligible to receive a City contribution not to exceed the PEMHCA minimum employer contribution towards health coverage under CaIPERS,as determined by CaIPERS'from time to time. GE. An employee with a service retirement and who is eligible to receive • retiree medical.insurance per Section 3; B & C of this exhibit, may also receive an increase to the medical insurance cap in effect. at the time of his/her retirement (not to exceed $175 per month in additional contributions), until Medicare begins at age 65 with lower supplemental insurance rates. This additional contribution to the cap will accommodate increases in medical insurance plans over the term of the employee's retirement. • �—.—' -,-Xommented IPGl]!No swomof.nm.in this gaup, W. In all cases, the City's contribution for eligible dependent coverage for retirees shall terminate with the death of the retiree. JO. In the event an eligible retired employee resides in an area where the medical plans provided by the City are not in effect, that retired employee shall be entitled to receive in cash each month an amount equal to the City flex • contribution at time of retirement. 8 of 20 Exhibit CA to Resolution Number 6702332 Eifeeutive/Mid Management SECTION 4: SICK LEAVE A. All full-time employees covered by these Terms and Conditions shall accrue sick leave at the rate of 1 day per month (8 hours). The maximum accrual of sick leave hours shall be 520 hours. B. Existing sick leave balances which have remained intact and have not been converted to leave time may be utilized by the employee for sick leave purposes only. C. Upon termination of employment with the City, all compensable leave hours will be°paid to the employee arthe employee's base rate of pay. Sick leave balances which have not been converted to leave time will be paid to the employee upon termination at 25%of the employee's base rate of pay. D. Employees who are on authorized leaves of absence, without pay, shall not accrue sick leave hours during said leaves of absence. SECTION 5: LEAVES OF ABSENCE A. Authorized Leave of Absence Without Pay 1. Upon the Department Head's recommendation and approval of the p City Manager, an employee may be granted a leave of absence without pay in cases of an emergency or where such absence would'not be contrary to the best interest of the City, for a period not to exceed 180 working days. 2. Upon written request of the employee,the City Council may grant a leave of absence,with or without pay, for a period not to exceed one(1)year. 3. At the expiration of the approved leave, after notice to return to duty, the employee shall be reinstated to the'position held at the time leave was granted. Failure.on the part of the employee to report promptly at such leave's expiration and receipt of notice to return to duty shall be cause for discharge. 4. During any authorized leave of absence without pay, an employee shall not be eligible to accumulate or receive fringe benefits, except an employee shall receive their monthly flex dollar allowance and the City, as specifically provided for in.these Terms and Conditions, shall contribute to the employee's disability insurance plan, and life insurance plan for the first 30 days of leave of absence. B. Bereavement Leave The City agrees to provide 40 hours bereavement leave with pay for death in the immediate family. The bereavement leave shall not be chargeable to or 9 of 20 Exhibit C to Resolution Number 6702 &xeeetive/Mid Management accumulated as sick time or leave time. "Immediate family" is defined as spouse, registered domestic partner, father, mother, son, daughter, brother, sister, grandparent, grandchild, step-mother, step-father, step-child, mother-in-law, father-in-law, domestic partner-in-law or dependent relative living with the employee. C. Military Leave of Absence 1. Military leave shall be granted in accordance with the provisions of Federal and State law. All employees entitled to military leave shall give the Department Head an opportunity within the limits of military regulations to determine when such leave shall be taken. Whenever possible, the employee involved shall notify the Department Head of such leave request 10 working days in advance of the beginning of the leave. 2. In addition to the provisions of State law, the City shall continue to provide eligible employees on military leave, the monthly flex dollar allowance under the cafeteria plan and disability and life insurance and retirement, Of applicable)) for the first three (3) months of military leave. During said period, the employee shall be required to pay to the City the amount that exceeds the monthly flex dollar allowance Of applicable). 3. After the first(three) 3 months of military leave, the employee may continue said benefits at their cost. D. Pregnancy Disability Leave of Absence 1. An employee who is disabled due to pregnancy shall be granted a pregnancy disabilityleave as provided'by the State of California and the Federal Family Medical Leave Act. The employee may elect to take a lesser period of leave. 2. Disabilities arising out of pregnancy shall be treated the same as other temporary disabilities in terms of eligibility for, or entitlement to, leave with or without pay. E. Family Leave-Upon a demonstration of need and subject to the following conditions, an employee may take leave or unpaid leave to care for his newborn infant, whether through parentage or adoption, or to care for a seriously ill or injured member of the employees"immediate family"as defined in Section 5 - B. 1. Proof of the birth or adoption of a newborn infant or the serious illnesslnjury of the family member must be submitted to the City. 2. Requests for family leave must be submitted in writing to the 10 of 20 Exhibit CA to Resolution Number 6702332 ExesWivo/Mid Management employee's supervisor at the earliest possible date proceeding the time when the leave is to begin. 3. Operational needs of the City shall be relevant in determinations regarding the granting of family leave in accordance with the provisions of State and Federal Family Leave laws. 4. In the event of an extended family leave, the employee may be required to periodically report on the status of the situation giving rise to the leave. 5. Family leave may be granted only upon the recommendation of the • Department Head and approval of the City Manager consistent with the provisions of State and Federal Family Leave laws. F. Catastrophic Leave - The purpose of the Catastrophic Leave Pool is to enable full time employees to receive and donate vacation, administrative leave, and Compensatory Time Off (CTO) leave credits on an hour for hour basis to assist employees who have no leave and who will suffer a financial hardship due to prolonged illness or injury to themselves or a member of their immediate family. Sick Leave is excluded from this program. The following conditions shall apply to Catastrophic Leave: 1. Catastrophic Leave will be available only to employees who have exhausted their own paid leave through bona fide serious illness or accident. 2. The leave pool shall be administered by the Finance Department. 3. Employees must be in regular full-time appointed positions to be eligible to receive catastrophic leave. 4. Employees receiving Long-Term Disability payments are excluded from receiving catastrophic leave under this program. 5. All donations are to be confidential, between the donating employee and the Finance Department. 6. Employees donating to the pool must have 40 hours of paid leave available after making a donation. 7. Donating employees must sign an authorization, including specifying the specific employee to be the recipient of the donation. 8. Donations will be subject to applicable tax laws. 11 of 20 1 Exhibit C to Resolution Number 6702 Executive/Mid Management • 9. The availability of Catastrophic Leave shall not delay or prevent the City from taking action to medically separate or disability retire an employee. 10. Catastrophic Leave due to illness or injury of an immediate family member may require medical justification as evidenced by a Physician's Statement that the presence of the employee is necessary. 11. Catastrophic Leave due.to the illness or injury of the employee will require medical justification as evidenced by a Physician's Statement as to the employee's condition. SECTION 6: VACATION I BA. All mMid-Mmanagement and Confidential employees who spaµhave-at I preeedinghave passed the employee probationary period Jas defined in the Formatted:Font:12 pt • • Personnel Rules and Regulations, Section 6.01)-shall be given a vacation of BO -- Formatted:Font:12 at hours with Pay each year. • I BB. All Mmid-management and Confidential employees, who shall have at least three (3)years of continuous service shall be entitled to.eight (8) additional I hours of vacation for each year of full-time continuous service in excess of three (3) years. The vacation accrual schedule for mMid-management and Confidential employees.is as follows: Years Vacation Maximum Hourly Annual Maximum Hours Accrual Rate/Pay Vacation Vacation Service Earned Period'Bi-weekly Hours Accrual 1 80 3.0769 80 160 2 80 3.0769 80 160 3 80 3.0769 80 160 4 88 3.3846 88 200 5 96 3.6923 96 200 6 104 4.0000 104 200 7 112 4.3044 112 200 8 120 4.6154 120 200 12 of 20 Exhibit CA to Resolution Number 67023a2 Exesutive/MidManagement 9 128 4.9231 128 240 10 136 5.2308 136 240 11 144 5.5385 144 240 12 152 5.8462 152 240 13 160 6.1538 160 240 EC. Employees of the City considered as hourly, part-time and/or seasonal employees shall not be eligible for paid vacations. �D. Employees who have authorized"leaves of absence without pay shall nc{t accumulate vacation credits or pay during said leave of absence. GE. Employees are encouraged to use at least the amount of vacation hour earned each fiscal year. Those employees who have been credited in excess of the maximum vacation accrual allowed are expected to use a portion of the excess as leave time, in addition to other vacation time, each year until the maximum accrual is met. The City recognizes that a number of long-term employees have accrued substantially more leave time than shorter-term employees, and that it will likely take them significantly longer to achieve the maximum accrual level. It is the intent,of this section to balance the personal interests of the employee with the financial concerns of the City; as such, significant progress toward reaching the maximum accrual amounts may be deemed a success. 1-IF. Vacation leave time shall not be approved until such time as it has bee* earned, unless prior, special arrangements have been made with the City Manager. The time at which an employee shall take vacation leave shall be requested by the,employee prior to the start of the vacation leave period. Such vacation leave to be taken shall be subject to the prior approval of the Department Head, or designee, subsequent to consideration of the departmental workload and other staffing considerations, such as but not limited to, the previously approved vacation schedule of other employees, sick leave and position vacancies. 1G. Not more than once in each fiscal year, an employee who has complete{i at least one year of continuous service shall, upon request, receive compensation for up to 80 hours of accrued vacation time provided that the employee,has taken 50 hours of vacation time off within that fiscal year. An employee shall also, upon request, receive compensation for up to 120 hours of accrued vacation time provided that the employee has taken 80 hours of accrued vacation time off within that fiscal year. SECTION 7: HOLIDAYS A. All employees incumbent in position classifications listed in Section 18 shall be granted the following holidays with pay: 13 of 20 Exhibit C to Resolution Number 6702 ExesdfivelMid Management Holiday Date J New Year's Day January.1st Martin Luther King Day 3rd Monday in January Presidents'Day 3rd Monday in February Memorial Day' Last Monday in'May Independence.Day July 4th Labor Day First Monday in September Veteran's Day November 11th. Thanksgiving Day Fourth Thursday,in November Calendar day following Thanksgiving Day Christmas Eve December 24th Christmas Day December 25th 'Floating Holiday (discretion of employee) Total of 12 holidays annually 'Floating Holiday must be taken during each fiscal year(July 1st through June 30th). B. Holiday Closures—The City Manager may designate up to five(5)specific work days.in each calendar year between Christmas Day and New Year's Day during which employees may be required to take time off,charged to leave without pay,the employee'saccumulated compensatory time,vacation,floating holidays,or a combination thereof,as determined by the affected employee. The days must be consecutive for the employee,but may differ between employees. Employees who do not have sufficient accumulated time off'in their account to cover the required time off may request, and will be granted, sufficient advance on their vacation accrual to cover the uncovered balance. This advance will be recovered with the next vacation accruals earned by the employee. Time off of work under this provision shall not be deemed a layoff. SECTION 8: RETIREMENT SYSTEM A. The retirement ,program provided by the City shall consist of a pooled Public Employee's Retirement System (PERS) plan which includes the following provisions: Section 20042-One Year Final Compensation Section20965-Credit of Unused Sick Leave Section21024- Military Service Credit B. Mid-Management and Confidential Mlesellaneeus Employees 14 of 20 Exhibit CA to Resolution Number 6702332 Exesufive/Mid;Management'. 1. The G44y-Mid-Management and Confidential employees shall pay the fellewing-araeuntsfull 7% of their CaIPERS required contribution of-72,40-of their compensation earnablet, (Empleyooc p y 2°i F^'P'°7°°°-P°7'O-�°7 b. Effootivo first pay poriod on or following July 1, 2013: 3% • c. Effoctivo first pay poriod on or following July 1, 2014: 1% (€414ftleraes-Pay4%) fEmployeeepay-2%) _ _ • Employoo°"P _ _ _ ._ = d. Eff vo first s first pay poriod on Of following July 1, 2016: 2% C. Effective November 1, 1995, the City shall include PERS Section 213541- 2% © 55 for miscellaneous members. ED. City agrees to study the enhancement of retirement benefits to the currerft PERS 2%at 55 program either through PERS or other options available through PARS. The City's commitment to study this issue in no way binds the City to any type or form of enhancement now or in the future. E. New employees/members hired on or after January 1, 2013 as define(' by The Public Employees' Pension Reform Act (PEPRA) will be hired at the retirement formula in accordance with the PEPRA and other legislation. SECTION 9: PROVISIONAL APPOINTMENTS A. An employee, when authorized by the City Manager, may receive a provisional appointment to a higher classification to fill a temporary vacancy. The 15 of 20 Exhibit C to Resolution Number 6702 •Exeeutwe/Mid Management employee, when so appointed, must perform the duties and assume the responsibilities of the higher classification for 80 consecutive working hours and shall be paid according to the step in the assigned salary range of the new ' position which is next higher than the salary received before the provisional appointment. B. When necessary and in the best interest of the City, the City Manager may provisionally assign an employee to a higher level of duty and responsibility than provided for in the employee's assigned'classification which is not otherwise a part of an adopted classification. In the case of such an assignment, the employee must perform the higher level of duties for 80 consecutive working hours thereafter the employee shall receive,additional compensation of 5% so long as the assignment is authorized by the City Manager. SECTION 10: SENIORITY BONUS Employees who have achieved 10 years of uninterrupted employment with the • City shall receive a 5% increase in base salary effective on the 10th anniversary of their employment. Sworn police personnel are exempt from this section. • SECTION 11:' AUTOMOBILES AND MILEAGE A. Employees covered by these Terms and Conditions, utilizing their privately-owned automobiles for City business on a non-regular basis, shall be entitled to reimbursement for costs incurred at the mileage rate established by Internal Revenue Service(IRS). • • _.'- .. '• ••.-.:: •-: '. • : !` :- : . The Deputy Director of Public Works/Maintenance and Utilitie , ••- - _- - _ - _ - : •- .: 1 pes bade will have use of a City vehicle. SECTION 12: JURY DUTY See Perso nel Gul: an. Reeulations Re olu ion 5446 Sec ion 10.06 C for _-{Formatted:Font:12pti Jules on iury duty. SECTION 13: ADMINISTRATIVE LEAVE • Effective the 1st payroll period in July 20132016, and every July 1st thereafter: • A. Mid-Managernentand Confidential position classifications, unless otherwise specified, shall be entitled to 40 hours of administrative leave each fiscal year. 16 of 20 Exhibit CA to Resolution Number 6702332 I €xesutive/Mid,Management GB. Administrative leave days may not be carried forward to succeeding year nor may they be turned in for cash value. SECTION 14: LIMITATIONS A. No employee who is eligible to receive Workers' Compensation is eligible to receive overlapping benefits (except life insurance) stated in these Terms and Conditions. B. City shall not make any monthly payments for premiums for any insurance benefit listed in these Terms and Conditions, or uniform allowance,supplemental pay of any type and/or type of bonus on behalf of, or to, any empldyee who has been absent without authorization during entire said month or for any employee who has terminated for any reasons whatsoever or who is on leave of absence without pay or who is suspended from duties without pay for the entire said month. SECTION 15: DEFERRED COMPENSATION The City shall contribute the equivalent to 3.5%of base salary per payroll period Exeetittvt into a deferred compensation program for each employee, in the Management-and-Mid-Management and Confidential position classifications. SECTION 16: BILINGUAL COMPENSATION A. Upon the.recommendation of a department director, the City Manager may award a bilingual compensation bonus of$52.50 per payroll period to those employees in positions determined to require bilingual skills. B. The City Manager shall require the taking of competency tests to certify the employee as eligible for bilingual compensation based on the employee's proficiency in speaking the language determined to be required. Such certification shall be a condition precedent to qualifying for bilingual pay. SECTION 17: ONE-TIME BONUS PAYMENT A. At the City's first regular pay period on or after December 12, 2016, the City shall pay to each full-time non-probationary employee (including eacp . employee that passes probation in FY 2015/16)covered'bv this MOU a one-time bonus of $1,000.00: Said bonus shall be paid by City, at the direction cf employee, either as taxable regular compensation or to a deferred compensation fund. Said bonus is to be•a one-time bonus only,and not to be considered salart 17 of 20 Exhibit C to Resolution Number 6702 Exeeutive/Mid Management for the purpose of calculating PERS benefits, or to be paid in any succeeding year under this MOU. SECTION 17: WORK SCHEDULE At the discretion of the City Manager, work schedules may be altered as needed to meet the service demand levels of the residents of the City of Seal Beach. SECTION 18: SALARIES A. Effective the first payroll period following Januarys1-2013July 1.2016: fFatle� d afJEit!Cl`assifisaii&sr .. 60 Chief-ef-Relise Publie-Worth §4 30 44iade-1 w/ , _ eb-Classi-fisatiens 40 City-Clerk Mid-Management - 1(G16deA i.:441obb6lassificatioris . 47 Deputy Director of Public Works/City Engineer 18 of 20 Exhibit CA to Resolution Number 6702332 Exeeetiva/MidIManagemeht 39 Deputy Director of Public Works/Maintenance and Utilities 3638 Building Official 36 Finance Manager 36 Senior Planner 36 Recreation Manager 36 Associate Engineer 34 28 28 Police Records Supervisor 26 Management Analyst 25 Accountant Confidential :Gtad'e �; !` ,, :JO6:Classifications _ _1_3 Executive Assistani(Confidential) B. The salary schedule for each position classification affected is hereby determined and established upon adoption by City Council. Salary increases are as follows: First pay period on or following JanuagN-201 SJuly 1,2016: Employees sh I receive-1,62%cost.of living adjustment. First pay period on or following July 1,2013 2017 -CPI adjustment, minimu 442%up to 3%maximum,as measured utilizing the change in the Los Angele - Riverside- Orange County All Urban Consumers Index for the 12 months of April 2012 2016-Mareh-April.20137. First pay period on or following July 1, 2011 2018 - CPI adjustment, minimum 42%up to 3%maximum,as measured utilizing the change in the Los Angeles - Riverside - Orange County All Urban Consumers Index for the 12 months of April 2013 2017-Morph April 20442018. SECTION 19: TUITION REIMBURSEMENT 19 of 20 ExhibitC to Resolution Number 6702 Exeeutive/Mid Management A. Higher Education Degree Programs--Exeeutives-an -Mid-Managers and Confidential employees attending accredited community colleges; universities, and trade.schools for the purpose of obtaining a higher education degree may apply for reimbursement of tuition, books, student fees and parking. Reimbursement is capped each calendar year at the tuition rate of the Cal State University system for up to two (2) semesters of full-time, undergraduate enrollment. B. Reimbursement is contingent upon the successful completion. of the course. Successful completion means a grade of"C"or better for undergraduate courses and a grade of"B" or better for graduate courses. All claims for tuition reimbursement require prior approval and are subject to verification and approval by the City Manager. Example: Employee A attends California State University, Long Beach, for the Spring 2013 2016 semester and completes 2 (3-unit) undergraduate courses with a grade of"C"or better. The tuition reimbursement would be calculated as follows: 20132016/2013 2017 State University Tuition $1,587.00 (0-6 units) Required University Fees $ 384494.00(approx.) Parking $ 123.00 Books $ 300.00(approx.) TOTAL $273942504.00 SECTION 20: EFFECTIVE DATE These Terms and Conditions shall become effective on December 4012, 20132016. E 20 of 20