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HomeMy WebLinkAbout2025-03-17 City Council Agenda PacketCITY COUNCIL Regular Meeting Monday, March 17, 2025 Council Chambers & Hybrid CITY OF 5:30 PM PALO Amended Agenda ALTO Amended Agenda Items Appear Below in RED (Time Estimates Updated) Palo Alto City Council meetings will be held as "hybrid" meetings with the option to attend by teleconference or in person. Information on how the public may observe and participate in the meeting is located at the end of the agenda. The meeting will be broadcast on Cable TV Channel 26, live on YouTube https://www.youtube.com/c/cityofpaloalto, and streamed to Midpen Media Center https://midpenmedia.org. VIRTUAL PARTICIPATION CLICK HERE TO JOIN (https://cityofpaloalto.zoom.us/j/362027238) Meeting ID: 362 027 238 Phone: 1(669)900-6833 PUBLIC COMMENTS General Public Comment for items not on the agenda will be accepted in person for up to three minutes or an amount of time determined by the Chair. General public comment will be heard for 30 minutes. Additional public comments, if any, will be heard at the end of the agenda. Public comments for agendized items will be accepted both in person and via Zoom for up to three minutes or an amount of time determined by the Chair. Requests to speak will be taken until 5 minutes after the staff's presentation or as determined by the Chair. Written public comments can be submitted in advance to city.council@CityofPaloAlto.org and will be provided to the Council and available for inspection on the City's website. Please clearly indicate which agenda item you are referencing in your subject line. PowerPoints, videos, or other media to be presented during public comment are accepted only by email to city.clerk@CityofPaloAlto.org at least 24 hours prior to the meeting. Once received, the Clerk will have them shared at public comment for the specified item. To uphold strong cybersecurity management practices, USB's or other physical electronic storage devices are not accepted. Signs and symbolic materials less than 2 feet by 3 feet are permitted provided that: (1) sticks, posts, poles or similar/other type of handle objects are strictly prohibited; (2) the items do not create a facility, fire, or safety hazard; and (3) persons with such items remain seated when displaying them and must not raise the items above shoulder level, obstruct the view or passage of other attendees, or otherwise disturb the business of the meeting. TIME ESTIMATES Listed times are estimates only and are subiect to chance at any time. includine while the meeting is in progress. The Council reserves the right to use more or less time on any item, to change the order of items and/or to continue items to another meeting. Particular items may be heard before or after the time estimated on the agenda. This may occur in order to best manage the time at a meeting or to adapt to the participation of the public. March 17, 2025 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. CALL TO ORDER SPECIAL ORDERS OF THE DAY (5:30 - 5:35 PM) Recognition of Sister City Tsuchiura, Japan and Palo Alto Student Exchange Participants Late Packet Report added CLOSED SESSION (5:35 - 6:35 PM) 2. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Nick Raisch, Tori Post, Molly Stump, Lauren Lai, Paul Harper, and Jennifer Fine) Employee Organization: Service Employees International Union, (SEIU) Local 521 Hourly Unit, Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo Alto Peace Officers' Association (PAPOA), Palc Alto Police Management Association (PMA), International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs' Association (FCA); Authority: Government Code Section 54957.6 (a) AGENDA CHANGES, ADDITIONS AND DELETIONS PUBLIC COMMENT (6:35 - 7:05 PM) Members of the public may speak in -person ONLY to any item NOT on the agenda. 1-3 minutes depending on number of speakers. Public Comment is limited to 30 minutes. Additional public comments, if any, will be heard at the end of the agenda. COUNCIL MEMBER QUESTIONS, COMMENTS. ANNOUNCEMENTS (7:05- 7:10 PM) Members of the public may not speak to the item(s). STUDY SESSION (7:10 - 8:10 PM) 3. Study Session with Palo Alto Youth Council CONSENT CALENDAR (8:10 - 8:15 PM) Items will be voted in one motion unless removed from the calendar by three Council Members. 4. Approval of Minutes from March 3, 2025 Meeting March 17, 2025 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. 5. REINTRODUCED FIRST READING: Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code to Clarify Existing Regulations and to Implement Recent State Land Use Laws from 2023 and Earlier, Including AB 2097. CEQA Status — Exempt Pursuant to CEQA Guidelines Section 15061(b)(3). 6. Adoption of Memorandum of Agreement with SEIU, Local 521 for a Term of Three Years Expiring December 31, 2027; CEQA Status - Not a Project 7. Approval of Professional Services Contract Number C25191558 with Life Insurance Company of North America, a wholly owned subsidiary of New York Life Insurance Company, in an Amount Not to Exceed $2,369,216 to Provide Group Life Insurance, Accidental Death and Dismemberment and Long -Term Disability to City of Palo Alto Employees for a Period of Three Years; CEQA Status - Not a Project. 8. Authorization to Execute Amendment to Legal Services Agreement S23187569 with Howard Rome Martin Ridley & Master LLP dba Ridley Master to Increase Amount by $60,000 for Total Not -to -Exceed Amount of $315,000; CEQA Status — Not a Project. 9. PUBLIC HEARING / QUASI-JUDICIAL. 4335 and 4345 El Camino Real [24PLN-00153]: Applicant's Request for Approval of a Vesting Tentative Map to Allow for a Condominium Subdivision to Create Eight Units on a 17,406 Square Foot Parcel and to Create 21 Units on a 41,370 Square Foot Parcel to Facilitate Construction of 29 New Residential Units in Five Buildings (24PLN-00152). CEQA Status: Exempt from CEQA in Accordance with CEQA Guidelines Section 15332 (In -Fill Development). CITY MANAGER COMMENTS (8:15 - 8:30 PM) BREAK (15 MINUTES) ACTION ITEMS (Item AA2: 8:45 - 9:45 PM; Item AA1: 9:45 - 10:45 PM) Include: Report of Committees/Commissions, Ordinances and Resolutions, Public Hearings, Report of Officials, Unfinished Business and Council Matters. 11 1w Ti L1EflUWM • - --- - - - .. AA2. Approval of the 2025 City Council Priority Objectives, as well as Committee Objectives and Workplans. CEQA Status -- Not a Project. (Item Continued from February 24, 2025 and March 10, 2025 City Council Meetings) New Item Added March 17, 2025 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. AA1. Adoption of a Resolution Responding to Federal Actions New Item Added ADJOURNMENT INFORMATION REPORTS Information reports are provided for informational purposes only to the Council and the public but are not listed for action during this meeting's agenda. 11. City of Palo Alto Monthly Investment Activity Report for February 2024 (Unaudited) OTHER INFORMATION Standing Committee Meetings this week Rail Committee Meeting March 18, 2025 Finance Committee Meeting March 18, 2025 — CANCELED Retail Committee Meeting March 19, 2025 — CANCELED Climate Action & Sustainability Committee Meeting March 21, 2025 Public Comment Letters Schedule of Meetings AMENDED / SUPPLEMENTAL AGENDA ITEMS AA1. Adoption of a Resolution Responding to Federal Actions New Item Added AA2. Approval of the 2025 City Council Priority Objectives, as well as Committee Objectives and Workplans. CEQA Status -- Not a Project. (Item Continued from February 24, 2025 and March 10, 2025 City Council Meetings) New Item Added 1. Recognition of Sister City Tsuchiura, Japan and Palo Alto Student Exchange Participants Late Packet Report added 1-- - - - - -- - - -- -- ••• - - - -- - March 17, 2025 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. PUBLIC COMMENT INSTRUCTIONS Members of the Public may provide public comments to teleconference meetings via email, teleconference, or by phone. 1. Written public comments may be submitted by email to city.council@cityofpaloalto.org. 2. For in person public comments please complete a speaker request card located on the table at the entrance to the Council Chambers and deliver it to the Clerk prior to discussion of the item. 3. Spoken public comments for agendized items using a computer or smart phone will be accepted through the teleconference meeting. To address the Council, click on the link below to access a Zoom -based meeting. Please read the following instructions carefully. o You may download the Zoom client or connect to the meeting in- browser. If using your browser, make sure you are using a current, up-to-date browser: Chrome 30 , Firefox 27 , Microsoft Edge 12 , Safari 7 . Certain functionality may be disabled in older browsers including Internet Explorer. Or download the Zoom application onto your smart phone from the Apple App Store or Google Play Store and enter in the Meeting ID below. o You may be asked to enter an email address and name. We request that you identify yourself by name as this will be visible online and will be used to notify you that it is your turn to speak. o When you wish to speak on an Agenda Item, click on "raise hand." The Clerk will activate and unmute speakers in turn. Speakers will be notified shortly before they are called to speak. o When called, please limit your remarks to the time limit allotted. A timer will be shown on the computer to help keep track of your comments. 4. Spoken public comments for agendized items using a phone use the telephone number listed below. When you wish to speak on an agenda item hit *9 on your phone so we know that you wish to speak. You will be asked to provide your first and last name before addressing the Council. You will be advised how long you have to speak. When called please limit your remarks to the agenda item and time limit allotted. CLICK HERE TO JOIN Meeting ID: 362-027-238 Phone: 1-669-900-6833 Americans with Disability Act (ADA) It is the policy of the City of Palo Alto to offer its public programs, services and meetings in a manner that is readily accessible to all. Persons with disabilities who require materials in an appropriate alternative format or who require auxiliary aids to access City meetings, programs, or services may contact the City's ADA Coordinator at (650) 329-2550 (voice) or by emailing ada@cityofpaloalto.org. Requests for assistance or accommodations must be submitted at least 24 hours in advance of the meeting, program, or service. March 17, 2025 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. California Government Code §84308, commonly referred to as the "Levine Act," prohibits an elected official of a local government agency from participating in a proceeding involving a license, permit, or other entitlement for use if the official received a campaign contribution exceeding $500 from a party or participant, including their agents, to the proceeding within the last 12 months. A "license, permit, or other entitlement for use" includes most land use and planning approvals and the approval of contracts that are not subject to lowest responsible bid procedures and have a value over $50,000. A "party" is a person who files an application for, or is the subject of, a proceeding involving a license, permit, or other entitlement for use. A "participant" is a person who actively supports or opposes a particular decision in a proceeding involving a license, permit, or other entitlement for use, and has a financial interest in the decision. The Levine Act incorporates the definition of "financial interest" in the Political Reform Act, which encompasses interests in business entities, real property, sources of income, sources of gifts, and personal finances that may be affected by the Council's actions. If you qualify as a "party" or "participant" to a proceeding, and you have made a campaign contribution to a Council Member exceeding $500 made within the last 12 months, you must disclose the campaign contribution before making your comments. March 17, 2025 Materials submitted after distribution of the agenda packet are available for public inspection at www.CityofPaloAlto.org/agendas. Item 1 Item 1 Staff Report City Council Staff Report Report Type: SPECIAL ORDERS OF THE DAY CITY O F Lead Department: City Manager PALO LTO Meeting Date: March 17, 2025 Report #:2503-4332 TITLE Recognition of Sister City Tsuchiura, Japan and Palo Alto Student Exchange Participants This report will be a late packet report published on March 13, 2025. Item 1: Staff Report Pg. 1 Packet Pg. 7 of 462 Item 3 Item 3 Staff Report CITY OF PALO ALTO TITLE Study Session with Palo Alto Youth Council City Council Staff Report From: City Manager Report Type: STUDY SESSION Lead Department: Community Services Meeting Date: March 17, 2025 Report #:2411-3757 RECOMMENDATION Staff recommends the City Council provide feedback to the Palo Alto Youth Council on their accomplishments and goals. BACKGROUND The Palo Alto Youth Council (PAYC) provides an opportunity for high school students to take an active leadership role in the community. PAYC's mission is to "foster communications and connections between teens and the Palo Alto community." To achieve this, PAYC is actively engaged in the community and identifies and addresses the key concerns that teenagers face while also serving as youth ambassadors to the City Council. Previous programs and events organized by PAYC include, "Escaping Vaping", College Admissions after COVID, Finals Study Cram Slam, Palopalooza, and teen surveys and community service events. ANALYSIS PAYC presents to the City Council their recent achievements and ongoing initiatives aimed at addressing critical youth -related issues within the community. The presentation (Attachment A) covers accomplishments from the previous academic term as well as updates on the current year, detailing the significant progress made by PAYC in fostering community engagement, mental health awareness, and leadership among Palo Alto youth. Presentation Topics: Accomplishments: PAYC will outline notable achievements from last term and this term, focusing on how these accomplishments align with PAYC's mission to foster communications and connections between teens and the Palo Alto community. This will include summaries of Item 3: Staff Report Pg. 1 Packet Pg. 8 of 462 Item 3 Item 3 Staff Report key projects and their impact. Current Initiatives: PAYC will provide insights into the strategies and actions taken on ongoing initiatives, highlighting approaches to tackle pressing youth issues. These initiatives demonstrate PAYC's commitment to creating supportive, inclusive, and resourceful spaces for teens in Palo Alto. Event Summary: PAYC will recap significant events organized over the last two terms, with each event's goals, turnout statistics, and community impact. Through these events, PAYC has successfully engaged a diverse group of youth and raised awareness on topics of importance to the community. City Council Partnership: Lastly, PAYC aims to foster a collaborative relationship with the City Council. They will discuss ways in which the City Council can further support PAYC's initiatives, providing guidance, resources, and opportunities for further youth empowerment. This presentation emphasizes the importance of city-wide support for PAYC's ongoing work, encouraging a strengthened partnership with the City Council to address the needs of Palo Alto's youth. Through this collaborative effort, PAYC and the City Council can continue to make Palo Alto a safe, engaging, and supportive environment for young residents. FISCAL/RESOURCE IMPACT No additional resources are required to support the discussion outlined in this report. STAKEHOLDER ENGAGEMENT The PAYC aims to connect with Palo Alto teens through social media, events, and through school networks. ENVIRONMENTAL REVIEW This study session is not a Project under CEQA. ATTACHMENTS Attachment A: Palo Alto Youth Council Accomplishments and Initiatives APPROVED BY: Kristen O'Kane, Community Services Director Item 3: Staff Report Pg. 2 Packet Pg. 9 of 462 Item 3 Attachment A - Palo Alto Youth Council Accomplishments and Initiatives J - =N V 0N 0 QCUM CM3 i a 0 0 a Item 3: Staff Report Pg. 3 Packet Pg. 10 of 462 Item 3 Attachment A - Palo Alto Youth Council Accomplishments and Initiatives C) O C) 04) L Q 04) 0 t (J) w Cu c6 •� U) C a1/-) c0 — cJ U E CD N (0:3 w x z N CD E U) L L O N 0 O CD � Q a O O � M O L0i CD 0 . d O E to .I- U O (DO 06 N U c — C U) U OO C O O U _C+O >O +� c6 U) Cr OO O i E CD O U N U MOC m 0O OU U) N O > cu Ln oo a� E O E f6 U C U U U U a Item 3: Staff Report Pg. 4 Packet Pg. 11 of 462 Item 3 Attachment A - Palo Alto Youth Council Accomplishments and Initiatives La L 4) U N E d a) O U Z —_ (/)C >O ON - E Q O (0� • > U 0W5 > > oC S. VI (6 >) uIcr C) r coCoWC .. .. 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N c0 a C C w NO O(N � O N Q fo O 2 n nL W C n W U C E E O E U � a E -a w Lr) U E LL Item 3: Staff Report Pg. 17 Packet Pg. 24 of 462 Item 3 Attachment A - Palo Alto Youth Council Accomplishments and Initiatives nL i—J nC W U W ul .≥ .≥ co c E C GcDcD E v U tft L c DC U r •- U : o O O ._ 0 0. UicoDr a Q i- Q Item 3: Staff Report Pg. 18 Packet Pg. 25 of 462 Item 3 Attachment A - Palo Alto Youth Council Accomplishments and Initiatives U) r U o U � O o O >CD c U E U U C - to = •a--) 0 DC U 0 U C 4- C _ - c U 0 OO ai .- C U U r CO �' 0 c U U - U E o a)WU cO C U >O CD .O I< 0 0 0 O In 04) O' Item 3: Staff Report Pg. 19 Packet Pg. 26 of 462 Item 3 Attachment A - Palo Alto Youth Council Accomplishments and Initiatives :3 0 Item 3: Staff Report Pg. 20 Packet Pg. 27 of 462 Item 4 Item 4 Staff Report CITY OF PALO ALTO TITLE Approval of Minutes from March 3, 2025 Meeting City Council Staff Report Report Type: CONSENT CALENDAR Lead Department: City Clerk Meeting Date: March 17, 2025 Report #:2503-4300 RECOMMENDATION Staff recommends that the City Council review and approve the minutes. ATTACHMENTS Attachment A: March 3, 2025 Draft Action Minutes APPROVED BY: Mahealani Ah Yun, City Clerk Item 4: Staff Report Pg. 1 Packet Pg. 28 of 462 C) CITY OF PALO ALTO Item 4 Attachment A - March 3, 2025 Draft Action Minutes CITY COUNCIL DRAFT ACTION MINUTES Regular Meeting March 3, 2025 The City Council of the City of Palo Alto met on this date in the Council Chambers and by virtual teleconference at 5:30 P.M. Present In Person: Burt, Lauing, Lu, Reckdahl, Stone, Veenker Present Remotely: Absent: Lythcott-Haims Closed Session 1. CONFERENCE WITH LABOR NEGOTIATORS City Designated Representatives: City Manager and his Designees Pursuant to Merit System Rules and Regulations (Ed Shikada, Kiely Nose, Sandra Blanch, Nick Raisch, Tori Post, Molly Stump, Jennifer Fine, and Lauren Lai) Employee Organization: Service Employees International Union, (SEIU) Local 521, Utilities Management and Professional Association of Palo Alto (UMPAPA), Palo Alto Peace Officers' Association (PAPOA), Palo Alto Police Management Association (PMA), International Association of Fire Fighters (IAFF) local 1319, Palo Alto Fire Chiefs' Association (FCA); Authority: Government Code Section 54957.6 (a) MOTION: Councilmember Burt moved, seconded by Vice Mayor Veenker to go into Closed Session. MOTION PASSED: 6-0-1 (Lythcott-Haims absent) Council went into Closed Session at 5:32 P.M. Council returned from Closed Session at 6:54 P.M. Mayor Lauing announced no reportable action was taken. Agenda Changes, Additions and Deletions Page 1 of 4 Item 4: Staff Report Pg. 2 Packet Pg. 29 of 462 Item 4 Attachment A - March 3, 2025 Draft Action DRAFT ACTION MINUTE Minutes Public Comment Council Member Questions, Comments and Announcements Study Session 2. Review Draft Safe Streets For All (SS4A) Safety Action Plan; CEQA status — not a project. NO ACTION Consent Calendar MOTION: Councilmember Reckdahl moved, seconded by Vice Mayor Veenker, to approve Agenda Item Numbers 3-8. MOTION PASSED: 6-0-1 (Lythcott-Haims absent) 3. Approval of Minutes from February 18, 2025 Meeting 4. Approval of Contract Amendment Number 3 to Contract Number S17167826 with NEOGOV, in the Amount of $87,700 to Extend Onboarding Recruitment Software as a Service Subscription for an Additional Year for a Revised Total not -to -exceed Amount of $499,022 Over 9 Years. CEQA Status - exempt. 5. Approval of Purchase Order C25190365 with Kone, Inc. in the Not To Exceed Amount of $672,686 for Elevator, Chairlift, and Platform Lift Maintenance, Repair, Testing, and Related Services for Five Years; CEQA Status — Categorically Exempt under Sections 15301 and 15302 6. Approval of a Purchase Order with Professional Sales and Service, L.C. in the Not -to - Exceed Amount of $429,213, Including an Approximate 5% Contingency in the Amount of $20,439 for Unforeseen Price Increases, for the Purchase of a 2024 Chevrolet G4500 Type III Ambulance Utilizing a Cooperative Purchase Agreement, Funded by Capital Improvement Program Project VR-23000; CEQA Status — Not a Project Title Updated 7. Approval of Two Professional Services Agreements, C25193332 and C25193333 with EPI-USE America to Implement Identity Access Governance (IAG) Solutions, SAP Page 2 of 4 City Council Meeting Draft Action Minutes: 3/3/2025 Item 4: Staff Report Pg. 3 Packet Pg. 30 of 462 Item 4 Attachment A - March 3, 2025 Draft Action DRAFT ACTION MINUTE Minutes Signavio/LeanlX, SAP Governance, Risk, Compliance (GRC) for a Total Not -To -Exceed Amount of $289,080, for a Period of One Year; CEQA Status - Not a Project. 8. Adoption of a Resolution Vacating an Easement at 318 Ferne Avenue and 4120 Mackay Drive; CEQA Status— Exempt under Cal. Code Regs. Tit. 14, section 15305 City Manager Comments Ed Shikada, City Manager Artinn Itamc 9. FIRST READING: Adoption of an Ordinance Amending Palo Alto Municipal Code Title 18 (Zoning) to Modify the Housing Incentive Program, Affordable Housing Incentive Program, and Retail Preservation Ordinance (Housing Element Programs 3.3A, B, and D; 3.4A -D; and 6.2A). CEQA Status -- Addendum to the Comprehensive Plan Environmental Impact Report (EIR), adopted December 18, 2023 (SCH #2014052101). MOTION: Mayor Lauing moved, seconded by Councilmember Reckdahl, to amend Title 18 (Zoning) of the Palo Alto Municipal Code (PAMC) to implement Programs 3.3A, B, and D, 3.4A - D, and 6.2A of the Housing Element regarding the Affordable Housing Incentive Program (AHIP), Housing Incentive Program (HIP), and Retail Preservation Ordinance, with the following additions: • Modify the retail node to extend along El Camino Real from Page Mill Road to the southern City boundary, and refer to the Planning & Transportation Commission for further discussion and recommendation to City Council • Exclude auto dealerships (AD overlay) near El Camino Real and Charleston Road from the HIP Program MOTION PASSED: 6-0-1 (Lythcott-Haims absent) Adjournment: The meeting was adjourned at 11:00 P.M. Page 3 of 4 City Council Meeting Draft Action Minutes: 3/3/2025 Item 4: Staff Report Pg. 4 Packet Pg. 31 of 462 Item 4 Attachment A - March 3, 2025 Draft Action DRAFT ACTION MINUTE Minutes ATTEST: APPROVED: City Clerk Mayor NOTE: Action minutes are prepared in accordance with Palo Alto Municipal Code (PAMC) 2.04.160(a) and (b). Summary minutes (sense) are prepared in accordance with PAMC Section 2.04.160(c). Beginning in January 2018, in accordance with Ordinance No. 5423, the City Council found action minutes and the video/audio recordings of Council proceedings to be the official records of both Council and committee proceedings. These recordings are available on the City's website. Page 4 of 4 City Council Meeting Draft Action Minutes: 3/3/2025 Item 4: Staff Report Pg. 5 Packet Pg. 32 of 462 Item 5 Item 5 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Planning and Development Services ALTO Meeting Date: March 17, 2025 Report #:2502-4173 TITLE REINTRODUCED FIRST READING: Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code to Clarify Existing Regulations and to Implement Recent State Land Use Laws from 2023 and Earlier, Including AB 2097. CEQA Status — Exempt Pursuant to CEQA Guidelines Section 15061(b)(3). RECOMMENDATION Staff recommends the City Council adopt the attached ordinance that clarifies existing land use regulations and implements state land use laws adopted in 2023 and earlier. BACKGROUND AND ANALYSIS On February 3, 2025, [Item 8 Staff Report] the City Council considered a reintroduced first reading of an ordinance implementing various State land use laws and provided direction to staff regarding implementation of AB 2097. As part of its motion, the City Council directed staff to amend the proposed ordinance and return for another first reading. The attached ordinance incorporates the Council's direction and also includes a minor change to Chapter 21.12 that was discussed in prior staff reports to the Planning and Transportation Commission and City Council, but that had been inadvertently omitted from the draft ordinance presented to the Council. This change allows tentative subdivision maps that had a public hearing before the Planning and Transportation Commission to be placed on the City Council consent calendar avoiding the need for a second public hearing. The Council will retain the ability to pull the item of consent and schedule a hearing if needed. ATTACHMENTS Attachment A: Draft Ordinance Clarifying Code and Implementing State Law APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 5: Staff Report Pg. 1 Packet Pg. 33 of 462 *NOT YET APPROVED* Ordinance No. Item 5 Attachment A - Draft Ordinance Clarifying Code and Implementing State Law Ordinance of the Council of the City of Palo Alto Amending Various Chapters of Title 18 (Zoning) and Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code to Clarify Existing Regulations and to Implement Recent State Housing Laws SECTION 1. Findings and Declarations. The City Council finds and declares as follows: A. On October 11, 2023, the Governor of the State of California signed Senate Bill 684, effective July 1, 2024. SB 684 requires the ministerial approval of certain subdivision maps, planning entitlements, and building permits for developments of up to 10 residential units. B. On October 11, 2023, the Governor signed Senate Bill 4, effective January 1, 2024. SB4 requires housing development projects to be "use by right" on land owned by independent higher education or religious institutions, given certain conditions. C. On October 11, 2023, the Governor signed Assembly Bill 894, effective January 1, 2024. AB 894 requires local agencies to approve shared parking agreements that meet criteria specified in the bill. D. On September 22, 2022, the Governor signed Assembly Bill 2097, effective January 1, 2023. AB 2097, subject to certain limited exceptions, prohibits public agencies from imposing or enforcing a minimum parking requirement on a residential, commercial, or other development project that is within one- half mile of defined "public transit" E. On October 8, 2021, the Governor signed Assembly Bill 970, effective as to Palo Alto on January 1, 2023. AB 970 limits the discretion of local agencies when reviewing applications to install electric vehicle charging stations. F. On September 25, 2018, the Governor signed Assembly Bill 2162, effective January 1, 2019. AB 2162 makes certain supportive housing projects a use by -right in all zones that permit multifamily residential uses. Although the City has been implementing this bill since 2019, Program 6.5(D) of the 2023-2031 Housing Element requires the City to incorporate the bill in the zoning code. G. Upon recommendation of City Staff and the Planning and Transportation Commission, the Council of the City of Palo Alto desires to adopt regulations responding to and implementing these state laws. H. Upon recommendation of City Staff and the Planning and Transportation Commission, the Council further desires to make non -substantive clarifications to existing provisions of the Palo Alto Municipal Code. 0160167_kb2_20250212_ayl6 1 Item 5: Staff Report Pg. 2 Packet Pg. 34 of 462 *NOT YET APPROVED* Item 5 Attachment A - Draft Ordinance Clarifying Code and Implementing State Law SECTION 2. Section 18.42.185 (Standards for Up to Ten Units on Lots Subdivided Pursuant to Senate Bill 684) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby added as follows: 18.42.185 Standards for Up to Ten Units on Lots Subdivided Pursuant to Senate Bill 684 (a) Purpose and Applicability This section implements California Government Code Sections 65852.28, 65913.4.5, and 66499.41 (Senate Bill 684, 2023) by establishing regulations for development of up to ten units on lots subdivided pursuant to Chapter 21.11. (b) Review Qualifying Development Proposals (1) Housing development projects on a lot or lots subdivided pursuant to Chapter 21.11 and California Government Code Section 66499.41 shall be ministerially reviewed and processed through the City's Ministerial and By Right Review Process (set forth in PAMC Section 18.77.074), in accordance with Government Code Section 68582.28. (2) Building permits for such projects may be issued prior to recordation of a final map, in accordance with Government Code Section 65913.4.5. (c) Development and Design Standards (1) Housing development projects shall be subject to the development standards set forth in the applicable zone district. (2) Proposed parcels containing up to two units shall comply with all objective standards for SB 9 projects, as adopted by the City Council, the Director of Planning and Development Services, or the Director of Public Works, except that no setback shall be required between units unless in accordance with the California Building Code, as locally amended. (3) Proposed parcels containing three or more residential units or mixed uses shall comply with Chapter 18.24 (Contextual Design Criteria and Objective Design Standards). SECTION 3. Section 18.77.074 (Ministerial and By Right Review Process) of Chapter 18.77 (Processing of Permits and Approvals) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; deletions struck through; unchanged text omitted by bracketed ellipses): 18.77.074 Ministerial and By Right Review Process (a) Purpose and Applicability 0160167_kb2_20250212_ayl6 2 Item 5: Staff Report Pg. 3 Packet Pg. 35 of 462 *NOT YET APPROVED* Item 5 Attachment A - Draft Ordinance Clarifying Code and Implementing State Law (1) This section is intended to define a streamlined, ministerial review process for qualifying Housing Development Projects that are submitted pursuant to streamlining provisions of state law, such as in -AB 2162 (2018), AB 1397 (2017), and SB 35 (2017). This section shall apply to multi -family residential projects that are subject to ministerial review or defined as a "use by right" in state law, including, but not limited to, Government Code sections 65651, 65583, 65583.2, and 65913.4. This section does not apply to the creation of an accessory dwelling unit and/or junior accessory dwelling unit. (2) The review required by this section shall not involve the exercise of discretion in a manner that would constitute a "project" for purposes of the California Environmental Quality Act (CEQA). This section does not, however, excuse a project involving a subdivision from compliance with Title 21 and the subdivision map processes set forth therein, which may result in a "project" for purposes of CEQA. SECTION 4. Chapter 21.11 (Streamlined Subdivisions Resulting in Ten or Fewer Parcels) of Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code is hereby added as follows: 21.11.010 Purpose This chapter implements California Government Code Section 66499.41 (Senate Bill 684, 2023) by establishing regulations for the ministerial subdivision of up to ten lots. 21.11.020 Applicability This chapter applies only to proposed subdivisions that meet all of the requirements of California Government Code Section 66499.41. A tentative map and final map shall be required for all subdivisions under this Chapter, regardless of the number of parcels created. 21.11.030 Review Qualifying tentative map applications shall be reviewed and processed ministerially in accordance with California Government Code Section 66499.41. Final maps shall be reviewed and processed in accordance with Chapter 21.16, except that a final map under this section may be approved by the City Engineer and Director of Planning and Development Services. 21.11.040 Objective Subdivision Standards The Director of Planning and Development Services may adopt administrative regulations to create objective subdivision standards or clarify existing standards that apply to subdivisions under this section. 21.11.050 Accessory Dwelling Units Prohibited Accessory Dwelling Units and Junior Accessory Dwelling Units shall not be permitted on lots created pursuant to this section. 0160167_kb2_20250212_ayl6 Item 5: Staff Report Pg. 4 Packet Pg. 36 of 462 *NOT YET APPROVED* Item 5 Attachment A - Draft Ordinance Clarifying Code and Implementing State Law SECTION 5. Section 18.14.060 (By Right Affordable Supportive Housing Projects) of Chapter 18.14 (Housing Incentives) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby added as follows: 18.14.060 By Right Affordable Housing and Supportive Housing Projects (a) Affordable Housing on Higher Education and Religious Lands (1) Notwithstanding any conflicting provision of this Title 18 or the Comprehensive Plan, a qualifying housing development project under California Government Code Section 65913.16 shall be a use by right. (2) Housing development projects utilizing this section in the R-1 Single -Family Residential District and the Low Density Residential Districts shall be subject to the development standards for the RM-30 zoning district, except that maximum Floor Area Ratio (FAR) shall be 1.25. (3) All housing development projects utilizing this section shall comply with Chapter 18.24 (Contextual Design Criteria and Objective Design Standards). (b) Supportive Housing in Multi -family and Mixed -use Zones (1) Supportive housing shall be a use by right in zones where multifamily and mixed uses are permitted, including nonresidential zones permitting multifamily uses, if the proposed housing development satisfies all of the requirements of California Government Code Sections 65650-65656. (2) All housing development projects utilizing this section shall comply with Chapter 18.24 (Contextual Design Criteria and Objective Design Standards). (c) Provided they comply with the City's objective standards, by -right projects under this section shall not be subject to any discretionary review nor environmental review under the California Environmental Quality Act. By -right projects under this section shall be processed in accordance with Section 18.77.074. SECTION 6. Sections 18.52.030 (Basic Parking Regulations), 18.52.040 (Off -Street Parking, Loading and Bicycle Facility Requirements), 18.52.045 (Adjustments to Existing Parking Facilities), 18.52.050 (Adjustments by the Director), and 18.52.070 (Parking Regulations for CD Assessment District) of Chapter 18.52 (Parking and Loading Requirements) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; deletions struck through, and unchanged text omitted by bracketed ellipses): 18.52.030 Basic Parking Regulations (i) Transportation Demand Management Plan 0160167_kb2_20250212_ayl6 4 Item 5: Staff Report Pg. 5 Packet Pg. 37 of 462 Item 5 Attachment A - Draft Ordinance Clarifying Code *NOT YET APPROVED* and Implementing State Law (1) Requirement for TDM Plan: A Transportation Demand Management (TDM) Plan to reduce and manage the number of single -occupant motor vehicle trips generated by the project shall be prepared and submitted by the applicant in the following circumstances: A. For all projects that generate 50 or more net new weekday (AM or PM peak hour) or weekend peak hour trips; B. For all projects claiming a reduction in net new trips due to proximity to public transit or the implementation of a TDM plan; and C. For all projects requesting a parking reduction. D. For all oroiects with reduced aarkine aursuant to California Government Code Section 65863.2 (AB 2097, 2022). (2) The Director shall have the authority to adopt guidelines for preparing TDM plans and when applicable shall coordinate such guidelines with the Transportation Management Association. 18.52.040 Off -Street Parking, Loading and Bicycle Facility Requirements (a) Parking Requirements In each district, off-street parking, loading and bicycle facilities for each use shall be provided in accordance with Tables 1 and 2, shown in subsection (c) of this Section 18.52.040. For affordable housing developments qualifying for density bonuses under Chapter 18.15 of the Palo Alto Municipal Code, adjustments to parking requirements will be calculated in accordance with Chapter 18.15. The requirement for any use not specifically listed shall be determined by the director on the basis of requirements for similar uses, and on the basis of evidence of actual demand created by similar uses in Palo Alto and elsewhere, and such other traffic engineering or planning data as may be available and appropriate to the establishment of a minimum requirement. (1) For projects within one-half mile of public transit, as defined in California Government Code Section 65863.2: (A) The project shall provide loading and bicycle parking facilities in accordance with this Section. (B) The project shall provide the number of EVSE-installed parking spaces and parking spaces that are accessible to persons with disabilities required by Title 16 of this code. (C) Except as provided in this subdivision (a)(1), no off-street vehicle parking shall be required. (d) Residential and mixed use structures with fifty (50) or more dwelling units shall provide at least one (1) on -site, short-term loading space for passenger vehicles, to be used by taxicabs 0160167_kb2_20250212_ayl6 Item 5: Staff Report Pg. 6 Packet Pg. 38 of 462 *NOT YET APPROVED* Item 5 Attachment A - Draft Ordinance Clarifying Code and Implementing State Law and similar transportation and delivery services. Unless an adjustment is approved pursuant to Section 18.52.050, projects providing only the automobile parking required by subdivision (a)(1)(B) shall provide one (1) on -site, short-term loading space for passenger vehicles, to be used by taxicabs and similar transportation and delivery services. 18.52.045 Adjustments to Existing Parking Facilities (a) The following minor adjustments maybe made to existing parking facilities that are intended to remain in substantially the same form after restriping. (1) Accessibility and EVSE-related equipment. For sites with existing development, the number on -site parking spaces may be reduced to the minimum extent necessary to: (1) achieve state or federally mandated accessibility requirements or (2) permit installation of electric vehicle charging stations, as defined in California Government Code Section 65850.7.cicct,-;,.al utility equipment rcquircd for EVSE. A maximum of 10% of the existing automobile parking stalls, or one stall, whichever is greater, may be removed to accommodate accessibility requirements. pursuant to this scction. The loss of a parking space is not permitted to accommodate EVSE itself. To the extent reasonably feasible, a Electrical equipment required for EVSE sl should be placed in a location that minimizes visibility from the public right-of-way. 18.52.050 Adjustments by the Director Automobile parking and off-street loading requirements prescribed by this chapter may be adjusted by the director in the following instances and in accord with the prescribed limitations in Table 4, when in his/her opinion such adjustment will be consistent with the purposes of this chapter, will not create undue impact on existing or potential uses adjoining the site or in the general vicinity, and will be commensurate with the reduced parking demand created by the development, including for visitors and accessory facilities where appropriate. No reductions may be granted that would result in provision of less than ten (10) spaces on a site. The following are adjustments that apply to developments not located within a parking assessment district. Adjustments within the parking assessment districts are contained in Section 18.52.080. The decision of the regarding parking adjustments may be appealed as set forth in Chapter 18.78 (Appeals). (e) Shared Parking Agreements Notwithstanding the limitations set forth in Table 4, subdivision (a), and subdivision (c) of this Section, the Director shall approve a parking adjustment where the applicant meets all of the requirements of California Government Code Section 65683.1, including but not limited to, preparation of a parking analysis and a recorded shared parking agreement. 0160167_kb2_20250212_ayl6 M Item 5: Staff Report Pg. 7 Packet Pg. 39 of 462 *N0T YET APPR0VED* 18.52.070 Parking Regulations for CD Assessment District Item 5 Attachment A - Draft Ordinance Clarifying Code and Implementing State Law (f) Minor Adjustments to Existing Parking Facilities The following minor adjustments may be made to existing parking facilities that are intended to remain in substantially the same form after restriping. (1) Accessibility and EVSE-related equipment. For sites with existing development, the number on -site parking spaces may be reduced to the minimum extent necessary to: (1) achieve state or federally mandated accessibility requirements or (2) permit installation of electric vehicle charging stations, as defined in California Government Code Section 65850.7. cicctrical utility equipment rcquircd for P"«. A maximum of 10% of the existing automobile parking stalls, or one stall, whichever is greater, may be removed to accommodate accessibility requirements. EVSE itself. To extent reasonably feasible, a Electrical equipment required for EVSE sl should be placed in a location that minimizes visibility from the public right-of-way. SECTION 7. Footnote 3 to Table 3 of Section 18.18.060 (Development Standards) of Chapter 18.18 (Downtown Commercial (CD) District) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; unchanged text omitted by bracketed ellipses): 18.18.060 Development Standards TABLE 3 MIXED USE AND RESIDENTIAL DEVELOPMENT STANDARDS [...j Footnotes: [...) (3) FAR may be increased with transfers of development, increased floor area for housing development projects with 3-10 residential units pursuant to 18.18.065, and/or bonuses for seismic and historic rehabilitation upgrades, not to exceed a total site FAR of 3.0:1 in the CD -C subdistrict or 2.0:1 in the CD -S or CD -N subdistrict. 0160167_kb2_20250212_ayl6 7 Item 5: Staff Report Pg. 8 Packet Pg. 40 of 462 *NOT YET APPROVED* Item 5 Attachment A - Draft Ordinance Clarifying Code and Implementing State Law SECTION 8. Chapter 18.30(F) (Automobile Dealership (AD) Combining District Regulations) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; unchanged text omitted by bracketed ellipses): Chapter 18.30(F) AUTOMOBILE DEALERSHIP (AD)COMBINING DISTRICT REGULATIONS 18.30(F).040 Permitted Uses The following uses shall be permitted in the (AD) combining district: (a) Automobile dealerships. (b) All other uses permitted in the underlying district. 18.30(F).045 Conditional Uses The following uses may be conditionally permitted in the (AD) district, subiect to the issuance of a conditional use permit in accord with Chapter 18.76 (Permits and Approval): (a) All other conditional uses allowed in the underlying district. SECTION 9. Section 18.42.040 (Late Night Uses and Activities) of Chapter 18.42 (Standards for Special Uses) of Title 18 (Zoning) of the Palo Alto Municipal Code is hereby amended as follows (additions underlined; deletions struck through): 18.42.040 Late Night Uses and Activities (a) Purpose The purpose is to restrict retail or service commercial businesses abutting (either directly or across the street) or within 50 feet of residentially zoned properties or properties with existing residential uses located within nonresidential zones, with operations or activities between the hours of 10:00 p.m. and 6:00 a.m. Operations subject to this code may include, but are not limited to, deliveries, parking lot and sidewalk cleaning, and/or clean up or set up operations, but does not include garbage pick up. (b) Requirements (1) Retail (including restaurants) or service commercial businesses abutting or within 50 feet of residentially zoned properties or properties with existing residential uses located within nonresidential zones, that are open or with operations or activities between the hours of 10:00 0160167_kb2_20250212_ayl6 3 Item 5: Staff Report Pg. 9 Packet Pg. 41 of 462 *NOT YET APPROVED* Item 5 Attachment A - Draft Ordinance Clarifying Code and Implementing State Law p.m. and 6:00 a.m. shall be operated in a manner to protect residential properties from excessive noise, odors, lighting or other nuisances from any sources during those hours. (2) Where planning or building permits are required or for a change in use that results in any such commercial business in the CN,. er-CS, NV-MXM, and NV-MXH zone districts, operating or with activities between the hours of 10:00 p.m. and 6:00 a.m., a conditional use permit shall be obtained and conditions of approval shall be applied as deemed necessary to ensure the operation is compatible with the abutting (or within 50 feet of) residential property. Said use permit shall be limited to operations or activities occurring between 10:00 p.m. and 6:00 a.m. SECTION 10. Section 21.12.090 (Action on Tentative and Preliminary Parcel Maps) of Chapter 21.12 (Tentative Maps and Preliminary Parcel Maps) of Title 21 (Subdivisions and Other Divisions of Land) of the Palo Alto Municipal Code is hereby amended as follows (deletions struck through; unchanged text omitted by bracketed ellipses): 21.12.090 Action on tentative and preliminary parcel maps. (d) Action by City Council. Except where a time extension is mutually consented to by the city council and the applicant, or the applicant's consent to an extension is presumed as set out above, within the time limits prescribed by the Subdivision Map Act, the city council shall approve, conditionally approve, or disapprove the tentative map. Pri to taking such action, the city council shah held a public hearing at either a regular or special meeting of the council. SECTION 11. If any section, subsection, sentence, clause, or phrase of this Ordinance is for any reason held to be invalid or unconstitutional by a decision of any court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Ordinance. The City Council hereby declares that it would have passed this Ordinance and each and every section, subsection, sentence, clause, or phrase not declared invalid or unconstitutional without regard to whether any portion of the Ordinance would be subsequently declared invalid or unconstitutional. SECTION 12. The Council finds that the Ordinance is exempt from the California Environmental Quality Act (CEQA) pursuant to CEQA Guidelines Section 15061(b)(3) because it can be seen with certainty that there is no possibility that updating the municipal code to incorporate existing changes in State Density Bonus Law will have a significant effect on the environment. // // // // 0160167_kb2_20250212_ayl6 Item 5: Staff Report Pg. 10 Packet Pg. 42 of 462 *NOT YET APPROVED* Item 5 Attachment A - Draft Ordinance Clarifying Code and Implementing State Law SECTION 13. This Ordinance shall be effective on the thirty-first date after the date of its adoption, provided, however, that the amendments to Palo Alto Municipal Code Section 18.52.040 shall not apply to projects that have received a planning entitlement or that have submitted a complete planning application prior to the effective date of this Ordinance. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney 0160167_kb2_20250212_ayl6 Mayor APPROVED: City Manager Director of Planning and Development Services 10 Item 5: Staff Report Pg. 11 Packet Pg. 43 of 462 Item 6 Item 6 Staff Report City Council Staff Report From: City Manager Report Type: CONSENT CALENDAR CITY O F Lead Department: Human Resources PALO Meeting Date: March 17, 2025 ALTO Report #:2502-4174 TITLE Adoption of Memorandum of Agreement with SEIU, Local 521 for a Term of Three Years Expiring December 31, 2027; CEQA Status - Not a Project RECOMMENDATION Staff recommends that the Council adopt a new Memorandum of Agreement (MOA) between the City of Palo Alto and the Service Employees International Union (SEIU), Local 521, effective from the first full pay period following Council adoption through December 31, 2027. BACKGROUND As a local public agency, the City of Palo Alto is required under California State law to meet and confer in good faith with recognized labor organizations to reach agreements regarding wages, hours, and other terms and conditions of employment. Negotiations between City representatives and SEIU representatives have concluded with a tentative agreement, pending Council approval. The SEIU unit is the City's largest bargaining group, representing 605 full-time positions across departments including Utilities, Libraries, Public Works, Public Safety, Community Services, Planning, Information Technology and Administrative Services. The previous agreement expired on December 31, 2024. Formal negotiations began in September 2024, and after 19 sessions, a tentative agreement was reached on February 12, 2025. The SEIU membership voted to ratify the agreement on February 27, 2025. ANALYSIS The successful negotiation of this agreement advances the City's long-term labor strategy, originally established by the Council in 2019. This agreement aligns with key strategic priorities and reinforces the three core pillars of our labor strategy: Recruitment, Retention, and Operational Efficiencies —ensuring a sustainable and competitive workforce model for the future. Item 6: Staff Report Pg. 1 Packet Pg. 44 of 462 Item 6 Item 6 Staff Report Following what industry analysts coined the "Great Resignation," a nationwide workforce shift triggered by the COVID-19 pandemic, the City experienced a decade -high vacancy rate of 17%. The previous labor agreement (January 2023 — December 2024) focused on competitive market positioning and increased flexibility in benefits —providing greater employee choice to enhance retention. As a result, vacancies have steadily declined toward 10% over the past contract term. To sustain this positive workforce trajectory, reinforce a strong organizational culture, and uphold the City's reputation as an employer of choice, this agreement continues competitive market placement while introducing additional operational efficiencies —such as streamlining recruitment processes to expedite hiring top talent. Additionally, the agreement supports the retention of institutional knowledge and advancement of skilled employees, strengthening the City's long-term workforce sustainability. Key Terms of the Tentative Agreement: 1. Term: Three years (effective from the first full pay period following Council adoption through December 31, 2027). 2. General Wage Increases (COLAs): o Year 1: 3% o Year 2: 2.5% o Year 3: 3% 3. Market -Based Adjustments: o Applied selectively to classifications identified through market surveys to ensure competitive placement within the local job market. o Market -based increases will be distributed over the first two years (50% in Year 1 and 50% in Year 2). 4. Flexible Compensation (Flex Comp): o Year 1: Additional $150 per month in flexible compensation (in lieu of increased medical premium contributions). o Year 2: Additional $50 per month in flexible compensation. 5. Medical Premium Contributions: o Year 3: City contributions toward employee medical premiums will increase by approximately 4%. 6. One -Time Payment: o A $300 discretionary one-time payment to all SEIU-covered classifications, payable in the first full pay period following Council adoption. 7. Streamlined Recruitment process o Posting period reduced to 5 -day minimum o Expedited internal/external initial candidate review process 8. Additional Improvements o Clean up of contract verbiage to ensure clarity and inclusive neutral language Item 6: Staff Report Pg. 2 Packet Pg. 45 of 462 Item 6 Item 6 Staff Report o Improved Long Term Disability coverage at a reduced cost to City and Employee o Streamlined grievance procedure FISCAL/RESOURCE IMPACT Approval of the staff recommendations outlined in this report will result in cumulative costs of approximately $7.7 million in the General fund ($20.2 million in all funds) over the term of the SEIU agreement, which extends three years (from the first full pay period following Council adoption through December 31, 2027). Ongoing annual costs for these agreements once the contract term ends are estimated at $4.7 million in the General Fund ($12.5 million in all funds). The FY2025 Adopted Budget and FY 2026 — 2035 Long Range Financial Forecast (LRFF) include a level of modeling and reserves to plan for additional costs resulting from new labor agreements. The City's forecast is in alignment with the terms of this recommended agreement. Staff acknowledges that this forecast reflects projected deficits; however, as noted earlier, has planned the use of reserves to ensure the City can support the near -term financial impacts of this contract during uncertain economic times. Ongoing, staff will continue to monitor economic uncertainty and work with the City Council to fund priority needs while funding costs associated with this agreement. For funds other than the General Fund, no specific reserve for these increases were allocated, however sufficient funding remains in these funds through either appropriated funds or reserves, including fund balance. These compensation adjustments will be included in the annual budget development process. STAKEHOLDER ENGAGEMENT City staff will post the Memorandum of Agreements and salary schedules on the City's website after Council adoption for public access. In addition, Human Resources will communicate the changes to the terms of these agreements to support employee retention and highlight in job postings to attract new talent and fill vacancies. ENVIRONMENTAL REVIEW Council action on this item is not a project as defined by the California Environmental Quality Act (CEQA) because approval of this MOA is a continuing administrative activity. CEQA Guidelines section 15378(b)(2). ATTACHMENTS Attachment A: MOA between SEIU 521 and the City of Palo Alto — Redline copy Attachment B: MOA between SEIU 521 and the City of Palo Alto — Clean copy Attachment C: Salary Schedules APPROVED BY: Sandra Blanch, Human Resources Director Item 6: Staff Report Pg. 3 Packet Pg. 46 of 462 CITY OF PALO ALTO Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Memorandum of Agreement City of Palo Alto and Service Employees International Union (SEIU) Local 521 January 1. 2025 — December 31. 2027 �F CITY OF F� PALO ALTO Item 6: Staff Report Pg. 4 Packet Pg. 47 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 TABLE OF CONTENTS Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy PREAMBLE........................................................................................................................6 ARTICLE 1- RECOGNITION..........................................................................................6 Section1 - Recognition...................................................................................................6 Section 2 - Protection of Unit..........................................................................................6 ARTICLE 2- NO DISCRIMINATION..............................................................................7 Section 1 — Discrimination..............................................................................................7 Section 2 - Right to Join the Union.................................................................................7 ARTICLE 3- UNION MEMBERSHIP..............................................................................7 Section1 - Notice............................................................................................................7 Section 2 — Payroll Deductions........................................................................................8 Section 3. Certification of Union Membership................................................................8 Section 4. Indemnification, Defense and Hold Harmless................................................9 Section 5 - Documentation..............................................................................................9 Section 5 - Bulletin Boards and Departmental Mail........................................................9 Section 6 - Access to Union Representatives................................................................10 Section 7 - Meeting Places............................................................................................10 Section 8 - Notification to the Union.............................................................................10 Section9 - Union Logo..................................................................................................10 Section 10 - Public Notice.............................................................................................11 Section 11 - Use of Agency Reports..............................................................................11 Section12 - Job Postings...............................................................................................11 Section 13 - Contracting Out.........................................................................................11 ARTICLE 4- STEWARDS AND OFFICERS.................................................................11 Section 1 - Union Officers.............................................................................................11 Section 2 - Number of Stewards....................................................................................11 Section 3 - Release Time...............................................................................................12 Section 4 - Advance Notification Before Leaving Work Location...............................12 Section 5 — Release Time..............................................................................................12 Section 6 - Designated Union Space.............................................................................13 Section 7 - Union Officers and Release Time...............................................................13 ARTICLE 5- REDUCTION IN FORCE..........................................................................13 Section1 - Attrition.......................................................................................................13 Page 1 of 88 Item 6: Staff Report Pg. 5 Packet Pg. 48 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Section 2 - Advance Notice...........................................................................................13 Section3 - Order of Layoff...........................................................................................13 Section 4 - Seniority/Bumping Rights...........................................................................14 Section 5 - Re -Employment List...................................................................................14 Section 6 - Sick Leave Balances....................................................................................14 Section 7 - Hourly Employees Performing Duties........................................................14 ARTICLE 6- PERSONNEL ACTIONS...........................................................................15 Section1 - Probation.....................................................................................................15 Section 2 - Personnel Evaluations.................................................................................15 Section 3 - Personnel Files............................................................................................15 Section 4 - Release of Information................................................................................16 Section 5 - Promotional Opportunities..........................................................................16 Section6 - Rights...........................................................................................................18 Section 7 - Apprentice Positions....................................................................................18 Section8 - Rotation.......................................................................................................19 ARTICLE 7- PAY RATES AND PRACTICES..............................................................19 Section1 - Salary...........................................................................................................19 Section2 - Step Increases..............................................................................................19 Section 3 - Working Out of Classification....................................................................19 Section 4 - Classification Changes................................................................................20 Section 5 - Reclassification Requests............................................................................20 Section 6 - Assignment to a Lead Position....................................................................21 Section 7 - Total Compensation and Survey Database..................................................21 Section 8 - Direct Deposit..............................................................................................22 ARTICLE 8- HOURS OF WORK, OVERTIME, PREMIUM PAY...............................22 Section 1 - Work Week and Work Day.........................................................................22 Section2 - Overtime Work............................................................................................23 Section3 - Work Shifts..................................................................................................25 Section 4 - City -Paid Meals...........................................................................................25 Section5 - Break Periods..............................................................................................27 Section6 - Clean -Up Time............................................................................................27 Section 7 - Standby Pay, Call -Out Pay..........................................................................27 Section 8 - Night Shift Premium...................................................................................27 Page 2 of 88 Item 6: Staff Report Pg. 6 Packet Pg. 49 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Section 9 - Bilingual Premium......................................................................................28 Section 10 - Communications Training Officer (CTO) Compensation .........................28 ARTICLE 9- UNIFORMS AND TOOL ALLOWANCES..............................................28 Section1 - Uniforms......................................................................................................28 Section 2 - Tool Allowance...........................................................................................32 Section3 - Shoe Allowance...........................................................................................32 Section 4 — Certifications...............................................................................................32 Section 5 - Weather Protection......................................................................................37 ARTICLE 10 - HOLIDAYS..............................................................................................37 Section 1 - Fixed Holidays............................................................................................37 Section 2 - Pay for Fixed Holidays................................................................................38 Section 3 - Work on Fixed Holidays.............................................................................38 Section 4 - Variations in Work Week............................................................................38 Section 5 - Floating Days Off........................................................................................39 ARTICLE 11 - VACATIONS...........................................................................................39 Section 1 - Vacation Accruals.......................................................................................39 Section 2 - Holiday Falling During Vacation................................................................40 Section 3 - Illness During Vacation...............................................................................40 Section 4 - Accrued Vacation Pay for Deceased Employees........................................40 Section 5 - Effect of Extended Military Leave..............................................................40 Section 6 - Vacation at Termination..............................................................................41 Section 7 - Vacation Cash Out.......................................................................................41 ARTICLE 12 - LEAVE PROVISIONS............................................................................41 Section1 - Sick Leave...................................................................................................41 Section 2 - Bereavement Leave.....................................................................................43 Section 3 - Military Leave.............................................................................................43 Section 4 - Leave Without Pay......................................................................................43 Section 5 - Jury Duty and Subpoenas............................................................................44 Section 6 - Time Off to Vote.........................................................................................44 Section 7 - Disapproval of Leave of Absence...............................................................44 Section 8 - Personal Business Leave Chargeable to Sick Leave...................................44 Section 9 - Return to Assignment..................................................................................44 ARTICLE 13 - WORKERS' COMPENSATION INSURANCE......................................45 Page 3 of 88 Item 6: Staff Report Pg. 7 Packet Pg. 50 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Section 1 - Industrial Temporary Disability..................................................................45 Section 2 - Vocational Rehabilitation Benefits for Permanently Disabled Employees.45 ARTICLE 14- BENEFIT PROGRAMS...........................................................................45 Section1 - Health Plan..................................................................................................45 Section2 - Dental Plan..................................................................................................48 Section3 - Vision Care..................................................................................................49 Section 4 - Life Insurance..............................................................................................49 Section 5 — Long Term Disability Insurance.................................................................49 Section 6 - Effective Date of Coverage for New Employees........................................49 Section 7 - Dual Coverage.............................................................................................49 Section 8 - Deferred Compensation...............................................................................50 Section 9 — Dependent Care Assistance Program and Medical Flexible Spending Accounts........................................................................................................................50 Section 10 - Training Programs......................................................................................50 ARTICLE 15 - RETIREMENT........................................................................................50 Section 1 - PERS Continuation......................................................................................50 Section 2 - Employee Share...........................................................................................51 Section3. Employer Share............................................................................................52 ARTICLE 16- COMMUTE INCENTIVES AND PARKING.........................................52 Section 1 - Commute Incentive.....................................................................................52 Section 2 — Parking Lot Security — Municipal Service Center......................................53 Section 3 — Bicycle Lockers and Motorcycle Parking...................................................53 ARTICLE 17 -PHYSICAL EXAMINATIONS...............................................................53 ARTICLE18— SAFETY..................................................................................................54 Section 1 - Health and Safety Provisions......................................................................54 Section 2 - Union Cooperation......................................................................................54 Section 3 - Safety Committees and Disputes.................................................................54 ARTICLE 19- GRIEVANCE and APPEAL PROCEDURE...........................................55 Section 1 - General Provisions......................................................................................55 Section 2 — Definitions..................................................................................................55 Section 3 - Conduct of Grievance Procedure or Appeal of Disciplinary Action Procedure....................................................................................................................... 5 5 Section 4 - Grievance and Appeal Procedure................................................................57 Page 4 of 88 Item 6: Staff Report Pg. 8 Packet Pg. 51 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy ARTICLE 20 - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION............................................................................................................................59 Section 1 - Preliminary Notice of Discipline.................................................................59 Section2 - Skelly Meeting............................................................................................60 Section3 — Appeals.......................................................................................................60 ARTICLE 21 - NO ABROGATION OF RIGHTS...........................................................60 ARTICLE 22 - OUTSIDE EMPLOYMENT....................................................................61 ARTICLE 23 -WORK STOPPAGE AND LOCKOUTS................................................61 ARTICLE 24 - PROVISIONS OF THE LAW..................................................................61 Section 1 - Conformity and Separability of Provisions.................................................61 Section 2 - Merit Rules and Regulations.......................................................................61 Section3 - Resolution....................................................................................................61 ARTICLE 25 - TUITION nEIMBUI SEMENTPROFESSIONAL DEVELOPMENT... 61 ARTICLE 26 - COST REDUCTION PROGRAMS.........................................................63 ARTICLE 27 - TERM......................................................................................................63 APPENDIXA....................................................................................................................66 APPENDIX B. APPRENTICESHIPS...............................................................................67 APPENDIX C. DEPT/DIVISION CLASSIFICATION WORKDAY OR WORKWEEK VARIATION.....................................................................................................................70 APPENDIX D. IN -LIEU PREMIUMS.............................................................................75 APPENDIX E. COMMUNICATIONS DIVISION PROMOTIONS...............................76 APPENDIX F. RECOVERY OF CITY TRAINING COSTS...........................................77 APPENDIX G. RECOVERY OF TRAINING INVESTMENT AGREEMENT ............78 Page 5 of 88 Item 6: Staff Report Pg. 9 Packet Pg. 52 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 2023 - 2024 MEMORANDUM OF AGREEMENT City of Palo Alto and SEIU Local 521 IJd*_1►'1114 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy This Memorandum of Agreement (hereinafter "MOA" is entered into by the City of Palo Alto (hereinafter referred to as the "City") and Local 521 Service Employees' International Union, CTW (hereinafter referred to as the "Union"). For the purposes of this MOA "employee" shall mean an employee assigned to a classification within the SEIU General Employee bargaining unit. This MOA is pursuant and subject to Sections 3500-3510 of the Government Code of the State of California and Chapter 12 of the City of Palo Alto Merit Rules and Regulations. ARTICLE 1— RECOGNITION Section 1- Recognition. Pursuant to Sections 3500 - 3510 of the Government Code of the State of California and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations, the City recognizes the Union as the exclusive representative of a representation unit consisting of all regular full and part-time employees in the classifications listed in Appendix A attached hereto. This unit, shall for purposes of identification, be titled the SEIU General Employees bargaining unit (hereinafter "General Unit"). Section 2 - Protection of Units- No supervisor will perform the work of an employee in the General Unit provided that there is an employee available who regularly performs such work. This does not preclude a supervisor from performing work of a minor nature or during bona fide emergencies or on a standby status when willing and qualified unit employees do not live within a reasonable response time of their work location. Supervisory personnel shall be called out to perform unscheduled work only when SEIU General unit employees are unavailable to perform such work or in cases of bona fide emergencies as defined in Article VIII, Section 2. In cases of bona fide emergencies, SEIU General Unit employees shall be called out to complete the necessary work after the immediate emergency situation has been reasonably contained. Page 6 of 88 Item 6: Staff Report Pg. 10 Packet Pg. 53 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 ARTICLE 2 - NO DISCRIMINATION Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Section 1 — Discrimination.. The City of Palo Alto is committed to providing a work environment free from all forms of harassment and discrimination and agrees not to harass or discriminate against employees or applicants based on such characteristics such as race, ethnicity, color, religion, political affiliation, veteran status, military status, national origin, ancestry, disability, medical condition, marital status, age, pregnancy, sex, sexual orientation, gender identity and gender expression, or the perception that any person has such characteristic, and any other characteristic protected by federal or state law or City Ordinance. The City of Palo Alto will not harass or discriminate against employees from exercising their rights to organize in accordance with the Meyers-Milias Brown Act. Complaints of harassment or discrimination may be reported to any of the following individuals: • Immediate supervisor • Any supervisor or manager within or outside of the department • Department Head • Human Resources Director Complaints will be investigated in accordance with the City's Policy and Procedures. Section 2 - Right to Join the Union.. The City and the Union agree to protect the rights of all employees to exercise their free choice to join the Union and to abide by the express provisions of applicable State and local laws. ARTICLE 3— UNION MEMBERSHIP Section 1 - Notice. a) When a person is hired in any of the covered job classifications, the City shall notify that person that the Union is the recognized bargaining representative for the employee and give the employee a packet of information provided by the Union, and will maintain a current copy of the Memorandum of Agreement on the City's website. b) When a group new employee orientation is held for new employees of the bargaining unit, a union representative shall be permitted to make a presentation to such bargaining unit employees during the employee orientation for the purpose of explaining matters of Page 7 of 88 Item 6: Staff Report Pg. 11 Packet Pg. 54 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy representation. The presentation shall not exceed 30 minutes. Management will not be present during the Union presentation. The City will provide release time to a steward or Union Officer for purposes of making the presentation. In addition, a non -City employee Union representative will also be given access to attend for the purposes of making the presentation. c) The City will normally provide the Union with ten (10) days' notice in advance of a group orientation for new employees. Shorter notice may be provided only in a specific instance where there is an urgent need critical to the employer's operations that was not reasonably foreseeable. The date, time, and place of the orientation shall not be disclosed to any third party except the exclusive representative or a vendor that is contracted to provide a service for purposes of the orientation. d) When no group new employee orientation is held, if an employee is unable to attend the group orientation, or if the Union is unable to make a presentation because the City provides less than ten (10) days' notice, the employee will be schedules to attend the next new employee orientation. If the employee does not attend the next new employee orientation, the City will offer the Union an monthly opportunity to make a thirty (30) minute presentation to new employees. This may be scheduled before or after the Steward Council meeting or at another mutually agreeable time. For the months o January, Fcbruary, and March 2023, thc Union may hold a monthly prcscntation (not to e) This section is intended to satisfy the requirements of Government Code Section 3556. Section 2 — Payroll Deductions The City shall deduct Union membership dues and pay other mutually agreed upon deductions (including Committee on Political Education (COPE)) from the bi-weekly pay of member employees. The deductions in this Section shall not apply during any period where an employee is in an unpaid status and/or transfers or in any other manner leaves the representation unit. The Union will be the custodian of records for individual employee membership and dues deduction forms. The Union will maintain all authorizations for dues deductions signed by the individual from whose salary or wages the deduction or reduction is to be made. The City will direct employee requests to cancel or change deductions to the Union. Deductions may be revoked only pursuant to the terms of the employee's written authorization. The City shall remit the deducted dues to the Union as soon as possible after deduction. Page 8 of 88 Item 6: Staff Report Pg. 12 Packet Pg. 55 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Section 3. Certification of Union Membership: Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy The Union agrees to provide the City on a monthly basis, a certified list of members and a statement that the Union has and will maintain written authorizations signed by the individuals from whose wages the Union dues deductions are to be made, and a statement that the Union shall indemnify the City for any claims made by the employee for deductions made in reliance on that certification, in accordance with Government Code Section 1157.12(a). Section 4. Indemnification. Defense and Hold Harmless The Union agrees to indemnify and hold harmless the City and all officials, employees, and agents acting on its behalf, from any and all claims, actions, damages, costs, or expenses including all attorney's fees and costs of defense in actions against the City, its officials, employees or agents as a result of actions taken or not taken by the City pursuant to this Article. Section 5 - Documentation.. The City shall supply the Union with: a) a monthly electronic file on or before the 15th of the month with the names, addresses, classifications, hourly base pay, month, work locations, work phone, home phone number, personal cellphone number, employee number, and personal email, employee ID number, and Committee on Political Education (COPE) listed separately of all bargaining unit employees on file with the City except those who file written notice with the Human Resources Department objecting to release of addresses, home telephone number, personal cellphone number, or personal email address, in which case information will be transmitted without these objected items; and b) a list of bargaining unit new hires, terminations and retirements which occurred during the previous month. The Union shall supply the City, and as applicable, the employees, with documentation required by Government Code Section 3502.5 (f). Section §6 - Bulletin Boards and Departmental Mail. The Union shall have access to inter -office mail, existing bulletin boards in unit employee work areas for the purpose of posting, transmitting, or distributing notice or announcements including notices of social events, recreational events, Union Page 9 of 88 Item 6: Staff Report Pg. 13 Packet Pg. 56 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy membership meetings, results of elections and reports of minutes of Union meetings. Any other material must have prior approval of the Human Resources Office. Action on approval will be taken within 24 hours of submission. The Union may send email messages only for the purposes set forth above. The IT Department will maintain the SEIU list and keep it current. The Union access to email is based on the following conditions: 1) emails to the SEIU list will be copied to the Human Resource Director, or designee at distribution; 2) emails to the SEIU list will only be sent by the SEIU Chapter Chair, Vice Chair, Chief Steward (s) or Secretary, 3) a maximum of 52 emails may be sent per year and a maximum of 12 emails may be sent by the SEIU Chapter Secretary. Section b7 - Access to Union Representatives. Representatives of the Union are authorized access to City work locations for the purpose of conducting business within the scope of representation, provided that no disruption of work is involved. The representative must notify the Human Resources Department prior to entering the work location, including the intended date of the visit. Section 78 - Meeting Places - The Union shall have the right to reserve City meeting and conference rooms for use during lunch periods or other non -working hours. Such meeting places will be made available in conformity with City's regulations and subject to availability the limitations „f prior commitmcnt. Section 89 - Notification to the Union. a) General Pursuant to Government Section 3500, et seq. (Meyers-Milias-Brown Act as amended), the Union shall be informed in advance in writing by Management before any proposed changes not covered by this Memorandum of Agreement are made in benefits, working conditions, or other terms and conditions of employment which require meet and confer or meet and consult process. This paragraph shall not be subject to the grievance procedure of this Memorandum of Agreement so long as the Public Employment Relations Board retains jurisdiction over the obligation to meet and confer in good faith. b) Change in City's Financial Situation Should the City's financial situation deteriorate and the possibility of layoffs result, the City Manager will give prior notice to and consult with the Union prior to recommending any layoffs to the City Council. Implementation of layoffs will Page 10 of 88 Item 6: Staff Report Pg. 14 Packet Pg. 57 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 be consistent with Article 5 — Reduction in Force. c) Vacancies and Temporary Personnel. Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy The City agrees to notify SEIU Local 521 in writing when any irregular, temporary, hourly, provisional, special or extra help employee who consistently performs work typical of the SEIU Local 521 bargaining unit exceeds 1,000 hours of work within a 18 -month period. The City agrees to notify SEIU Local 521 in writing when any position covered by this agreement is left vacant for more than 60 days. The City will notify SEIU and, upon request, In coordination with the SEIU 521 Hourly representation Unit, the City and SEIU 521 may meet regarding the conversion of any long term and on -going hourly positions which the City proposes to convert may be converted to full time positions through the budget process. Section 10 - Public Notice - The City shall make available to the Union, in a timely manner, copies of all City Council meeting agendas, minutes and schedule of meetings. These materials will be available online via the City's website. Section 11 - Use of Agency Reports - Upon request, the City shall provide to the Union reports by department on the use of agency temporaries filling representation unit vacant positions, or doing work similar to that of representation unit classifications. Section 12 - Job Postings: The City shall incorporate the requirements of this Article when publicizing job announcements for classifications covered by this Memorandum of Agreement. Section 13 - Contracting Out. The City, through the labor management process, will keep the Union advised of the status of the budget process, including any formal budget proposal involving the contracting out of SEIU bargaining unit work traditionally performed by bargaining unit members at least thirty (30) days prior to the release of the City Manager's proposed budget. Page 11 of 88 Item 6: Staff Report Pg. 15 Packet Pg. 58 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Prior to contracting out work, the City will attempt to fill vacant positions within the classification which normally performs the work to be contracted out; and attempt to use voluntary overtime to reduce or eliminate the need to contract out. The City will notify the Union in writing at least ninety (90) days prior to contracting work which has been traditionally performed by bargaining unit members. Within the ninety (90) day period of contracting out, both parties may offer alternatives to contracting out and meet and confer on the impact of such contracting out of a bargaining unit employee work. The City will notify the Union in writing when contracting out work which has been traditionally performed by bargaining unit workers, where such contracting out is expected to replace a laid off bargaining unit position that has been eliminated within ninety (90) days prior to the date of the planned contract work. When feasible, the City will provide such notice prior to the beginning date of the planned contract work. The City will meet with the Union upon request to discuss alternatives. This provision does not apply to the filling of temporary vacancies of twelve (12) months or less duration. The City will provide the Union with a biannual list by department of all contract workers or vendors who are contracted by the City who perform work for the City. The City will make a reasonable effort to identify the names of the vendors on the list and the nature of the work provided by each vendor. ARTICLE 4 —STEWARDS AND OFFICERS Section 1- Union Officers. The Union agrees to notify the Director of Human Resources of those individuals designated as Union officers and stewards who receive and investigate grievances and represent employees before Management. Alternates may be designated to perform steward functions during the absences or unavailability of the steward. Section 2 - Number of Stewards. The number of stewards designated by the Union at a given time shall not exceed thirty- five (35). Section 3 - Release Time. It is agreed that; as long as there is prior notice as specified below to the Supervisor and the release of stewards will not unreasonably disrupt City operations, stewards shall be allowed reasonable release time away from their work duties, without loss of pay, to Page 12 of 88 Item 6: Staff Report Pg. 16 Packet Pg. 59 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy represent a unit employee or employees on grievances or matters within the scope of representation, including: a) A meeting of the steward and an employee, or employees of that unit related to a grievance. b) A meeting with Management. c) Investigation and preparation of grievances. Grievances may be transmitted on City time. All steward release time shall be reported on time cards. Section 4 - Advance Notification Before Leavine Work Location. The Union agrees that the steward shall give no less than one (1) full business day advance notification to his/her supervisor before leaving the work location, except in those cases involving an unforeseeable circumstance that requires immediate union representation where advance notice cannot be given or when the relevant supervisor otherwise allows less notice. A supervisor may deny such a request for release from duty if the steward is needed to ensure real time delivery of services that the steward provides for the public or internal City customers and another employee who normally provides such services is not available on a straight time basis to relieve the steward, or in a bona fide emergency. If such denial occurs, the union may request the release of another of its designated stewards to perform the representation duties involved. Such request shall be processed in accordance with the terms set forth in this section except that the requirement for a full business day advance notice to the replacement representative's supervisor shall not apply. Nothing herein shall preclude the City from rescheduling a meeting it has scheduled, to facilitate the attendance of a steward who has requested release if, in the City's judgment, such change can be undertaken without undermining the objectives of the meeting. Section 5 — Release Time. Four (4) Union officers, who are City employees, shall be allowed a reasonable amount of release time off for purposes of meeting and conferring or meeting and consulting on matters within the scope of representation. All such time will be reported on timecards. Section 6 - Designated Union Space. Page 13 of 88 Item 6: Staff Report Pg. 17 Packet Pg. 60 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Union stewards may utilize space in assigned desks for storage of Union materials. In the event stewards are not assigned desks the City will provide locker or other mutually agreeable space for storage of Union materials. Section 7 - Union Officers and Release Time. Four (4) union officers, who are City employees shall be allowed a reasonable amount of release time off for monthly Labor/Management Meetings. When the Union believes additional subject matter expert or experts would be helpful to the discussion, the Union shall notify the Human Resources Director, or designee and request release time for those individuals. Additional release time will be by mutual agreement. Officers released under this section may be permitted reasonable release time for caucus, the amount of which will be determined by mutual agreement. ARTICLE 5 - REDUCTION IN FORCE Section 1 - Attrition. In the event of reductions in force, they shall be accomplished wherever possible through attrition. Section 2 - Advance Notice. When the City determines that layoffs are imminent resulting from reduction in force within the representation unit, the City will give the Union such advance notice as is reasonable under the circumstances. The notice will indicate the departments and divisions which will be affected and the circumstances requiring the layoffs. The City will furnish the Union with a current representation unit seniority list with notice of layoff. Section 3 - Order of Layoff - If the work force is reduced within a department, division, or office for reasons of change in duties or organization, abolition of position, shortage of work or funds, or completion of work, employees with the shortest length of service will be laid off first so long as employees retained are fully qualified, trained, and capable of performing remaining work. Length of service for the purpose of this article will be based on current service hire date of record in a regular classification with no adjustment for leaves of absence. Length of service ties will be determined by lot in a method agreeable to both parties. Employees laid off due to the above reasons will be given written notice at least thirty days prior to the reduction in force. A copy of such notice will be given to the Union. Such employees shall be offered priority employment rights to regular positions which are Page 14 of 88 Item 6: Staff Report Pg. 18 Packet Pg. 61 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy requisitioned and for which the employees are qualified for a period beginning with notification and ending sixty (60) days following the reduction in force. Employees transferred or reclassified under this section will be assigned to the step in the new classification salary range closest to the employee's salary range at the time of reclassification. Employees laid off pursuant to this section shall receive the balance of all regular City compensation owed and severance pay equal to one month's salary at the employee's final rate of pay at termination. This does not include any amounts payable under Article V, Section 6, or PERS contribution refunds, if any. Section 4 - Seniority/Bumping Rights - Employees identified for layoff who have seniority (bumping) rights to their current or previously held classifications within the representation unit must declare their intention to exercise these rights in writing and submit to the Human Resources Department within seven (7) working days after written notification of layoff, otherwise bumping rights will automatically terminate. Bumping may occur within the representation unit, only to the least senior incumbent of the current or a previously held classification. To bump, the employee must be fully qualified, trained, and perform all work in the position. For purposes of this section of the Agreement, the term "working days" shall mean Mondays through Fridays, exclusive of holidays. When an employee returns to work from a military protected leave, they will be reinstated as required by law. Should this result in bumping a current employee; the displaced employee will have bumping rights as set forth in this section. Section 5 - Re -Employment List. The names of employees laid off or who through bumping changed classification in accordance with the provisions of this Article shall be entered upon a re-employment list in seniority order. The employee with the greatest seniority on the re-employment list, including those who exercised their bumping rights, shall be offered reinstatement first. Such notice of reinstatement shall be in writing with a copy to the employee, Union and Chapter Chair. If a laid off employee waives reinstatement or fails to respond within ten (10) working days of receipt of the notice, the employee shall be removed from the reemployment list. The person with the highest seniority including those who exercised their bumping rights on a re-employment list for a particular classification when a vacancy exists in that classification shall be offered the appointment. Names shall be carried on a re-employment list for a period of two (2) years from the date of separation from City services or change of classification through bumping. Upon re-employment within the two-year period, the employee's hire date of record at the time of layoff will be reinstated. When qualifications are in question, the City and SEIU will meet and confer. Page 15 of 88 Item 6: Staff Report Pg. 19 Packet Pg. 62 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Section 6 - Sick Leave Balances. Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Employees laid off pursuant to Section 2 who are reinstated to a regular position within sixty (60) days shall retain the sick leave balance they had at the time of layoff, unless they have received a sick leave payoff in accordance with Article XII. Section 7 - Hourly Employees Performing Duties. No representation unit employee will be laid off or remain on a re-employment list when hourly employees are performing substantially all the duties of the classification of the employee receiving a layoff notice or on a re-employment list. This provision shall not be applied to hourly positions which have been traditionally used for seasonal and part-time work. ARTICLE 6 - PERSONNEL ACTIONS Section 1 - Probation. Each new regular or part-time employee, except employees in police dispatch positions, shall serve a probationary period of twelve (12) months, commencing with the first day of his/her employment. Each new regular or part-time employee in dispatch positions will serve an 18 -month probationary period commencing with the first day of his/her employment. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the effective adjustment of a new employee to his/her position, and for rejecting any probationary employee whose performance does not meet the acceptable standards of work. At least one written performance appraisal will be given to each probationary employee on or before expiration of the probationary period. This appraisal will be given approximately at the end of the sixth month and another at the end of the twelfth month for employees in police dispatch positions. In the event of termination prior to successful completion of the probationary period, such terminated employee shall be given written notice of his/her termination with the reasons for the termination stated therein. The Human Resources Department shall, upon request, afford an interview in a timely fashion to the terminated employee for discussion of the reasons for termination. The employee may, upon request, be accompanied by a Union representative. The interview shall not be deemed a hearing nor shall it obligate the City to reconsider or alter the termination action. The parties agree that probationary employees shall have all rights under this Memorandum of Agreement, including full and complete access to the grievance procedure, save and except for instances of suspension, demotion or termination. Page 16 of 88 Item 6: Staff Report Pg. 20 Packet Pg. 63 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Section 2 - Personnel Evaluations. Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Personnel evaluations will be given to employees annually as scheduled by Management. Personnel evaluations are not appealable through the grievance procedure but, in the event of disagreement over content, the employee may request a review of the evaluation with the next higher level of Management, in consultation with the Human Resources Department. For purposes of this review, the employee may be represented by the Union. Decisions regarding evaluation appeal shall be made in writing within ten (10) working days following the review meeting. Section 3 - Personnel Files. Records of all disciplinary actions shall be kept in the central personnel file. Employees shall be entitled to sign and date all action forms in their personnel files. Employees are entitled to review their personnel files upon written request or to authorize, in writing, review by their Union representatives. An employee or the Union shall be allowed, upon reasonable request, copies of materials in an employee's personnel file relating to a grievance. Records of disciplinary actions, including references in a performance evaluation, shall be removed from a personnel file upon written request by the employee after a period of four years, or sooner as mutually agreed by Management and the employee so long as there have been no duplicated policy violations since the discipline (based on the Notice of Disciplinary Action) and the disciplinary action did not involve a violation of the City's anti -harassment policy, or state and federal harassment and discrimination laws. Section 4 - Release of Information. The City will only release information to creditors or other persons upon prior identification of the inquirer and acceptable reasons for the inquiry. Information then given from personnel files is limited to verification of employment, length of employment and verification and disclosure of salary range information. Rcicasc iMore specific information may be released if authorized in writing by the employee, required by aoolicable law. or aursuant to a valid order of a court or administrative agency. Section 5 - Promotional Opportunities. With the exception of Flexibly Staffed positions and Apprentice positions as described in Appendix B, the promotional procedures in this Section will control. A Flexibly Staffed position is a position where transition from one classification to another occurs when an employee has met the requirements for promotion to the higher classification and does not require a promotional process. A position is considered Flexibly Staffed when that position is budgeted at a higher classification than the position is currently filled. For Page 17 of 88 Item 6: Staff Report Pg. 21 Packet Pg. 64 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy example, if the City recruits for a Planner but ends up underfilling the position with an Associate Planner, the incumbent may be reclassified to a Planner once they qualify for that classification. Flexibly Staffed positions will be identified by mutual agreement using the following process: (1) Prior to posting the recruitment, the City will notify the Union that it intends to identify a position as Flexibly Staffed; (2) if the Union requests to meet over the designation, the recruitment will proceed and the Parties will discuss flexible staffing at Labor Management; (3) if the Union does not request to meet over the designation or if the Parties reach agreement to designate the position as Flexibly Staffed, the City will designate the position as Flexibly Staffed. a} Posting. Promotional opportunities for classifications within the representation unit will be posted for at least one (1) week fog teen (1 4) calendar days prior to selection. Outside recruitment may be used for promotional openings and may begin at the time of posting, or any time thereafter. If, however, there are three or more quthrcc or morc qualificd intcrnal candidates within thc dcpartment where thc vacancy occurs, and thosc candidates successfully complete thc selection process, outside candidates will not be considered. b) Internal Candidate Eligibility. All non -probationary representation unit employees are eligible to apply for posted promotional opportunities, except that Management may waive this requirement for all probationary employees within the department where the promotional opportunity occurs. c) Selection. The selection procedure for each promotional opening will be determined and administered by the Human Resources Department in consultation with the requisitioning department. Selection procedure and job description information will be available at the Human Resources Office and on the City's career website at the time of posting. Efforts will be made to standardize tests and procedures where standardization is feasible and appropriate. Any tests used shall be reasonably predictive of success in the classification, and tests not be biased with respect to race, sex, sexual orientation, religion, creed, political affiliation, color, national origin, ancestry, or age. Internal candidates who successfully complete the screening and testing process shall be granted an interview. The granting of an interview does not guarantee that the internal candidate will be selected for the position. Selection procedures may include any or all of the following phases: 1) Application. Both inside and outside candidates must complete a City of Palo Alto application form specified by the Human Resources Department. Applications must be submitted to the Human Resources Office. Page 18 of 88 Item 6: Staff Report Pg. 22 Packet Pg. 65 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy 2) Screening. Applications will be screened by the Human Resources Department and, in some circumstances, a manager from the Department seeking to fill a position to ascertain whether candidates meet minimum requirements as outlined in the job description. Internal candidates deemed not to meet minimum requirements may submit additional qualification information writing within three working days of notification of requirement deficiency. 3) Performance Testing. Performance tests, such as typing, machinery or vehicle operation, skills demonstration, physical agility, etc., will be qualifying. Pass -fail points will be announced in advance for qualifying tests. If requested in writing prior to the test, performance test may be witnessed by Union steward. 4) Written Tests. Written achievement or aptitude tests will be qualifying. Pass -fail points will be announced in advance for qualifying tests. 5) Interviews, Appraisals. Interviews may be conducted individually or by interview boards and will be qualifying. Interview boards shall be composed of qualified and unbiased people. Where interview boards are used, Management will include at least one bargaining unit employee on each board. If individual interview or an interview board is used, a majority of the individuals or board members must recommend a candidate in order for the candidate to qualify for appointment. Performance appraisals written by candidatessupervisors may be used as indicated in the selection procedure. d) Recommended Candidates. Candidates who successfully complete all phases of the selection procedure will be recommended to the appointing authority. e) Seniority. Seniority, for purposes of this Article, will be based on current service hire date of record in a regular classification with no adjustment for leaves of absence. Seniority ties will be determined in favor of the employee with the lowest employee number last four digits. Exceptions to this subsection may be established by mutual agreement on a departmental or divisional basis. Such exceptions are listed in Appendix E. f) Appointment. The appointing authority will make appointments from among those recommended candidates who are most qualified as determined by objective review of selection procedure results and background materials. Where appointments are made from only internal candidates who are equally qualified as determined by objective review of selection procedure results and past performance, seniority will be the determining factor in promotional appointments. Page 19 of 88 Item 6: Staff Report Pg. 23 Packet Pg. 66 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy g) Violations. Any violation of this Article may be appealed to the Human Resources Director in Step III of the grievance procedure. h) Eligibility List (Pilot program). Human Resources may maintain an eligibility list of those applicants who interviewed and were ranked within the top three (3). Candidates on an eligibility list will be considered for any vacant position in the classification for which the list exists, without the need to submit a new application under section (c)(1) of this provision. This pilot program will sunsct with the cxpiration of the MOA, but net I -,t.,. - than December 31, 2024, unless extended by writtcn a nt of the parties Section 6 - Rights - Unit employees applying for a vacant equal or lower paying position shall have the same rights as unit employees applying for a promotion. Section 7 - Apprentice Positions a} The City shall establish apprentice positions wherever feasible. Length of apprenticeship, type of training, and pay levels shall be by mutual agreement. Where possible, apprentice positions will underfill regular positions so that incumbents may automatically progress to the classification for which they are training upon successful completion of apprenticeship. The City will meet and confer with the Union before adding any new apprenticeship programs during the term of this agreement. All apprenticeship programs are listed in Appendix B. Section 8 - Rotation - In assigning employees to regular or special shifts, transfer, standby, overtime, or vacation selection, ability to perform the work, length of service or equitable rotation shall determine the assignments. In accordance with this provision, more definitive rules may be arranged by mutual agreement of the Union and individual City departments. ARTICLE 7 - PAY RATES AND PRACTICES Section 1- Salary - The base salary rates and ranges for job classifications covered by this bargaining unit shall be increased as set forth in Appendix A to reflect salary increases for all positions in the unit and market adjustments to positions identified in the total compensation survey as under -market based on the survey results for base, cash, insurance and the normal cost of retiree medical (when such information is required by and verified through the Page 20 of 88 Item 6: Staff Report Pg. 24 Packet Pg. 67 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy CAFR), with total rates and ranges as set forth in Appendix A (Salary Schedule) attached hereto. Section 2 - Step Increases - Merit advancements from the first salary step to the second salary step shall be granted upon successful completion of probation, and between second and subsequent steps at one-year intervals, if the affected employee has demonstrated continued improvement and efficient and effective service. For the purpose of determining step time requirements, time will commence on the first day of the month coinciding with or following entrance onto a salary step. Step increases shall be effective on the first day of the payroll period in which the time requirements have been met. Section 3 - Working Out of Classification - The term "working out of classification" is defined as a Management authorized full-time assignment to a budgeted/approved position on a temporary basis wherein all significant duties are performed by an individual holding a classification within a lower compensation range. Out -of -classification provisions do not apply to work assignments performed in connection with specific predetermined apprenticeship or training programs, or declared conditions of public peril and/or disaster. Pay for working out of classification shall be as follows: a) Employees appointed to an "out of classification" will receive acting pay beginning the first day of the assignment and shall be paid for all hours worked in the higher classification provided the employee works a minimum of four (4) hours. b) Where out -of -class appointments last for more than 90 days, and whenever feasible, an out -of -class appointment will be rotated among qualified, interested employees in the work group. c) Employees will receive 5% premium pay for all assigned out of class pay for work within SEIU Classifications, with the exception of except for lead assignments, where the out of class pay will result in a 7% premium pay. d) Employees appointed to "out of class" assignments that are in the Management and Professional Compensation Plan or in Utilities Management and Professional Association for at least one workweek will receive up to a 10% premium pay. Page 21 of 88 Item 6: Staff Report Pg. 25 Packet Pg. 68 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Section 4 - Classification Changes - Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy During the course of this agreement, the Union and affected employees shall be notified in advance of any contemplated changes in classification description, wage range or steps. Such changes shall be subject to the meet and confer process. Such meet and confer process shall be concluded within no more than thirty (30) days following delivery of the City's notice to the Union. If the Union and the City cannot reach agreement on the appropriate pay level from a job so reclassified, the Union may, within ten (10) City business days following the conclusion of the meet and confer process described above by delivery of written notice to the Human Resources Director, refer the dispute over the proposed wage range or steps to arbitration at Step 4 4V of the Grievance Procedure set forth at Article 19 XI( of this Memorandum of Agreement. Section 5 - Reclassification Requests. a) Effective Fiscal Year 2023-24, the Union may request in writing a re-evaluation of up to three (3) positions based on significant permanent changes in job content or significant discrepancies between job content and classification description. The request must be in writing, contain justification and may be made only on an annual basis during the period of January 10 through February 10. A statement by management that a job reevaluation request will be submitted with the departmental budget does not relieve the Union from the responsibility of submitting a request during this period. The Human Resources Director or hior #ec their designee will initially respond to such requests within ninety (90) calendar days by notice to the employee and the union; however, this timeline may be extended if necessary. Such response shall include any reclassification to a different classification or changes in description that the City believes are warranted and any related changes in applicable pay range or steps. If meetings are held, the employee may request representation. If a reclassification is approved and results in an increase in salary, it shall be retroactive to the date the Employee or Union filed the request for the reclassification. b) If the employee or Union disagrees with the accuracy of the description of duties resulting from the study conducted pursuant to subsection (a) of this Section or with the wage range or steps assigned by the City as a result of the study, the employee or Union may, within ten (10) City business days of delivery of notice of such determination, appeal such decision under step I -V 4 of Article XI -X 19, Grievance Procedure. c) In a dispute under Section 4(-a-} or Section 5(b) above, the arbitrator shall render his or her decision on the appropriate wage range or steps within twenty-one (21) Page 22 of 88 Item 6: Staff Report Pg. 26 Packet Pg. 69 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy days after the initial hearing date. The same time line will be observed for disputes over the accuracy of the revised classification description. The parties will notify the arbitrator of this deadline at the time of the arbitrator's selection. In reaching a decision on wage range and steps under Section 4(-a-} or 5(b) above, the arbitrator shall base hi cr their award on the factors traditionally taken into account in the establishment of compensation. When deciding a dispute over the accuracy of the revised classification description under section 5(b) above, the arbitrator shall identify the modifications of the pre-existing classification necessary to accurately reflect the permanent changes, if any, that have been implemented. Upon receipt of the arbitrator's award, the City shall implement the revised classification and wage range or steps as provided in the award except as provided under subsection 5(c) of this section below. Notwithstanding an arbitrator's award pursuant to any appeal process, the City retains the right to forego implementing the changes and the proposed changes shall revert to the status quo as it existed before those changes in duties occurred or were proposed. d) An employee may submit a request for reclassification for the same classification no more than once every twenty-four (24) months. Section 6 - Assignment to a Lead or Senior Position. All vacancies in lead positions shall be filled in accordance with Article VI, Section 5. The pay range for the lead position shall be a minimum of seven 7% percent above the pay step of the highest paid employee on the crew. All vacancies in senior positions shall be filled in accordance with Article 6, Section 5. The top step of the pay range for the senior position shall be a minimum of seven (7%) above the top step of the pay range for the position below it in the series. Departmental exceptions for filling lead positions on a rotational basis for training and development purposes may be arranged by mutual agreement of the Union and individual City departments. Section 7 - Total Compensation and Survey Database. Management and the Union Iaae agreed to a compensation survey database structure which identifies specific benchmark classifications for job families, classifications within the job families of each benchmark classification, survey agencies and survey classification matches. Survey Cities include: Alameda Hayward San Mateo Berkeley Mountain View Santa Clara Daly City Redwood City S. San Francisco Fremont San Jose Sunnyvale Page 23 of 88 Item 6: Staff Report Pg. 27 Packet Pg. 70 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy If the employer list will not permit the production of a survey report that includes data from at least four (4) employers that employ employees in a classification comparable to the classification surveyed by the City, neither party is precluded from bringing forward information on other employers in the relevant recruitment area that employ workers in a comparable classification so that data from at least five (5) surveyed employers will be included in the study, if feasible. Such employer may include any public or private employer. The database is intended to provide one source of information concerning how the compensation paid to employees in bargaining unit job classifications compares to that paid by other employers. The City will update the survey database and send the Union a copy no later than August 31, 2024. This survey will be considered in connection with special adjustment proposals in successor agreement negotiations. By agreeing to a survey database, neither the Union nor Management the City is under obligation to propose or agree to special adjustments. UU!f 1r[kwINLrni:nff Section 8 - Direct Deposit The City shall directly deposit all paychecks for Unit employees in a financial institution of the employee's choice that accepts direct deposits and does not charge the City a fee(s) for direct deposit service. In the cvcnt that the ployee fails to designate a financial City's ARTICLE 8 - HOURS OF WORK, OVERTIME, PREMIUM PAY Section 1- Work Week and Work Day; The standard workday for r ular full time ployees shall -be -one of the following: • Eight hours to be worked within a maximum of nine hours (five_ day work ck); • Ten hours to be worked within a maximum of eleven hours (four day work wcck); Of Page 24 of 88 Item 6: Staff Report Pg. 28 Packet Pg. 71 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy tiJ � ! � • • 1 Dispatch s, +The standard work week for regular full time employees shall be forty 40 hours to be worked within five seven consecutive days, including the standard 5/8 work schedule, the 4/10 work schedule, the 9/80 work schedule, and flexible staffing for Dispatchers. Additional exceptions to the above are listed in Appendix C. The Union shall be notified of any further exceptions to this section in accordance with Article 3 +I -I, Section 8. For purposes of the Fair Labor Standards Act (FLSA), the standard workweek shall begin at midnight on Sunday and end at 11:59pm on the following Saturday. However, the workweek of employees on the 9/80 schedule shall begin and end at the mid -point of the emolovee's 8 -hour workday, and the workweek for DisDatchers shall begin and end on the day designated by departmental policy. The City and the Union agree that the availability of alternate/flexible work schedules is a valuable benefit in that they promote job satisfaction while also reducing traffic congestion and air pollution. Employees may utilize flexible arrangements to attend trainings, seminars, meetings, or for other mutually agreed upon situations. Any such change to work hours shall be approved by the supervisor in advance and should not result in overtime. During the term of this agreement, employees, subject to the conditions of their job assignment, may propose an alternate work schedule as listed under this Section. Such proposals must be made to the department head through the immediate supervisor. Serious consideration will be given to the feasibility and productivity of such proposals, however Management retains the right to determine scheduling needs. Section 2 - Overtime Work. a) Overtime work for all unit employees shall be defined as any time worked beyond the standard workday or beyond the standard work week. Page 25 of 88 Item 6: Staff Report Pg. 29 Packet Pg. 72 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy All time for which pay is received shall count as hours actually worked for the computation of regular overtime pay; however, non-productive time will not be included in computation of any additional FLSA premiums. b) Emergency overtime is defined as unplanned overtime work arising out of situations involving real loss of service or property or personal danger. Emergency overtime does not include: overtime work resulting from personnel replacement for purposes of maintaining scheduled staffing; ii. overtime work which is planned in advance; iii. overtime work resulting from being held over for up to four hours to finish work performed during the regular shift. c) Compensation to employees working overtime will be in the form of additional pay at the rate of one and one-half times the employee's applicable hourly salary with the exception that an employee may request and, upon approval, be granted compensatory time off at the rate of one and one-half hours for each hour of overtime worked, subject to the limitations of applicable state and federal laws. Two times the employees' applicable hourly salary will be paid for billable customer convenience overtime and emergency overtime as defined in subsection (b) above. Employees may elect at any time to cash out compensatory time off hours or roll into vacation time, up to applicable maximums. These elections must be made via the Compensatory Time Cashout Form submitted to payroll and will take place the following pay period, if received by the form's due date. Any compensatory time off hours not taken, allocated, or cashed out will be automatically cashed out once a year during the last pay period in December 4rs-t poy period in April. d) When an employee is required to work 6 or more hours of overtime (either emergency or pre -arranged) during the 16 hour period immediately preceding the beginning of the employee's regular shift on a workday, the employee shall be entitled to a nine (9) hour rest period before returning to work. When an employee is called back to work and works a minimum of three (3) hours of emergency overtime during the period at least eight (8) hours but not less than two (2) hours before the start of their regular work shift (e.g., for an employee with an 7:O0am start time between the hours of 11:0Opm and 5:0Oam), the employee shall be entitled to a six (6) hour rest period commencing at the time of release from duty. If the rest period overlaps the employee's regular work shift in Page 26 of 88 Item 6: Staff Report Pg. 30 Packet Pg. 73 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy whole or in part, they will be paid at the straight -time rate for the time that falls within their re&ular work shift. The City may require an employee to work during their designated rest period. However, in that event, the employee will be paid for the rest period plus straight time for the hours actually worked during the rest period (i.e., double time for hours worked during the rest period). If the rest period overlaps into the second half of the work day, the employee may be given (with supervisor approval) the remaining time off (up to a maximum of 3 hours) at the straight time rate of pay. Any portion of the rest period falling within the employee's work shift will be considered as hours worked and compensated at the straight time rate. e) If non -emergency overtime is canceled without at least 40 clock hours' notice, the City shall pay the affected employees two (2) hours' pay at time and one-half. f) Employees working overtime who are too fatigued to continue or return to work, for safety reasons will be released from duty without compensation. g) Part-time Employees. Authorized hours worked by an employee in a budgeted, part-time position in excess of the scheduled hours of work of the position shall be compensated at the employee's applicable hourly rate up to the maximum of non -overtime hours in the work period applicable to the employee. If a part-time employee works more than 80 hours in a pay period then overtime will be paid in accordance with the FLSA. Section 3 - Work Shifts. All employees shall be assigned to work shifts with scheduled starting and quitting times. Should conditions necessitate a change in starting and quitting times, the Union will be notified ten (10) working days in advance and permitted to discuss such changes with the City. This, however, shall not preclude the City's right to effect schedule changes dictated by operational necessity. This section does not apply to overtime scheduling. Section 4 - City -Paid Meals. In accordance with City policy, the City of Palo Alto bases its meal reimbursement limits on the U.S. General Services Administration (GSA) per diem rates. Those rates are adjusted every October. For overnight travel per diem rates, the City reimburses based on the rates applicable to the destination of travel, as provided by the GSA at http://www.gsa.gov/portal/category/100120. For non -travel meals, the City will Page 27 of 88 Item 6: Staff Report Pg. 31 Packet Pg. 74 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy reimburse up the maximum GSA rates for the Palo Alto area. Receipts are required to back-up these expenses. OR, OR, a) Emergency overtime meals. For purposes of this section, emergency overtime is defined as unplanned overtime arising out of situations involving real loss of service or property or personal danger. The City agrees to reimburse for meals based on GSA maximum rates for the Palo Alto Area and will provide meals in the following emergency overtime situations: 1) When an employee is called back and is on duty for a period of three consecutive hours, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. 2) When an employee is held over on duty so that his/her overtime assignment extends two hours after shift end, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. 3) When an employee is called out two hours or more before a regularly scheduled day shift and works the regularly scheduled shift, he/she will be entitled to breakfast and lunch. Lunches will be consumed on employee's own time. No in -lieu pay will be made for meals not taken. This sub -section does not apply if already covered in Section 4(a)(1) above. 4) When recalled two hours or less after the end of a regular shift, unless assigned to standby. b) Non -emergency overtime meals. The City will provide meals for personnel assigned to non -emergency overtime work where the assignment extends two hours after the regular or overtime shift end and at intervals of five hours thereafter. c) With regard to (a) and (b) above, the City agrees to reimburse for meals based on GSA maximum rates for the Palo Alto Area. Where possible, the City will arrange purchase orders at mutually agreeable restaurants. The time necessarily taken to consume a meal provided under this section shall be considered as time worked to a maximum of one hour, except as noted in (a) (3). d) With regard to (a) and (b) above, in the event an employee is to be provided a meal or meals pursuant to this section and such meal(s) are not provided due to working conditions, the employee shall have the option of receiving for each meal Page 28 of 88 Item 6: Staff Report Pg. 32 Packet Pg. 75 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy not provided an additional one hour of overtime compensation in lieu of such meal. This hour will not be considered as time worked or part of the rest period, but will be applied to qualify for the rest period. e) Emergency overtime meals for Public Safety Dispatchers. The Police Department will provide meals to employees in an emergency overtime situation involving real or potential loss of service or personal danger. 1) When an employee is called back and is on duty for a period of three consecutive hours, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. 2) When an employee is held over on duty so that h",, their overtime assignment extends two hours after shift end, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. 3) When an employee is called out two hours or more before a regularly scheduled shift. The employee will be entitled to two meals, the second meal will be consumed on the employee's own time. No in -lieu pay will be made for meals not taken. 4) When recalled two hours or less after the end of a regular shift, unless assigned to standby. f) Non -emergency overtime meals for Public Safety Dispatchers. The Police Department will provide meals to employees in non -emergency situations where the assignment extends more than two hours after the regular or overtime shift end and at intervals of five hours thereafter. If the City is unable to provide a meal, the City agrees to reimburse for meals based on GSA maximum rates for the Palo Alto Area. This policy only applies when an employee is held over, either voluntary or mandated, on duty beyond a scheduled regular or overtime shift. Section 5 - Break Periods. All employees shall be granted a break period or coffee break limited to 15 minutes during each four hours of work. Departments may make reasonable rules concerning break period scheduling. Break periods not taken shall be waived. Page 29 of 88 Item 6: Staff Report Pg. 33 Packet Pg. 76 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Section 6 - Clean -Up Time - Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy All employees whose work causes their person or clothing to become soiled shall be provided with reasonable time before lunch and at shift end for wash-up purposes. Section 7 - Standby Pay, Call -Out Pay. a) Standby Compensation Employees performing standby duty shall be compensated at the daily rates established below: On a Regular Workday (14 to 16 -hours of Standby) 70 On a Regular Day Off (e.g., Weekends and Holidays) (24 -hours of $100 Standby) In the event of a declared City emergency, this section applies to standby assigned in accordance with applicable department policy. b) Minimum Call -Out Pay Employees who are called out to work after leaving the worksite for the day work shall be compensated for at least two hours' pay from the time of the call - out for each occurrence at the appropriate overtime rate. Employees who work more than two (2) hours after being called out shall be compensated for all hours worked outside of their normal shift at the overtime rate. Employees will receive two (2) hours of pay for each callout. However, they will not receive callout pay when they are already in paid status (e.g., when a second call comes in within two (2) hours after the initial callout), except as provided in (c) below. Effective the first full pay period following the later of January 1, 2025 or City Council approval of the MOA, Tthe two-hour minimum does not shall apply to employees called out to work while earning pay for being in a standby status unless called out to perform billable customer convenience work in which case the two hour minimum will apply. Page 30 of 88 Item 6: Staff Report Pg. 34 Packet Pg. 77 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Section 8 - Night Shift Premium. Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Night Shift premium is paid at a rate of 6% of an employee's base hourly rate. Night Shift premium is paid only for hours actually worked between 6:00 p.m. and 8:00 a.m. Employees who regularly work night shifts shall receive appropriate night shift premiums, relating to night shift hours worked, in addition to base pay for holidays, sick leave and vacation. In order to be eligible for night shift premium, an employee must meet the following criteria: a) Be assigned to a shift on a regular basis which is scheduled for at least 2 hours between the hours of 6:00 p.m. and 8:00 a.m.; b) Or be assigned to work another employee's regularly assigned shift which is scheduled for at least 2 hours between the hours of 6:00 p.m. and 8:00 a.m.; c) Or if your schedule is temporarily changed under Section 3 of this article which is scheduled for at least 2 hours between the hours of 6:00 p.m. and 8:00 a.m. The following are excluded from eligibility for night shift premium: a) Overtime hours; b) Alternate work schedules at an employee's request which overlap with the hours of 6:00 p.m. and 8:00 a.m. Section 9 - Bilingual Premium. Sixty dollars ($60) $59 per pay period shall be paid to a bilingual employee whose abilities have been determined by the Human Resource Director as qualifying to fill positions requiring bilingual speaking and/or writing ability when the employee regularly performs such duties. The Human Resource Director will determine the number, timing, location and duration of the assignments receiving the additional pay provided herein and which languages are needed. Sign language shall be recognized as a bilingual skill under this Article. Disagreements over the designation of positions will be referred first to the Labor Management Committee. If a disagreement still exists it will be referred to the Grievance Procedure. Human Resources will respond to the employee within sixty calendar (60) days after receipt of request. Upon approval by the Human Resources Director, the City is required to arrange for language testing within four (4) months of the approval. Employees receiving bilingual pay must provide interpreter services upon request. Bilingual pay may be revoked if the employee no longer regularly performs duties involving bilingual speaking or writing. The City may require any employee receiving bilingual pay to re -certify (test) based on observed skill or lack of use. Page 31 of 88 Item 6: Staff Report Pg. 35 Packet Pg. 78 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Section 10 - Communications Training Officer (CTO) Compensation: Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Public Safety Dispatchers and Chief Public Safety Dispatchers identified by Management to work as a Police Officers Standards and Training (POST) certified CTO will be compensated at a premium pay rate of five (5) percent. The premium pay is provided only for those hours spent as a CTO training a probationary dispatcher while on -duty in the Dispatch Center. ARTICLE 9- UNIFORMS AND TOOL ALLOWANCES Section 1 - Uniforms. a) The City will provide uniforms, coveralls or shop coats on a weekly basis, or as otherwise furnished, for the following jobs and/or classifications and any positions necessary or required as determined by management. Animal Control Officer Assistant Storekeeper Associate Engineer - Pretreatment Auto Service Mechanic Building Service Person - Lead Building Service Person Cathodic Technician Cement Finisher - Lead Cement Finisher Chemist Community Service Officer (CSO) Electrical Assistant Electrician Apprentice Electrician Lead Engineering Technician III - Refuse Equipment Operator Equipment Operator - Lead Facilities Carpenter Facilities Electrician Facilities Maintenance - Lead Facilities Mechanic Facilities Painter Field Serviceperson Gas System Shop/Field Repairer Gas System Technician I Gas System Technician II Page 32 of 88 Item 6: Staff Report Pg. 36 Packet Pg. 79 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Golf Course Equipment Mechanic Golf Course Maintenance Person Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Heavy Equipment Operator - Lead Heavy Equipment Operator Industrial Waste Inspector Industrial Waste Investigator Instrumentation Electrician Laboratory Technician, Water Quality Control Line Person/Cable Splicer Line Person/Cable Splicer - Lead Mail Services Specialist Maintenance Mechanic/Maintenance Mechanic, Water Quality Control Mechanical Unit Repairer Meter Reader Meter Reader —Lead Mobile Service Technician Motor Equipment Mechanic - Lead Motor Equipment Mechanic Offset Equipment Operator - Lead Offset Equipment Operator Park Maintenance Assistant Community Services Officer Park Maintenance Person Park Crew - Lead Park Maintenance - Lead Park Ranger Parks & Open Space Assistant Police Records Specialist Refuse Disposal Attendant Senior Chemist Senior Industrial Waste Inspector Senior Industrial Waste Investigator Senior Instrumentation Technician Senior Operator, Water Quality Control Senior Mechanic, Water Quality Control Senior Park Ranger Sprinkler System Repairer Street Maintenance Assistant Storekeeper Storekeeper -Lead Street Sweeper Operator Traffic Control Maintainer - Lead Traffic Control Maintainer II Page 33 of 88 Item 6: Staff Report Pg. 37 Packet Pg. 80 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Traffic Control Maintainer I Tree Trimmer -Line Clearer Tree Maintenance Assistant Tree Trimmer -Line Clearer Assistant Tree Trimmer -Line Clearer - Lead Tree Maintenance Person Truck Driver Utilities Compliance Technician Utility Field Service Representative Utility Installer/Repairer Utility Installer/Repairer Assistant Utility Installer/Repairer— Lead Utility Locator Water Meter Cross Connection Technician Water System Operator - Lead Water System Operator Water System Operator I Water System Operator II Water Quality Control Plant Operator Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy b) Coveralls will be made available for occasional use as needed to protect clothing for the following classifications and any positions necessary or required as determined by management. Building Inspector Building Inspector Specialist Building Service Person - Lead Cable Splicer Assistant Chief Electric Underground Inspector Electrical Assistant Electrician Facilities Mechanic/Painter Heavy Equipment Operator Lineperson/Cable Splicer Park Ranger Senior Park Ranger Utility Field Service Representative Sprinkler System Repairer Utility Installer Assistant Utility Installer/Repairer Utility Installer/Repairer - Lead Page 34 of 88 Item 6: Staff Report Pg. 38 Packet Pg. 81 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy c) Employees required to wear uniforms shall be provided suitable change rooms and lockers where presently provided. d) Employee clothing seriously damaged or destroyed in conjunction with an industrial injury will be reasonably replaced by the City. Any other claims alleging City liability may be filed with the City Attorney. e) Except in the Utilities Division, the City will make available, as an alternative to the shirts currently provided under Section 1(a), six (6) cotton polo shirts. Employees in the Utilities Division will be provided with six (6) long -sleeve shirts and two polo shirts. Employees will be responsible for laundering the shirts. Damaged or otherwise unwearable shirts will be returned to the employee's supervisor and replaced by the City. f) Employees are responsible for laundering Park Ranger and Senior Park Ranger uniforms. g) The City will meet and confer with the Union regarding any mandated changes to uniforms. h) In accordance with California Code of Regulations (C.C.R.) section 571(a) the estimated value of City provided uniforms is $21.28 per pay period. Section 2 - Tool Allowance - a) Mechanics in Equipment Maintenance, Park Maintenance Lead, Motorized Equipment Mechanic and Mobile Service Technician shall be paid a tool allowance of $1000 annually upon verification of purchase by the employee. b) Parties will meet and confer to determine if additional classifications require tool allowance. Section 3 - Shoe Allowance. a) Safety Shoes. The City will pay the vendor or reimburse full-time employees up to $400 per fiscal year for the cost of job -related safety shoes upon verification of such purchase by the employee. b) Walking Shoes. The City will reimburse employees 75% of the cost of job -related walking shoes for any positions necessary or required as determined by management including Meter Reader and Meter Reader -Lead, in an amount not to exceed $300.00 per year. A walking shoe is a durable work shoe/boot (non Page 35 of 88 Item 6: Staff Report Pg. 39 Packet Pg. 82 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy steel -toed), is ankle supporting; oil, gas and slip resistant; waterproof or water resistant; lightweight and durable; and also provides hard surface cushioning. c) Additional Boot Reimbursements. Employees in the Park Ranger Classification will receive an additional $200 per year to account for the additional cost of wildland fire boots for a total Safety Shoe reimbursement of $600. Employees in the Lineperson series will receive an additional $200 per year to account for the additional cost of climbing boots for a total Safety Shoe reimbursement of $600. Section 4 — Certifications7 The parties agree to retain the current list of required certifications below. Employees who are required to maintain commercial driver's licenses shall have costs for medical examinations paid by: a) Completing an examination through their PEMHCA provider. After benefits have been paid by the PEMHCA provider, upon presentation of proper documentation, the City will reimburse any remaining costs, or b) Completing an examination at the Workforce Medical clinic or other City designated clinic. Employees may use paid leave for attendance at scheduled medical examinations. Employees shall be permitted to use up to two hours of regular City -paid time for attendance at biannual medical examinations. The scheduling of such time shall be preauthorized by the employee's supervisor. c) The City will pay special registration and/or certification fees which are required by Management. During the term of this agreement, the City and the Union may, by mutual agreement, review, add or delete classifications and/or required certifications listed below: Classification Requirement Facilities Technician Aquatics Facility Operator Certificate Building Inspector/ Buildg Inspection Specialist Certificate as stated in job description Cathodic Technician Corrosion Technician by the National Assoc. of Corrosion Engineers Engineer Professional Professional Engineer Cert. (for step E) Equip Maint Sery Pers. Forklift Operator Cert. (OSHA -approved) Page 36 of 88 Item 6: Staff Report Pg. 40 Packet Pg. 83 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Golf Course Maint Pers. Qualified Applicators' License Heavy Equipment Operator Crane Operation Certificate (Utilities and Electric) Indust. Waste Inspector Backflow Prevention Device Tester Inspector Field Services, Utilities D1 (DOH) Hired before July 1, 2012 Installer/Repairer Series D1 (DOH) Maintenance Mechanic Crane Operator Certification (Water Quality) Mech. Unit Repairer Welding Certificate Motor Equip Mechanic and Lead EMS, ASE Planner, Associate Planner AICP Senior Planner Public Safety Dispatcher POST Basic Dispatcher Public Safety Dispatcher, Lead POST Basic Dispatcher POST Supervision EMD Senior Operator, WQC Grade III Wastewater Treatment Plant Operator Certification Surveyor, PW Licensed Land Surveyor Tree Trimmer/Line Clearer Certified Tree Worker and/or Qualified Line Clearance/Tree Trimmer Cert. (OSHA -approved) Tree Trimmer/Line Clearer -Lead Certified Arborist Page 37 of 88 Item 6: Staff Report Pg. 41 Packet Pg. 84 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Utilities Install/Rep series Veterinarian Technician Water System Operator I Water System Operator II Senior, Water System Operator WQC Plant Operator I WQC Plant Operator II WQC Plant Operator Trainee Water Meter Cross - Connection Technician Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Polyethylene Fusing Cert. Gas Operator Certification (DOT) Animal Health Tech. Certification Grade DI — Water Distribution Operator Grade DII — Water Distribution Operator & Grade TII — Water Treatment Operator Grade DIII — Water Distribution Operator & Grade TIII Water Treatment Operator Grade I Wastewater Treatment Operator Certification. Grade II Wastewater Treatment Operator Certification Grade I Wastewater Treatment Operator Certification Backflow Prevention Tester Certification d) The City will pay for the Department of Motor Vehicles (DMV) licensing fees for all employees required to maintain a Commercial Driver's License in accordance with the California Vehicle Code and applicable laws prescribed by the Department of Transportation. e) Effective the first full pay period following the later of January 1 or the adoption of the MOA, and upon verification that the certification is held: Page 38 of 88 Item 6: Staff Report Pg. 42 Packet Pg. 85 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy .• I .• • Utility Project Coordinator* Backflow Tester and $4,000, WGW Utilities Field Inspector* Specialist and upon recertification Heavy Equipment Operator Electric Heavy Equip Operator Maintenance Mechanic Crane Operator (j) $3,000 Lineperson/Cable Splicer Annually Lineperson/Cable Splicer Lead Associate Engineer Assistant Engineer Associate Power Engineer Assistant Power Engineer Professional Engineer $4,000 Engineer Tech I Engineer Tech II Engineer Tech III Building Inspector Specialist Each certification Building Inspector above minimum to a $50 Monthly Senior Building Inspector max of four (4) (g) Water System Operator II $5000 Senior Water System Operator D5 Annually Park Ranger $3,000, Senior Park Ranger Emergency Medical and upon Tech (EMT) recertification Utility Installer/Repairer Utility Installer/Repairer Lead Pipeline Welding 4% Pay Premium Assignment (f) Maintenance Mechanic - Welding * When assigned to WGW Operations Page 39 of 88 Item 6: Staff Report Pg. 43 Packet Pg. 86 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Water Quality Control Operator I Water Quality Control Operator II Sr Water Quality Control Op Plant Mechanic (WQC) Electrician (WQC) Chemist Senior Chemist Water System Operator I Water System Operator II Senior Water System Operator Laboratory Technician WQC Inspector Field Services** One (1) certification above what is required in the Job Description (h) Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy 1% of Annual Salary as a lump sum **When assigned to Utilities Installer/Repairer Series f) Pipeline Welding Assignment. The City provided a 4 premium in base compensation to the Utility Installer Repairer and the Installer Repairer Lead positions in 2006 that met DOT certification requirements and are, assigned these duties. The Utility Installer -Repairer and Utility Installer - Repairer Lead positions that fail to maintain current certifications will not receive a 4% premium on their base pay. Positions assigned these duties and designated by Management to receive this premium will not exceed five (5) Utility Installer/Repairer(s) and Installer/Repairer Lead(s). If the certification is required in the job description, certification must be maintained. In accordance with their job description Maintenance Mechanics that are assigned to Water Gas Wastewater must maintain all required certifications and shall receive 4% premium to their base pay for pipeline welding. Page 40 of 88 Item 6: Staff Report Pg. 44 Packet Pg. 87 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Building Inspector Certifications: Employees in the classifications of Building Inspector, Building Inspector Specialist and Sr. Building Inspector may receive $50 per month per certification above the minimum requirement of the classification up to a maximum of 4 additional certifications (maximum $200/month or $2400 annually). Premiums will not be paid if certification is not maintained or if emolovee is not emoloved in a covered classification. • International Code Counsel (ICC) o Residential Building Inspector o Residential Mechanical o Residential Plumbing o Residential Electrical o Commercial Building Inspector o Commercial Mechanical o Commercial Electrical o Commercial Plumbing o CALGreen Building Inspector/Plans Examiner o Accessibility Inspector/Plans Examiner • Department of State Architect (DSA): Certified Access Specialist CASp • US Green Building Council LEED BD+C • or equivalent as defined by the Chief Building Official h) Water and Wastewater System Operator Certification. Employees classified in the following positions: Water Quality Control Plant Operators I and II, Senior Operator Water Quality Control, Plant Mechanics and Electricians assigned to Water Quality Control, Laboratory Technician Water Quality Control, Chemist, Senior Chemist, Water System Operators I and II, Senior Water Systems Operator, Inspector, Field Services assigned to Utilities and Installer Repairer Job Series may be eligible to receive a 1% base pay premium for certifications required by the Department of Health, California Water Environment Association and/or the State Water Resources Control Board. Employees within these job classifications that have successfully completed probationary requirements may request an annual payment of one (1) percent for one (1) certification that is above those listed in their job description. An employee who qualifies for this payment shall be paid 1% of the employee's annual base salary once per year. The employee shall be responsible for providing the City with written documentation that the employee has obtained and is maintaining the qualifying certification on an annual basis. Premiums will not be paid if Page 41 of 88 Item 6: Staff Report Pg. 45 Packet Pg. 88 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy certification is not maintained. Eligible employees should verify certification will qualify for the premium before attempting certification. The Union and the City will update the job descriptions to reflect newly required certifications with no further adjustments to base salary. Payments will not exceed a maximum of one 1% percent per year, and will take effect in the pay period following the verification of certification. All costs for obtaining certifications above what the job description requires will be the responsibility of the employee and may be paid for by using the City's tuition reimbursement program. i) In accordance with Cal -OSHA regulations any employee who operates a forklift must have Forklift Operator Certification. Training to be provided by the City. j) Crane Certification. A Heavy Equipment Operator, Electric Heavy Equipment Operator, Line Person, Line Person Lead, or Maintenance Mechanic who possesses the legally required certification for operation of any crane will receive $3,000 the first full pay period following the later of January 1 in each year, or the adoption of the MOA, and upon verification that the certification is held. an incof one percent (1%) of base rate effective upon the ratification and adoption of this MOU by the City Council, or upon attainment of the certification, whichever is later. Heavy Equipment Operator (Electric) must possess a Crane certification regardless of hire date. Any employee hired on or after July 1, 2012 may be required to obtain and possess crane certification. For any other employee hired prior to July 1, 2012 crane certification shall be desirable (not required) except under the following circumstances: a) There are insufficient employees in the classification (Heavy Equipment Operator [exclusive of Electric], Lineperson, Lineperson Lead or Maintenance Mechanic) who possess the certification to perform the work; b) The Manager has sought volunteers and no employee in the classification has volunteered to train for the certification; c) All things being equal, the manager has selected the least senior employee in the classification who is judged by the City most likely to successfully complete the training and obtain crane certification. d) The Manager will allow up to three attempts to pass the crane certification for any employee hired before July 1, 2012 who has been involuntarily assigned to acquire the crane certification. Related training and test costs shall be borne by the City. Page 42 of 88 Item 6: Staff Report Pg. 46 Packet Pg. 89 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy No employee hired before July 1, 2012 shall be disciplined or discharged for failure to acquire a Crane certification. Section 5 - Weather Protection. The City will provide rainy weather foot protection and one summer hat for the classification of Community Services Officer. ARTICLE 10 - HOLIDAYS Section 1 - Fixed Holidays.- Except as otherwise provided, employees within the representation unit shall have the following fixed holidays with pay: January 1 Third Monday in January (Martin Luther King Day) Third Monday in February Last Monday in May July 4 First Monday in September Second Monday in October Veterans' Day, November 11 Thanksgiving Day Day after Thanksgiving December 25 Winter Floater (see below) In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday. In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday. Exceptions to this provision are listed in Appendix E. Winter Floater. Employees shall be excused with pay for a full work shift on a day mutually agreed to by the employee and their supervisor during the month of December. If employees are not excused pursuant to this provision, one shift of vacation credit will be added to their vacation accrual. Day of Reflection. In addition to the paid holidays listed above, employees shall be excused with pay for one full work shift as a day of reflection (floating holiday) per calendar year. Employees may use the floating holiday on any day mutually agreed by the employee and their supervisor for a Day of Reflection, including: Juneteenth Freedom Day (June 19) or Cesar Chavez/Dolores Huerta Day (March 31). Day of Reflection not used by the end of the calendar year will be deemed forfeited and have no cash value. Page 43 of 88 Item 6: Staff Report Pg. 47 Packet Pg. 90 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Section 2 - Pay for Fixed Holidays: Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy a) All employees shall be paid a full day's pay at their regular straight time base hourly rate for all fixed holidays as defined herein. b) An employee must be in a pay status on the workday preceding the holiday to be eligible to be compensated for a holiday. This subsection does not apply to an employee who is on an unpaid medical leave of absence of less than five (5) days. Section 3 - Work on Fixed Holida Any employee required to work on a fixed holiday shall be paid time and one-half for such work in addition to his or her regular holiday pay. Work on a fixed holiday beyond the number of hours in a regular shift shall be compensated at double time and one-half. Employees who work a schedule where a regular day off falls on a holiday will accrue the holiday hours they would have normally worked on that day. If an employee has more than four (4) days of holiday time accrued the City will automatically cashout these additional hours. This does not impact the employee's ability to cashout or transfer to deferred comp holiday hours below the four (4) day threshold. Section 4 - Variations in Work Week. a) An employee whose work schedule requires that his or hcr their regular days off be other than Saturday and/or Sunday shall have an additional day off scheduled by the department in the event a fixed holiday falls during his or her regularly scheduled day off. Every attempt will be made to schedule the day on a mutually agreeable basis. If the day cannot be so scheduled, the employee shall be paid for the day at the straight time base rate. b) Fixed holidays which fall during a vacation period or when an employee is absent because of illness shall not be charged against the employee's vacation or sick leave balance. c) If conditions necessitate a departmental closure impacting employees' regular schedules, management will work with employees to provide assignments unless the employee chooses to take unpaid time off or use paid time off in the form of vacation, personal business or compensatory time. Page 44 of 88 Item 6: Staff Report Pg. 48 Packet Pg. 91 of 462 Item 6 Attachment A - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Redline copy Section 5 - Floating Days Off Employees hired on or before July 1, 2012 will be credited with 3 floating holidays to be scheduled for use by mutual agreement by employee and supervisor. In no event will FH be convertible to cash or other benefits in lieu of Floating Holidays. Effcctivcat the close of business 6/30/13 one floating holiday will be climinated July July 1, 20'12 ndcvcry Iuly thcreaftcr, er ayccs will becredited with two (2) Floating Holidays to be scheduled in the same manner as noted above Employees hired after 7/1/12 will not receive any floating holidays. Floating Holidays not used by the end of the fiscal year will be deemed forfeited. ARTICLE - VACATIONS Section 1 - Vacation Accruals Each employee shall be entitled to an annual paid vacation, accrued as follows: a) First day of continuous service through the last day of the fourth (4th) year: eighty {80 hours vacation per year. b) First day of the fifth year of continuous service through the last day of the ninth (9th) year: one -hundred and twenty 120 hours vacation per year. c) First day of the tenth (loth) year of continuous service through the last day of the fourteenth (14th) year: one -hundred and sixty 160 hours vacation per year. d) First day of the fifteenth (15th) year of continuous service through the last day of the nineteenth (19th) year: one -hundred and eighty {1801 hours vacation leave per year. e) Twenty (20) or more years: two -hundred 200 hours vacation leave per year. Vacation accrual will be prorated based on hours in paid status. Employees may accrue up to three (3) times their annual vacation accrual (e.g., an employee who accrues 80 hours per year has an accrual cap of 240 hours). In the _ _ _ , . _ , _.._ _...r to loss of accrued the vacation,City shall extend the vacation accrual limit up to one year, in which time the excess vacation must be scheduled and taken. As long as there is no interference with departmental operations, there shall be no unreasonable restriction Page 45 of 88 Item 6: Staff Report Pg. 49 Packet Pg. 92 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy ts of use. �,- shall I six (6) months' continuous e before Emp�eze�a�T using .,d vacation I. At the time of initial appointment, or to address an identified retention issue the City may credit an employee for prior experience or special expertise, including prior years of public service in a city, county, special district, state, or federal government agency, up to a maximum of five (5) years' service towards their rate of vacation accrual. The City Manager or designee shall identify the number of years for which the employee will receive credit (up to the five (5) year maximum). Section 2 - Holiday Falling During Vacation - In the event a fixed holiday as defined in Article X falls within an employee's vacation period, which would have excused the employee from work (and for which no other compensation is made), an additional hours workday for such holiday shall be added to their t#e vacation accrual leave. Section 3 - Illness During Vacation. When an employee becomes ill while on vacation and such illness can be supported by a statement from an accredited physician or the employee is hospitalized for any period, the employee shall have the period of illness charged against sick leave and not against vacation leave. Section 4 - Accrued Vacation Pay for Deceased Employees - Upon presentation of an affidavit or declaration meeting the requirements of Section 13601 of the Probate Code, a surviving spouse is entitled to prompt payment of compensation owed to the deceased employee (including final paycheck and accrued but unused vacation) up to the amount provided for in Probate Code Section 13601(e) ($18,450 in 2024). An employee who is eligible for vacation leave and who dies while in the municipal s„r„icc shall have +The value amount of any remaining accrued but unused vacation hours shall be paid to his/her their estate pursuant to state law within thirty days. This proration Payment of vacation hours will be computed at the deceased employee's his/her last basic rate of pay. Section 5 - Effect of Extended Military Leave. An employee who interrupts service because of extended military leave shall be compensated for accrued vacation at the time the leave becomes effecti,.., as provided by law, including the ability to use vacation leave accrued before deployment rather than unpaid leave during their deployment. Page 46 of 88 Item 6: Staff Report Pg. 50 Packet Pg. 93 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Section 6 - Vacation at Termination. Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination. Section 7 - Vacation Cash Out. Once each calendar year an employee may cash out eight or more hours of vacation accrual in excess of eighty {801 hours, to a maximum of one -hundred and twenty (1201 hours, provided that the employee has taken eighty 801 hours of vacation in the previous twelve 121 months. 1. To be eligible for cash out vacation, employees must pre -elect the number of vacation hours they will cash out during the following calendar year up to maximum of 120 hours, prior to the start of that calendar year. The election will apply only to vacation hours accrued in the next tax year and eligible for cash out. 2. The election to cash out vacation hours in each designated year will be irrevocable. This means that e Employees who elect to cash out vacation hours must cash out the number of accrued hours pre -designated on the election form provided by the City. 3. Employees who do not pre -designate or decline a cash out amount by the annual deadline established by the City will bc deemed to havc waived thc right to cash out any leave in the following tax year and will not be eligible to cash out vacation hours in the next tax year. 4. Employees who pre -designate cash out amounts may request a cash out at any time in the designated tax year by submitting a cash out form to Payroll. Payroll will complete the cash out upon request, provided the requested cash out amount has accrued and is consistent with the amount the employee pre -designated. If the full amount of hours designated for cash out is not available at the time of cash out request, the maximum available will be paid. 5. For employees who have not requested payment of the elected cash out amount by November 1 of each year, Payroll will automatically cash out the pre -designated amount in a paycheck issued on or after the payroll date including November 1. Page 47 of 88 Item 6: Staff Report Pg. 51 Packet Pg. 94 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 ARTICLE 12 - LEAVE PROVISIONS Section 1 - Sick Leave - Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy a) The City shall provide each employee with paid sick leave, earned on a biweekly basis, at the rate of ninety-six (96) hours per year for full time employees. Employees will accrue sick leave at a rate of three point seven (3.7) hours per pay period. Sick leave accrual will be prorated based on hours in paid status. Sick leave accrual accumulation shall be limited to 1,000 hours b) Use of Sick Leave. Sick leave shall be allowed and used in cases of actual personal sickness or disability, medical or dental treatment, or as authorized for personal business. Up to nine Jo` d -ayes sSick leave per year may be used for illness in the immediate family, including registered domestic partner, or other individuals required by law. A new employee may, if necessary, use up to forty-eight (48) hours of sick leave at any time during the first six months of employment. Any negative balances generated by such utilization will bc charged against futurc accrual or dcductcd from final paycheck in the e nt of termination c) An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long-term disability group insurance coverage and accrued sick leave benefits may, at h their option, choose either to receive the long term disability benefits or to utilize the remainder of his/her their accrued sick leave prior to applying for long-term disability benefits. d) Sick leave will not be granted for illness occurring during any leave of absence unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. e) Return to Work With Limited Duty. Upon approval of department management and the City Risk Manager, an employee may return to work for doctor -approved limited duty. Approval for return to work shall be based upon department ability to provide work consistent with medical limitations, the location of the work assignment, and the length of time of the limitations. The City doctor may be consulted in determining work limitations. f) If an employee's illness results in an absence from work for more than three (3) consecutive work days or twenty-four (24) continuous hours, whichever is greater, a doctor's certificate or other proof of illness may be required. The department head or designee may require a doctor's certificate or other proof of illness when there is reasonable cause of misuse. Page 48 of 88 Item 6: Staff Report Pg. 52 Packet Pg. 95 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy g) Leave Committee During the term of this Agreement, upon request by either party, the parties will meet with the goal of developing alternate leave models, such as "Paid Time Off" or other similar benefits. Any changes implemented during the term of this agreement must be by mutual agreement only. Section 2 - Bereavement Leave. a) Leave of absence with pay of three (3) days shall be granted an employee by the head of his or her department in the event of death in the employee's immediate family, which is defined for the purposes of this section as wife, husband, son, step -son, son-in-law, daughter, step -daughter, daughter-in-law, mother, step- mother, mother-in-law, father, step -father, father-in-law, brother, brother-in-law, step -brother, sister, step -sister, sister in- law, grandmother, grandmother -in-law, grandfather, grandfather -in-law, grandchildren, aunt, uncle, niece, nephew, registered domestic partner, or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Request for leave with pay in excess of three (3) days shall be subject to the written approval of the City Manager. Approval of additional leave will be based on the circumstances of each request with consideration given to the employee's need for additional time. b) Employees may supplement the paid bereavement leave in paragraph (a) with accrued leave (including vacation or sick leave) or unpaid leave to reach a total of five (5) workdays of time off per incident of bereavement. Section 3 - Military Leave. The provisions of the Military and Veterans' Code of the State of California shall govern the granting of military leaves of absence and the rights of employees returning from such leaves. Consistent with the Military and Veterans Code, the City of Palo Alto shall pay employees in SEIU bargaining unit their regular salary, salary differential, and all available benefits for up to thirty days per calendar year. Section 4 - Leave Without Pay. a) Disability. Leaves of absence without pay may be granted in cases of disability not covered by sick leave. Pregnancy will be considered as any other disability. Leaves of absence for disability are subject to physicians' verification including diagnosis and medical work restriction. Page 49 of 88 Item 6: Staff Report Pg. 53 Packet Pg. 96 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy b) Family Leave. Family leave will be granted in accordance with applicable state and federal law. c) Other Leaves. Leaves of absence without pay may be granted in cases of personal emergency, Union business or when such absences would not be contrary to the best interest of the City. Non -disability prenatal leave is available under this provision, but such leave shall not begin more than six months prenatal nor extend more than six months postpartum. During unpaid leaves of absence for disability or other reasons, the employee may elect and the City may require that employee to use paid leave credits in a manner consistent with state and federal law. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective. Section 5 - Jury Duty and Subpoenas - Employees required to report for jury duty or to answer subpoenas as a witness on +e behalf of the State of California or any of its agencies shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received from such duties other than mileage or subsistence allowances within thirty (30) days from the termination of jury service. When an employee returns to complete a regular shift following time served on jury duty or as a witness, such time falling within the work shift shall be considered as time worked for purposes of shift completion and overtime computation. In determining whether or not an employee shall return to his or hcr their regular shift following performance of the duties, reasonable consideration shall be given to such factors as travel time and a period of rest. When a combination of City work time and jury duty equals 14 or more hours in the 24 -hour period immediately before the employee's shift starting time, the employee will be allowed a rest period of nine hours. Any portion of the rest period falling within the employee's work shift will be considered as hours worked and compensated at the straight time rate. This provision does not apply to conditions of bona fide emergency. Bona fide emergency conditions are conditions involving real or potential loss of service or property or personal danger. Section 6 - Time Off to Vote. Time off with pay to vote in any general or direct primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code. Page 50 of 88 Item 6: Staff Report Pg. 54 Packet Pg. 97 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Section 7 - Disapproval of Leave of Absence. Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy In case of disapproval of extension, revocation or cancellation of an existing leave of absence, notice shall be sent by certified mail, return receipt requested, to the employee stating the date of such action, the reason and a specific date to return to work, which is not less than five working days from date indicated on return receipt. Section 8 - Personal Business Leave Chargeable to Sick Leave. All employees shall be granted up to thirty (30) hours personal business leave per calendar year, chargeable to sick leave. The employee need not disclose the reason for the personal business. The scheduling of such leave is subject to the approval of the appropriate level of Management, and such approval shall not unreasonably be denied. Section 9 - Return to Assignment. The department shall make every effort to ensure that employees resuming work following a leave pursuant to Sections 1- 8 shall be returned to the assignment, shift, and/or work location held immediately prior to the leave. If the employee cannot be so assigned, he or she shall, upon request, be granted a meeting with department management to discuss the reasons for the change. Upon request, the employee shall be afforded Union representation at such a meeting. ARTICLE 13 - WORKERS' COMPENSATION INSURANCE Section 1 - Industrial Temoorary Disabili a) While temporarily disabled, employees shall be entitled to use accrued sick leave for the first three (3) days following the date of injury and thereafter shall be paid full base salary for a period of not to exceed fifty-seven (57) calendar days, unless hospitalized, in which case employees shall be paid full base salary for a period not to exceed sixty (60) days from date of injury. b) For any temporary disability continuing beyond the time limits set forth in (a) above, employees shall be paid two-thirds (66 2/3%) of their full base salary at the time of injury for the duration of such temporary disability in conformance with the State law. c) During the period of temporary disability, an employee's eligibility for health, dental, life, LTD, or other insured program will continue with City contributions at the same rate as for active employees. In case of Subsection (a) above, the employee will continue to accrue vacation and sick leave benefits. In the case of Subsection (b), sick leave and vacation benefits shall not be accrued. Page 51 of 88 Item 6: Staff Report Pg. 55 Packet Pg. 98 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Section 2 - Vocational Rehabilitation Benefits for Permanently Disabled Employees - Vocational Rehabilitation will be made available to employees who have suffered permanent disability as a result of an injury or illness sustained in the course and scope of employment before 1/1/04. For injuries on or after 1/1/04 qualified employees are entitled to supplemental job displacement vouchers in accordance with the California Labor Code, Division 1, Department of Industrial Relations and Division 4, Workers' Compensation and Insurance, the Americans with Disabilities Act (ADA), and the City of Palo Alto's Workers' Compensation Program. ARTICLE 14 - BENEFIT PROGRAMS Section 1- Health Plan. a) Active Employees During the term of this contract, the maximum City contribution towards medical premiums for eligible full time employees per employee category shall be up to a maximum of the following for any plan: Effective January 1, 2025 2023: • Employee only: $943 9O6 • Employee plus one: $1885 -1,8-12 • Employee Family: $2,444 2,z 35n0 Effective the first full pay period following City Council adoption, and in lieu of an increase to the City contribution towards medical premiums, each represented classification will have their base pay increased by one -thousand, eight hundred dollars ($1800) per year ($150 per month). Effective the first full pay period including January 1, 2026, and in lieu of an increase to the City contribution towards medical premiums, each represented classification will have their base pay increased by an additional six hundred dollars ($600) per year (for a total of $2400 per year or $200 per month). Effective January 1, 2027, in addition to the $2400 of annual flexible compensation, the City will increase its maximum contribution to medical premiums by the following percentages: • Employee only: increase City contribution by two percent (2.0%) to $962 per mnnth Page 52 of 88 Item 6: Staff Report Pg. 56 Packet Pg. 99 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy • Employee plus one: increase City contribution by three percent (3.0%) to $1,942 per month. • Employee family: increase City contribution by five percent (5.0%) to $2,566 per month. . The City's total maximum contribution towards medical premiums for eligible part time employees shall be prorated based on the number of hours per week the part-time employee is assigned to work. PEMHCA minimum changes per statutory determination and has historically been increased by $3 dollars each year. Any increases to the PEMHCA minimum during the term of this contract will result in a corresponding decrease to the amount of the additional City contribution, so that the total maximum City contribution never exceeds the amount listed in the Maximum City Contribution described above. b) Health Plan Coverage for Future Retirees Hired Before January 1, 2005. Monthly City -paid premium contributions for a retiree -selected health plan through the CaIPERS Health Benefits Program will be made as provided under the Public Employees' Medical and Hospital Care Act. Effective 1/1/07 the City's monthly employer contribution for each retiree and their eligible family members, as defined by the CaIPERS Health Benefits Program, shall be the amount necessary to pay for the cost of his or her enrollment, in a health benefits plan up to the monthly premium for the 2nd most expensive plan offered to the SEIU employee (among the existing array of plans). However, the City contribution for an employee hired before January 1, 2005 who retires on or after April 1, 2011 the City contribution for the retiree and their eligible family members, as defined by the CaIPERS Health Benefits Program, shall be the same contribution amount it makes from time to time for active City employees. The City provided active unit employees who were hired before January 1, 2005 with a one-time opportunity to opt -in to retiree health benefits provided under California Government Code section 22893. Eligible employees who wish to exercise this option shall inform the People, Strategy, and Operations department of their election in writing no later than 90 days following the ratification and adoption of this Agreement. c) PERS — Health Benefit Vesting For Future Retirees Effective January 1, 2005 or any existing employee who opts into this vesting schedule. Page 53 of 88 Item 6: Staff Report Pg. 57 Packet Pg. 100 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy The CaIPERS vesting schedule set forth in Government Code section 22893 will apply to all SEIU employees hired on or after January 1, 2005 or any existing employees who opt into this vesting schedule. Under this law, an employee is eligible for 50% of the specified employer health premium contribution after ten years of service credit, provided at least five of those years were performed at the City of Palo Alto. After ten years of service credit, each additional year of service credit will increase the employer contribution percentage by 5% until, at 20 years' service credit, the employee will be eligible upon retirement for 100% of the specified employer contribution. However, the maximum contribution for eligible family members, as defined by the CaIPERS Health Benefits Program, will be 90% of the specified employer contribution. The City of Palo Alto's health premium contribution will be the minimum contribution set by CaIPERS under section 22893 based on a weighted average of available health plan premiums. d) Retiree Health Committee During the term of this agreement the parties will maintain a Retiree Health Committee. The Union shall appoint two (2) Union members (and one Union staff person) to serve on this committee who shall receive reasonable release time to attend Retiree Health Committee meetings. Changes to this section during the term of this Agreement will be by mutual agreement only. The parties agree that Retiree Health Committee meetings may be attended by representatives of other City labor groups. e) Coverage for Domestic Partners. Domestic Partnership Registered with the California Secretary of State. Employees may add their domestic partner as a dependent to their elected health plan coverage if the domestic partnership is registered with the Secretary of State. Domestic Partnership Not Registered with the California Secretary of State. Domestic partners who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources Department, will be eligible for a stipend of two hundred and eighty four dollars ($284.00) per month toward the cost of an individual health plan. Evidence of premium payment will be required with request for reimbursement. f) Alternative Medical Benefit Program. If a regular employee and/or the employee's dependent(s) are eligible for and elect to receive medical insurance through any other non -City of Palo Alto employer - sponsored or association -sponsored group medical plan, the employee may choose to waive his/her right to the City of Palo Alto's medical plan insurance and receive cash payments in the amount of two hundred eighty-four dollars ($284) for each month City coverage is waived. Page 54 of 88 Item 6: Staff Report Pg. 58 Packet Pg. 101 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Examples of waivers eligible for this payment are: Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy • Employee waives all applicable City medical coverage; or • Employee is eligible to enroll his or her spouse or domestic partner and waives medical coverage for the spouse or domestic partner; or • Employee has additional eligible dependents and waives family -level medical coverage. Participation must result in a health insurance cost savings to the City and payments per employee shall not exceed a total of two hundred eighty four dollars ($284.00) per month. To participate in the program the employee and dependents must be eligible for coverage under PEMHCA medical plans, complete a waiver of medical coverage form, and provide proof of eligible alternative medical coverage. Payments will be made in the employee's paycheck beginning the first month following the employee's completion of the waiver form. Payments are subject to state and federal taxes and are not considered earnings under PERS law. Employees are responsible for notifying the City of any change in status affecting eligibility for this program (for example, life changes affecting dependent's eligibility for medical coverage through the employee) and will be responsible for repayment of amounts paid by the City contrary to the terms of this program due to the employee's failure to notify the City of a change in status. If the State of California or federal government requires the City to participate and contribute toward coverage under any medical plan outside of PEMHCA including but not limited to the Affordable Care Act, the City's total liability for enrolled employees and retirees and their eligible family members shall not exceed what the City would have paid toward PEMHCA coverage in the absence of such state or federal plan. The parties will meet and confer over the impact of such change on matters within the scope of representation before implementing any change. Section 2 - Dental Plan. a) The City shall continue to provide a self -funded dental program for the benefit of City employees and their eligible dependents. The City shall pay 100% of the required premiums for the program, except that benefits for regular part-time employees will be prorated as follows: Employees hired after January 1, 2005, who will work less than full time, will receive prorated premium costs for dental benefits in accordance with his/her percentage of a full-time work schedule. Part-time employees currently receiving full benefits will not be impacted. Page 55 of 88 Item 6: Staff Report Pg. 59 Packet Pg. 102 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 b) The City's Dental Plan provides the following: • Maximum Benefits per Calendar Year $2,000 per person. Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy c) Effective July 1, 2001, dental implants in conjunction with one or more missing natural teeth, and removal of implants will be covered as a Major Dental Service at 50% usual, customary and reasonable (UCR). d) Effective 1/1/07 the City will add composite (tooth colored) fillings in dental plan posterior teeth. e) Effective 1/1/07 the City will pay up to $2000.00 for Orthodontia coverage. Section 3 - Vision Care: The City shall continue to provide a self -funded vision care program for the benefit of City employees and their dependents. The City shall pay 100% of the required premiums for the program. The benefits of the vision care program shall continue to be equivalent to $20 Deductible Plan A under the Vision Service Plan. Vision benefits for regular part-time employees hired or assigned to a part-time schedule will be prorated in accordance with his/her percentage of a full- time work schedule. Section 4 - Life Insurance. The City agrees to continue the Basic and Supplemental life insurance plan as currently in effect for the term of this Memorandum of Agreement. Section 5 — Long Term Disability Insurance - Employees shall be enrolled in Option 1 (Default) for long term disability insurance and may elect to enroll in Option 2 (Buy -up). • Option 1 (Default): This benefit provides 60% of pre -disability earnings up to a maximum benefit level of $4000 per month. Coverage is subject to payroll deduction of the required insurance premium. Employees pay 50% of the required insurance premium and the City will pay the remaining 50% of the required insurance premium. • Option 2 (Buy -up): This benefit provides 66 and 2/3% of pre -disability earnings up to a maximum benefit level of $7000 per month. Coverage is subject to a payroll deduction of the insurance premium. The City will contribute an amount equal to 50% of the premium for Option 1, employees will pay the remainder of the required aremiums. Page 56 of 88 Item 6: Staff Report Pg. 60 Packet Pg. 103 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy :7TiRi�ld:E11l1:i--9T7�:T'ZJ�l:�l�lls7:4i II UT urm iii Section 6 - Effective Date of Coverage for New Employees - For newly -hired regular employees, elected coverage will begin on the first day of the month following date of hire. Section 7 - Dual Coverage - When a City employee is married to another City employee each shall be covered only once (as an individual or as a spouse of the other City employee, but not both) and dependent children, if any, shall be covered by only one spouse. Section 8 - Deferred Compensation. The City shall continue to make available a Section 457 Deferred Compensation Plan to SEIU employees and will insure reasonable access to Deferred Compensation representatives for all interested employees. Section 9 — Dependent Care Assistance Program and Medical Flexible Spending Arrni i ntc- The City shall continue to provide a Dependent Care Assistance Program (DCAP) and Medical Flexible Spending Accounts (FSA) for employees that comply with Section 125 of the Internal Revenue Code. Calendar year limits are set by the IRS. All matters related to the FSA shall be excluded from the grievance requirements of this MOA (per side letter agreed to in 2011). a) Dependent Care Assistance Program: Can be used to pay for qualified day care (or dependent care) expenses with pre-tax dollars. b) Medical FSA: Provides reimbursement for excess medical/dental/vision, or expenses that are incurred by employees and their dependents which are not covered or reimbursed by any other source, including existing City -sponsored plans. The City will Page 57 of 88 Item 6: Staff Report Pg. 61 Packet Pg. 104 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy deduct the annual administrative fee through a payroll deduction (currently $4 as of 2015) or if the employee has unused FSA dollars from the prior calendar year, the City will apply those dollars to cover the administrative fee. Employecs by thc City to a) assigncd attcnd meetings, workshops, thcir profcssional or tcchnical associations shall havc their or convcntions of dues and reasonable expenses by departmental funds and shall be allowed to attend such workshops, paid • ARTICLE 15 — RETIREMENT Section 1- PERS Continuation a) Pension Group A: 2.7% @ 55. The City will continue the present benefits under the Public Employees' Retirement System 2.7% at 55 for employees hired before July 17, 2010. The Parties acknowledge that employees under this formula hired before July 17, 2010 are subject to a final compensation calculation, for pension determination purposes, based on their single highest year of compensation earnable as provided by Government Code Section 20042. b) Pension Group B: 2.0% @ 60 — (Single Highest Year). For employees hired on or after July 17, 2010 and before January 1, 2013, and employees hired on or after January 1, 2013 who are not "new members" of CaIPERS as defined in the Public Employees' Pension Reform Act (often referred to as "Classic" CaIPERS members), but before the adoption of the modified 2% at 60 formula described below, whichever is later, the City will continue to provide the 2% at 60 retirement formula ("2% at 60"). The Parties acknowledge that employees under the existing 2% at 60 pension formula are subject to a final compensation calculation, for pension determination purposes, based on their single highest year of compensation earnable as provided by Government Code section 20042. c) Pension Group C: 2.0% @ 60 — (3 Highest Years). The City shall further amend its contract with CaIPERS to provide miscellaneous "Classic" CaIPERS members hired on or after August 1, 2013 with the CaIPERS retirement formula two percent (2.0%) of final compensation at age sixty (60) with a final compensation calculation, for pension Page 58 of 88 Item 6: Staff Report Pg. 62 Packet Pg. 105 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy determination purposes, based on the employee's three consecutive highest years of compensation earnable, as provided by Government Code section 20037. The City may delay the adoption or implementation of the foregoing amendment to the extent it deems such delay necessary to accommodate legal and administrative requirements. In such event, employees hired between and including August 1, 2013 and the day before the amendment's implementation date will be placed in the 2% of final compensation at age 60 formula with single highest year earnable compensation as described above. d) Pension Group D: 2% @ 62. Employees hired on or after January 1, 2013 meeting the definition of "new member" under the Public Employees' Pension Reform Act (Gov't. Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but not limited to the two percent at age 62 (2%@62) retirement formula with a three year final compensation period. Section 2 - Employee Share. Effective with the first pay period including July 1, 2012 employees in Pension Groups A, B and C described in Section 1 above shall pay 8% if enrolled in the 2.7%@55 benefit or 7% if enrolled in the 2%@60 benefit. Employees in Pension Group D shall pay the employee contribution required by the Public Employees' Pension Reform Act, calculated at fifty percent (50%) of the normal cost. Section 3. Employer Share. Effective the first full pay period following December 1st, 2017, employees (Groups A -D) shall pay one percent (1.0%) of their salary toward the employer cost of retirement (in addition to the employee share) in accordance with Section 20516 of the California Government Code. Effective the first full pay period including December 1, 2020, employees in this unit (Groups A -D) shall pay an additional 1% of their salary toward the employer cost of retirement for a total of 2% (in addition to the employee share) contribution toward the employer share. This will result in SEIU employees in Groups A -D paying a total of two (2) percent of the employer share (in addition to the employee share) effective the first full pay period including December 1st, 2020. Page 59 of 88 Item 6: Staff Report Pg. 63 Packet Pg. 106 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 ARTICLE 16 - COMMUTE INCENTIVES AND PARKING Section 1 - Commute Incentive Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy It is the City's interest to reduce single occupancy vehicle trips to the extent possible in order to address current traffic and environmental challenges. During the term of this agreement, the parties shall meet and confer on changes to the City's commute incentive and parking program adopted by the City Council. Eligible employees may voluntarily elect one of the following commute incentives: a. Civic Center Parking. Employees assigned to Civic Center and adjacent work locations. The City will provide a Civic Center Garage parking permit. New employees hired after April 30, 1994 may initially receive a parking permit for another downtown lot, subject to the availability of space at the Civic Center Garage. b. Carpool. The City will provide $30 per month (taxable income) to each eligible employee in a carpool for 60% or more of their scheduled work days per month with two or more people. c. Bicycle. The City will provide $20 per month to eligible employees who ride a bicycle to work. This payment is available through the CCD web site in the form of a special Commuter Check (tax free) for bike equipment, gear or repairs. This benefit cannot be combined with other commute benefits. d. Walk. The City will provide $20 per month (taxable income) to eligible employees who walk to work 60% or more of their scheduled work days. e. Transit or vanpool users: Tax-free incentives up to the IRS limit (currently $255/month) are available through the Commuter Check Direct (CCD) web site for employees using Bay Area public transportation or riding in a registered vanpool at least 60% of their scheduled work days. f. Go Pass. The Go Pass program will offer civic center and other downtown - based employees a Caltrans Go Pass that allows unlimited rides on Caltrain in all zones seven days per week. g. The City and Union agree to meet in Labor Management Committee to assess and improve the application of the telecommuting policy and option for employees. Page 60 of 88 Item 6: Staff Report Pg. 64 Packet Pg. 107 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy The deadline for registering with CCD and placing an online order is 8:59 p.m. on the 7th of each month, for the next month's benefit. For example, employees wishing to order a transit pass by June must place their online orders with CCD by May 7th. Section 2 — Parking Lot Security — Municipal Service Center. The City will provide fenced and locked parking facilities for Municipal Service Center employees. Procedures will be established for entering and leaving the parking facilities. Section 3 — Bicycle Lockers and Motorcycle Parking The City will provide bicycle lockers and motorcycle parking areas for City employees at mutually agreeable work locations. ARTICLE 17 - PHYSICAL EXAMINATIONS If any non -probationary employee who is required to have a City -provided physical examination not related to workers' compensation programs disagrees with the findings of the City -sponsored physician, he/she they may consult with his/her their own physician and, if his/her their private physician's report conflicts with that of the City physician in terms of ability to work at hh"� their regular job, then hie they may request an evaluation of his/her their problem through a third physician mutually agreed upon by the employee and the City. Cost for such examination will be equally shared and the decision of this physician concerning the continuing ability of the employee to perform his/her their work in his/her their regular job without exposing himself/herself themselves to further injury as a result of his/her their condition shall be the basis for returning the employee to his/her their regular work. ARTICLE 18 — SAFETY Section 1- Health and Safety Provisions - The City shall furnish and use safety devices and safeguards and shall adopt use practices, means, methods, operations and processes which are reasonably adequate to render such employment and place of employment safe, in conformance with applicable safety regulations under the State Labor and Administrative Code sections. The City shall not require or permit any employee to go to or be in any employment or place of employment which is not safe. Section 2 - Union Cooperation. Page 61 of 88 Item 6: Staff Report Pg. 65 Packet Pg. 108 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Union will cooperate with the City by encouraging all employees to perform their work in a safe manner. Section 3 - Safety Committees and Disputes. Safety committees composed of Management and Union stewards in the below listed organizations will meet no less than six (6) times annually to discuss safety practices, methods of reducing hazards, and to conduct safety training. This shall in no way remove the basic responsibility of safety from Management nor shall it in any way alter the responsibility of the employee to report unsafe conditions directly and immediately to his or her supervisor. Community Services Public Works Water -Gas -Wastewater Field Operations Electric Field Operations Water Quality Control a) A ten -member Citywide Union/Management safety committee with equal Union and Management membership will meet upon call to review safety and occupational health standards and practices, discuss overall City safety and health problems, and to act as an advisory group to the departmental safety committees. The committee shall review all departmental safety programs and recommend change where necessary. b) In cases of dispute over safe working conditions the employee will first report such unsafe conditions to their supervisor and every attempt will be made to rectify the problem at this level. The employee may contact his/h£r their steward to assist in the resolution of the dispute. If the problem cannot be resolved the Risk Manager will be contacted and the problem will be addressed through the interpretation of the basic safety rules and regulations. Should the problem not be resolved at this step, the grievance procedure will be utilized. Safety grievances shall be submitted at Step 3. c) The City will continue employee workplace evaluations in compliance with CalOsha, Title 8, section 5110. Page 62 of 88 Item 6: Staff Report Pg. 66 Packet Pg. 109 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 ARTICLE 19 - GRIEVANCE and APPEAL PROCEDURE Section 1- General Provisions - Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy The City and the Union recognize that early settlement of grievance or appeal of disciplinary actions is essential to sound employee -employer relations. The parties seek to establish a mutually satisfactory method for the settlement of employee grievances, or appeal of disciplinary action, or Union grievances as provided for below. In presenting a grievance or appeal of disciplinary action, the aggrieved and/or his or --her their representative is assured freedom from restraint, interference, coercion, discrimination, or reprisal. Release time for investigation and processing a grievance or appeal of disciplinary action is designated in Article IV of this Memorandum of Agreement (MOA). Section 2 — Definitions - a) Grievance means an unresolved complaint or dispute regarding the application or interpretation of rules, regulations, policies, procedures, this MOA, Memorandum of Agreement or City ordinances of resolution, relating to terms or conditions of employment, wages or fringe benefits, excluding however those provisions of this MOA which specifically provide that the decision of any City official shall be final, the interpretation or application of those provisions not being subject to the grievance or appeal of disciplinary action procedure. b) Appeal of a disciplinary action means an appeal of any kind of disciplinary action against an employee covered by this Memorandum of Agreement. Discipline is defined as suspensions without pay, reductions in pay, demotion, or discharge. Reprimands, transfers, reassignments, layoffs, and negative comments in performance evaluations are not wed discipline. Section 3 - Conduct of Grievance Procedure or Appeal of Disciplinary Action Procedure - a) An aggrieved employee may be represented by the Union or may represent himsclf/hcrsclf themselves in preparing and presenting a grievance or appeal of disciplinary action at any level of review, except arbitration. Grievances or appeal e# disciplinary action may also be presented by a group of employees. No grievance or appeal of disciplinary action settlement may be made in violation of an existing merit rule or memorandum of agreement. The Union will be notified prior to the implementation of any settlement made which affects the rights or conditions of other employees represented by the Union. The Union and the Steward will be copied on all written representation unit grievance or appeal of disciplinary action decisions. Page 63 of 88 Item 6: Staff Report Pg. 67 Packet Pg. 110 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy b) An employee and the representative steward, if any, may use a reasonable amount of work time so long as there is no disruption of work, in conferring about and presenting a grievance or appeal of disciplinary action. Requests for release time to prepare grievance or appeal of disciplinary action shall be made in accordance with the provisions of Article 4 +V, Section 3. c) Beginning with the third step of the grievance or appeal of disciplinary action procedure, the Chief Steward or Alternate Chief Steward may assist in presenting a grievance or appeal of disciplinary action and may be present at all Step 314-17 and 41-V grievance or appeal of disciplinary action hearings. d) The time limits specified in this Article may be extended by mutual agreement in writing of the aggrieved employee or the Union and the reviewer concerned. e) Should a decision not be rendered within a stipulated time limit, the grievant may immediately appeal to the next step. f) The grievance or appeal of disciplinary action maybe considered settled if the decision of any step is not appealed within the specified time limit. g) If appropriate, the aggrieved employee(s) or the Union and the department head may mutually agree, in writing, to waive Step 1 t and/or Step 2 t4 of the grievance or appeal of disciplinary action procedure. h) Grievances or appeal of disciplinary action shall be made in writing and submitted on forms provided by the City or on forms which are mutually agreeable to the City and the Union. The written grievance or appeal of disciplinary action shall contain clear, factual and concise language, including: (1) the name of the grievant; (2) a statement of the facts upon which the grievance or appeal of disciplinary action is based, including relevant dates, times and places; (3) specific provisions of this Agreement or specific City rules, policies, or procedures which the grievance or appeal of disciplinary action alleges has been violated; (4) a summary of any steps taken toward resolution; and (5) the action the grievant believes will resolve the grievance or appeal of disciplinary action. i) Any retroactivity on monetary grievances or appeal of disciplinary action shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three months before the grievance or appeal of disciplinary action was filed in writing. j) If the grievance is filed by more than one employee in the bargaining unit, the Union may, at its option, convert it to a Union grievance after Step 2 t4 of the grievance Page 64 of 88 Item 6: Staff Report Pg. 68 Packet Pg. 111 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy procedure. The Union may also file a grievance in those instances when, under this Memorandum of Agreement, a Union right not directly related to an individual employee becomes the subject of dispute. Union grievances shall comply with all of the foregoing provisions and procedures. k) For purposes of time limits, "working days" are considered to be Monday through Friday, exclusive of City holidays. I) If a mutually agreed solution is reached during any step of this grievance or appeal of disciplinary action procedure, the agreement shall be placed in writing and signed by the City and the grievant or union. m) Upon request of either party, meetings to discuss the grievance or appeal of disciplinary action shall be held at any step in the grievance or appeal of disciplinary action procedure. n) The Parties may mutually agree in writing to an alternate method(s) of delivery for any communication for any notices required pursuant to Article 19 XIX, Grievance Procedure, of a grievance or appeal of disciplinary action. Such agreement shall list the designated representative(s) for each party and the appropriate contact information for each Party, and describe the agreed -upon method(s) of communication. All designated representatives shall be copied on any communications. On all transmissions that are intended to conform to a time limit, the sender shall retain proof that the transmission was sent within that limit (for example, confirmation of electronic mail transmission or record of successful fax transmission) in the sender's file for production if a dispute arises over existence or timing of the transmission. Either Party may designate new representatives or terminate an alternate delivery agreement under this section by providing written notice, which shall be effective immediately, to the other. Section 4 - Grievance and Appeal Procedure. Step 1 1. Informal Discussion. Within fifteen (15) working days after the incident or discovery of the incident on which the grievance or appeal of disciplinary action is based the aggrieved employee shall present the grievance action to his or hcr their immediate supervisor and attempt to resolve the grievance through informal discussions. Every attempt will be made to settle the issue at this level. Step 211. If the grievance is not resolved through the informal discussion in Step 1 or the employee wishes to appeal disciplinary action taken against der them in the case of a grievance, the employee will reduce the grievance or appeal of disciplinary action to writing and submit copies to the Department head or his or hcr their designee within Page 65 of 88 Item 6: Staff Report Pg. 69 Packet Pg. 112 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy fifteen (15) working days of the discussion with the immediate supervisor or within fifteen (15) working days from the receipt of a final disciplinary action. The Department Head or designee shall have fifteen (15) working days from the receipt of a written grievance or appeal of disciplinary action to review the matter and prepare a written statement. Step 3 M. If the grievance or appeal of disciplinary action is not resolved and/or the aggrieved employee is not satisfied with the Step 2 if decision, the grievant or disciplined employee may appeal to the Human Resource Director or his or hcr their designee in writing within fifteen (15) working days of the receipt of the Department Head's response. The written appeal to the Human Resources level shall include a copy of the original grievance or appeal of disciplinary action, the Department Head's decision at Step 2 14, and a clear statement of the reasons for appeal. Within fifteen (15) working days, after receiving the written appeal, the Human Resource Director shall review the matter and prepare a written statement. If a mutually agreed solution is reached during this process the agreement shall be placed in writing and signed. Step 4 IV. If the grievance or appeal of disciplinary action is not resolved at Step 3 414, the union may appeal aggricvcd ployee may choose between final and binding rcsolution of the grievance or appeal of disciplinary action the City Manager or through appeal to final and binding arbitration. For the term of thus Memorandum of Agreement, aAppeals to final and binding arbitration may be processed only with Union approval. All Step 4 I appeals must be filed in writing at the Human Resources Department within fifteen (15) working days of receipt of the Human Resource Director's decision at Step 3. If the final binding by the City Manager, the gricvant or appellant elects and resolution City Manager the he to will choose methods or she considers the disciplinary The appropriate review and City Manager settle grievance or appeal of action. decision to directly involved fifteen shall render a (15) days written all parties within receiving the g nt/appcllant's appeal. working after If the Union grievant/appcllant elects final and binding arbitration in accordance with this provision, the parties shall mutually select an arbitrator within 90 sixty (60) days from the date of receipt of the written request for appeal. In the event the parties cannot agree on an arbitrator, they shall mutually request a panel of five arbitrators from the California State Conciliation Service or from the American Arbitration Association if either party objects to the State Conciliation Service, and select an arbitrator by the alternate strike method. The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of this Memorandum of Agreement and such Merit System Rules, regulations, policies, procedures, City ordinances, resolutions relating to Page 66 of 88 Item 6: Staff Report Pg. 70 Packet Pg. 113 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy terms or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances or appeal of disciplinary action appealed to the arbitrator. The arbitrator shall be without power to make any decision contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum of Agreement. The arbitrator shall be without authority to require the City to delegate or relinquish any powers which by State law or City Charter the City cannot delegate or relinquish. Where either party seeks arbitration of a grievance and the other party claims the matter is not subject to the arbitration provisions of this Memorandum of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards and criteria set forth herein in Articic XX and without regard to the merits of the grievance or appeal of disciplinary action. If the issue is held to be arbitrable, the arbitration proceedings will be recessed for up to five 10 working days during which the parties shall attempt to resolve the grievance. If no resolution is reached, the arbitrator will resume the hearing and hear and resolve the issue on the merits. Copies of the arbitrator's decision shall be submitted to the City, the aggrieved employee and the Union. All direct costs emanating from the arbitration procedure shall be shared equally by the City and the aggricvcd ^ ploy^^ or the Union. ARTICLE 20 - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION The City has the right to discipline, demote, or discharge employees for cause. Non - probationary employees whose work or conduct is unsatisfactory but not sufficiently deficient to warrant discipline, demotion, or discharge will be given a written notification of unsatisfactory work or conduct and an opportunity to improve. Failure to correct deficiencies and improve to meet standards may result in discipline, demotion, or discharge. Discipline is defined as suspensions without pay, reduction in pay, demotion, or discharge. Coaching, mentoring, verbal counseling, written counseling, reprimands, transfers, reassignments, layoffs, and negative comments in performance evaluations are not discipline and shall not be subject to the requirements of this Article. Section 1- Preliminary Notice of Discipline - Prior to imposing disciplinary action, a supervisor shall provide an employee with preliminary written notice of the proposed disciplinary action. The notice of proposed disciplinary action must be in writing and served on the employee in person or by registered mail or Fed -Ex. The notice of disciplinary action shall include: a) Statement of the violations upon which the disciplinary action is based; b) Intended effective date of the action; c) Statement of the cause thereof; Page 67 of 88 Item 6: Staff Report Pg. 71 Packet Pg. 114 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy d) Statement in ordinary and concise language of the act or the omissions upon which the causes are based; e) Copies of any documents or other written materials upon which the disciplinary action was fully or in part based. f) Statement advising the employee of his/her right to appeal from such action, and the right to union representation and a statement that in order to exercise your rights to union representation the employee may contact their SEIU representative or their steward. g) The date and location of the Skelly meeting and the name of the Skelly Officer Section 2 - Skelly Meeti The employee shall have the right to respond informally to the charges either verbally or in writing before the discipline is imposed. The employee shall have fifteen (15) working days from receipt of the notice to request this pre -disciplinary administrative review. The employee may request a reasonable extension of the time to respond for justifiable reasons. The Skelly meeting to listen to the verbal responses shall be scheduled with a City representative who is not the manager recommending the discipline (the "Skelly Officer"). The Skelly Officer shall render a final written decision (the "post -Skelly decision") within fifteen (15) working days of receiving the employee's response, if any, and shall deliver the post -Skelly decision to the employee by personal delivery or registered mail. The Skelly Officer may sustain, modify, or overturn the recommended disciplinary action. If the Skelly Officer sustains or modifies the disciplinary action, the action may be imposed after the post -Skelly decision is delivered to the employee. Section 3 — Appear Appeals of disciplinary action should be processed through the procedures outlined in Steps 2-4 of the grievance appeal of disciplinary action procedure (Article 19 XIX, Section 4.) ARTICLE 21- NO ABROGATION OF RIGHTS The parties acknowledge that Management rights as indicated in Section 1207D of the Merit System Rules and Regulations and all applicable State laws are neither abrogated nor made subject to negotiation by adoption of this MOA. Page 68 of 88 Item 6: Staff Report Pg. 72 Packet Pg. 115 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 ARTICLE 22 - OUTSIDE EMPLOYMENT Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy The provisions of City of Palo Alto Policy and Procedure 2-05: Outside Employment and Article 4.7 of the Government Code of the State of California (Gov't, Code § 1125 — 1129) will govern the determination of incompatible outside employment. ARTICLE 23 — WORK STOPPAGE AND LOCKOUTS The City agrees that it will not lock out employees, and the Union agrees that it will not engage in any concerted work stoppage or slowdown during the term of this MOA. An employee shall not have the right to recognize the picket line of a labor organization when performing duties of an emergency nature. ARTICLE 24 - PROVISIONS OF THE LAW Section 1- Conformity and Seaarability of Provisions - This Memorandum of Agreement is subject to all current and future applicable Federal and State laws and Federal and State regulations and the Charter of the City of Palo Alto and the Constitution of the State of California. Should any of the provisions herein contained be rendered or declared invalid by reason of any existing State or Federal legislation, such invalidation of such part or portion of this Memorandum of Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable. Section 2 - Merit Rules and Regulations. This Memorandum of Agreement shall become a part of the City of Palo Alto Merit Rules and Regulations applying to employees assigned to classifications in the SEIU unit. As applied to employees assigned to the SEIU unit, this Memorandum of Agreement shall prevail over any conflicting Merit Rules and Regulations. Section 3 - Resolution. The City and the Union agree by signing this Memorandum of Agreement that the wages, hours, rights and working conditions contained herein shall be continued in full force during the term of this Memorandum of Agreement except as otherwise provided for in the Memorandum of Agreement and shall be binding on both the City and the Union upon ratification by the Council of the City of Palo Alto and upon ratification by Union membership. Page 69 of 88 Item 6: Staff Report Pg. 73 Packet Pg. 116 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy ARTICLE 25 — PROFESSIONAL DEVELOPMENT TUITION REIMBURSEMENT The City shall fund a Tuition and Student Loan Reimbursement Program for use by employees in the unit. This program will provide reimbursement to eligible SEIU members for successful completion of undergraduate, graduate level courses, collegiate level certification courses or any other pre -approved training related to employment opportunities with the City. The City will fund up to $100,000 for each fiscal year of the term of this MOA. The maximum reimbursement will be eee two thousand five hundred dollars ($2,500 3389) total per employee for each fiscal year of this MOA. Monies expended on this program will be subject to appropriate IRS regulations. Requests for reimbursement are on a first come first serve basis and must be submitted within thirty (30) calendar days of the end of the fiscal year to be allocated to the fiscal year. Section 1— Tuition Reimbursement The Tuition Reimbursement will be provided if the following conditions are met: a. Courses, classes or trainings must be pre -approved as job related by the division head or designee prior to the start date. Employees may appeal a denial to the Human Resources Director or designee within 5 working days of receipt of denial, whose decision shall be final. b. Eligible expenses include required textbooks, tuition, fees, lab fees and equipment, but will not include parking fees or health fees related to enrollment. c. Employees must attain a final grade of "C" or better for both undergraduate and graduate work. Courses providing a "pass/fail" must achieve a "pass" to qualify for reimbursement. Ungraded courses, classes or trainings will be reimbursed based on proof of successful completion. d. Requests for reimbursement shall be submitted in accordance with the procedures developed by the City. A request for reimbursement will not be considered submitted until it includes the relevant receipts and proof that the necessary grade or successful completion was earned. e. Courses must be taken on the employee's off duty hours, unless prior approval is received from the employee's supervisor. Section 2 — Student Loan Reimbursement Student Loan Reimbursement conditions: a. Employees must have an active student loan in good standing. Page 70 of 88 Item 6: Staff Report Pg. 74 Packet Pg. 117 of 462 Item 6 Attachment A - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027-1 the City of Palo Alto - Redline copy b. Employees must successfully complete the secondary education with which the student loan was incurred, and must provide proof of successful graduation or completion. c. Requests for reimbursement shall be submitted in accordance with the procedures developed by the City. A request for reimbursement will not be considered submitted until it includes proof of payment towards the employee's student loan within the eligible fiscal year. Section 3 — Training Programs a) Employees assigned by the City to attend meetings, workshops, or conventions of their professional or technical associations shall have their dues and reasonable expenses paid by departmental funds and shall be allowed to attend such workshops, meetings, and conventions on paid City time. b) T City will reimburse for travel, meals and lodging while away from home attending an educational conference that the supervisor authorizes as being lob related or which will improve an employee's skills. Per City Policy and Procedure 1-02, the Pre -Travel Authorization Form should indicate expenses that will be paid. ARTICLE 'G - COST REDUCTION PROGRAMS During the term of this agreement, the Union will aggressively assist Management in developing cost reduction programs. Such programs may include voluntary reduced hours/pay after this concept is studied by Management, and with such application as may be approved by Management. ►e1 iII I. .t 1Pil This Memorandum of Agreement shall become effective upon ratification by both parties hereto and remain in effect through December 31, 2027. The Term of this Memorandum of Agrccmcnt shall commcncc on January 30, 2023 and shall expire on December 31, 2024. The Parties agree that they will commence negotiations over a successor to this Memorandum of Agreement no later than one hundred eighty (180) days '-- ) before its expiration. If, at the time this Memorandum of Agreement would otherwise expire, the parties are continuing to negotiate a successor Memorandum of Agreement, upon mutual agreement the terms and conditions of this Memorandum will continue in effect. Page 71 of 88 Item 6: Staff Report Pg. 75 Packet Pg. 118 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 ARTICLE 28 - REOPENER ON APPRENTICESHIP PROGRAMS Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Upon written request of the City, this MOA will reopen on the subject of Apprenticeship Programs and the Parties will meet and confer over revisions to Appendix B and any related sections. Page 72 of 88 Item 6: Staff Report Pg. 76 Packet Pg. 119 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 EXECUTED: FOR LOCAL 521, SEIU, CTW: Teneya Johnson, Chief Negotiator Peter Quiroz, Chapter Chair Sara' Temple Nathan McClure David Sigua Scott Johnson Sara Temple Lewis Paris Ratu Serumalani Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy 9111<�lkWK912Jet1191-1%(SIP Ed Shikada, City Manager Molly Stump, City Attorney Charles Sakai, Chief Negotiator Sandra Blanch Ben Farnsworth Sandhya Uthup Page 73 of 88 Item 6: Staff Report Pg. 77 Packet Pg. 120 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Nathan McClure Jose Vigil Wesley Patnesky Kevin Carley Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Page 74 of 88 Item 6: Staff Report Pg. 78 Packet Pg. 121 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 APPENDIX A Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy The salary rates of bargaining unit classifications will be as set forth in Appendix A of this MOA Compensation: a) General Salary Increase: Effective the first full pay period including following the later of January 1, 2025 or the adoption of the MOA, the salary ranges of all represented classifications will be increased by few three percent (40% 3%). b) Market Adjustment: Effective the first full pay period following the adoption of the MOA, the salary ranges of all represented classifications will be increased in an amount sufficient to bring them to the top quartile (75th percentile) of the labor market before application of the General Salary Increase as determined by the City's market study (PEPRA). However, no represented classification shall receive a market adjustment of more than three percent (3%). Effective the first full pay period including the adoption of theMOA, the salary ranges of all represented Effective the first full pay period following January 1, 2026, each represented classification which was more than three percent (3%) below the top quartile (75th percentile) of the City's market study (PEPRA) will receive the remainder of the market adjustment required to bring them to the 75th percentile. For example, if classification A was 3.6% below the top quartile (75th percentile) of the labor market before application of the 2025 General Salary Increase as determined by the City's market study (PEPRA), that classification would receive a 3.0% market adjustment in 2025 and a 0.6% market adjustment in 2026. c) One-time Lump Sum Bonus: The City will pay each represented employee a Oone- time discretionary cash payment of $1,200 $300 for each for regular employee who is a member of the bargaining unit and in paid status in the first fu -I-4 pay period including following City Council adoption of this MOA (prorated for part time employees). Parties understand this to be non -pensionable compensation and excludable from regular rate of pay. d) General Salary Increase: Effective the first full pay period following the later of January 1, 2024 2026 or the adoption of the MOA whichever is later, salary ranges of all represented classifications will be increased byfe+-rtwo and one half percent (4.-0%2.5%). Page 75 of 88 Item 6: Staff Report Pg. 79 Packet Pg. 122 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy e) General Salary Increase: Effective the first full pay period following the later of January 1, 2027 or the adoption of the MOA, salary ranges of all represented classifications will be increased by three percent (3%). Recruitment and Retention To address current market conditions and specific benefits provided by competing employers to employees in the electrical lineperson category, the parties agree to the following: 1) Standby Compensation. Employees in the Lineperson and Water/Gas/Wastewater Job Families who are assigned to standby duty shall be compensated at the daily rates established below: • Monday through Friday two (2) hours at their straight time regular rate of pay • Saturday, Sunday, Holidays three (3) hours at their straight time regular rate of pay 2) Overtime Compensation. Employees in the Electrical Lineperson/Cable Splicer job family will be paid two times the employee's applicable salary for all overtime work. Page 76 of 88 Item 6: Staff Report Pg. 80 Packet Pg. 123 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 APPENDIX B. APPRENTICESHIPS Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Note: Employees hired into a Lineperson Apprenticeship position on or before April 11, 2016 will continue to progress through the Apprenticeship steps and into the Lineperson journey rate at the same intervals as existed before April 11, 2016 in the Apprenticeship Program. Substation Electrician, Street Light /Traffic Signal / Fiber Technician, Lineperson/Cable Splicer APPRENTICE: Upon completion, may lead to Journey level position. The Utilities Department has formalized the Apprenticeship programs in the Electric Section to develop journey level electricians/technicians and lineperson/cable splicers. The following are basic concepts/principles to be incorporated: 1. The administration and operation of the Apprenticeship programs will be managed by the Apprenticeship Committee, which will be selected by the Manager of Electric Operations and comprised of two (2) bargaining unit members designated by Local 521 and two (2) Utility Supervisors and the Manager of Electric Operations. The Manager of Electric Operations will maintain oversight of the program. The Apprenticeship Program will be subject to review and approval by the State of California Department of Industrial Relations Division of Apprenticeship Standards. 2. The journey level position will not be a promotional opportunity for anyone other than the apprentice under filling the position, as long as that apprentice is successfully progressing through the program. 3. Employees within Electric Operations, who qualify, will be given first consideration for the apprentice position prior to other City classifications or recruiting from outside the City. 4. A letter of agreement will be entered into by the apprentice and the City identifying the terms and conditions of the program. 5. The program will normally require eight thousand (8000) work hours (48 months) to complete for Lineperson Cable Splicer and six thousand (6000) work hours (36 months) for Substation Electrician, Street Light /Traffic Signal / Fiber Technician positions. 6. Normal progress through the program will be in periodic increments with formal evaluations. Page 77 of 88 Item 6: Staff Report Pg. 81 Packet Pg. 124 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy 7. The salary steps for the Substation Electrician, Street Light /Traffic Signal / Fiber Technician and Lineperson Cable Splicer apprenticeships are outlined in the State of California Department of Industrial Relations Division of Apprenticeship Standards. Employees hired into a Lineperson/Cable Splicer Apprenticeship position will be paid at step 1 of the Lineperson/Cable Splicer Apprentice step range. Upon completion of all course work requirements outlined in the apprentice syllabus, the employee will progress as follows: Month Step Step Intervals 1-12 1 12 months 13-24 2 12 months 25-36 3 12 months 37-42 4 6 months 43-48 5 6 months Upon successful completion of the fourth year following commencement of the Apprenticeship, the employee will be reclassified/progressed to Lineperson / Cable splicer Journey Level and paid at the top step (step 5) of the journeyman rate. In any case, successful completion of the program and movement into the Lineperson Cable Splicer journey level classification will not transpire until the employee has fulfilled all of the requirements outlined in the program content description and received the recommendation of the Apprenticeship Committee. Employees hired into a Substation Electrician or Street Light /Traffic Signal / Fiber Technician Apprenticeship position will be paid at step 1 of the Substation Electrician or Street Light /Traffic Signal / Fiber Technician step range. Upon completion of all coursework requirements outlined in the apprentice syllabus, the employee will progress as follows: Month Step 1-6 1 7-12 2 13-18 3 19-24 4 25-36 5 Page 78 of 88 Item 6: Staff Report Pg. 82 Packet Pg. 125 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Upon successful completion of the Apprenticeship, the employee will be reclassified / progressed to Substation Electrician or Street Light /Traffic Signal / Fiber Technician Journey Level and paid at the fifth step (step 5) of the journeyman rate. In any case, successful completion of the program and movement into the Substation Electrician or Street Light /Traffic Signal / Fiber Technician journey Level classification will not transpire until the employee has fulfilled all of the requirements outlined in the program content description and received the recommendation of the Apprenticeship Committee. 8. Should an apprentice prove deficient in progressing through either the coursework or on-the-job training portion of an apprenticeship step, the apprentice shall not progress to the next higher step nor shall the apprentice receive the step increase in wages. The apprentice as described above may at the discretion of the appropriate Division Manager, be granted a three (3) month extension to eliminate the deficiency and be allowed to progress to the next higher step in the apprenticeship and receive the step increase in wages. *Note: A maximum of two (2) time extensions may be granted during the term of the apprenticeship. Any apprentice that is removed due to documented deficiency shall have their employment terminated. 9. The City and the Union agree to review or develop job descriptions to better reflect the qualification necessary to attract and retain successful candidates for this program. It is further agreed that the job descriptions will not warrant additional compensation. 10. Training will consist of on-the-job (OJT) and required training as outlined in the program, Training costs will be funded by departmental funds and employees will be compensated their normal wages while attending required training. Personal time spent in off -the -job training and/or study will not be compensated. 11. The apprentice will be under the continuing guidance of an appropriately qualified journey level person during OJT. Such journey level persons will be assigned by Management from among volunteers who will not receive additional compensation. 12. Qualifications/progress will be verified by appropriately kept records. 13. Unless specifically stated otherwise, regular City personnel policies and MOA provisions will apply to the apprenticeship program. 14. This program may become a conceptual model for apprenticeships in other divisions or departments. Page 79 of 88 Item 6: Staff Report Pg. 83 Packet Pg. 126 of 462 Item 6 Attachment A - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027-1 the City of Palo Alto - Redline copy APPENDIX C. DEPT/DIVISION CLASSIFICATION WORKDAY OR WORKWEEK VARIATION Section 1. Exceptions to Standard Workday or Work Week for SEIU Representation Unit: Library Department Coordinator, Library Programs Librarian Senior Librarian Library Specialist Library Associate In a given workweek, staff may work three eight -hour days, one seven -hour day, and one nine -hour day. On a voluntary basis, staff may work five non-consecutive days within seven. Section 2. Rules Governing Flexible Work Hours. These rules and procedures are established pursuant to Article VI, Section 8, and are an application of Article VIII, Sections 1, 2, and 3 of the Memorandum of Agreement to the classifications of Coordinator, Recreation Programs; Producer, Arts & Sciences Programs; Program Assistant; Theater Specialist, in the Recreation and Arts & Sciences Divisions of the Community Services Department, and the classifications of Associate Planner, Building Planning Technician, CDBG Coordinator, Engineer, , Planner, and Senior Planner in the Planning and Community Environment Department. a) Flexible Work Schedule 1. Employees in the covered classification shall be permitted to arrange flexible work schedules with division approval, providing that such schedules shall include forty (40) hours per week. 2. Standard daily office hours are typically Monday through Friday, between the hours of 8:00 a.m. and 6:00 p.m. as determined by the Department. Flexible hours may occur for supervision of, and/or attendance at, evening programs, meetings, weekend events, or other programs. b) Overtime 1. Emergency call -out work shall be defined as overtime work and compensated per standard City practices. Page 80 of 88 Item 6: Staff Report Pg. 84 Packet Pg. 127 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy 2. If the need arises for overtime work due to an unusual circumstance calling for extra hours or due to a special event, compensation shall be allowed with prior approval of the Director of Recreation, Director of Arts and Sciences, or the Director of Planning and Community Environment, and shall be compensated for, as spelled out in the Memorandum of Agreement. Section 3. 2080 Plan a) Either the Union or the City may withdraw from the Plan by giving the other party 30 calendar days written notice. In the event of termination of the plan, the covered classifications will return to an 8 -hour or other authorized workday as provided under Article VIII, Section 1, of this Memorandum of Agreement. b) Provisions of the 2080 Plan are as follows. To the extent that these provisions are in conflict with other provisions of the Memorandum of Agreement, these provisions will prevail. c) The 2080 Plan or "12 hours per Shift Schedule" is an authorized work schedule for the Utility Systems Operators and Water Quality Control Plant Operators. 2080 Plan Under this 2080 Plan, each employee's hours of work per year may not exceed 2,240. For scheduling purposes, and subject to the Merit System Rules and Regulations, the employee will be guaranteed not less than 2080 hours per year, or no less than 52 weeks at the normal number of hours worked per week. Any employee covered by the Plan who works up to 2,080 hours per year is compensated for all hours worked at the agreed upon rate. The City must pay overtime for all hours worked in excess of 12 in any workday, 56 hours in any work week, or 2080 hours in 52 weeks as the case may be. The rate of overtime will be at time and one-half the employee's regular rate of pay (or current contract overtime rate, if different). Shift Schedule The shift schedules combined must provide full 24 -hour, seven (7) days per week coverage for the Utility Control Center and Water Quality Control Plan. The shift schedule shall be a rotating schedule. The Utility Systems Operators' shift schedule will reach the equivalent of 40 hours per week in five weeks. The 12 -hour shifts begin at 7:00 a.m. and 7:00 p.m. The Relief shift shall begin at 7:00 a.m. and end at 3:00 p.m. with lunch taken while working. The shift schedule shall be rotating schedule. The Water Quality Control Plant Operators' shift schedule will reach the equivalent of 40 hours per week in two weeks. There will be four 12 -hour shifts that begin at 6:00 a.m. and 6:00 p.m. The fifth shift will be a 4/10 shift that begins at 6 a.m. on three days, and at noon on the fourth day. Page 81 of 88 Item 6: Staff Report Pg. 85 Packet Pg. 128 of 462 Item 6 Attachment A - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Redline copy Pay Period Pay periods and workweek for the System Operations will begin Sunday at 7:01 a.m. Pay periods and workweek for the Water Quality Control Plan Operators will begin Saturday at 6:01 a.m. Wages Wages will be based on the City of Palo Alto Compensation Plan, which may vary from time to time as mutually agreed upon. Overtime Under the 2080 Plan, the City will pay overtime for all hours worked in excess of 12 in any workday, 56 in any work week, or 2080 in 52 weeks, as the case may be. Overtime will also be paid for hours worked when an employee is called in to work other than their regularly -scheduled shift. The overtime rate of pay will be one and one-half times (or current contract overtime rate, if different) of the employee's regular rate of pay. All overtime worked will be paid to the employee. No compensatory time off for overtime will be allowed with the exception of Water Quality Control Operations. Relief Employees This provision only applies to the Utility Systems Operators. The five Operators share the relief week evenly as they rotate through the five week cycle. Relief employee(s) will be used within the 12 -hours shift schedule only when relieving for the System Operators on shift. When not relieving, they will work four eight -hour shifts. When a vacation relief week results in a 36 -hour or 48 -hour week, the operator working said week shall be paid at one and one-half (1%) time their normal rate of pay for hours that exceed thirty two (32) hours. Relief Duties This provision only applies to the Utility Systems Operators. An employee who is scheduled to perform relief duties shall be available for duty in revolving shifts on any day of the week and may be assigned for relief in any shift without advance notice. Relief employees will be paid standby pay during their relief week. Standby This provision only applies to the Utility Systems Operators. An employee who is on relief duties is covering standby, and will be compensated according to Article VIII, Section 7 (a) of the Memorandum of Agreement. If the relief employee is on vacation or otherwise unavailable for relief duties, the employee(s) on their three or four -day off period will be first on standby. Page 82 of 88 Item 6: Staff Report Pg. 86 Packet Pg. 129 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Management reserves the right to utilize Management personnel as Operators on a short- term, as needed basis, if no Operator is available. Filling Vacant Positions If the City elects to fill a vacancy other than by reassignment of the shift or the utilization of prior or succeeding shift personnel, the following procedure shall be used: Employees will be called according to their position on the Pre -arranged Overtime List (POL), with the person with the lowest balance being the first one called. The purpose of the POL is to fairly distribute the available opportunities. If an employee turns down the overtime, that amount will be added to the employee's POL balance. If an employee cannot be contacted for such assignment, the employee will not have any overtime added to their POL account balance. Shift Changes Shift changes caused by scheduled time off or sick leave will not be considered an official change in shift. Maximum Hours Worked No employee shall work more than 18 consecutive hours. Rest Period In a 12 -hour workday, employees are entitled to a rest period of 8 consecutive hours after working 6 hours overtime during the 12 hours immediately before the regularly scheduled hours of work on a workday or non -workday. Holidays Employees who begin their day or night shift on an observed holiday will receive overtime premium in accordance with Article X, Section 3 of the Memorandum of Agreement. Employees who work a schedule where a regular day off falls on a holiday will be paid for the hours they would have normally worked on that day. Employees working for Water Quality Control Operations may accrue holiday time convertible to vacation. Sick Leave Sick leave will be earned as indicated in Article XII, Section 1(a) of this MOA, and shall be charged in increments of one hour. Floating Days Off Floating holidays will be made available to eligible employees and used pursuant to Article X, Section 5. Page 83 of 88 Item 6: Staff Report Pg. 87 Packet Pg. 130 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy Vacation An employee's total entitlement will be converted to hours (eight hours = one day). A workday will consist of 12 hours, and employees taking vacation will be charged 12 hours of use. Two week notification is required for any scheduled time off. Only one person at a time may be scheduled off. It is the intention of the City that vacation be taken in units of one work week; however, with approval of his/her supervisor, an employee may use his/her accrued vacation in units of less than one work week. Meals Shift employees shall be permitted to eat their meals during work hours and shall not be allowed additional time, therefore at City expense. Shift Premium Shift premium will be handled in accordance with the current Memorandum of Agreement between the City and the Union, Article VIII, Section 8. Jury Duty Time off for jury duty which occurs on a regularly scheduled workday will result in the employee being credited with up to 12 hours worked, for pay purposes. Employees called for jury duty who are working the evening portion of the 12 -hour schedule will be placed, for payroll and scheduling purposes, on the day shift for each scheduled day such employee is required to report for jury duty, and will not be required to work the evening 12 -hour shift before or after being required to report for jury duty. However, such employee shall return to work on the day shift upon being released from such duty if there are at least four hours remaining prior to the end of the day shift. All other provisions of Article XII, Section 5, of the current Memorandum of Agreement shall apply. APPENDIX D. IN -LIEU PREMIUMS 1. For employees in the following operations assigned to work schedules other than Monday through Friday, the calendar day will be considered the holiday for premium pay of in -lieu scheduling purposes: Communications Water Quality Control Animal Control Golf Course Utilities Services Landfill Open Space Page 84 of 88 Item 6: Staff Report Pg. 88 Packet Pg. 131 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Electric System Operator Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy If December 24 and 31 fall on Sunday, then the preceding Friday will be designated for purposes of excused time off, except in the case of Community Services staff who may be scheduled to work on Saturday, in which case Saturday will be designated for purposes of excused time off. For Open Space and Library personnel, designation of excused time off will be based on Park and Library schedules and employee preference. APPENDIX E. COMMUNICATIONS DIVISION PROMOTIONS 1. Promotional opportunities within the Communications Division will be carried out in compliance with procedures set forth in Article VI, Section 5, of the Memorandum of Agreement between the City and SEIU Local 521, except that: a. In sub -paragraph (e) of Article VI, Section 5, the term "seniority" shall be defined as Division Seniority. • Division Seniority, for the purposes of shift scheduling, vacation scheduling and promotional opportunities will be calculated from an employee's first day of employment in the division. Any unpaid leave that is not protected under FMLA or CFRA will not count as service days towards seniority, unpaid furlough, and unpaid closure time. Other areas of seniority not mentioned in this article will follow Article 6, Section 5, e "Seniority" of the Memorandum of Agreement between SEIU 521 and the City of Palo Alto. Page 85 of 88 Item 6: Staff Report Pg. 89 Packet Pg. 132 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 APPENDIX F. RECOVERY OF CITY TRAINING COSTS Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy In recognition of the extended training provided to affected employees, the Parties agree that the City may recover up to thirty percent (30%) of its cost for training employees, hired on or after July 1, 2012, in all Utilities Apprentice classifications and in the Park Ranger Apprentice classifications if the employee voluntarily terminates from the City or abandons his or her City employment before completing three years of City service in the Journeyman classification or Park Ranger classification. The amount recovered shall reasonably reflect the City's cost for the training, but will exclude all wage or benefit costs, and will be prorated to reflect the portion of the thirty-six (36) month post -training service period remaining at the time of the employee's termination. As of July 1, 2015 thirty percent (30%) of the City's average cost for training employees in: • Lineperson/Cable Splicer Apprenticeship Program is $5600.00 • For the Field Service Representative, the City's two year training cost is $ 6,000 • For Substation Electrician Apprenticeship Program is $4800.00 • For Street Lighting / Traffic Signals / fiber Apprentice program is: $1800.00 • For Park Ranger, the City's two-year training cost is:$6,300 The employee will be required to sign an agreement providing for reimbursement to the City as provided above on the form attached hereto as Appendix H. APPENDIX G. RECOVERY OF TRAINING INVESTMENT AGREEMENT This Agreement is entered into between ("Employee") and the City of Palo Alto (the "City"), as authorized by the Memorandum of Agreement between the City and SEIU Local 521. RECITALS A. The purpose of this Agreement is to limit the City's risk that it will invest substantial sums in the Employee's training but potentially lose the value of that training if the employee terminates without rendering substantial journey level service to the City after training. B. The City may require reimbursement from Employee of thirty percent (30%) of the total training cost for position, subject to abatement when specified service requirements are met. C. On or about (date) City extended to Employee a conditional offer of employment in the position of (position), subject to Employee's Page 86 of 88 Item 6: Staff Report Pg. 90 Packet Pg. 133 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy agreement to complete the training necessary to perform the duties of (position), under the terms of the training program. The (position) requires [description of training], which as of July 1, 2015 cost the City approximately $ over the course of the training. D. This agreement sets forth the Employee's agreement to reimburse the City for the City's investment in the Employee's training if the employee voluntarily terminates from the City prior to the completion of thirty-six months of service following successful completion of the training. THEREFORE, the Parties agree to the terms set forth below: By signing this agreement, the Employee understands that s/he is bound by agrees to the following terms: 1. (hereafter "Employee") agrees that in training Employee for the position of the City of Palo Alto (hereafter "City") incurs a total cost of $ 2. Employee agrees that amounts recoverable under this agreement do not include Employee wage or benefit costs. 3. Employee agrees that in the event he/she voluntarily terminates or abandons his or her employment from the City prior to the completion of thirty-six (36) months of service following the successful completion of his or her apprenticeship, he/she will repay the City for the cost of training noted above, prorated to reflect the months of service the Employee has completed following successful completion of their training. Employee agrees that for the purpose of this agreement, "time of service" shall begin on the date following the successful completion of the Employee's training. 4. Employee agrees that the aggregate amount of repayment due will be determined based upon the attached proration table. 5. Employee agrees that repayment shall be due and made in equal monthly installments over the twelve (12) months immediately following termination, on the first of each such month. 6. If Employee does not fully reimburse the City for the amounts due when due, the entire aggregate amount owed will become immediately due, the employee will be deemed in default on this agreement and the City may initiate legal Page 87 of 88 Item 6: Staff Report Pg. 91 Packet Pg. 134 of 462 City of Palo Alto and SEIU Local 521 January 1. 2025 - December 31. 2027 Item 6 Attachment A - MOA between SEIU 521 and the City of Palo Alto - Redline copy proceedings to collect said amounts. Employee will be responsible for all reasonable collection costs and attorney fees incurred by the City in undertaking such proceedings. The City may elect to forbear taking such action to allow Employee the opportunity to become current on the debt. Such forbearance will not alter the Employee's default status or adversely affecting the City's right to later initiate proceedings for recovery pursuant to this Agreement. 7. This agreement shall be effective on the date listed below. DATED: Title, City of Palo Alto Employee Page 88 of 88 Item 6: Staff Report Pg. 92 Packet Pg. 135 of 462 Item 6 Attachment B - MOA between SEIU 521 and the City of Palo Alto - CITY OF PALO ALTO Clean copy Memorandum of Agreement City of Palo Alto and Service Employees International Union (SEIU) Local 521 January 1, 2025 — December 31, 2027 �F CITY OF F� PALO ALTO Item 6: Staff Report Pg. 93 Packet Pg. 136 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy TABLE OF CONTENTS PREAMBLE........................................................................................................................6 ARTICLE 1- RECOGNITION..........................................................................................6 Section1 - Recognition...................................................................................................6 Section 2 - Protection of Unit..........................................................................................6 ARTICLE 2- NO DISCRIMINATION..............................................................................7 Section 1 — Discrimination..............................................................................................7 Section 2 - Right to Join the Union.................................................................................7 ARTICLE 3- UNION MEMBERSHIP..............................................................................7 Section1 - Notice............................................................................................................7 Section 2 — Payroll Deductions........................................................................................8 Section 3. Certification of Union Membership................................................................8 Section 4. Indemnification, Defense and Hold Harmless................................................9 Section 5 - Documentation..............................................................................................9 Section 5 - Bulletin Boards and Departmental Mail........................................................9 Section 6 - Access to Union Representatives................................................................10 Section 7 - Meeting Places............................................................................................10 Section 8 - Notification to the Union.............................................................................10 Section9 - Union Logo..................................................................................................10 Section 10 - Public Notice.............................................................................................11 Section 11 - Use of Agency Reports..............................................................................11 Section12 - Job Postings...............................................................................................11 Section 13 - Contracting Out.........................................................................................11 ARTICLE 4- STEWARDS AND OFFICERS.................................................................11 Section 1 - Union Officers.............................................................................................11 Section 2 - Number of Stewards....................................................................................11 Section3 - Release Time...............................................................................................12 Section 4 - Advance Notification Before Leaving Work Location...............................12 Section 5 — Release Time..............................................................................................12 Section 6 - Designated Union Space.............................................................................13 Section 7 - Union Officers and Release Time...............................................................13 ARTICLE 5- REDUCTION IN FORCE..........................................................................13 Section1 - Attrition.......................................................................................................13 Page 1 of 85 Item 6: Staff Report Pg. 94 Packet Pg. 137 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 2 - Advance Notice...........................................................................................13 Section3 - Order of Layoff...........................................................................................13 Section 4 - Seniority/Bumping Rights...........................................................................14 Section 5 - Re -Employment List...................................................................................14 Section 6 - Sick Leave Balances....................................................................................14 Section 7 - Hourly Employees Performing Duties........................................................14 ARTICLE 6- PERSONNEL ACTIONS...........................................................................15 Section1 - Probation.....................................................................................................15 Section 2 - Personnel Evaluations.................................................................................15 Section 3 - Personnel Files............................................................................................15 Section 4 - Release of Information................................................................................16 Section 5 - Promotional Opportunities..........................................................................16 Section6 - Rights...........................................................................................................18 Section 7 - Apprentice Positions....................................................................................18 Section8 - Rotation.......................................................................................................19 ARTICLE 7- PAY RATES AND PRACTICES..............................................................19 Section1 - Salary...........................................................................................................19 Section2 - Step Increases..............................................................................................19 Section 3 - Working Out of Classification....................................................................19 Section 4 - Classification Changes................................................................................20 Section 5 - Reclassification Requests............................................................................20 Section 6 - Assignment to a Lead Position....................................................................21 Section 7 - Total Compensation and Survey Database..................................................21 Section 8 - Direct Deposit..............................................................................................22 ARTICLE 8- HOURS OF WORK, OVERTIME, PREMIUM PAY...............................22 Section 1 - Work Week and Work Day.........................................................................22 Section2 - Overtime Work............................................................................................23 Section3 - Work Shifts..................................................................................................25 Section 4 - City -Paid Meals...........................................................................................25 Section5 - Break Periods..............................................................................................27 Section6 - Clean -Up Time............................................................................................27 Section 7 - Standby Pay, Call -Out Pay..........................................................................27 Section 8 - Night Shift Premium...................................................................................27 Page 2 of 85 Item 6: Staff Report Pg. 95 Packet Pg. 138 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 9 - Bilingual Premium......................................................................................28 Section 10 - Communications Training Officer (CTO) Compensation .........................28 ARTICLE 9- UNIFORMS AND TOOL ALLOWANCES..............................................28 Section1 - Uniforms......................................................................................................28 Section 2 - Tool Allowance...........................................................................................32 Section3 - Shoe Allowance...........................................................................................32 Section 4 — Certifications...............................................................................................32 Section 5 - Weather Protection......................................................................................37 ARTICLE 10 - HOLIDAYS..............................................................................................37 Section 1 - Fixed Holidays............................................................................................37 Section 2 - Pay for Fixed Holidays................................................................................38 Section 3 - Work on Fixed Holidays.............................................................................38 Section 4 - Variations in Work Week............................................................................38 Section 5 - Floating Days Off........................................................................................39 ARTICLE 11 - VACATIONS...........................................................................................39 Section 1 - Vacation Accruals.......................................................................................39 Section 2 - Holiday Falling During Vacation................................................................40 Section 3 - Illness During Vacation...............................................................................40 Section 4 - Accrued Vacation Pay for Deceased Employees........................................40 Section 5 - Effect of Extended Military Leave..............................................................40 Section 6 - Vacation at Termination..............................................................................41 Section 7 - Vacation Cash Out.......................................................................................41 ARTICLE 12 - LEAVE PROVISIONS............................................................................41 Section1 - Sick Leave...................................................................................................41 Section 2 - Bereavement Leave.....................................................................................43 Section 3 - Military Leave.............................................................................................43 Section 4 - Leave Without Pay......................................................................................43 Section 5 - Jury Duty and Subpoenas............................................................................44 Section 6 - Time Off to Vote.........................................................................................44 Section 7 - Disapproval of Leave of Absence...............................................................44 Section 8 - Personal Business Leave Chargeable to Sick Leave...................................44 Section 9 - Return to Assignment..................................................................................44 ARTICLE 13 - WORKERS' COMPENSATION INSURANCE......................................45 Page 3 of 85 Item 6: Staff Report Pg. 96 Packet Pg. 139 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 1 - Industrial Temporary Disability..................................................................45 Section 2 - Vocational Rehabilitation Benefits for Permanently Disabled Employees.45 ARTICLE 14 - BENEFIT PROGRAMS...........................................................................45 Section1 - Health Plan..................................................................................................45 Section2 - Dental Plan..................................................................................................48 Section3 - Vision Care..................................................................................................49 Section 4 - Life Insurance..............................................................................................49 Section 5 — Long Term Disability Insurance.................................................................49 Section 6 - Effective Date of Coverage for New Employees........................................49 Section7 - Dual Coverage.............................................................................................49 Section 8 - Deferred Compensation...............................................................................50 Section 9 — Dependent Care Assistance Program and Medical Flexible Spending Accounts........................................................................................................................50 ARTICLE 15 - RETIREMENT........................................................................................50 Section 1 - PERS Continuation......................................................................................50 Section2 - Employee Share...........................................................................................51 Section 3. Employer Share............................................................................................52 ARTICLE 16 - COMMUTE INCENTIVES AND PARKING.........................................52 Section 1 - Commute Incentive.....................................................................................52 Section 2 — Parking Lot Security — Municipal Service Center......................................53 Section 3 — Bicycle Lockers and Motorcycle Parking...................................................53 ARTICLE 17 - PHYSICAL EXAMINATIONS...............................................................53 ARTICLE18 — SAFETY..................................................................................................54 Section 1 - Health and Safety Provisions......................................................................54 Section2 - Union Cooperation......................................................................................54 Section 3 - Safety Committees and Disputes.................................................................54 ARTICLE 19 - GRIEVANCE and APPEAL PROCEDURE...........................................55 Section 1 - General Provisions......................................................................................55 Section2 — Definitions..................................................................................................55 Section 3 - Conduct of Grievance Procedure or Appeal of Disciplinary Action Procedure.......................................................................................................................5 5 Section 4 - Grievance and Appeal Procedure................................................................57 ARTICLE 20 - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION............................................................................................................................59 Page 4 of 85 Item 6: Staff Report Pg. 97 Packet Pg. 140 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 1 - Preliminary Notice of Discipline.................................................................59 Section2 - Skelly Meeting............................................................................................60 Section3 — Appeals.......................................................................................................60 ARTICLE 21 - NO ABROGATION OF RIGHTS...........................................................60 ARTICLE 22 - OUTSIDE EMPLOYMENT....................................................................61 ARTICLE 23 - WORK STOPPAGE AND LOCKOUTS................................................61 ARTICLE 24 - PROVISIONS OF THE LAW..................................................................61 Section 1 - Conformity and Separability of Provisions.................................................61 Section 2 - Merit Rules and Regulations.......................................................................61 Section3 - Resolution....................................................................................................61 ARTICLE 25 - PROFESSIONAL DEVELOPMENT......................................................61 ARTICLE 26 - COST REDUCTION PROGRAMS.........................................................63 ARTICLE 27 - TERM......................................................................................................63 ARTICLE 28 - APPRENTICESHIP REOPENER APPENDIXA....................................................................................................................66 APPENDIX B. APPRENTICESHIPS...............................................................................67 APPENDIX C. DEPT/DIVISION CLASSIFICATION WORKDAY OR WORKWEEK VARIATION.....................................................................................................................70 APPENDIX D. IN -LIEU PREMIUMS.............................................................................75 APPENDIX E. COMMUNICATIONS DIVISION PROMOTIONS...............................76 APPENDIX F. RECOVERY OF CITY TRAINING COSTS...........................................77 APPENDIX G. RECOVERY OF TRAINING INVESTMENT AGREEMENT .............78 Page 5 of 85 Item 6: Staff Report Pg. 98 Packet Pg. 141 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy 2023 - 2024 MEMORANDUM OF AGREEMENT City of Palo Alto and SEIU Local 521 This Memorandum of Agreement (hereinafter "MOA" is entered into by the City of Palo Alto (hereinafter referred to as the "City") and Local 521 Service Employees' International Union, CTW (hereinafter referred to as the "Union"). For the purposes of this MOA "employee" shall mean an employee assigned to a classification within the SEIU General Employee bargaining unit. This MOA is pursuant and subject to Sections 3500-3510 of the Government Code of the State of California and Chapter 12 of the City of Palo Alto Merit Rules and Regulations. ARTICLE 1— RECOGNITION Section 1- Recognition Pursuant to Sections 3500 - 3510 of the Government Code of the State of California and Chapter 12 of the City of Palo Alto Merit System Rules and Regulations, the City recognizes the Union as the exclusive representative of a representation unit consisting of all regular full and part-time employees in the classifications listed in Appendix A attached hereto. This unit, shall for purposes of identification, be titled the SEIU General Employees bargaining unit (hereinafter "General Unit"). Section 2 - Protection of Unit No supervisor will perform the work of an employee in the General Unit provided that there is an employee available who regularly performs such work. This does not preclude a supervisor from performing work of a minor nature or during bona fide emergencies or on a standby status when willing and qualified unit employees do not live within a reasonable response time of their work location. Supervisory personnel shall be called out to perform unscheduled work only when SEIU General unit employees are unavailable to perform such work or in cases of bona fide emergencies as defined in Article VIII, Section 2. In cases of bona fide emergencies, SEIU General Unit employees shall be called out to complete the necessary work after the immediate emergency situation has been reasonably contained. Page 6 of 85 Item 6: Staff Report Pg. 99 Packet Pg. 142 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy ARTICLE 2 - NO DISCRIMINATION Section 1— Discrimination The City of Palo Alto is committed to providing a work environment free from all forms of harassment and discrimination and agrees not to harass or discriminate against employees or applicants based on such characteristics such as race, ethnicity, color, religion, political affiliation, veteran status, military status, national origin, ancestry, disability, medical condition, marital status, age, pregnancy, sex, sexual orientation, gender identity and gender expression, or the perception that any person has such characteristic, and any other characteristic protected by federal or state law or City Ordinance. The City of Palo Alto will not harass or discriminate against employees from exercising their rights to organize in accordance with the Meyers-Milias Brown Act. Complaints of harassment or discrimination may be reported to any of the following individuals: • Immediate supervisor • Any supervisor or manager within or outside of the department • Department Head • Human Resources Director Complaints will be investigated in accordance with the City's Policy and Procedures. Section 2 - Right to Join the Union The City and the Union agree to protect the rights of all employees to exercise their free choice to join the Union and to abide by the express provisions of applicable State and local laws. ARTICLE 3— UNION MEMBERSHIP Section 1- Notice a) When a person is hired in any of the covered job classifications, the City shall notify that person that the Union is the recognized bargaining representative for the employee and give the employee a packet of information provided by the Union, and will maintain a current copy of the Memorandum of Agreement on the City's website. b) When a group new employee orientation is held for employees of the bargaining unit, a union representative shall be permitted to make a presentation to such bargaining unit Page 7 of 85 Item 6: Staff Report Pg. 100 Packet Pg. 143 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy employees during the employee orientation for the purpose of explaining matters of representation. The presentation shall not exceed 30 minutes. Management will not be present during the Union presentation. The City will provide release time to a steward or Union Officer for purposes of making the presentation. In addition, a non -City employee Union representative will also be given access to attend for the purposes of making the presentation. c) The City will normally provide the Union with ten (10) days' notice in advance of a group orientation for new employees. Shorter notice may be provided only in a specific instance where there is an urgent need critical to the employer's operations that was not reasonably foreseeable. The date, time, and place of the orientation shall not be disclosed to any third party except the exclusive representative or a vendor that is contracted to provide a service for purposes of the orientation. d) When no group new employee orientation is held, if an employee is unable to attend the group orientation, or if the Union is unable to make a presentation because the City provides less than ten (10) days' notice, the employee will be schedules to attend the next new employee orientation. If the employee does not attend the next new employee orientation, the City will offer the Union an opportunity to make a thirty (30) minute presentation to new employees. This may be scheduled before or after the Steward Council meeting or at another mutually agreeable time. e) This section is intended to satisfy the requirements of Government Code Section 3556. Section 2 — Payroll Deductions The City shall deduct Union membership dues and pay other mutually agreed upon deductions (including Committee on Political Education (COPE)) from the bi-weekly pay of member employees. The deductions in this Section shall not apply during any period where an employee is in an unpaid status and/or transfers or in any other manner leaves the representation unit. The Union will be the custodian of records for individual employee membership and dues deduction forms. The Union will maintain all authorizations for dues deductions signed by the individual from whose salary or wages the deduction or reduction is to be made. The City will direct employee requests to cancel or change deductions to the Union. Deductions may be revoked only pursuant to the terms of the employee's written authorization. The City shall remit the deducted dues to the Union as soon as possible after deduction. Page 8 of 85 Item 6: Staff Report Pg. 101 Packet Pg. 144 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 3 - Certification of Union Membership The Union agrees to provide the City on a monthly basis, a certified list of members and a statement that the Union has and will maintain written authorizations signed by the individuals from whose wages the Union dues deductions are to be made, and a statement that the Union shall indemnify the City for any claims made by the employee for deductions made in reliance on that certification, in accordance with Government Code Section 1157.12(a). Section 4 - Indemnification. Defense and Hold Harmless The Union agrees to indemnify and hold harmless the City and all officials, employees, and agents acting on its behalf, from any and all claims, actions, damages, costs, or expenses including all attorney's fees and costs of defense in actions against the City, its officials, employees or agents as a result of actions taken or not taken by the City pursuant to this Article. Section 5 - Documentation The City shall supply the Union with: a) a monthly electronic file on or before the 15th of the month with the names, addresses, classifications, hourly base pay, month, work locations, work phone, home phone number, personal cellphone number, employee number, and personal email, employee ID number, and Committee on Political Education (COPE) listed separately of all bargaining unit employees on file with the City except those who file written notice with the Human Resources Department objecting to release of addresses, home telephone number, personal cellphone number, or personal email address, in which case information will be transmitted without these objected items; and b) a list of bargaining unit new hires, terminations and retirements which occurred during the previous month. The Union shall supply the City, and as applicable, the employees, with documentation required by Government Code Section 3502.5 (f). Section 6 - Bulletin Boards and Departmental Mail The Union shall have access to inter -office mail, existing bulletin boards in unit employee work areas for the purpose of posting, transmitting, or distributing notice or announcements including notices of social events, recreational events, Union Page 9 of 85 Item 6: Staff Report Pg. 102 Packet Pg. 145 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy membership meetings, results of elections and reports of minutes of Union meetings. Any other material must have prior approval of the Human Resources Office. Action on approval will be taken within 24 hours of submission. The Union may send email messages only for the purposes set forth above. The IT Department will maintain the SEIU list and keep it current. The Union access to email is based on the following conditions: 1) emails to the SEIU list will be copied to the Human Resource Director, or designee at distribution; 2) emails to the SEIU list will only be sent by the SEIU Chapter Chair, Vice Chair, Chief Steward (s) or Secretary, 3) a maximum of 52 emails may be sent per year and a maximum of 12 emails may be sent by the SEIU Chapter Secretary. Section 7 - Access to Union Representatives Representatives of the Union are authorized access to City work locations for the purpose of conducting business within the scope of representation, provided that no disruption of work is involved. The representative must notify the Human Resources Department prior to entering the work location, including the intended date of the visit. Section 8 - Meeting Places The Union shall have the right to reserve City meeting and conference rooms for use during lunch periods or other non -working hours. Such meeting places will be made available in conformity with City's regulations and subject to availability. Section 9 - Notification to the Union a) General Pursuant to Government Section 3500, et seq. (Meyers-Milias-Brown Act as amended), the Union shall be informed in advance in writing by Management before any proposed changes not covered by this Memorandum of Agreement are made in benefits, working conditions, or other terms and conditions of employment which require meet and confer or meet and consult process. This paragraph shall not be subject to the grievance procedure of this Memorandum of Agreement so long as the Public Employment Relations Board retains jurisdiction over the obligation to meet and confer in good faith. b) Change in City's Financial Situation Should the City's financial situation deteriorate and the possibility of layoffs result, the City Manager will give prior notice to and consult with the Union prior to recommending any layoffs to the City Council. Implementation of layoffs will Page 10 of 85 Item 6: Staff Report Pg. 103 Packet Pg. 146 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy be consistent with Article 5 — Reduction in Force. c) Vacancies and Temporary Personnel The City agrees to notify SEIU Local 521 in writing when any irregular, temporary, hourly, provisional, special or extra help employee who consistently performs work typical of the SEIU Local 521 bargaining unit exceeds 1,000 hours of work within a 18 -month period. The City agrees to notify SEIU Local 521 in writing when any position covered by this agreement is left vacant for more than 60 days. The City will notify SEIU and, upon request, meet regarding the conversion of any long term and on -going hourly positions which the City proposes to convert to full time positions through the budget process. Section 10 - Public Notice The City shall make available to the Union, in a timely manner, copies of all City Council meeting agendas, minutes and schedule of meetings. These materials will be available online via the City's website. Section 11 - Use of Agency Reports Upon request, the City shall provide to the Union reports by department on the use of agency temporaries filling representation unit vacant positions, or doing work similar to that of representation unit classifications. Section 12 - Job Postings The City shall incorporate the requirements of this Article when publicizing job announcements for classifications covered by this Memorandum of Agreement. Section 13 - Contracting Out The City, through the labor management process, will keep the Union advised of the status of the budget process, including any formal budget proposal involving the contracting out of SEIU bargaining unit work traditionally performed by bargaining unit members at least thirty (30) days prior to the release of the City Manager's proposed budget. Prior to contracting out work, the City will attempt to fill vacant positions within the classification which normally performs the work to be contracted out; and attempt to use voluntary overtime to reduce or eliminate the need to contract out. Page 11 of 85 Item 6: Staff Report Pg. 104 Packet Pg. 147 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy The City will notify the Union in writing at least ninety (90) days prior to contracting work which has been traditionally performed by bargaining unit members. Within the ninety (90) day period of contracting out, both parties may offer alternatives to contracting out and meet and confer on the impact of such contracting out of a bargaining unit employee work. The City will notify the Union in writing when contracting out work which has been traditionally performed by bargaining unit workers, where such contracting out is expected to replace a laid off bargaining unit position that has been eliminated within ninety (90) days prior to the date of the planned contract work. When feasible, the City will provide such notice prior to the beginning date of the planned contract work. The City will meet with the Union upon request to discuss alternatives. This provision does not apply to the filling of temporary vacancies of twelve (12) months or less duration. The City will provide the Union with a biannual list by department of all contract workers or vendors who are contracted by the City who perform work for the City. The City will make a reasonable effort to identify the names of the vendors on the list and the nature of the work provided by each vendor. ARTICLE 4— STEWARDS AND OFFICERS Section 1 - Union Officers The Union agrees to notify the Director of Human Resources of those individuals designated as Union officers and stewards who receive and investigate grievances and represent employees before Management. Alternates may be designated to perform steward functions during the absences or unavailability of the steward. Section 2 - Number of Stewards The number of stewards designated by the Union at a given time shall not exceed thirty- five (35). Section 3 - Release Time It is agreed that as long as there is prior notice as specified below to the Supervisor and the release of stewards will not unreasonably disrupt City operations, stewards shall be allowed reasonable release time away from their work duties, without loss of pay, to represent a unit employee or employees on grievances or matters within the scope of representation, including: a) A meeting of the steward and an employee, or employees of that unit related to a grievance. Page 12 of 85 Item 6: Staff Report Pg. 105 Packet Pg. 148 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy b) A meeting with Management. c) Investigation and preparation of grievances. Grievances may be transmitted on City time. All steward release time shall be reported on time cards. Section 4 - Advance Notification Before Leaving Work Location The Union agrees that the steward shall give no less than one (1) full business day advance notification to his/her supervisor before leaving the work location, except in those cases involving an unforeseeable circumstance that requires immediate union representation where advance notice cannot be given or when the relevant supervisor otherwise allows less notice. A supervisor may deny such a request for release from duty if the steward is needed to ensure real time delivery of services that the steward provides for the public or internal City customers and another employee who normally provides such services is not available on a straight time basis to relieve the steward, or in a bona fide emergency. If such denial occurs, the union may request the release of another of its designated stewards to perform the representation duties involved. Such request shall be processed in accordance with the terms set forth in this section except that the requirement for a full business day advance notice to the replacement representative's supervisor shall not apply. Nothing herein shall preclude the City from rescheduling a meeting it has scheduled, to facilitate the attendance of a steward who has requested release if, in the City's judgment, such change can be undertaken without undermining the objectives of the meeting. Section 5 — Release Time Four (4) Union officers, who are City employees, shall be allowed a reasonable amount of release time off for purposes of meeting and conferring or meeting and consulting on matters within the scope of representation. All such time will be reported on timecards. Section 6 - Designated Union Space Union stewards may utilize space in assigned desks for storage of Union materials. In the event stewards are not assigned desks the City will provide locker or other mutually agreeable space for storage of Union materials. Section 7 - Union Officers and Release Time Four (4) union officers, who are City employees shall be allowed a reasonable amount of release time off for monthly Labor/Management Meetings. When the Union believes Page 13 of 85 Item 6: Staff Report Pg. 106 Packet Pg. 149 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy additional subject matter expert or experts would be helpful to the discussion, the Union shall notify the Human Resources Director, or designee and request release time for those individuals. Additional release time will be by mutual agreement. Officers released under this section may be permitted reasonable release time for caucus, the amount of which will be determined by mutual agreement. ARTICLE 5 - REDUCTION IN FORCE Section 1- Attrition In the event of reductions in force, they shall be accomplished wherever possible through attrition. Section 2 - Advance Notice When the City determines that layoffs are imminent resulting from reduction in force within the representation unit, the City will give the Union such advance notice as is reasonable under the circumstances. The notice will indicate the departments and divisions which will be affected and the circumstances requiring the layoffs. The City will furnish the Union with a current representation unit seniority list with notice of layoff. Section 3 - Order of La If the work force is reduced within a department, division, or office for reasons of change in duties or organization, abolition of position, shortage of work or funds, or completion of work, employees with the shortest length of service will be laid off first so long as employees retained are fully qualified, trained, and capable of performing remaining work. Length of service for the purpose of this article will be based on current service hire date of record in a regular classification with no adjustment for leaves of absence. Length of service ties will be determined by lot in a method agreeable to both parties. Employees laid off due to the above reasons will be given written notice at least thirty days prior to the reduction in force. A copy of such notice will be given to the Union. Such employees shall be offered priority employment rights to regular positions which are requisitioned and for which the employees are qualified for a period beginning with notification and ending sixty (60) days following the reduction in force. Employees transferred or reclassified under this section will be assigned to the step in the new classification salary range closest to the employee's salary range at the time of reclassification. Employees laid off pursuant to this section shall receive the balance of all regular City compensation owed and severance pay equal to one month's salary at the employee's final rate of pay at termination. This does not include any amounts payable under Article V, Section 6, or PERS contribution refunds, if any. Page 14 of 85 Item 6: Staff Report Pg. 107 Packet Pg. 150 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 4 - Seniority/Bumping Rights Employees identified for layoff who have seniority (bumping) rights to their current or previously held classifications within the representation unit must declare their intention to exercise these rights in writing and submit to the Human Resources Department within seven (7) working days after written notification of layoff, otherwise bumping rights will automatically terminate. Bumping may occur within the representation unit, only to the least senior incumbent of the current or a previously held classification. To bump, the employee must be fully qualified, trained, and perform all work in the position. For purposes of this section of the Agreement, the term "working days" shall mean Mondays through Fridays, exclusive of holidays. When an employee returns to work from a military protected leave, they will be reinstated as required by law. Should this result in bumping a current employee; the displaced employee will have bumping rights as set forth in this section. Section 5 - Re -Employment List The names of employees laid off or who through bumping changed classification in accordance with the provisions of this Article shall be entered upon a re-employment list in seniority order. The employee with the greatest seniority on the re-employment list, including those who exercised their bumping rights, shall be offered reinstatement first. Such notice of reinstatement shall be in writing with a copy to the employee, Union and Chapter Chair. If a laid off employee waives reinstatement or fails to respond within ten (10) working days of receipt of the notice, the employee shall be removed from the reemployment list. The person with the highest seniority including those who exercised their bumping rights on a re-employment list for a particular classification when a vacancy exists in that classification shall be offered the appointment. Names shall be carried on a re-employment list for a period of two (2) years from the date of separation from City services or change of classification through bumping. Upon re-employment within the two-year period, the employee's hire date of record at the time of layoff will be reinstated. When qualifications are in question, the City and SEIU will meet and confer. Section 6 - Sick Leave Balances Employees laid off pursuant to Section 2 who are reinstated to a regular position within sixty (60) days shall retain the sick leave balance they had at the time of layoff, unless they have received a sick leave payoff in accordance with Article XII. Page 15 of 85 Item 6: Staff Report Pg. 108 Packet Pg. 151 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 7 - Hourly Employees Performing Duties No representation unit employee will be laid off or remain on a re-employment list when hourly employees are performing substantially all the duties of the classification of the employee receiving a layoff notice or on a re-employment list. This provision shall not be applied to hourly positions which have been traditionally used for seasonal and part-time work. ARTICLE 6- PERSONNEL ACTIONS Section 1 - Probation Each new regular or part-time employee, except employees in police dispatch positions, shall serve a probationary period of twelve (12) months, commencing with the first day of his/her employment. Each new regular or part-time employee in dispatch positions will serve an 18 -month probationary period commencing with the first day of his/her employment. The probationary period shall be regarded as a part of the testing process and shall be utilized for closely observing the employee's work, for securing the effective adjustment of a new employee to his/her position, and for rejecting any probationary employee whose performance does not meet the acceptable standards of work. At least one written performance appraisal will be given to each probationary employee on or before expiration of the probationary period. This appraisal will be given approximately at the end of the sixth month and another at the end of the twelfth month for employees in police dispatch positions. In the event of termination prior to successful completion of the probationary period, such terminated employee shall be given written notice of his/her termination with the reasons for the termination stated therein. The Human Resources Department shall, upon request, afford an interview in a timely fashion to the terminated employee for discussion of the reasons for termination. The employee may, upon request, be accompanied by a Union representative. The interview shall not be deemed a hearing nor shall it obligate the City to reconsider or alter the termination action. The parties agree that probationary employees shall have all rights under this Memorandum of Agreement, including full and complete access to the grievance procedure, save and except for instances of suspension, demotion or termination. Section 2 - Personnel Evaluations Personnel evaluations will be given to employees annually as scheduled by Management. Personnel evaluations are not appealable through the grievance procedure but, in the event of disagreement over content, the employee may request a review of the evaluation with the next higher level of Management, in consultation with the Human Resources Department. For purposes of this review, the employee may be represented Page 16 of 85 Item 6: Staff Report Pg. 109 Packet Pg. 152 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy by the Union. Decisions regarding evaluation appeal shall be made in writing within ten (10) working days following the review meeting. Section 3 - Personnel Files Records of all disciplinary actions shall be kept in the central personnel file. Employees shall be entitled to sign and date all action forms in their personnel files. Employees are entitled to review their personnel files upon written request or to authorize, in writing, review by their Union representatives. An employee or the Union shall be allowed, upon reasonable request, copies of materials in an employee's personnel file relating to a grievance. Records of disciplinary actions, including references in a performance evaluation, shall be removed from a personnel file upon written request by the employee after a period of four years, or sooner as mutually agreed by Management and the employee so long as there have been no duplicated policy violations since the discipline (based on the Notice of Disciplinary Action) and the disciplinary action did not involve a violation of the City's anti -harassment policy, or state and federal harassment and discrimination laws. Section 4 - Release of Information The City will only release information to creditors or other persons upon prior identification of the inquirer and acceptable reasons for the inquiry. Information then given from personnel files is limited to verification of employment, length of employment and verification and disclosure of salary range information. More specific information may be released if authorized in writing by the employee, required by applicable law, or pursuant to a valid order of a court or administrative agency. Section 5 - Promotional Opportunities With the exception of Flexibly Staffed positions and Apprentice positions as described in Appendix B, the promotional procedures in this Section will control. A Flexibly Staffed position is a position where transition from one classification to another occurs when an employee has met the requirements for promotion to the higher classification and does not require a promotional process. A position is considered Flexibly Staffed when that position is budgeted at a higher classification than the position is currently filled. For example, if the City recruits for a Planner but ends up underfilling the position with an Associate Planner, the incumbent may be reclassified to a Planner once they qualify for that classification. Flexibly Staffed positions will be identified by mutual agreement using the following process: (1) Prior to posting the recruitment, the City will notify the Union that it intends to identify a position as Flexibly Staffed; (2) if the Union requests to meet over the Page 17 of 85 Item 6: Staff Report Pg. 110 Packet Pg. 153 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy designation, the recruitment will proceed and the Parties will discuss flexible staffing at Labor Management; (3) if the Union does not request to meet over the designation or if the Parties reach agreement to designate the position as Flexibly Staffed, the City will designate the position as Flexibly Staffed. a) Posting. Promotional opportunities for classifications within the representation unit will be posted for at least one (1) week prior to selection. Outside recruitment may be used for promotional openings and may begin at the time of posting, or any time thereafter. b) Internal Candidate Eligibility. All non -probationary representation unit employees are eligible to apply for posted promotional opportunities, except that Management may waive this requirement for all probationary employees within the department where the promotional opportunity occurs. c) Selection. The selection procedure for each promotional opening will be determined and administered by the Human Resources Department in consultation with the requisitioning department. Selection procedure and job description information will be available at the Human Resources Office and on the City's career website at the time of posting. Efforts will be made to standardize tests and procedures where standardization is feasible and appropriate. Any tests used shall be reasonably predictive of success in the classification, and tests not be biased with respect to race, sex, sexual orientation, religion, creed, political affiliation, color, national origin, ancestry, or age. Internal candidates who successfully complete the screening and testing process shall be granted an interview. The granting of an interview does not guarantee that the internal candidate will be selected for the position. Selection procedures may include any or all of the following phases: 1) Application. Both inside and outside candidates must complete a City of Palo Alto application form specified by the Human Resources Department. Applications must be submitted to the Human Resources Office. 2) Screening. Applications will be screened by the Human Resources Department and, in some circumstances, a manager from the Department seeking to fill a position to ascertain whether candidates meet minimum requirements as outlined in the job description. Internal candidates deemed not to meet minimum requirements may submit additional qualification information writing within three working days of notification of requirement deficiency. 3) Performance Testing. Performance tests, such as typing, machinery or vehicle operation, skills demonstration, physical agility, etc., will be qualifying. Pass -fail Page 18 of 85 Item 6: Staff Report Pg. 111 Packet Pg. 154 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy points will be announced in advance for qualifying tests. If requested in writing prior to the test, performance test may be witnessed by Union steward. 4) Written Tests. Written achievement or aptitude tests will be qualifying. Pass -fail points will be announced in advance for qualifying tests. 5) Interviews, Appraisals. Interviews may be conducted individually or by interview boards and will be qualifying. Interview boards shall be composed of qualified and unbiased people. Where interview boards are used, Management will include at least one bargaining unit employee on each board. If individual interview or an interview board is used, a majority of the individuals or board members must recommend a candidate in order for the candidate to qualify for appointment. Performance appraisals written by candidatessupervisors may be used as indicated in the selection procedure. d) Recommended Candidates. Candidates who successfully complete all phases of the selection procedure will be recommended to the appointing authority. e) Seniority. Seniority, for purposes of this Article, will be based on current service hire date of record in a regular classification with no adjustment for leaves of absence. Seniority ties will be determined in favor of the employee with the lowest employee number last four digits. Exceptions to this subsection may be established by mutual agreement on a departmental or divisional basis. Such exceptions are listed in Appendix E. f) Appointment. The appointing authority will make appointments from among those recommended candidates who are most qualified as determined by objective review of selection procedure results and background materials. Where appointments are made from only internal candidates who are equally qualified as determined by objective review of selection procedure results and past performance, seniority will be the determining factor in promotional appointments. g) Violations. Any violation of this Article may be appealed to the Human Resources Director in Step III of the grievance procedure. h) Eligibility List. Human Resources may maintain an eligibility list of those applicants who interviewed and were ranked within the top three (3). Candidates on an eligibility list will be considered for any vacant position in the classification for which the list exists, without the need to submit a new application under section (c)(1) of this provision. Page 19 of 85 Item 6: Staff Report Pg. 112 Packet Pg. 155 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 6 - Rights Unit employees applying for a vacant equal or lower paying position shall have the same rights as unit employees applying for a promotion. Section 7 - Aoorentice Positions The City shall establish apprentice positions wherever feasible. Length of apprenticeship, type of training, and pay levels shall be by mutual agreement. Where possible, apprentice positions will underfill regular positions so that incumbents may automatically progress to the classification for which they are training upon successful completion of apprenticeship. The City will meet and confer with the Union before adding any new apprenticeship programs during the term of this agreement. All apprenticeship programs are listed in Appendix B. Section 8 - Rotation In assigning employees to regular or special shifts, transfer, standby, overtime, or vacation selection, ability to perform the work, length of service or equitable rotation shall determine the assignments. In accordance with this provision, more definitive rules may be arranged by mutual agreement of the Union and individual City departments. ARTICLE 7 - PAY RATES AND PRACTICES Section 1- Salary The base salary rates and ranges for job classifications covered by this bargaining unit shall be increased as set forth in Appendix A to reflect salary increases for all positions in the unit and market adjustments to positions identified in the total compensation survey as under -market based on the survey results for base, cash, insurance and the normal cost of retiree medical (when such information is required by and verified through the CAFR), with total rates and ranges as set forth in Appendix A (Salary Schedule) attached hereto. Section 2 - Step Increases Merit advancements from the first salary step to the second salary step shall be granted upon successful completion of probation, and between second and subsequent steps at one-year intervals, if the affected employee has demonstrated continued improvement and efficient and effective service. For the purpose of determining step time requirements, time will commence on the first day of the month coinciding with or Page 20 of 85 Item 6: Staff Report Pg. 113 Packet Pg. 156 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy following entrance onto a salary step. Step increases shall be effective on the first day of the payroll period in which the time requirements have been met. Section 3 - Working Out of Classification The term "working out of classification" is defined as a Management authorized full-time assignment to a budgeted/approved position on a temporary basis wherein all significant duties are performed by an individual holding a classification within a lower compensation range. Out -of -classification provisions do not apply to work assignments performed in connection with specific predetermined apprenticeship or training programs, or declared conditions of public peril and/or disaster. Pay for working out of classification shall be as follows: a) Employees appointed to an "out of classification" will receive acting pay beginning the first day of the assignment and shall be paid for all hours worked in the higher classification provided the employee works a minimum of four (4) hours. b) Where out -of -class appointments last for more than 90 days, and whenever feasible, an out -of -class appointment will be rotated among qualified, interested employees in the work group. c) Employees will receive 5% premium pay for all assigned out of class pay for work within SEIU Classifications, except for lead assignments, where the out of class pay will result in a 7% premium pay. d) Employees appointed to "out of class" assignments that are in the Management and Professional Compensation Plan or in Utilities Management and Professional Association for at least one workweek will receive up to a 10% premium pay. Section 4 - Classification Changes During the course of this agreement, the Union and affected employees shall be notified in advance of any contemplated changes in classification description, wage range or steps. Such changes shall be subject to the meet and confer process. Such meet and confer process shall be concluded within no more than thirty (30) days following delivery of the City's notice to the Union. If the Union and the City cannot reach agreement on the appropriate pay level from a job so reclassified, the Union may, within ten (10) City business days following the conclusion of the meet and confer process described above by delivery of written notice to the Human Resources Director, refer the dispute over the proposed wage range or steps to arbitration at Step 4 of the Grievance Procedure set forth at Article 19 of this Memorandum of Agreement. Page 21 of 85 Item 6: Staff Report Pg. 114 Packet Pg. 157 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 5 - Reclassification Requests a) Effective Fiscal Year 2023-24, the Union may request in writing a re-evaluation of up to three (3) positions based on significant permanent changes in job content or significant discrepancies between job content and classification description. The request must be in writing, contain justification and may be made only on an annual basis during the period of January 10 through February 10. A statement by management that a job reevaluation request will be submitted with the departmental budget does not relieve the Union from the responsibility of submitting a request during this period. The Human Resources Director or their designee will initially respond to such requests within ninety (90) calendar days by notice to the employee and the union; however, this timeline may be extended if necessary. Such response shall include any reclassification to a different classification or changes in description that the City believes are warranted and any related changes in applicable pay range or steps. If meetings are held, the employee may request representation. If a reclassification is approved and results in an increase in salary, it shall be retroactive to the date the Employee or Union filed the request for the reclassification. b) If the employee or Union disagrees with the accuracy of the description of duties resulting from the study conducted pursuant to subsection (a) of this Section or with the wage range or steps assigned by the City as a result of the study, the employee or Union may, within ten (10) City business days of delivery of notice of such determination, appeal such decision under step 4 of Article 19, Grievance Procedure. c) In a dispute under Section 4or Section 5(b) above, the arbitrator shall render his or her decision on the appropriate wage range or steps within twenty-one (21) days after the initial hearing date. The same time line will be observed for disputes over the accuracy of the revised classification description. The parties will notify the arbitrator of this deadline at the time of the arbitrator's selection. In reaching a decision on wage range and steps under Section 4 or 5(b) above, the arbitrator shall base their award on the factors traditionally taken into account in the establishment of compensation. When deciding a dispute over the accuracy of the revised classification description under section 5(b) above, the arbitrator shall identify the modifications of the pre-existing classification necessary to accurately reflect the permanent changes, if any, that have been implemented. Upon receipt of the arbitrator's award, the City shall implement the revised classification and wage range or steps as provided in the award except as provided under subsection 5(c) of this section below. Notwithstanding an arbitrator's award pursuant to any appeal process, the City retains the right to forego implementing the changes and Page 22 of 85 Item 6: Staff Report Pg. 115 Packet Pg. 158 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy the proposed changes shall revert to the status quo as it existed before those changes in duties occurred or were proposed. d) An employee may submit a request for reclassification for the same classification no more than once every twenty-four (24) months. Section 6 - Assignment to a Lead or Senior Position All vacancies in lead positions shall be filled in accordance with Article VI, Section 5. The pay range for the lead position shall be a minimum of seven (7%) percent above the pay step of the highest paid employee on the crew. All vacancies in senior positions shall be filled in accordance with Article 6, Section 5. The top step of the pay range for the senior position shall be a minimum of seven (7%) above the top step of the pay range for the position below it in the series. Departmental exceptions for filling lead positions on a rotational basis for training and development purposes may be arranged by mutual agreement of the Union and individual City departments. Section 7 - Total Compensation and Survey Database Management and the Union agree to a compensation survey database structure which identifies specific benchmark classifications for job families, classifications within the job families of each benchmark classification, survey agencies and survey classification matches. Survey Cities include: Alameda Hayward San Mateo Berkeley Mountain View Santa Clara Daly City Redwood City S. San Francisco Fremont San Jose Sunnyvale If the employer list will not permit the production of a survey report that includes data from at least four (4) employers that employ employees in a classification comparable to the classification surveyed by the City, neither party is precluded from bringing forward information on other employers in the relevant recruitment area that employ workers in a comparable classification so that data from at least five (5) surveyed employers will be included in the study, if feasible. Such employer may include any public or private employer. The database is intended to provide one source of information concerning how the compensation paid to employees in bargaining unit job classifications compares to that paid by other employers. The City will update the survey database and send the Union a Page 23 of 85 Item 6: Staff Report Pg. 116 Packet Pg. 159 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy copy no later than August 31, 2024. This survey will be considered in connection with special adjustment proposals in successor agreement negotiations. By agreeing to a survey database, neither the Union nor the City is under obligation to propose or agree to special adjustments. Section 8 - Direct Deaosit The City shall directly deposit all paychecks for Unit employees in a financial institution of the employee's choice that accepts direct deposits and does not charge the City a fee(s) for direct deposit service. ARTICLE 8 - HOURS OF WORK, OVERTIME, PREMIUM PAY Section 1 - Work Week and Work Day The standard work week for regular full time employees shall be forty (40) hours to be worked within seven consecutive days, including the standard 5/8 work schedule, the 4/10 work schedule, the 9/80 work schedule, and flexible staffing for Dispatchers. Additional exceptions to the above are listed in Appendix C. The Union shall be notified of any further exceptions to this section in accordance with Article 3, Section 8. For purposes of the Fair Labor Standards Act (FLSA), the standard workweek shall begin at midnight on Sunday and end at 11:59pm on the following Saturday. However, the workweek of employees on the 9/80 schedule shall begin and end at the mid -point of the employee's 8 -hour workday, and the workweek for Dispatchers shall begin and end on the day designated by departmental policy. The City and the Union agree that the availability of alternate/flexible work schedules is a valuable benefit in that they promote job satisfaction while also reducing traffic congestion and air pollution. Employees may utilize flexible arrangements to attend trainings, seminars, meetings, or for other mutually agreed upon situations. Any such change to work hours shall be approved by the supervisor in advance and should not result in overtime. During the term of this agreement, employees, subject to the conditions of their job assignment, may propose an alternate work schedule as listed under this Section. Such proposals must be made to the department head through the immediate supervisor. Serious consideration will be given to the feasibility and productivity of such proposals, however Management retains the right to determine scheduling needs. Page 24 of 85 Item 6: Staff Report Pg. 117 Packet Pg. 160 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 2 - Overtime Work a) Overtime work for all unit employees shall be defined as any time worked beyond the standard workday or beyond the standard work week. All time for which pay is received shall count as hours actually worked for the computation of regular overtime pay; however, non-productive time will not be included in computation of any additional FLSA premiums. b) Emergency overtime is defined as unplanned overtime work arising out of situations involving real loss of service or property or personal danger. Emergency overtime does not include: overtime work resulting from personnel replacement for purposes of maintaining scheduled staffing; ii. overtime work which is planned in advance; iii. overtime work resulting from being held over for up to four hours to finish work performed during the regular shift. c) Compensation to employees working overtime will be in the form of additional pay at the rate of one and one-half times the employee's applicable hourly salary with the exception that an employee may request and, upon approval, be granted compensatory time off at the rate of one and one-half hours for each hour of overtime worked, subject to the limitations of applicable state and federal laws. Two times the employees' applicable hourly salary will be paid for billable customer convenience overtime and emergency overtime as defined in subsection (b) above. Employees may elect at any time to cash out compensatory time off hours or roll into vacation time, up to applicable maximums. These elections must be made via the Compensatory Time Cashout Form submitted to payroll and will take place the following pay period, if received by the form's due date. Any compensatory time off hours not taken, allocated, or cashed out will be automatically cashed out once a year during the last pay period in December. d) When an employee is required to work 6 or more hours of overtime (either emergency or pre -arranged) during the 16 hour period immediately preceding the beginning of the employee's regular shift on a workday, the employee shall be entitled to a nine (9) hour rest period before returning to work. When an employee is called back to work and works a minimum of three (3) hours of emergency overtime during the period at least eight (8) hours but not less than Page 25 of 85 Item 6: Staff Report Pg. 118 Packet Pg. 161 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy two (2) hours before the start of their regular work shift (e.g., for an employee with an 7:00am start time between the hours of 11:00pm and 5:00am), the employee shall be entitled to a six (6) hour rest period commencing at the time of release from duty. If the rest period overlaps the employee's regular work shift in whole or in part, they will be paid at the straight -time rate for the time that falls within their regular work shift. The City may require an employee to work during their designated rest period. However, in that event, the employee will be paid for the rest period plus straight time for the hours actually worked during the rest period (i.e., double time for hours worked during the rest period). If the rest period overlaps into the second half of the work day, the employee may be given (with supervisor approval) the remaining time off (up to a maximum of 3 hours) at the straight time rate of pay. Any portion of the rest period falling within the employee's work shift will be considered as hours worked and compensated at the straight time rate. e) If non -emergency overtime is canceled without at least 40 clock hours' notice, the City shall pay affected employees two (2) hours' pay at time and one-half. f) Employees working overtime who are too fatigued to continue or return to work, for safety reasons will be released from duty without compensation. g) Part-time Employees. Authorized hours worked by an employee in a budgeted, part-time position in excess of the scheduled hours of work of the position shall be compensated at the employee's applicable hourly rate up to the maximum of non -overtime hours in the work period applicable to the employee. If a part-time employee works more than 80 hours in a pay period then overtime will be paid in accordance with the FLSA. Section 3 - Work Shifts All employees shall be assigned to work shifts with scheduled starting and quitting times. Should conditions necessitate a change in starting and quitting times, the Union will be notified ten (10) working days in advance and permitted to discuss such changes with the City. This, however, shall not preclude the City's right to effect schedule changes dictated by operational necessity. This section does not apply to overtime scheduling. Section 4 - City -Paid Meals In accordance with City policy, the City of Palo Alto bases its meal reimbursement limits on the U.S. General Services Administration (GSA) per diem rates. Those rates are Page 26 of 85 Item 6: Staff Report Pg. 119 Packet Pg. 162 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between sEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy adjusted every October. For overnight travel per diem rates, the City reimburses based on the rates applicable to the destination of travel, as provided by the GSA at http://www.gsa.gov/portal/category/100120. For non -travel meals, the City will reimburse up the maximum GSA rates for the Palo Alto area. Receipts are required to back-up these expenses. a) Emergency overtime meals. For purposes of this section, emergency overtime is defined as unplanned overtime arising out of situations involving real loss of service or property or personal danger. The City agrees to reimburse for meals based on GSA maximum rates for the Palo Alto Area and will provide meals in the following emergency overtime situations: 1) When an employee is called back and is on duty for a period of three consecutive hours, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. OR, 2) When an employee is held over on duty so that his/her overtime assignment extends two hours after shift end, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. OR, 3) When an employee is called out two hours or more before a regularly scheduled day shift and works the regularly scheduled shift, he/she will be entitled to breakfast and lunch. Lunches will be consumed on employee's own time. No in -lieu pay will be made for meals not taken. This sub -section does not apply if already covered in Section 4(a)(1) above. 4) When recalled two hours or less after the end of a regular shift, unless assigned to standby. b) Non -emergency overtime meals. The City will provide meals for personnel assigned to non -emergency overtime work where the assignment extends two hours after the regular or overtime shift end and at intervals of five hours thereafter. c) With regard to (a) and (b) above, the City agrees to reimburse for meals based on GSA maximum rates for the Palo Alto Area. Where possible, the City will arrange purchase orders at mutually agreeable restaurants. The time necessarily taken to consume a meal provided under this section shall be considered as time worked to a maximum of one hour, except as noted in (a) (3). Page 27 of 85 Item 6: Staff Report Pg. 120 Packet Pg. 163 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy d) With regard to (a) and (b) above, in the event an employee is to be provided a meal or meals pursuant to this section and such meal(s) are not provided due to working conditions, the employee shall have the option of receiving for each meal not provided an additional one hour of overtime compensation in lieu of such meal. This hour will not be considered as time worked or part of the rest period, but will be applied to qualify for the rest period. e) Emergency overtime meals for Public Safety Dispatchers. The Police Department will provide meals to employees in an emergency overtime situation involving real or potential loss of service or personal danger. 1) When an employee is called back and is on duty for a period of three consecutive hours, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. 2) When an employee is held over on duty so that their overtime assignment extends two hours after shift end, and thereafter at intervals of five hours, but not more than six hours, until the continuous overtime assignment ends. 3) When an employee is called out two hours or more before a regularly scheduled shift. The employee will be entitled to two meals, the second meal will be consumed on the employee's own time. No in -lieu pay will be made for meals not taken. 4) When recalled two hours or less after the end of a regular shift, unless assigned to standby. f) Non -emergency overtime meals for Public Safety Dispatchers. The Police Department will provide meals to employees in non -emergency situations where the assignment extends more than two hours after the regular or overtime shift end and at intervals of five hours thereafter. If the City is unable to provide a meal, the City agrees to reimburse for meals based on GSA maximum rates for the Palo Alto Area. This policy only applies when an employee is held over, either voluntary or mandated, on duty beyond a scheduled regular or overtime shift. Section 5 - Break Periods All employees shall be granted a break period or coffee break limited to 15 minutes during each four hours of work. Departments may make reasonable rules concerning break period scheduling. Break periods not taken shall be waived. Page 28 of 85 Item 6: Staff Report Pg. 121 Packet Pg. 164 of 462 City of Palo Alto and SEIU Local 521 January 1, 2025 - December 31, 2027 Section 6 - Clean -Up Time Item 6 Attachment B - MOA between SEIU 521 and the City of Palo Alto - Clean copy All employees whose work causes their person or clothing to become soiled shall be provided with reasonable time before lunch and at shift end for wash-up purposes. Section 7 - Standby Pay, Call -Out Pay a) Standby Compensation Employees performing standby duty shall be compensated at the daily rates established below: On a Regular Workday (14 to 16 -hours of Standby) $70 On a Regular Day Off (e.g., Weekends and Holidays) (24 -hours of Standby) $100 In the event of a declared City emergency, this section applies to standby assigned in accordance with applicable department policy. b) Minimum Call -Out Pay Employees who are called out to work after leaving the worksite for the day shall be compensated for at least two hours' pay from the time of the call -out at the appropriate overtime rate. Employees who work more than two (2) hours after being called out shall be compensated for all hours worked outside of their normal shift at the overtime rate. Employees will receive two (2) hours of pay for each callout. However, they will not receive callout pay when they are already in paid status (e.g., when a second call comes in within two (2) hours after the initial callout), except as provided in (c) below. Effective the first full pay period following the later of January 1, 2025 or City Council approval of the MOA, the two-hour minimum shall apply to employees called out to work while earning pay for being in a standby status. Section 8 - Night Shift Premium Night Shift premium is paid at a rate of 6% of an employee's base hourly rate. Night Shift premium is paid only for hours actually worked between 6:00 p.m. and 8:00 a.m. Employees who regularly work night shifts shall receive appropriate night shift premiums, Page 29 of 85 Item 6: Staff Report Pg. 122 Packet Pg. 165 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy relating to night shift hours worked, in addition to base pay for holidays, sick leave and vacation. In order to be eligible for night shift premium, an employee must meet the following criteria: a) Be assigned to a shift on a regular basis which is scheduled for at least 2 hours between the hours of 6:00 p.m. and 8:00 a.m.; b) Or be assigned to work another employee's regularly assigned shift which is scheduled for at least 2 hours between the hours of 6:00 p.m. and 8:00 a.m.; c) Or if your schedule is temporarily changed under Section 3 of this article which is scheduled for at least 2 hours between the hours of 6:00 p.m. and 8:00 a.m. The following are excluded from eligibility for night shift premium: a) Overtime hours; b) Alternate work schedules at an employee's request which overlap with the hours of 6:00 p.m. and 8:00 a.m. Section 9 - Bilingual Premium Sixty dollars ($60) per pay period shall be paid to a bilingual employee whose abilities have been determined by the Human Resource Director as qualifying to fill positions requiring bilingual speaking and/or writing ability when the employee regularly performs such duties. The Human Resource Director will determine the number, timing, location and duration of the assignments receiving the additional pay provided herein and which languages are needed. Sign language shall be recognized as a bilingual skill under this Article. Disagreements over the designation of positions will be referred first to the Labor Management Committee. If a disagreement still exists it will be referred to the Grievance Procedure. Human Resources will respond to the employee within sixty calendar (60) days after receipt of request. Upon approval by the Human Resources Director, the City is required to arrange for language testing within four (4) months of the approval. Employees receiving bilingual pay must provide interpreter services upon request. Bilingual pay may be revoked if the employee no longer regularly performs duties involving bilingual speaking or writing. The City may require any employee receiving bilingual pay to re -certify (test) based on observed skill or lack of use. Section 10 - Communications Training Officer (CTO) Compensation Public Safety Dispatchers and Chief Public Safety Dispatchers identified by Management to work as a Police Officers Standards and Training (POST) certified CTO will be compensated at a premium pay rate of five (5) percent. The premium pay is provided Page 30 of 85 Item 6: Staff Report Pg. 123 Packet Pg. 166 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy only for those hours spent as a CTO training a probationary dispatcher while on -duty in the Dispatch Center. ►el:iI['II* 1►11Y01.1►Ti&T_1►IIlkt9191We14X91Yi%1►[s1*1 Section 1- Uniforms a) The City will provide uniforms, coveralls or shop coats on a weekly basis, or as otherwise furnished, for the following jobs and/or classifications and any positions necessary or required as determined by management. Animal Control Officer Assistant Storekeeper Associate Engineer - Pretreatment Auto Service Mechanic Building Service Person - Lead Building Service Person Cathodic Technician Cement Finisher - Lead Cement Finisher Chemist Community Service Officer (CSO) Electrical Assistant Electrician Apprentice Electrician Lead Engineering Technician III - Refuse Equipment Operator Equipment Operator - Lead Facilities Carpenter Facilities Electrician Facilities Maintenance - Lead Facilities Mechanic Facilities Painter Field Serviceperson Gas System Shop/Field Repairer Gas System Technician I Gas System Technician II Golf Course Equipment Mechanic Golf Course Maintenance Person Heavy Equipment Operator - Lead Heavy Equipment Operator Industrial Waste Inspector Page 31 of 85 Item 6: Staff Report Pg. 124 Packet Pg. 167 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Industrial Waste Investigator Instrumentation Electrician Laboratory Technician, Water Quality Control Line Person/Cable Splicer Line Person/Cable Splicer - Lead Mail Services Specialist Maintenance Mechanic/Maintenance Mechanic, Water Quality Control Mechanical Unit Repairer Meter Reader Meter Reader — Lead Mobile Service Technician Motor Equipment Mechanic - Lead Motor Equipment Mechanic Offset Equipment Operator - Lead Offset Equipment Operator Park Maintenance Assistant Community Services Officer Park Maintenance Person Park Crew - Lead Park Maintenance - Lead Park Ranger Parks & Open Space Assistant Police Records Specialist Refuse Disposal Attendant Senior Chemist Senior Industrial Waste Inspector Senior Industrial Waste Investigator Senior Instrumentation Technician Senior Operator, Water Quality Control Senior Mechanic, Water Quality Control Senior Park Ranger Sprinkler System Repairer Street Maintenance Assistant Storekeeper Storekeeper -Lead Street Sweeper Operator Traffic Control Maintainer - Lead Traffic Control Maintainer II Traffic Control Maintainer I Tree Trimmer -Line Clearer Tree Maintenance Assistant Tree Trimmer -Line Clearer Assistant Tree Trimmer -Line Clearer - Lead Page 32 of 85 Item 6: Staff Report Pg. 125 Packet Pg. 168 of 462 City of Palo Alto and SEIU Local 521 January 1, 2025 - December 31, 2027 Tree Maintenance Person Truck Driver Utilities Compliance Technician Utility Field Service Representative Utility Installer/Repairer Utility Installer/Repairer Assistant Utility Installer/Repairer— Lead Utility Locator Water Meter Cross Connection Technician Water System Operator - Lead Water System Operator Water System Operator I Water System Operator II Water Quality Control Plant Operator Item 6 Attachment B - MOA between SEIU 521 and the City of Palo Alto - Clean copy b) Coveralls will be made available for occasional use as needed to protect clothing for the following classifications and any positions necessary or required as determined by management. Building Inspector Building Inspector Specialist Building Service Person - Lead Cable Splicer Assistant Chief Electric Underground Inspector Electrical Assistant Electrician Facilities Mechanic/Painter Heavy Equipment Operator Lineperson/Cable Splicer Park Ranger Senior Park Ranger Utility Field Service Representative Sprinkler System Repairer Utility Installer Assistant Utility Installer/Repairer Utility Installer/Repairer - Lead c) Employees required to wear uniforms shall be provided suitable change rooms and lockers where presently provided. Page 33 of 85 Item 6: Staff Report Pg. 126 Packet Pg. 169 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy d) Employee clothing seriously damaged or destroyed in conjunction with an industrial injury will be reasonably replaced by the City. Any other claims alleging City liability may be filed with the City Attorney. e) Except in the Utilities Division, the City will make available, as an alternative to the shirts currently provided under Section 1(a), six (6) cotton polo shirts. Employees in the Utilities Division will be provided with six (6) long -sleeve shirts and two polo shirts. Employees will be responsible for laundering the shirts. Damaged or otherwise unwearable shirts will be returned to the employee's supervisor and replaced by the City. f) Employees are responsible for laundering Park Ranger and Senior Park Ranger uniforms. g) The City will meet and confer with the Union regarding any mandated changes to uniforms. h) In accordance with California Code of Regulations (C.C.R.) section 571(a) the estimated value of City provided uniforms is $21.28 per pay period. Section 2 - Tool Allowance a) Mechanics in Equipment Maintenance, Park Maintenance Lead, Motorized Equipment Mechanic and Mobile Service Technician shall be paid a tool allowance of $1000 annually upon verification of purchase by the employee. b) Parties will meet and confer to determine if additional classifications require tool allowance. Section 3 - Shoe Allowance a) Safety Shoes. The City will pay the vendor or reimburse full-time employees up to $400 per fiscal year for the cost of job -related safety shoes upon verification of such purchase by the employee. b) Walking Shoes. The City will reimburse employees 75% of the cost of job -related walking shoes for any positions necessary or required as determined by management including Meter Reader and Meter Reader -Lead, in an amount not to exceed $300.00 per year. A walking shoe is a durable work shoe/boot (non steel -toed), is ankle supporting; oil, gas and slip resistant; waterproof or water resistant; lightweight and durable; and also provides hard surface cushioning. Page 34 of 85 Item 6: Staff Report Pg. 127 Packet Pg. 170 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy c) Additional Boot Reimbursements. Employees in the Park Ranger Classification will receive an additional $200 per year to account for the additional cost of wildland fire boots for a total Safety Shoe reimbursement of $600. Employees in the Lineperson series will receive an additional $200 per year to account for the additional cost of climbing boots for a total Safety Shoe reimbursement of $600. Section 4 — Certifications The parties agree to retain the current list of required certifications below. Employees who are required to maintain commercial driver's licenses shall have costs for medical examinations paid by: a) Completing an examination through their PEMHCA provider. After benefits have been paid by the PEMHCA provider, upon presentation of proper documentation, the City will reimburse any remaining costs, or b) Completing an examination at the Workforce Medical clinic or other City designated clinic. Employees may use paid leave for attendance at scheduled medical examinations. Employees shall be permitted to use up to two hours of regular City -paid time for attendance at biannual medical examinations. The scheduling of such time shall be preauthorized by the employee's supervisor. c) The City will pay special registration and/or certification fees which are required by Management. During the term of this agreement, the City and the Union may, by mutual agreement, review, add or delete classifications and/or required certifications listed below: Claccifiratir n Facilities Technician Building Inspector/ Buildg Inspection Specialist Cathodic Technician Engineer Professional Equip Maint Sery Pers. Golf Course Maint Pers. Requirement Aquatics Facility Operator Certificate Certificate as stated in job description Corrosion Technician by the National Assoc. of Corrosion Engineers Professional Engineer Cert. (for step E) Forklift Operator Cert. (OSHA -approved) Qualified Applicators' License Heavy Equipment Operator Crane Operation Certificate Page 35 of 85 Item 6: Staff Report Pg. 128 Packet Pg. 171 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy (Utilities and Electric) Indust. Waste Inspector Backflow Prevention Device Tester Inspector Field Services, Utilities D1 (DOH) Hired before July 1, 2012 Installer/Repairer Series D1 (DOH) Maintenance Mechanic Crane Operator Certification (Water Quality) Mech. Unit Repairer Welding Certificate Motor Equip Mechanic and Lead EMS, ASE Planner, Associate Planner AICP Senior Planner Public Safety Dispatcher POST Basic Dispatcher EMD Public Safety Dispatcher, Lead POST Basic Dispatcher POST Supervision EMD Senior Operator, WQC Grade III Wastewater Treatment Plant Operator Certification Surveyor, PW Licensed Land Surveyor Tree Trimmer/Line Clearer Certified Tree Worker and/or Qualified Line Clearance/Tree Trimmer Cert. (OSHA -approved) Tree Trimmer/Line Clearer -Lead Certified Arborist Utilities Install/Rep series Polyethylene Fusing Cert. Gas Operator Certification (DOT) Page 36 of 85 Item 6: Staff Report Pg. 129 Packet Pg. 172 of 462 City of Palo Alto and SEIU Local 521 January 1, 2025 - December 31, 2027 Veterinarian Technician Water System Operator I Water System Operator II Senior, Water System Operator WQC Plant Operator I WQC Plant Operator II WQC Plant Operator Trainee Water Meter Cross - Connection Technician Item 6 Attachment B - MOA between SEIU 521 and the City of Palo Alto - Clean copy Animal Health Tech. Certification Grade DI — Water Distribution Operator Grade DII — Water Distribution Operator & Grade TII — Water Treatment Operator Grade DIII — Water Distribution Operator & Grade Till Water Treatment Operator Grade I Wastewater Treatment Operator Certification. Grade II Wastewater Treatment Operator Certification Grade I Wastewater Treatment Operator Certification Backflow Prevention Tester Certification d) The City will pay for the Department of Motor Vehicles (DMV) licensing fees for all employees required to maintain a Commercial Driver's License in accordance with the California Vehicle Code and applicable laws prescribed by the Department of Transportation. e) Effective the first full pay period following the later of January 1 or the adoption of the MOA, and upon verification that the certification is held: Page 37 of 85 Item 6: Staff Report Pg. 130 Packet Pg. 173 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy •1U,TITTOY — Utility Project Coordinator* Backflow Tester and $4,000, WGW Utilities Field Inspector* Specialist and upon recertification Heavy Equipment Operator Electric Heavy Equip Operator Maintenance Mechanic Crane Operator (j) $3,000 Lineperson/Cable Splicer Annually Lineperson/Cable Splicer Lead Associate Engineer Assistant Engineer Associate Power Engineer Assistant Power Engineer Professional Engineer $4,000 Engineer Tech I Engineer Tech II Engineer Tech III Building Inspector Specialist Each certification Building Inspector above minimum to a $50 Monthly Senior Building Inspector max of four (4) (g) Water System Operator II $5000 Senior Water System Operator D5 Annually Park Ranger $3,000, Senior Park Ranger Emergency Medical and upon Tech (EMT) recertification Utility Installer/Repairer Utility Installer/Repairer Lead Pipeline Welding 4% Pay Premium Assignment (f) Maintenance Mechanic - Welding *When assigned to WGW Operations Page 38 of 85 Item 6: Staff Report Pg. 131 Packet Pg. 174 of 462 City of Palo Alto and SEIU Local 521 January 1, 2025 - December 31, 2027 Water Quality Control Operator I Water Quality Control Operator II Sr Water Quality Control Op Plant Mechanic (WQC) Electrician (WQC) Chemist Senior Chemist Water System Operator I Water System Operator II Senior Water System Operator Laboratory Technician WQC Inspector Field Services** One (1) certification above what is required in the Job Description (h) Item 6 Attachment B - MOA between SEIU 521 and the City of Palo Alto - Clean copy 1% of Annual Salary as a lump sum **When assigned to Utilities Installer/Repairer Series f) Pipeline Welding Assignment. The Utility Installer -Repairer and Utility Installer -Repairer Lead positions that fail to maintain current certifications will not receive a 4% premium on their base pay. Positions assigned these duties and designated by Management to receive this premium will not exceed five (5) Utility Installer/Repairer(s) and Installer/Repairer Lead(s). If the certification is required in the job description, certification must be maintained. In accordance with their job description, Maintenance Mechanics assigned to Water Gas Wastewater must maintain all required certifications and shall receive 4% premium to their base pay for pipeline welding. g) Building Inspector Certifications: Employees in the classifications of Building Inspector, Building Inspector Specialist and Sr. Building Inspector may receive $50 per month per certification above the minimum requirement of the classification up to a maximum of 4 additional certifications (maximum $200/month or $2400 annually). Premiums will not be paid if certification is not maintained or if employee is not employed in a covered classification. • International Code Counsel (ICC) o Residential Building Inspector o Residential Mechanical Page 39 of 85 Item 6: Staff Report Pg. 132 Packet Pg. 175 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy o Residential Plumbing o Residential Electrical o Commercial Building Inspector o Commercial Mechanical o Commercial Electrical o Commercial Plumbing o CALGreen Building Inspector/Plans Examiner o Accessibility Inspector/Plans Examiner • Department of State Architect (DSA): Certified Access Specialist CASp • US Green Building Council LEED BD+C • or equivalent as defined by the Chief Building Official h) Water and Wastewater System Operator Certification. Employees classified in the following positions: Water Quality Control Plant Operators I and II, Senior Operator Water Quality Control, Plant Mechanics and Electricians assigned to Water Quality Control, Laboratory Technician Water Quality Control, Chemist, Senior Chemist, Water System Operators I and II, Senior Water Systems Operator, Inspector, Field Services assigned to Utilities and Installer Repairer Job Series may be eligible to receive a 1% base pay premium for certifications required by the Department of Health, California Water Environment Association and/or the State Water Resources Control Board. Employees within these job classifications that have successfully completed probationary requirements may request an annual payment of one (1) percent for one (1) certification that is above those listed in their job description. An employee who qualifies for this payment shall be paid 1% of the employee's annual base salary once per year. The employee shall be responsible for providing the City with written documentation that the employee has obtained and is maintaining the qualifying certification on an annual basis. Premiums will not be paid if certification is not maintained. Eligible employees should verify certification will qualify for the premium before attempting certification. The Union and the City will update the job descriptions to reflect newly required certifications with no further adjustments to base salary. Payments will not exceed a maximum of one (1%) percent per year, and will take effect in the pay period following the verification of certification. All costs for obtaining certifications above what the job description requires will be the responsibility of the employee and may be paid for by using the City's tuition reimbursement program. i) In accordance with Cal -OSHA regulations any employee who operates a forklift must have Forklift Operator Certification. Training to be provided by the City. j) Crane Certification. A Heavy Equipment Operator, Electric Heavy Equipment Operator, Line Person, Line Person Lead, or Maintenance Mechanic who Page 40 of 85 Item 6: Staff Report Pg. 133 Packet Pg. 176 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy possesses the legally required certification for operation of any crane will receive $3,000 the first full pay period following the later of January 1 in each year, or the adoption of the MOA, and upon verification that the certification is held. Heavy Equipment Operator (Electric) must possess a Crane certification regardless of hire date. Any employee hired on or after July 1, 2012 may be required to obtain and possess crane certification. For any other employee hired prior to July 1, 2012 crane certification shall be desirable (not required) except under the following circumstances: a) There are insufficient employees in the classification (Heavy Equipment Operator [exclusive of Electric], Lineperson, Lineperson Lead or Maintenance Mechanic) who possess the certification to perform the work; b) The Manager has sought volunteers and no employee in the classification has volunteered to train for the certification; c) All things being equal, the manager has selected the least senior employee in the classification who is judged by the City most likely to successfully complete the training and obtain crane certification. d) The Manager will allow up to three attempts to pass the crane certification for any employee hired before July 1, 2012 who has been involuntarily assigned to acquire the crane certification. Related training and test costs shall be borne by the City. No employee hired before July 1, 2012 shall be disciplined or discharged for failure to acquire a Crane certification. Section 5 - Weather Protection. The City will provide rainy weather foot protection and one summer hat for the classification of Community Services Officer. ARTICLE 10 - HOLIDAYS Section 1- Fixed Holidays Except as otherwise provided, employees within the representation unit shall have the following fixed holidays with pay: January 1 Third Monday in January (Martin Luther King Day) Third Monday in February Page 41 of 85 Item 6: Staff Report Pg. 134 Packet Pg. 177 of 462 City of Palo Alto and SEIU Local 521 January 1, 2025 - December 31, 2027 Last Monday in May July 4 First Monday in September Second Monday in October Veterans' Day, November 11 Thanksgiving Day Day after Thanksgiving December 25 Winter Floater (see below) Item 6 Attachment B - MOA between SEIU 521 and the City of Palo Alto - Clean copy In the event that any of the aforementioned days falls on a Sunday, the following Monday shall be considered a holiday. In the event that any of the aforementioned days falls on a Saturday, the preceding Friday shall be considered a holiday. Exceptions to this provision are listed in Appendix E. Winter Floater. Employees shall be excused with pay for a full work shift on a day mutually agreed to by the employee and their supervisor during the month of December. If employees are not excused pursuant to this provision, one shift of vacation credit will be added to their vacation accrual. Day of Reflection. In addition to the paid holidays listed above, employees shall be excused with pay for one full work shift as a day of reflection (floating holiday) per calendar year. Employees may use the floating holiday on any day mutually agreed by the employee and their supervisor for a Day of Reflection, including: Juneteenth Freedom Day (June 19) or Cesar Chavez/Dolores Huerta Day (March 31). Day of Reflection not used by the end of the calendar year will be deemed forfeited and have no cash value. Section 2 - Pay for Fixed Holidays a) All employees shall be paid a full day's pay at their regular straight time base hourly rate for all fixed holidays as defined herein. b) An employee must be in a pay status on the workday preceding the holiday to be eligible to be compensated for a holiday. This subsection does not apply to an employee who is on an unpaid medical leave of absence of less than five (5) days. Section 3 - Work on Fixed Holida Any employee required to work on a fixed holiday shall be paid time and one-half for such work in addition to his or her regular holiday pay. Work on a fixed holiday beyond the number of hours in a regular shift shall be compensated at double time and one-half. Page 42 of 85 Item 6: Staff Report Pg. 135 Packet Pg. 178 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Employees who work a schedule where a regular day off falls on a holiday will accrue the holiday hours they would have normally worked on that day. If an employee has more than four (4) days of holiday time accrued the City will automatically cashout these additional hours. This does not impact the employee's ability to cashout or transfer to deferred comp holiday hours below the four (4) day threshold. Section 4 - Variations in Work Week a) An employee whose work schedule requires that their regular days off be other than Saturday and/or Sunday shall have an additional day off scheduled by the department in the event a fixed holiday falls during his or her regularly scheduled day off. Every attempt will be made to schedule the day on a mutually agreeable basis. If the day cannot be so scheduled, the employee shall be paid for the day at the straight time base rate. b) Fixed holidays which fall during a vacation period or when an employee is absent because of illness shall not be charged against the employee's vacation or sick leave balance. c) If conditions necessitate a departmental closure impacting employees' regular schedules, management will work with employees to provide assignments unless the employee chooses to take unpaid time off or use paid time off in the form of vacation, personal business or compensatory time. Section 5 - Floating Days Off Employees hired on or before July 1, 2012 will be credited with 3 floating holidays to be scheduled for use by mutual agreement by employee and supervisor. In no event will FH be convertible to cash or other benefits in lieu of Floating Holidays. Employees hired after 7/1/12 will not receive any floating holidays. Floating Holidays not used by the end of the fiscal year will be deemed forfeited. Section 1- Vacation Accruals Each employee shall be entitled to an annual paid vacation, accrued as follows: a) First day of continuous service through the last day of the fourth (4th) year: eighty (80) hours vacation per year. Page 43 of 85 Item 6: Staff Report Pg. 136 Packet Pg. 179 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy b) First day of the fifth year of continuous service through the last day of the ninth (9th) year: one -hundred and twenty (120) hours vacation per year. c) First day of the tenth (loth) year of continuous service through the last day of the fourteenth (14th) year: one -hundred and sixty (160) hours vacation per year. d) First day of the fifteenth (15th) year of continuous service through the last day of the nineteenth (19th) year: one -hundred and eighty (180) hours vacation leave per year. e) Twenty (20) or more years: two -hundred (200) hours vacation leave per year. Vacation accrual will be prorated based on hours in paid status. Employees may accrue up to three (3) times their annual vacation accrual (e.g., an employee who accrues 80 hours per year has an accrual cap of 240 hours). As long as there is no interference with departmental operations, there shall be no unreasonable restriction of use. At the time of initial appointment, or to address an identified retention issue the City may credit an employee for prior experience or special expertise, including prior years of public service in a city, county, special district, state, or federal government agency, up to a maximum of five (5) years' service towards their rate of vacation accrual. The City Manager or designee shall identify the number of years for which the employee will receive credit (up to the five (5) year maximum). Section 2 - Holiday Falling During Vacation In the event a fixed holiday as defined in Article X falls within an employee's vacation period, which would have excused the employee from work (and for which no other compensation is made), additional hours for such holiday shall be added to their vacation accrual. Section 3 - Illness During Vacation When an employee becomes ill while on vacation and such illness can be supported by a statement from an accredited physician or the employee is hospitalized for any period, the employee shall have the period of illness charged against sick leave and not against vacation leave. Page 44 of 85 Item 6: Staff Report Pg. 137 Packet Pg. 180 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 4 - Accrued Vacation Pay for Deceased Employees Upon presentation of an affidavit or declaration meeting the requirements of Section 13601 of the Probate Code, a surviving spouse is entitled to prompt payment of compensation owed to the deceased employee (including final paycheck and accrued but unused vacation) up to the amount provided for in Probate Code Section 13601(e) ($18,450 in 2024). The value of any remaining accrued but unused vacation hours shall be paid to their estate pursuant to state law. Payment of vacation hours will be computed at the deceased employee's last basic rate of pay. Section 5 - Effect of Extended Military Leave An employee who interrupts service because of extended military leave shall be compensated for accrued vacation as provided by law, including the ability to use vacation leave accrued before deployment rather than unpaid leave during their deployment. Section 6 - Vacation at Termination Employees leaving the municipal service with accrued vacation leave shall be paid the amounts of accrued vacation to the date of termination. Section 7 - Vacation Cash Out Once each calendar year an employee may cash out eight (8) or more hours of vacation accrual in excess of eighty (80) hours, to a maximum of one -hundred and twenty (120) hours, provided that the employee has taken eighty (80) hours of vacation in the previous twelve (12) months. 1. To be eligible for cash out vacation, employees must pre -elect the number of vacation hours they will cash out during the following calendar year up to maximum of 120 hours, prior to the start of that calendar year. The election will apply only to vacation hours accrued in the next tax year and eligible for cash out. 2. The election to cash out vacation hours in each designated year will be irrevocable. Employees who elect to cash out vacation hours must cash out the number of accrued hours pre -designated on the election form provided by the City. 3. Employees who do not pre -designate or decline a cash out amount by the annual deadline established by the City will not be eligible to cash out vacation hours in the next tax year. Page 45 of 85 Item 6: Staff Report Pg. 138 Packet Pg. 181 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy 4. Employees who pre -designate cash out amounts may request a cash out at any time in the designated tax year by submitting a cash out form to Payroll. Payroll will complete the cash out upon request, provided the requested cash out amount has accrued and is consistent with the amount the employee pre -designated. If the full amount of hours designated for cash out is not available at the time of cash out request, the maximum available will be paid. 5. For employees who have not requested payment of the elected cash out amount by November 1 of each year, Payroll will automatically cash out the pre -designated amount in a paycheck issued on or after the payroll date including November 1. ARTICLE 12 - LEAVE PROVISIONS Section 1- Sick Leave a) The City shall provide each employee with paid sick leave, earned on a biweekly basis, at the rate of ninety-six (96) hours per year for full time employees. Employees will accrue sick leave at a rate of three point seven (3.7) hours per pay period. Sick leave accrual will be prorated based on hours in paid status. Sick leave accrual accumulation shall be limited to 1,000 hours b) Use of Sick Leave. Sick leave shall be allowed and used in cases of actual personal sickness or disability, medical or dental treatment, or as authorized for personal business. Sick leave may be used for illness in the immediate family, including registered domestic partner, or other individuals required by law. A new employee may, if necessary, use up to forty-eight (48) hours of sick leave at any time during the first six (6) months of employment. c) An employee who has been disabled for 60 consecutive days and who is otherwise eligible both for payment under the long-term disability group insurance coverage and accrued sick leave benefits may, at their option, choose either to receive the long term disability benefits or to utilize the remainder of his/her accrued sick leave prior to applying for long-term disability benefits. d) Sick leave will not be granted for illness occurring during any leave of absence unless the employee can demonstrate that it was necessary to come under the care of a doctor while on such other leave of absence. e) Return to Work With Limited Duty. Upon approval of department management and the City Risk Manager, an employee may return to work for doctor -approved limited duty. Approval for return to work shall be based upon department ability to provide work consistent with medical limitations, the location of the work assignment, and Page 46 of 85 Item 6: Staff Report Pg. 139 Packet Pg. 182 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy the length of time of the limitations. The City doctor may be consulted in determining work limitations. f) If an employee's illness results in an absence from work for more than three (3) consecutive work days or twenty-four (24) continuous hours, whichever is greater, a doctor's certificate or other proof of illness may be required. The department head or designee may require a doctor's certificate or other proof of illness when there is reasonable cause of misuse. g) Leave Committee During the term of this Agreement, upon request by either party, the parties will meet with the goal of developing alternate leave models, such as "Paid Time Off" or other similar benefits. Any changes implemented during the term of this agreement must be by mutual agreement only. Section 2 - Bereavement Leave a) Leave of absence with pay of three (3) days shall be granted an employee by the head of his or her department in the event of death in the employee's immediate family, which is defined for the purposes of this section as wife, husband, son, step -son, son-in-law, daughter, step -daughter, daughter-in-law, mother, step- mother, mother-in-law, father, step -father, father-in-law, brother, brother-in-law, step -brother, sister, step -sister, sister in- law, grandmother, grandmother -in-law, grandfather, grandfather -in-law, grandchildren, aunt, uncle, niece, nephew, registered domestic partner, or a close relative residing in the household of the employee. Such leave shall be at full pay and shall not be charged against the employee's accrued vacation or sick leave. Request for leave with pay in excess of three (3) days shall be subject to the written approval of the City Manager. Approval of additional leave will be based on the circumstances of each request with consideration given to the employee's need for additional time. b) Employees may supplement the paid bereavement leave in paragraph (a) with accrued leave (including vacation or sick leave) or unpaid leave to reach a total of five (5) workdays of time off per incident of bereavement. Section 3 - Military Leave The provisions of the Military and Veterans' Code of the State of California shall govern the granting of military leaves of absence and the rights of employees returning from such leaves. Consistent with the Military and Veterans Code, the City of Palo Alto shall pay employees in SEIU bargaining unit their regular salary, salary differential, and all available benefits for up to thirty days per calendar year. Page 47 of 85 Item 6: Staff Report Pg. 140 Packet Pg. 183 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 4 - Leave Without P a) Disability. Leaves of absence without pay may be granted in cases of disability not covered by sick leave. Pregnancy will be considered as any other disability. Leaves of absence for disability are subject to physicians' verification including diagnosis and medical work restriction. b) Family Leave. Family leave will be granted in accordance with applicable state and federal law. c) Other Leaves. Leaves of absence without pay may be granted in cases of personal emergency, Union business or when such absences would not be contrary to the best interest of the City. Non -disability prenatal leave is available under this provision, but such leave shall not begin more than six months prenatal nor extend more than six months postpartum. During unpaid leaves of absence for disability or other reasons, the employee may elect and the City may require that employee to use paid leave credits in a manner consistent with state and federal law. Requests for leaves without pay shall not be unreasonably denied. In order to avoid misunderstandings, all leaves without pay must be in writing to be effective. Section 5 - Jury Duty and Subpoenas. Employees required to report for jury duty or to answer subpoenas as a witness on behalf of the State of California or any of its agencies shall be granted a leave of absence with pay from their assigned duties until released by the court, provided the employee remits to the City all fees received from such duties other than mileage or subsistence allowances within thirty (30) days from the termination of jury service. When an employee returns to complete a regular shift following time served on jury duty or as a witness, such time falling within the work shift shall be considered as time worked for purposes of shift completion and overtime computation. In determining whether or not an employee shall return to their regular shift following performance of the duties, reasonable consideration shall be given to such factors as travel time and a period of rest. When a combination of City work time and jury duty equals 14 or more hours in the 24 -hour period immediately before the employee's shift starting time, the employee will be allowed a rest period of nine (9) hours. Any portion of the rest period falling within the employee's work shift will be considered as hours worked and compensated at the straight time rate. This provision does not apply to conditions of bona fide emergency. Bona fide emergency conditions are conditions involving real or potential loss of service or property or personal danger. Page 48 of 85 Item 6: Staff Report Pg. 141 Packet Pg. 184 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 6 - Time Off to Vote Time off with pay to vote in any general or direct primary election shall be granted as provided in the State of California Elections Code, and notice that an employee desires such time off shall be given in accordance with the provisions of said Code. Section 7 - Disapproval of Leave of Absence In case of disapproval of extension, revocation or cancellation of an existing leave of absence, notice shall be sent by certified mail, return receipt requested, to the employee stating the date of such action, the reason and a specific date to return to work, which is not less than five working days from date indicated on return receipt. Section 8 - Personal Business Leave Char&eable to Sick Leave All employees shall be granted up to thirty (30) hours personal business leave per calendar year, chargeable to sick leave. The employee need not disclose the reason for the personal business. The scheduling of such leave is subject to the approval of the appropriate level of Management, and such approval shall not unreasonably be denied. Section 9 - Return to Assignment The department shall make every effort to ensure that employees resuming work following a leave pursuant to Sections 1- 8 shall be returned to the assignment, shift, and/or work location held immediately prior to the leave. If the employee cannot be so assigned, he or she shall, upon request, be granted a meeting with department management to discuss the reasons for the change. Upon request, the employee shall be afforded Union representation at such a meeting. ARTICLE 13 - WORKERS' COMPENSATION INSURANCE Section 1 - Industrial Temporary Disability a) While temporarily disabled, employees shall be entitled to use accrued sick leave for the first three (3) days following the date of injury and thereafter shall be paid full base salary for a period of not to exceed fifty-seven (57) calendar days, unless hospitalized, in which case employees shall be paid full base salary for a period not to exceed sixty (60) days from date of injury. b) For any temporary disability continuing beyond the time limits set forth in (a) above, employees shall be paid two-thirds (66 2/3%) of their full base salary at the time of injury for the duration of such temporary disability in conformance with the State law. Page 49 of 85 Item 6: Staff Report Pg. 142 Packet Pg. 185 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy c) During the period of temporary disability, an employee's eligibility for health, dental, life, LTD, or other insured program will continue with City contributions at the same rate as for active employees. In case of Subsection (a) above, the employee will continue to accrue vacation and sick leave benefits. In the case of Subsection (b), sick leave and vacation benefits shall not be accrued. Section 2 - Vocational Rehabilitation Benefits for Permanently Disabled Employees Vocational Rehabilitation will be made available to employees who have suffered permanent disability as a result of an injury or illness sustained in the course and scope of employment before 1/1/04. For injuries on or after 1/1/04 qualified employees are entitled to supplemental job displacement vouchers in accordance with the California Labor Code, Division 1, Department of Industrial Relations and Division 4, Workers' Compensation and Insurance, the Americans with Disabilities Act (ADA), and the City of Palo Alto's Workers' Compensation Program. ARTICLE 14 - BENEFIT PROGRAMS Section 1 - Health Plan a) Active Employees During the term of this contract, the maximum City contribution towards medical premiums for eligible full time employees per employee category shall be up to a maximum of the following for any plan: Effective January 1, 2025: • Employee only: $943 • Employee plus one: $1885 • Employee Family: $2,444 Effective the first full pay period following City Council adoption, and in lieu of an increase to the City contribution towards medical premiums, each represented classification will have their base pay increased by one -thousand, eight hundred dollars ($1800) per year ($150 per month). Effective the first full pay period including January 1, 2026, and in lieu of an increase to the City contribution towards medical premiums, each represented classification will have their base pay increased by an additional six hundred dollars ($600) per year (for a total of $2400 per year or $200 per month). Page 50 of 85 Item 6: Staff Report Pg. 143 Packet Pg. 186 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Effective January 1, 2027, in addition to the $2400 of annual flexible compensation, the City will increase its maximum contribution to medical premiums by the following percentages: • Employee only: increase City contribution by two percent (2.0%) to $962 per month. • Employee plus one: increase City contribution by three percent (3.0%) to $1,942 per month. • Employee family: increase City contribution by five percent (5.0%) to $2,566 per month. The City's total maximum contribution towards medical premiums for eligible part time employees shall be prorated based on the number of hours per week the part-time employee is assigned to work. PEMHCA minimum changes per statutory determination and has historically been increased by $3 dollars each year. Any increases to the PEMHCA minimum during the term of this contract will result in a corresponding decrease to the amount of the additional City contribution, so that the total maximum City contribution never exceeds the amount listed in the Maximum City Contribution described above. b) Health Plan Coverage for Future Retirees Hired Before January 1, 2005. Monthly City -paid premium contributions for a retiree -selected health plan through the CaIPERS Health Benefits Program will be made as provided under the Public Employees' Medical and Hospital Care Act. Effective 1/1/07 the City's monthly employer contribution for each retiree and their eligible family members, as defined by the CaIPERS Health Benefits Program, shall be the amount necessary to pay for the cost of his or her enrollment, in a health benefits plan up to the monthly premium for the 2nd most expensive plan offered to the SEIU employee (among the existing array of plans). However, the City contribution for an employee hired before January 1, 2005 who retires on or after April 1, 2011 the City contribution for the retiree and their eligible family members, as defined by the CaIPERS Health Benefits Program, shall be the same contribution amount it makes from time to time for active City employees. The City provided active unit employees who were hired before January 1, 2005 with a one-time opportunity to opt -in to retiree health benefits provided under California Government Code section 22893. Eligible employees who wish to exercise this option shall inform the People, Strategy, and Operations department of their election in writing no later than 90 days following the ratification and adoption of this Agreement. Page 51 of 85 Item 6: Staff Report Pg. 144 Packet Pg. 187 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy c) PERS — Health Benefit Vesting For Future Retirees Effective January 1, 2005 or any existing employee who opts into this vesting schedule. The CaIPERS vesting schedule set forth in Government Code section 22893 will apply to all SEIU employees hired on or after January 1, 2005 or any existing employees who opt into this vesting schedule. Under this law, an employee is eligible for 50% of the specified employer health premium contribution after ten years of service credit, provided at least five of those years were performed at the City of Palo Alto. After ten years of service credit, each additional year of service credit will increase the employer contribution percentage by 5% until, at 20 years' service credit, the employee will be eligible upon retirement for 100% of the specified employer contribution. However, the maximum contribution for eligible family members, as defined by the CaIPERS Health Benefits Program, will be 90% of the specified employer contribution. The City of Palo Alto's health premium contribution will be the minimum contribution set by CAPERS under section 22893 based on a weighted average of available health plan premiums. d) Retiree Health Committee During the term of this agreement the parties will maintain a Retiree Health Committee. The Union shall appoint two (2) Union members (and one Union staff person) to serve on this committee who shall receive reasonable release time to attend Retiree Health Committee meetings. Changes to this section during the term of this Agreement will be by mutual agreement only. The parties agree that Retiree Health Committee meetings may be attended by representatives of other City labor groups. e) Coverage for Domestic Partners. Domestic Partnership Registered with the California Secretary of State. Employees may add their domestic partner as a dependent to their elected health plan coverage if the domestic partnership is registered with the Secretary of State. Domestic Partnership Not Registered with the California Secretary of State. Domestic partners who meet the requirements of the City of Palo Alto Declaration of Domestic Partnership, and are registered with the Human Resources Department, will be eligible for a stipend of two hundred and eighty four dollars ($284.00) per month toward the cost of an individual health plan. Evidence of premium payment will be required with request for reimbursement. f) Alternative Medical Benefit Program. If a regular employee and/or the employee's dependent(s) are eligible for and elect to receive medical insurance through any other non -City of Palo Alto employer - sponsored or association -sponsored group medical plan, the employee may choose Page 52 of 85 Item 6: Staff Report Pg. 145 Packet Pg. 188 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy to waive his/her right to the City of Palo Alto's medical plan insurance and receive cash payments in the amount of two hundred eighty-four dollars ($284) for each month City coverage is waived. Examples of waivers eligible for this payment are: • Employee waives all applicable City medical coverage; or • Employee is eligible to enroll his or her spouse or domestic partner and waives medical coverage for the spouse or domestic partner; or • Employee has additional eligible dependents and waives family -level medical coverage. Participation must result in a health insurance cost savings to the City and payments per employee shall not exceed a total of two hundred eighty four dollars ($284.00) per month. To participate in the program the employee and dependents must be eligible for coverage under PEMHCA medical plans, complete a waiver of medical coverage form, and provide proof of eligible alternative medical coverage. Payments will be made in the employee's paycheck beginning the first month following the employee's completion of the waiver form. Payments are subject to state and federal taxes and are not considered earnings under PERS law. Employees are responsible for notifying the City of any change in status affecting eligibility for this program (for example, life changes affecting dependent's eligibility for medical coverage through the employee) and will be responsible for repayment of amounts paid by the City contrary to the terms of this program due to the employee's failure to notify the City of a change in status. If the State of California or federal government requires the City to participate and contribute toward coverage under any medical plan outside of PEMHCA including but not limited to the Affordable Care Act, the City's total liability for enrolled employees and retirees and their eligible family members shall not exceed what the City would have paid toward PEMHCA coverage in the absence of such state or federal plan. The parties will meet and confer over the impact of such change on matters within the scope of representation before implementing any change. Section 2 - Dental Plan a) The City shall continue to provide a self -funded dental program for the benefit of City employees and their eligible dependents. The City shall pay 100% of the required premiums for the program, except that benefits for regular part-time employees will be prorated as follows: Employees hired afterJanuary 1, 2005, who will work less than full time, will receive prorated premium costs for dental benefits in accordance with Page 53 of 85 Item 6: Staff Report Pg. 146 Packet Pg. 189 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy his/her percentage of a full-time work schedule. Part-time employees currently receiving full benefits will not be impacted. b) The City's Dental Plan provides the following: • Maximum Benefits per Calendar Year $2,000 per person. c) Effective July 1, 2001, dental implants in conjunction with one or more missing natural teeth, and removal of implants will be covered as a Major Dental Service at 50% usual, customary and reasonable (UCR). d) Effective 1/1/07 the City will add composite (tooth colored) fillings in dental plan posterior teeth. e) Effective 1/1/07 the City will pay up to $2000.00 for Orthodontia coverage. Section 3 - Vision Care The City shall continue to provide a self -funded vision care program for the benefit of City employees and their dependents. The City shall pay 100% of the required premiums for the program. The benefits of the vision care program shall continue to be equivalent to $20 Deductible Plan A under the Vision Service Plan. Vision benefits for regular part-time employees hired or assigned to a part-time schedule will be prorated in accordance with his/her percentage of a full- time work schedule. Section 4 - Life Insurance The City agrees to continue the Basic and Supplemental life insurance plan as currently in effect for the term of this Memorandum of Agreement. Section 5 — Long Term Disability Insurance Employees shall be enrolled in Option 1 (Default) for long term disability insurance and may elect to enroll in Option 2 (Buy -up). • Option 1 (Default): This benefit provides 60% of pre -disability earnings up to a maximum benefit level of $4000 per month. Coverage is subject to payroll deduction of the required insurance premium. Employees pay 50% of the required insurance premium and the City will pay the remaining 50% of the required insurance premium. Page 54 of 85 Item 6: Staff Report Pg. 147 Packet Pg. 190 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy • Option 2 (Buy -up): This benefit provides 66 and 2/3% of pre -disability earnings up to a maximum benefit level of $7000 per month. Coverage is subject to a payroll deduction of the insurance premium. The City will contribute an amount equal to 50% of the premium for Option 1, employees will pay the remainder of the required premiums. Section 6 - Effective Date of Coverage for New Employees For newly -hired regular employees, elected coverage will begin on the first day of the month following date of hire. Section 7 - Dual Coverage When a City employee is married to another City employee each shall be covered only once (as an individual or as a spouse of the other City employee, but not both) and dependent children, if any, shall be covered by only one spouse. Section 8 - Deferred Compensation The City shall continue to make available a Section 457 Deferred Compensation Plan to SEIU employees and will insure reasonable access to Deferred Compensation representatives for all interested employees. Section 9 - Dependent Care Assistance Program and Medical Flexible Spending Accounts The City shall continue to provide a Dependent Care Assistance Program (DCAP) and Medical Flexible Spending Accounts (FSA) for employees that comply with Section 125 of the Internal Revenue Code. Calendar year limits are set by the IRS. All matters related to the FSA shall be excluded from the grievance requirements of this MOA (per side letter agreed to in 2011). a) Dependent Care Assistance Program: Can be used to pay for qualified day care (or dependent care) expenses with pre-tax dollars. b) Medical FSA: Provides reimbursement for excess medical/dental/vision, or expenses that are incurred by employees and their dependents which are not covered or reimbursed by any other source, including existing City -sponsored plans. The City will deduct the annual administrative fee through a payroll deduction (currently $4 as of 2015) or if the employee has unused FSA dollars from the prior calendar year, the City will apply those dollars to cover the administrative fee. Page 55 of 85 Item 6: Staff Report Pg. 148 Packet Pg. 191 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy ARTICLE 15 — RETIREMENT Section 1 - PERS Continuation a) Pension Group A: 2.7% @ 55. The City will continue the present benefits under the Public Employees' Retirement System 2.7% at 55 for employees hired before July 17, 2010. The Parties acknowledge that employees under this formula hired before July 17, 2010 are subject to a final compensation calculation, for pension determination purposes, based on their single highest year of compensation earnable as provided by Government Code Section 20042. b) Pension Group B: 2.0% @ 60 — (Single Highest Year). For employees hired on or after July 17, 2010 and before January 1, 2013, and employees hired on or after January 1, 2013 who are not "new members" of CaIPERS as defined in the Public Employees' Pension Reform Act (often referred to as "Classic" CaIPERS members), but before the adoption of the modified 2% at 60 formula described below, whichever is later, the City will continue to provide the 2% at 60 retirement formula ("2% at 60"). The Parties acknowledge that employees under the existing 2% at 60 pension formula are subject to a final compensation calculation, for pension determination purposes, based on their single highest year of compensation earnable as provided by Government Code section 20042. c) Pension Group C: 2.0% @ 60 — (3 Highest Years). The City shall further amend its contract with CaIPERS to provide miscellaneous "Classic" CaIPERS members hired on or after August 1, 2013 with the CaIPERS retirement formula two percent (2.0%) of final compensation at age sixty (60) with a final compensation calculation, for pension determination purposes, based on the employee's three consecutive highest years of compensation earnable, as provided by Government Code section 20037. The City may delay the adoption or implementation of the foregoing amendment to the extent it deems such delay necessary to accommodate legal and administrative requirements. In such event, employees hired between and including August 1, 2013 and the day before the amendment's implementation date will be placed in the 2% of final compensation at age 60 formula with single highest year earnable compensation as described above. d) Pension Group D: 2% @ 62. Employees hired on or after January 1, 2013 meeting the definition of "new member" under the Public Employees' Pension Reform Act (Gov't. Code s. 7522 et seq.) shall be subject to all of the provisions of that law, including but not limited to the two percent at age 62 (2%@62) retirement formula with a three year final compensation period. Page 56 of 85 Item 6: Staff Report Pg. 149 Packet Pg. 192 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 2 - Employee Share Effective with the first pay period including July 1, 2012 employees in Pension Groups A, B and C described in Section 1 above shall pay 8% if enrolled in the 2.7%@55 benefit or 7% if enrolled in the 2%@60 benefit. Employees in Pension Group D shall pay the employee contribution required by the Public Employees' Pension Reform Act, calculated at fifty percent (50%) of the normal cost. Section 3. Emolover Share Effective the first full pay period following December 1st, 2017, employees (Groups A -D) shall pay one percent (1.0%) of their salary toward the employer cost of retirement (in addition to the employee share) in accordance with Section 20516 of the California Government Code. Effective the first full pay period including December 1, 2020, employees in this unit (Groups A -D) shall pay an additional 1% of their salary toward the employer cost of retirement for a total of 2% (in addition to the employee share) contribution toward the employer share. This will result in SEIU employees in Groups A -D paying a total of two (2) percent of the employer share (in addition to the employee share) effective the first full pay period including December 1st, 2020. ARTICLE 16 - COMMUTE INCENTIVES AND PARKING Section 1- Commute Incentive It is the City's interest to reduce single occupancy vehicle trips to the extent possible in order to address current traffic and environmental challenges. During the term of this agreement, the parties shall meet and confer on changes to the City's commute incentive and parking program adopted by the City Council. Eligible employees may voluntarily elect one of the following commute incentives: a. Civic Center Parking. Employees assigned to Civic Center and adjacent work locations. The City will provide a Civic Center Garage parking permit. New employees hired after April 30, 1994 may initially receive a parking permit for another downtown lot, subject to the availability of space at the Civic Center Garage. Page 57 of 85 Item 6: Staff Report Pg. 150 Packet Pg. 193 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy b. Carpool. The City will provide $30 per month (taxable income) to each eligible employee in a carpool for 60% or more of their scheduled work days per month with two or more people. c. Bicycle. The City will provide $20 per month to eligible employees who ride a bicycle to work. This payment is available through the CCD web site in the form of a special Commuter Check (tax free) for bike equipment, gear or repairs. This benefit cannot be combined with other commute benefits. d. Walk. The City will provide $20 per month (taxable income) to eligible employees who walk to work 60% or more of their scheduled work days. e. Transit or vanpool users: Tax-free incentives up to the IRS limit (currently $255/month) are available through the Commuter Check Direct (CCD) web site for employees using Bay Area public transportation or riding in a registered vanpool at least 60% of their scheduled work days. f. Go Pass. The Go Pass program will offer civic center and other downtown - based employees a Caltrans Go Pass that allows unlimited rides on Caltrain in all zones seven days per week. g. The City and Union agree to meet in Labor Management Committee to assess and improve the application of the telecommuting policy and option for employees. The deadline for registering with CCD and placing an online order is 8:59 p.m. on the seventh (7th) day of each month, for the next month's benefit. For example, employees wishing to order a transit pass by June must place their online orders with CCD by May 7. Section 2 — Parking Lot Security — Municipal Service Center The City will provide fenced and locked parking facilities for Municipal Service Center employees. Procedures will be established for entering and leaving the parking facilities. Section 3 — Bicycle Lockers and Motorcycle Parkin The City will provide bicycle lockers and motorcycle parking areas for City employees at mutually agreeable work locations. Page 58 of 85 Item 6: Staff Report Pg. 151 Packet Pg. 194 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy ARTICLE 17 - PHYSICAL EXAMINATIONS If any non -probationary employee who is required to have a City -provided physical examination not related to workers' compensation programs disagrees with the findings of the City -sponsored physician, they may consult with their own physician and, if their private physician's report conflicts with that of the City physician in terms of ability to work at their regular job, then they may request an evaluation of their problem through a third physician mutually agreed upon by the employee and the City. Cost for such examination will be equally shared and the decision of this physician concerning the continuing ability of the employee to perform their work in their regular job without exposing themselves to further injury as a result of their condition shall be the basis for returning the employee to their regular work. ARTICLE 18 — SAFETY Section 1- Health and Safety Provisions The City shall furnish and use safety devices and safeguards and shall adopt use practices, means, methods, operations and processes which are reasonably adequate to render such employment and place of employment safe, in conformance with applicable safety regulations under the State Labor and Administrative Code sections. The City shall not require or permit any employee to go to or be in any employment or place of employment which is not safe. Section 2 - Union Cooperation Union will cooperate with the City by encouraging all employees to perform their work in a safe manner. Section 3 - Safety Committees and Disputes Safety committees composed of Management and Union stewards in the below listed organizations will meet no less than six (6) times annually to discuss safety practices, methods of reducing hazards, and to conduct safety training. This shall in no way remove the basic responsibility of safety from Management nor shall it in any way alter the responsibility of the employee to report unsafe conditions directly and immediately to his or her supervisor. Community Services Public Works Water -Gas -Wastewater Field Operations Electric Field Operations Page 59 of 85 Item 6: Staff Report Pg. 152 Packet Pg. 195 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Water Quality Control a) A ten -member Citywide Union/Management safety committee with equal Union and Management membership will meet upon call to review safety and occupational health standards and practices, discuss overall City safety and health problems, and to act as an advisory group to the departmental safety committees. The committee shall review all departmental safety programs and recommend change where necessary. b) In cases of dispute over safe working conditions the employee will first report such unsafe conditions to their supervisor and every attempt will be made to rectify the problem at this level. The employee may contact their steward to assist in the resolution of the dispute. If the problem cannot be resolved the Risk Manager will be contacted and the problem will be addressed through the interpretation of the basic safety rules and regulations. Should the problem not be resolved at this step, the grievance procedure will be utilized. Safety grievances shall be submitted at Step 3. c) The City will continue employee workplace evaluations in compliance with CalOsha, Title 8, section 5110. ARTICLE 19 - GRIEVANCE and APPEAL PROCEDURE Section 1- General Provisions The City and the Union recognize that early settlement of grievance or appeal of disciplinary actions is essential to sound employee -employer relations. The parties seek to establish a mutually satisfactory method for the settlement of employee grievances, or appeal of disciplinary action, or Union grievances as provided for below. In presenting a grievance or appeal of disciplinary action, the aggrieved and/or their representative is assured freedom from restraint, interference, coercion, discrimination, or reprisal. Release time for investigation and processing a grievance or appeal of disciplinary action is designated in Article IV of this Memorandum of Agreement (MOA). Section 2 — Definitions a) Grievance means an unresolved complaint or dispute regarding the application or interpretation of rules, regulations, policies, procedures, this MOA, or City ordinances of resolution, relating to terms or conditions of employment, wages or fringe benefits, excluding however those provisions of this MOA which specifically provide that the decision of any City official shall be final, the interpretation or application of those Page 60 of 85 Item 6: Staff Report Pg. 153 Packet Pg. 196 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy provisions not being subject to the grievance or appeal of disciplinary action procedure. b) Appeal of a disciplinary action means an appeal of any kind of disciplinary action against an employee covered by this Memorandum of Agreement. Discipline is defined as suspensions without pay, reductions in pay, demotion, or discharge. Reprimands, transfers, reassignments, layoffs, and negative comments in performance evaluations are not discipline. Section 3 - Conduct of Grievance Procedure or Aooeal of Disciolinary Action Procedure a) An aggrieved employee may be represented by the Union or may represent themselves in preparing and presenting a grievance or appeal of disciplinary action at any level of review, except arbitration. Grievances may also be presented by a group of employees. No grievance or appeal of disciplinary action settlement may be made in violation of an existing merit rule or memorandum of agreement. The Union will be notified prior to the implementation of any settlement made which affects the rights or conditions of other employees represented by the Union. The Union and the Steward will be copied on all written representation unit grievance or appeal of disciplinary action decisions. b) An employee and the representative steward, if any, may use a reasonable amount of work time so long as there is no disruption of work, in conferring about and presenting a grievance or appeal of disciplinary action. Requests for release time to prepare grievance or appeal of disciplinary action shall be made in accordance with the provisions of Article 4, Section 3. c) Beginning with the third step of the grievance or appeal of disciplinary action procedure, the Chief Steward or Alternate Chief Steward may assist in presenting a grievance or appeal of disciplinary action and may be present at all Step 3 and 4 grievance or appeal of disciplinary action hearings. d) The time limits specified in this Article may be extended by mutual agreement in writing of the aggrieved employee or the Union and the reviewer concerned. e) Should a decision not be rendered within a stipulated time limit, the grievant may immediately appeal to the next step. f) The grievance or appeal of disciplinary action maybe considered settled if the decision of any step is not appealed within the specified time limit. Page 61 of 85 Item 6: Staff Report Pg. 154 Packet Pg. 197 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy g) If appropriate, the aggrieved employee(s) or the Union and the department head may mutually agree, in writing, to waive Step 1 and/or Step 2 of the grievance or appeal of disciplinary action procedure. h) Grievances or appeal of disciplinary action shall be made in writing and submitted on forms provided by the City or on forms which are mutually agreeable to the City and the Union. The written grievance or appeal of disciplinary action shall contain clear, factual and concise language, including: (1) the name of the grievant; (2) a statement of the facts upon which the grievance or appeal of disciplinary action is based, including relevant dates, times and places; (3) specific provisions of this Agreement or specific City rules, policies, or procedures which the grievance or appeal of disciplinary action alleges has been violated; (4) a summary of any steps taken toward resolution; and (5) the action the grievant believes will resolve the grievance or appeal of disciplinary action. i) Any retroactivity on monetary grievances or appeal of disciplinary action shall be limited to the date of occurrence, except in no case will retroactivity be granted prior to three months before the grievance or appeal of disciplinary action was filed in writing. j) If the grievance is filed by more than one employee in the bargaining unit, the Union may, at its option, convert it to a Union grievance after Step 2 of the grievance procedure. The Union may also file a grievance in those instances when, under this Memorandum of Agreement, a Union right not directly related to an individual employee becomes the subject of dispute. Union grievances shall comply with all of the foregoing provisions and procedures. k) For purposes of time limits, "working days" are considered to be Monday through Friday, exclusive of City holidays. I) If a mutually agreed solution is reached during any step of this grievance or appeal of disciplinary action procedure, the agreement shall be placed in writing and signed by the City and the grievant or union. m) Upon request of either party, meetings to discuss the grievance or appeal of disciplinary action shall be held at any step in the grievance or appeal of disciplinary action procedure. n) The Parties may mutually agree in writing to an alternate method(s) of delivery for any communication for any notices required pursuant to Article 19, Grievance Procedure, of a grievance or appeal of disciplinary action. Such agreement shall list the designated representative(s) for each party and the appropriate contact Page 62 of 85 Item 6: Staff Report Pg. 155 Packet Pg. 198 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy information for each Party, and describe the agreed -upon method(s) of communication. All designated representatives shall be copied on any communications. On all transmissions that are intended to conform to a time limit, the sender shall retain proof that the transmission was sent within that limit (for example, confirmation of electronic mail transmission or record of successful fax transmission) in the sender's file for production if a dispute arises over existence or timing of the transmission. Either Party may designate new representatives or terminate an alternate delivery agreement under this section by providing written notice, which shall be effective immediately, to the other. Section 4 - Grievance and Appeal Procedure Step 1. Informal Discussion. Within fifteen (15) working days after the incident or discovery of the incident on which the grievance or appeal of disciplinary action is based the aggrieved employee shall present the grievance action to their immediate supervisor and attempt to resolve the grievance through informal discussions. Every attempt will be made to settle the issue at this level. Step 2. If the grievance is not resolved through the informal discussion in Step 1 or the employee wishes to appeal disciplinary action taken against them in the case of a grievance, the employee will reduce the grievance or appeal of disciplinary action to writing and submit copies to the Department head or their designee within fifteen (15) working days of the discussion with the immediate supervisor or within fifteen (15) working days from the receipt of a final disciplinary action. The Department Head or designee shall have fifteen (15) working days from the receipt of a written grievance or appeal of disciplinary action to review the matter and prepare a written statement. Step 3. If the grievance or appeal of disciplinary action is not resolved and/or the aggrieved employee is not satisfied with the Step 2 decision, the grievant or disciplined employee may appeal to the Human Resource Director or their designee in writing within fifteen (15) working days of the receipt of the Department Head's response. The written appeal to the Human Resources level shall include a copy of the original grievance or appeal of disciplinary action, the Department Head's decision at Step 2, and a clear statement of the reasons for appeal. Within fifteen (15) working days, after receiving the written appeal, the Human Resource Director shall review the matter and prepare a written statement. If a mutually agreed solution is reached during this process the agreement shall be placed in writing and signed. Step 4. If the grievance or appeal of disciplinary action is not resolved at Step 3, the Union may appeal the grievance or disciplinary action. Appeals to final and binding arbitration may be processed only with Union approval. All Step 4 appeals must be filed in writing at Page 63 of 85 Item 6: Staff Report Pg. 156 Packet Pg. 199 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy the Human Resources Department within fifteen (15) working days of receipt of the Human Resource Director's decision at Step 3. If the Union elects final and binding arbitration in accordance with this provision, the parties shall mutually select an arbitrator within sixty (60) days from the date of receipt of the written request for appeal. In the event the parties cannot agree on an arbitrator, they shall mutually request a panel of five arbitrators from the California State Conciliation Service or from the American Arbitration Association if either party objects to the State Conciliation Service, and select an arbitrator by the alternate strike method. The arbitrator shall have jurisdiction and authority only to interpret, apply, or determine compliance with the provisions of this Memorandum of Agreement and such Merit System Rules, regulations, policies, procedures, City ordinances, resolutions relating to terms or conditions of employment, wages or fringe benefits, as may hereafter be in effect in the City insofar as may be necessary to the determination of grievances or appeal of disciplinary action appealed to the arbitrator. The arbitrator shall be without power to make any decision contrary to, or inconsistent with or modifying in any way, the terms of this Memorandum of Agreement. The arbitrator shall be without authority to require the City to delegate or relinquish any powers which by State law or City Charter the City cannot delegate or relinquish. Where either party seeks arbitration of a grievance and the other party claims the matter is not subject to the arbitration provisions of this Memorandum of Agreement, the issue of arbitrability shall first be decided by the arbitrator using the standards and criteria set forth herein and without regard to the merits of the grievance or appeal of disciplinary action. If the issue is held to be arbitrable, the arbitration proceedings will be recessed for up to five (5) working days during which the parties shall attempt to resolve the grievance. If no resolution is reached, the arbitrator will resume the hearing and hear and resolve the issue on the merits. Copies of the arbitrator's decision shall be submitted to the City, the aggrieved employee and the Union. All direct costs emanating from the arbitration procedure shall be shared equally by the City and the Union. ARTICLE 20 - UNSATISFACTORY WORK OR CONDUCT AND DISCIPLINARY ACTION The City has the right to discipline, demote, or discharge employees for cause. Non - probationary employees whose work or conduct is unsatisfactory but not sufficiently deficient to warrant discipline, demotion, or discharge will be given a written notification of unsatisfactory work or conduct and an opportunity to improve. Failure to correct deficiencies and improve to meet standards may result in discipline, demotion, or discharge. Discipline is defined as suspensions without pay, reduction in pay, demotion, or discharge. Coaching, mentoring, verbal counseling, written counseling, reprimands, transfers, reassignments, layoffs, and negative comments in performance evaluations are not discipline and shall not be subject to the requirements of this Article. Page 64 of 85 Item 6: Staff Report Pg. 157 Packet Pg. 200 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 1- Preliminary Notice of Discipline Prior to imposing disciplinary action, a supervisor shall provide an employee with preliminary written notice of the proposed disciplinary action. The notice of proposed disciplinary action must be in writing and served on the employee in person or by registered mail or Fed -Ex. The notice of disciplinary action shall include: a) Statement of the violations upon which the disciplinary action is based; b) Intended effective date of the action; c) Statement of the cause thereof; d) Statement in ordinary and concise language of the act or the omissions upon which the causes are based; e) Copies of any documents or other written materials upon which the disciplinary action was fully or in part based. f) Statement advising the employee of his/her right to appeal from such action, and the right to union representation and a statement that in order to exercise your rights to union representation the employee may contact their SEIU representative or their steward. g) The date and location of the Skelly meeting and the name of the Skelly Officer Section 2 - Skelly Meeting The employee shall have the right to respond informally to the charges either verbally or in writing before the discipline is imposed. The employee shall have fifteen (15) working days from receipt of the notice to request this pre -disciplinary administrative review. The employee may request a reasonable extension of the time to respond for justifiable reasons. The Skelly meeting to listen to the verbal responses shall be scheduled with a City representative who is not the manager recommending the discipline (the "Skelly Officer"). The Skelly Officer shall render a final written decision (the "post -Skelly decision") within fifteen (15) working days of receiving the employee's response, if any, and shall deliver the post -Skelly decision to the employee by personal delivery or registered mail. The Skelly Officer may sustain, modify, or overturn the recommended disciplinary action. If the Skelly Officer sustains or modifies the disciplinary action, the action may be imposed after the post -Skelly decision is delivered to the employee. Page 65 of 85 Item 6: Staff Report Pg. 158 Packet Pg. 201 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Section 3 — Appeal Appeals of disciplinary action should be processed through the procedures outlined in Steps 2-4 of the grievance appeal of disciplinary action procedure (Article 19, Section 4.) ARTICLE 21- NO ABROGATION OF RIGHTS The parties acknowledge that Management rights as indicated in Section 1207D of the Merit System Rules and Regulations and all applicable State laws are neither abrogated nor made subject to negotiation by adoption of this MOA. ARTICLE 22 - OUTSIDE EMPLOYMENT The provisions of City of Palo Alto Policy and Procedure 2-05: Outside Employment and Article 4.7 of the Government Code of the State of California (Gov't, Code § 1125 — 1129) will govern the determination of incompatible outside employment. ARTICLE 23 — WORK STOPPAGE AND LOCKOUTS The City agrees that it will not lock out employees, and the Union agrees that it will not engage in any concerted work stoppage or slowdown during the term of this MOA. An employee shall not have the right to recognize the picket line of a labor organization when performing duties of an emergency nature. ARTICLE 24 - PROVISIONS OF THE LAW Section 1 - Conformity and Separability of Provisions This Memorandum of Agreement is subject to all current and future applicable Federal and State laws and Federal and State regulations and the Charter of the City of Palo Alto and the Constitution of the State of California. Should any of the provisions herein contained be rendered or declared invalid by reason of any existing State or Federal legislation, such invalidation of such part or portion of this Memorandum of Agreement shall not invalidate the remaining portions hereof, and they shall remain in full force and effect, insofar as such remaining portions are severable. Section 2 - Merit Rules and Regulations This Memorandum of Agreement shall become a part of the City of Palo Alto Merit Rules and Regulations applying to employees assigned to classifications in the SEIU unit. As Page 66 of 85 Item 6: Staff Report Pg. 159 Packet Pg. 202 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy applied to employees assigned to the SEIU unit, this Memorandum of Agreement shall prevail over any conflicting Merit Rules and Regulations. Section 3 - Resolution The City and the Union agree by signing this Memorandum of Agreement that the wages, hours, rights and working conditions contained herein shall be continued in full force during the term of this Memorandum of Agreement except as otherwise provided for in the Memorandum of Agreement and shall be binding on both the City and the Union upon ratification by the Council of the City of Palo Alto and upon ratification by Union membership. ARTICLE 25 — PROFESSIONAL DEVELOPMENT The City shall fund a Tuition and Student Loan Reimbursement Program for use by employees in the unit. This program will provide reimbursement to eligible SEIU members for successful completion of undergraduate, graduate level courses, collegiate level certification courses or any other pre -approved training related to employment opportunities with the City. The City will fund up to $100,000 for each fiscal year of the term of this MOA. The maximum reimbursement will be two thousand five hundred dollars ($2,500) total per employee for each fiscal year of this MOA. Monies expended on this program will be subject to appropriate IRS regulations. Requests for reimbursement are on a first come first serve basis and must be submitted within thirty (30) calendar days of the end of the fiscal year to be allocated to the fiscal year. Section 1- Tuition Reimbursement The Tuition Reimbursement will be provided if the following conditions are met: a. Courses, classes or trainings must be pre -approved as job related by the division head or designee prior to the start date. Employees may appeal a denial to the Human Resources Director or designee within 5 working days of receipt of denial, whose decision shall be final. b. Eligible expenses include required textbooks, tuition, fees, lab fees and equipment, but will not include parking fees or health fees related to enrollment. c. Employees must attain a final grade of "C" or better for both undergraduate and graduate work. Courses providing a "pass/fail" must achieve a "pass" to qualify for reimbursement. Ungraded courses, classes or trainings will be reimbursed based on proof of successful completion. Page 67 of 85 Item 6: Staff Report Pg. 160 Packet Pg. 203 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy d. Requests for reimbursement shall be submitted in accordance with the procedures developed by the City. A request for reimbursement will not be considered submitted until it includes the relevant receipts and proof that the necessary grade or successful completion was earned. e. Courses must be taken on the employee's off duty hours, unless prior approval is received from the employee's supervisor. Section 2 - Student Loan Reimbursement Student Loan Reimbursement conditions: a. Employees must have an active student loan in good standing. b. Employees must successfully complete the secondary education with which the student loan was incurred, and must provide proof of successful graduation or completion. c. Requests for reimbursement shall be submitted in accordance with the procedures developed by the City. A request for reimbursement will not be considered submitted until it includes proof of payment towards the employee's student loan within the eligible fiscal year. Section 3 - Training Programs a) Employees assigned by the City to attend meetings, workshops, or conventions of their professional or technical associations shall have their dues and reasonable expenses paid by departmental funds and shall be allowed to attend such workshops, meetings, and conventions on paid City time. b) The City will reimburse for travel, meals and lodging while away from home attending an educational conference that the supervisor authorizes as being job related or which will improve an employee's skills. Per City Policy and Procedure 1-02, the Pre -Travel Authorization Form should indicate expenses that will be paid. ARTICLE 26 - COST REDUCTION PROGRAMS During the term of this agreement, the Union will aggressively assist Management in developing cost reduction programs. Such programs may include voluntary reduced hours/pay after this concept is studied by Management, and with such application as may be approved by Management. Page 68 of 85 Item 6: Staff Report Pg. 161 Packet Pg. 204 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy ARTICLE 27 — TERM This Memorandum of Agreement shall become effective upon ratification by both parties hereto and remain in effect through December 31, 2027. The Parties agree that they will commence negotiations over a successor to this Memorandum of Agreement no later than one hundred eighty (180) days before its expiration. If, at the time this Memorandum of Agreement would otherwise expire, the parties are continuing to negotiate a successor Memorandum of Agreement, upon mutual agreement the terms and conditions of this Memorandum will continue in effect. ARTICLE 28 — REOPENER ON APPRENTICESHIP PROGRAMS Upon written request of the City, this MOA will reopen on the subject of Apprenticeship Programs and the Parties will meet and confer over revisions to Appendix B and any related sections. Page 69 of 85 Item 6: Staff Report Pg. 162 Packet Pg. 205 of 462 City of Palo Alto and SEIU Local 521 January 1, 2025 - December 31, 2027 EXECUTED: FOR LOCAL 521, SEIU, CTW: Teneya Johnson, Chief Negotiator Peter Quiroz, Chapter Chair Sara' Temple Nathan McClure David Sigua Scott Johnson Sara Temple Lewis Paris Ratu Serumalani Item 6 Attachment B - MOA between SEIU 521 and the City of Palo Alto - Clean copy 191:1�1kWK912Jet1197Ie1%(SIP Ed Shikada, City Manager Molly Stump, City Attorney Charles Sakai, Chief Negotiator Sandra Blanch Ben Farnsworth Sandhya Uthup Page 70 of 85 Item 6: Staff Report Pg. 163 Packet Pg. 206 of 462 City of Palo Alto and SEIU Local 521 January 1, 2025 - December 31, 2027 Nathan McClure Jose Vigil Wesley Patnesky Kevin Carley Item 6 Attachment B - MOA between SEIU 521 and the City of Palo Alto - Clean copy Page 71 of 85 Item 6: Staff Report Pg. 164 Packet Pg. 207 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 Lthe City of Palo Alto - Clean copy APPENDIX A The salary rates of bargaining unit classifications will be as set forth in Appendix A of this MOA Compensation: a) General Salary Increase: Effective the first full pay period following the later of January 1, 2025 or the adoption of the MOA, the salary ranges of all represented classifications will be increased by three percent (3%). b) Market Adjustment: Effective the first full pay period following the adoption of the MOA, the salary ranges of all represented classifications will be increased in an amount sufficient to bring them to the top quartile (75th percentile) of the labor market before application of the General Salary Increase as determined by the City's market study (PEPRA). However, no represented classification shall receive a market adjustment of more than three percent (3%). c) Effective the first full pay period following January 1, 2026, each represented classification which was more than three percent (3%) below the top quartile (75th percentile) of the City's market study (PEPRA) will receive the remainder of the market adjustment required to bring them to the 75th percentile. For example, if classification A was 3.6% below the top quartile (75th percentile) of the labor market before application of the 2025 General Salary Increase as determined by the City's market study (PEPRA), that classification would receive a 3.0% market adjustment in 2025 and a 0.6% market adjustment in 2026. d) One-time Lump Sum: The City will pay each represented employee a one-time discretionary cash payment of $300 in the first pay period following City Council adoption of this MOA (prorated for part time employees). Parties understand this to be non -pensionable compensation and excludable from regular rate of pay. e) General Salary Increase: Effective the first full pay period following the later of January 1, 2026 or the adoption of the MOA, salary ranges of all represented classifications will be increased by two and one half percent (2.5%). f) General Salary Increase: Effective the first full pay period following the later of January 1, 2027 or the adoption of the MOA, salary ranges of all represented classifications will be increased by three percent (3%). Page 72 of 85 Item 6: Staff Report Pg. 165 Packet Pg. 208 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Recruitment and Retention To address current market conditions and specific benefits provided by competing employers to employees in the electrical lineperson category, the parties agree to the following: 1) Standby Compensation. Employees in the Lineperson and Water/Gas/Wastewater Job Families who are assigned to standby duty shall be compensated at the daily rates established below: • Monday through Friday two (2) hours at their straight time regular rate of pay • Saturday, Sunday, Holidays three (3) hours at their straight time regular rate of pay 2) Overtime Compensation. Employees in the Electrical Lineperson/Cable Splicer job family will be paid two (2) times the employee's applicable salary for all overtime work. Page 73 of 85 Item 6: Staff Report Pg. 166 Packet Pg. 209 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy APPENDIX B. APPRENTICESHIPS Note: Employees hired into a Lineperson Apprenticeship position on or before April 11, 2016 will continue to progress through the Apprenticeship steps and into the Lineperson journey rate at the same intervals as existed before April 11, 2016 in the Apprenticeship Program. Substation Electrician, Street Light /Traffic Signal / Fiber Technician, Lineperson/Cable Splicer APPRENTICE: Upon completion, may lead to Journey level position. The Utilities Department has formalized the Apprenticeship programs in the Electric Section to develop journey level electricians/technicians and lineperson/cable splicers. The following are basic concepts/principles to be incorporated: 1. The administration and operation of the Apprenticeship programs will be managed by the Apprenticeship Committee, which will be selected by the Manager of Electric Operations and comprised of two (2) bargaining unit members designated by Local 521 and two (2) Utility Supervisors and the Manager of Electric Operations. The Manager of Electric Operations will maintain oversight of the program. The Apprenticeship Program will be subject to review and approval by the State of California Department of Industrial Relations Division of Apprenticeship Standards. 2. The journey level position will not be a promotional opportunity for anyone other than the apprentice under filling the position, as long as that apprentice is successfully progressing through the program. 3. Employees within Electric Operations, who qualify, will be given first consideration for the apprentice position prior to other City classifications or recruiting from outside the City. 4. A letter of agreement will be entered into by the apprentice and the City identifying the terms and conditions of the program. 5. The program will normally require eight thousand (8000) work hours (48 months) to complete for Lineperson Cable Splicer and six thousand (6000) work hours (36 months) for Substation Electrician, Street Light /Traffic Signal / Fiber Technician positions. 6. Normal progress through the program will be in periodic increments with formal evaluations. Page 74 of 85 Item 6: Staff Report Pg. 167 Packet Pg. 210 of 462 City of Palo Alto and SEIU Local 521 January 1, 2025 - December 31, 2027 Item 6 Attachment B - MOA between SEIU 521 and the City of Palo Alto - Clean copy 7. The salary steps for the Substation Electrician, Street Light /Traffic Signal / Fiber Technician and Lineperson Cable Splicer apprenticeships are outlined in the State of California Department of Industrial Relations Division of Apprenticeship Standards. Employees hired into a Lineperson/Cable Splicer Apprenticeship position will be paid at step 1 of the Lineperson/Cable Splicer Apprentice step range. Upon completion of all course work requirements outlined in the apprentice syllabus, the employee will progress as follows: Month Step Step Intervals 1-12 1 12 months 13-24 2 12 months 25-36 3 12 months 37-42 4 6 months 43-48 5 6 months Upon successful completion of the fourth year following commencement of the Apprenticeship, the employee will be reclassified/progressed to Lineperson / Cable splicer Journey Level and paid at the top step (step 5) of the journeyman rate. In any case, successful completion of the program and movement into the Lineperson Cable Splicer journey level classification will not transpire until the employee has fulfilled all of the requirements outlined in the program content description and received the recommendation of the Apprenticeship Committee. Employees hired into a Substation Electrician or Street Light /Traffic Signal / Fiber Technician Apprenticeship position will be paid at step 1 of the Substation Electrician or Street Light /Traffic Signal / Fiber Technician step range. Upon completion of all coursework requirements outlined in the apprentice syllabus, the employee will progress as follows: Month Step 1-6 1 7-12 2 13-18 3 19-24 4 25-36 5 Page 75 of 85 Item 6: Staff Report Pg. 168 Packet Pg. 211 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Upon successful completion of the Apprenticeship, the employee will be reclassified / progressed to Substation Electrician or Street Light /Traffic Signal / Fiber Technician Journey Level and paid at the fifth step (step 5) of the journeyman rate. In any case, successful completion of the program and movement into the Substation Electrician or Street Light /Traffic Signal / Fiber Technician journey Level classification will not transpire until the employee has fulfilled all of the requirements outlined in the program content description and received the recommendation of the Apprenticeship Committee. 8. Should an apprentice prove deficient in progressing through either the coursework or on-the-job training portion of an apprenticeship step, the apprentice shall not progress to the next higher step nor shall the apprentice receive the step increase in wages. The apprentice as described above may at the discretion of the appropriate Division Manager, be granted a three (3) month extension to eliminate the deficiency and be allowed to progress to the next higher step in the apprenticeship and receive the step increase in wages. *Note: A maximum of two (2) time extensions may be granted during the term of the apprenticeship. Any apprentice that is removed due to documented deficiency shall have their employment terminated. 9. The City and the Union agree to review or develop job descriptions to better reflect the qualification necessary to attract and retain successful candidates for this program. It is further agreed that the job descriptions will not warrant additional compensation. 10. Training will consist of on-the-job (OJT) and required training as outlined in the program, Training costs will be funded by departmental funds and employees will be compensated their normal wages while attending required training. Personal time spent in off -the -job training and/or study will not be compensated. 11. The apprentice will be under the continuing guidance of an appropriately qualified journey level person during OJT. Such journey level persons will be assigned by Management from among volunteers who will not receive additional compensation. 12. Qualifications/progress will be verified by appropriately kept records. 13. Unless specifically stated otherwise, regular City personnel policies and MOA provisions will apply to the apprenticeship program. 14. This program may become a conceptual model for apprenticeships in other divisions or departments. Page 76 of 85 Item 6: Staff Report Pg. 169 Packet Pg. 212 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy APPENDIX C. DEPT/DIVISION CLASSIFICATION WORKDAY OR WORKWEEK VARIATION Section 1. Exceptions to Standard Workday or Work Week for SEIU Representation Unit: Library Department Coordinator, Library Programs Librarian Senior Librarian Library Specialist Library Associate In a given workweek, staff may work three eight -hour days, one seven -hour day, and one nine -hour day. On a voluntary basis, staff may work five non-consecutive days within seven. Section 2. Rules Governing Flexible Work Hours These rules and procedures are established pursuant to Article VI, Section 8, and are an application of Article VIII, Sections 1, 2, and 3 of the Memorandum of Agreement to the classifications of Coordinator, Recreation Programs; Producer, Arts & Sciences Programs; Program Assistant; Theater Specialist, in the Recreation and Arts & Sciences Divisions of the Community Services Department, and the classifications of Associate Planner, Building Planning Technician, CDBG Coordinator, Engineer, , Planner, and Senior Planner in the Planning and Community Environment Department. a) Flexible Work Schedule 1. Employees in the covered classification shall be permitted to arrange flexible work schedules with division approval, providing that such schedules shall include forty (40) hours per week. 2. Standard daily office hours are typically Monday through Friday, between the hours of 8:00 a.m. and 6:00 p.m. as determined by the Department. Flexible hours may occur for supervision of, and/or attendance at, evening programs, meetings, weekend events, or other programs. b) Overtime 1. Emergency call -out work shall be defined as overtime work and compensated per standard City practices. Page 77 of 85 Item 6: Staff Report Pg. 170 Packet Pg. 213 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy 2. If the need arises for overtime work due to an unusual circumstance calling for extra hours or due to a special event, compensation shall be allowed with prior approval of the Director of Recreation, Director of Arts and Sciences, or the Director of Planning and Community Environment, and shall be compensated for, as spelled out in the Memorandum of Agreement. Section 3. 2080 Plan a) Either the Union or the City may withdraw from the Plan by giving the other party 30 calendar days written notice. In the event of termination of the plan, the covered classifications will return to an 8 -hour or other authorized workday as provided under Article VIII, Section 1, of this Memorandum of Agreement. b) Provisions of the 2080 Plan are as follows. To the extent that these provisions are in conflict with other provisions of the Memorandum of Agreement, these provisions will prevail. c) The 2080 Plan or "12 hours per Shift Schedule" is an authorized work schedule for the Utility Systems Operators and Water Quality Control Plant Operators. 2080 Plan Under this 2080 Plan, each employee's hours of work per year may not exceed 2,240. For scheduling purposes, and subject to the Merit System Rules and Regulations, the employee will be guaranteed not less than 2080 hours per year, or no less than 52 weeks at the normal number of hours worked per week. Any employee covered by the Plan who works up to 2,080 hours per year is compensated for all hours worked at the agreed upon rate. The City must pay overtime for all hours worked in excess of 12 in any workday, 56 hours in any work week, or 2080 hours in 52 weeks as the case may be. The rate of overtime will be at time and one-half the employee's regular rate of pay (or current contract overtime rate, if different). Shift Schedule The shift schedules combined must provide full 24 -hour, seven (7) days per week coverage for the Utility Control Center and Water Quality Control Plan. The shift schedule shall be a rotating schedule. The Utility Systems Operators' shift schedule will reach the equivalent of 40 hours per week in five weeks. The 12 -hour shifts begin at 7:00 a.m. and 7:00 p.m. The Relief shift shall begin at 7:00 a.m. and end at 3:00 p.m. with lunch taken while working. The shift schedule shall be rotating schedule. The Water Quality Control Plant Operators' shift schedule will reach the equivalent of 40 hours per week in two weeks. There will be four 12 -hour shifts that begin at 6:00 a.m. and 6:00 p.m. The fifth shift will be a 4/10 shift that begins at 6 a.m. on three days, and at noon on the fourth day. Page 78 of 85 Item 6: Staff Report Pg. 171 Packet Pg. 214 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Pay Period Pay periods and workweek for the System Operations will begin Sunday at 7:01 a.m. Pay periods and workweek for the Water Quality Control Plan Operators will begin Saturday at 6:01 a.m. Wages Wages will be based on the City of Palo Alto Compensation Plan, which may vary from time to time as mutually agreed upon. Overtime Under the 2080 Plan, the City will pay overtime for all hours worked in excess of 12 in any workday, 56 in any work week, or 2080 in 52 weeks, as the case may be. Overtime will also be paid for hours worked when an employee is called in to work other than their regularly -scheduled shift. The overtime rate of pay will be one and one-half times (or current contract overtime rate, if different) of the employee's regular rate of pay. All overtime worked will be paid to the employee. No compensatory time off for overtime will be allowed with the exception of Water Quality Control Operations. Relief Employees This provision only applies to the Utility Systems Operators. The five Operators share the relief week evenly as they rotate through the five week cycle. Relief employee(s) will be used within the 12 -hours shift schedule only when relieving for the System Operators on shift. When not relieving, they will work four eight -hour shifts. When a vacation relief week results in a 36 -hour or 48 -hour week, the operator working said week shall be paid at one and one-half (1%) time their normal rate of pay for hours that exceed thirty two (32) hours. Relief Duties This provision only applies to the Utility Systems Operators. An employee who is scheduled to perform relief duties shall be available for duty in revolving shifts on any day of the week and may be assigned for relief in any shift without advance notice. Relief employees will be paid standby pay during their relief week. Standby This provision only applies to the Utility Systems Operators. An employee who is on relief duties is covering standby, and will be compensated according to Article VIII, Section 7 (a) of the Memorandum of Agreement. If the relief employee is on vacation or otherwise unavailable for relief duties, the employee(s) on their three or four -day off period will be first on standby. Page 79 of 85 Item 6: Staff Report Pg. 172 Packet Pg. 215 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Management reserves the right to utilize Management personnel as Operators on a short- term, as needed basis, if no Operator is available. Filling Vacant Positions If the City elects to fill a vacancy other than by reassignment of the shift or the utilization of prior or succeeding shift personnel, the following procedure shall be used: Employees will be called according to their position on the Pre -arranged Overtime List (POL), with the person with the lowest balance being the first one called. The purpose of the POL is to fairly distribute the available opportunities. If an employee turns down the overtime, that amount will be added to the employee's POL balance. If an employee cannot be contacted for such assignment, the employee will not have any overtime added to their POL account balance. Shift Changes Shift changes caused by scheduled time off or sick leave will not be considered an official change in shift. Maximum Hours Worked No employee shall work more than 18 consecutive hours. Rest Period In a 12 -hour workday, employees are entitled to a rest period of 8 consecutive hours after working 6 hours overtime during the 12 hours immediately before the regularly scheduled hours of work on a workday or non -workday. Holidays Employees who begin their day or night shift on an observed holiday will receive overtime premium in accordance with Article X, Section 3 of the Memorandum of Agreement. Employees who work a schedule where a regular day off falls on a holiday will be paid for the hours they would have normally worked on that day. Employees working for Water Quality Control Operations may accrue holiday time convertible to vacation. Sick Leave Sick leave will be earned as indicated in Article XII, Section 1(a) of this MOA, and shall be charged in increments of one hour. Floating Days Off Floating holidays will be made available to eligible employees and used pursuant to Article X, Section 5. Page 80 of 85 Item 6: Staff Report Pg. 173 Packet Pg. 216 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Vacation An employee's total entitlement will be converted to hours (eight hours = one day). A workday will consist of 12 hours, and employees taking vacation will be charged 12 hours of use. Two week notification is required for any scheduled time off. Only one person at a time may be scheduled off. It is the intention of the City that vacation be taken in units of one work week; however, with approval of his/her supervisor, an employee may use his/her accrued vacation in units of less than one work week. Meals Shift employees shall be permitted to eat their meals during work hours and shall not be allowed additional time, therefore at City expense. Shift Premium Shift premium will be handled in accordance with the current Memorandum of Agreement between the City and the Union, Article VIII, Section 8. Jury Duty Time off for jury duty which occurs on a regularly scheduled workday will result in the employee being credited with up to 12 hours worked, for pay purposes. Employees called for jury duty who are working the evening portion of the 12 -hour schedule will be placed, for payroll and scheduling purposes, on the day shift for each scheduled day such employee is required to report for jury duty, and will not be required to work the evening 12 -hour shift before or after being required to report for jury duty. However, such employee shall return to work on the day shift upon being released from such duty if there are at least four hours remaining prior to the end of the day shift. All other provisions of Article XII, Section 5, of the current Memorandum of Agreement shall apply. APPENDIX D. IN -LIEU PREMIUMS 1. For employees in the following operations assigned to work schedules other than Monday through Friday, the calendar day will be considered the holiday for premium pay of in -lieu scheduling purposes: Communications Water Quality Control Animal Control Golf Course Utilities Services Landfill Open Space Page 81 of 85 Item 6: Staff Report Pg. 174 Packet Pg. 217 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy Electric System Operator If December 24 and 31 fall on Sunday, then the preceding Friday will be designated for purposes of excused time off, except in the case of Community Services staff who may be scheduled to work on Saturday, in which case Saturday will be designated for purposes of excused time off. For Open Space and Library personnel, designation of excused time off will be based on Park and Library schedules and employee preference. APPENDIX E. COMMUNICATIONS DIVISION PROMOTIONS 1. Promotional opportunities within the Communications Division will be carried out in compliance with procedures set forth in Article VI, Section 5, of the Memorandum of Agreement between the City and SEIU Local 521, except that: a. In sub -paragraph (e) of Article VI, Section 5, the term "seniority" shall be defined as Division Seniority. • Division Seniority, for the purposes of shift scheduling, vacation scheduling and promotional opportunities will be calculated from an employee's first day of employment in the division. Any unpaid leave that is not protected under FMLA or CFRA will not count as service days towards seniority, unpaid furlough, and unpaid closure time. Other areas of seniority not mentioned in this article will follow Article 6, Section 5, e "Seniority" of the Memorandum of Agreement between SEIU 521 and the City of Palo Alto. Page 82 of 85 Item 6: Staff Report Pg. 175 Packet Pg. 218 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy APPENDIX F. RECOVERY OF CITY TRAINING COSTS In recognition of the extended training provided to affected employees, the Parties agree that the City may recover up to thirty percent (30%) of its cost for training employees, hired on or after July 1, 2012, in all Utilities Apprentice classifications and in the Park Ranger Apprentice classifications if the employee voluntarily terminates from the City or abandons his or her City employment before completing three years of City service in the Journeyman classification or Park Ranger classification. The amount recovered shall reasonably reflect the City's cost for the training, but will exclude all wage or benefit costs, and will be prorated to reflect the portion of the thirty-six (36) month post -training service period remaining at the time of the employee's termination. As of July 1, 2015 thirty percent (30%) of the City's average cost for training employees in: • Lineperson/Cable Splicer Apprenticeship Program is $5600.00 • For the Field Service Representative, the City's two year training cost is $ 6,000 • For Substation Electrician Apprenticeship Program is $4800.00 • For Street Lighting / Traffic Signals / fiber Apprentice program is: $1800.00 • For Park Ranger, the City's two-year training cost is:$6,300 The employee will be required to sign an agreement providing for reimbursement to the City as provided above on the form attached hereto as Appendix H. APPENDIX G. RECOVERY OF TRAINING INVESTMENT AGREEMENT This Agreement is entered into between ("Employee") and the City of Palo Alto (the "City"), as authorized by the Memorandum of Agreement between the City and SEIU Local 521. RECITALS A. The purpose of this Agreement is to limit the City's risk that it will invest substantial sums in the Employee's training but potentially lose the value of that training if the employee terminates without rendering substantial journey level service to the City after training. B. The City may require reimbursement from Employee of thirty percent (30%) of the total training cost for position, subject to abatement when specified service requirements are met. C. On or about (date) City extended to Employee a conditional offer of employment in the position of (position), subject to Employee's Page 83 of 85 Item 6: Staff Report Pg. 176 Packet Pg. 219 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between SEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy agreement to complete the training necessary to perform the duties of (position), under the terms of the training program. The (position) requires [description of training], which as of July 1, 2015 cost the City approximately $ over the course of the training. D. This agreement sets forth the Employee's agreement to reimburse the City for the City's investment in the Employee's training if the employee voluntarily terminates from the City prior to the completion of thirty-six months of service following successful completion of the training. THEREFORE, the Parties agree to the terms set forth below: By signing this agreement, the Employee understands that s/he is bound by agrees to the following terms: 1. (hereafter "Employee") agrees that in training Employee for the position of the City of Palo Alto (hereafter "City") incurs a total cost of $ 2. Employee agrees that amounts recoverable under this agreement do not include Employee wage or benefit costs. 3. Employee agrees that in the event he/she voluntarily terminates or abandons his or her employment from the City prior to the completion of thirty-six (36) months of service following the successful completion of his or her apprenticeship, he/she will repay the City for the cost of training noted above, prorated to reflect the months of service the Employee has completed following successful completion of their training. Employee agrees that for the purpose of this agreement, "time of service" shall begin on the date following the successful completion of the Employee's training. 4. Employee agrees that the aggregate amount of repayment due will be determined based upon the attached proration table. 5. Employee agrees that repayment shall be due and made in equal monthly installments over the twelve (12) months immediately following termination, on the first of each such month. 6. If Employee does not fully reimburse the City for the amounts due when due, the entire aggregate amount owed will become immediately due, the employee will be deemed in default on this agreement and the City may initiate legal Page 84 of 85 Item 6: Staff Report Pg. 177 Packet Pg. 220 of 462 Item 6 Attachment B - MOA City of Palo Alto and SEIU Local 521 between sEIU 521 and January 1, 2025 - December 31, 2027 the City of Palo Alto - Clean copy proceedings to collect said amounts. Employee will be responsible for all reasonable collection costs and attorney fees incurred by the City in undertaking such proceedings. The City may elect to forbear taking such action to allow Employee the opportunity to become current on the debt. Such forbearance will not alter the Employee's default status or adversely affecting the City's right to later initiate proceedings for recovery pursuant to this Agreement. 7. This agreement shall be effective on the date listed below. DATED: Employee Title, City of Palo Alto Page 85 of 85 Item 6: Staff Report Pg. 178 Packet Pg. 221 of 462 Item 6 Attachment C - Salary Schedules 0 a 0 O 0 O 0 O 0 0 N 0 N 0 O 3 o o m m N n m c O N o N o Ic m m Q m o N m o S� ~ ry iI �' vI NI vI T Ci 0 O M 0 W 0 C 0 t0 6 0 W m m m m i vNOi ti " y m ao m o v m m m e o a v`ii w ao �o ut w m m m a c a a v a a s in m m v v v a a a a v v v a s in v m �n vai u0i vNi vai �n u�i uNi 0l VI M V C M V ul N M V ut N M V ul N M V ut N m V ul N M V ut N N en en N W LO OJ N IR N N Ni M ul y 01 c N o v 10 00 m o 0 u m m m m m o m m o N 0 ;n - - vI N T 0 V M ul W O + L ^In ON C N ' tD N O M O T N N ONl N w' W � O � N N Oi 1� VI W W VI Ot O 3 p N y m O 00 W 00 o 00 m 00 m O o a i li V W 0 ^ l0 N N H^ O N N m m a IO l0 O O O 9 N o0 W N n M LQ O a0 -ii Iq N H ry 01 W \ i[i a0 O O Oi a0 O l0 a0 O V a0 V l0 e0 .� a0 O a0 O In UI UI UI N VT L} - — — UI UI to - N N UI — — UI 01 UI N VT N N N H VI UI 01 1j N L} VI UI VI UI: a i w N C ut N V N Men NlNenenNNenenenIneHNenenN1 N m V N w N (� 10 m n a om m m 0w N c 10 00 ui o V o6 a m O a O m en o M D Io o0 o Rv a0 ? 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O0 0 o v1 en in M 0? a. C L W OD � N N N 001 N E m m ro oa n 0 00 en en W N Gycin in en en en N C m N CO N 01 m m � 1l1 Oq ^ 01 n M H-i N W 00 M m N O V t0 O n Iq N M V n N N Lq rrr? Iq •L � v � a a in n n o0 0o m n n "m "'ro m v1 v1 in 1c � in in in � � � � n n n in in 10 10 � a a rn in in M W � d V N N M V ul N N M V V1 r1 N M V N N N M V V1 r1 N M V N N N M V V1 rl N M V N N N M V V1 VI J. I6C QN J O O c m r a w 0 U 0 d O U 00 U O L m U n E c E n E c E n E u E n E n E Q v x x w o z 0 z 0 z 0 z 0 z 0 z 0 z 0 z Co O - LO M O M N V V (D W 00 y N U) NO on W 0 Qi Item 6: Staff Report Pg. 182 Packet Pg. 225 of 462 Item 6 Attachment C - Salary Schedules ro m Co v oa m Co n a o c Co o O c L m m O m Co m Co n Q N N Co N Co m N v/} L! v/} V! 'VT i/' 'VT = O a O Co Co m m O CO n a u1 .... as+ - o Co Co Co ^ m Co en N O .i N to O Co a M n UJ N VI n Oa N m ^ 0a N N O W N m N O m n N �o O ro O N n o N 0o N M m M y ri o v a6 v ri ai �c �c Oi od o S o S n v o m v S a a m a v S S S O ut ut � � VI Co Co M a Co Co Co M V V1 Co M a VI Co Co M V Co Co m a Co Co Co M V Co Co m a Co Co Co M V ill 0 Co O N a 0 Co N d p 2 2n m a m Vni S a in N in i/' N N M in N a N S a N N N aO L CO n S ro N m m n m w O o ri �i ri �i ri ao -D N W M N N M N N O O 00 n n Ot n O N n Vf 00 N m Vt l0 N a V1 W O a s N N Ol M 0a O n Ol O N a N W VI N O V1 Ot W O a a 0 ill o. On n T N n VI N N V V V V Oo V V V u1 y/ 1011 V�1 ilml �D Va1 Vol M tD T tD t1D Val Vni taD tD . taD . . V i w N Co M a Vl N a Co M V Vt N a Co M a CoeCoenenCoI Co M a Co Co enaCo w N N O a O O Co Oa n O 10 en N M O N — m 3 N m m n a n m S 0 S O n a c o? o n m a a m Q m o v m m o 0 LU W ON ci C ? T s is Co Co ai Co ri m veei V 10 o m ed O N C m ti m ti 01 O V O CO O Co N Co Co Nr 1 N a1 tD W a c W O ti O O N b a a tD tD N n a a 01 � n W l0 V1 n a N N V V C lNO Ol a O M ti M N M n 0 g n Vt IMlI to T Ol m I� l0 W N Vt O 2 O K H In en en en en - - N a? In L! en L} VT - - - en N In en en en en VT - L! — V1 L! L! V} VT - - - LA en C v .-1Co010101Co1000 a In a a In a a loCoelenenCoCoCoen a Ui N w ^W C + ON W O S O O 8 m a o .n -I m n 5 n Q Co m Co Com Co Com Co Co Co v�. + u>• - vn n .n an Q m n n n n + > m O CO CO a CO a.L L ry ti m m S m o n m E m 0 o m m 6 a � in +n In +n a6 U N Gy +n +n w. W N C tD O N N 01 O m n N n n N VJ n V1 n V1 N N n N uJ M N M N O N W a 't m N 11 a m O m O W W O T W a0 O a a m In t0 a0 O q a W W •L 6 W N � o. N V N N M a V1 N N M a V1 rl N M a Vf N N M a V1 rl N M a V1 N N M V V1 rl N M a N N N M a V1 t0 J J l0 U _w U O N O Y N E E H (n r C O U O U T U O L a O E E N U c w c U to L N ll l Y U U o U E U E o E c E n E c E n E u E E n E Q L x x w o z o z 0 z 0 z o z 0 z o z 0 z a LD N M L r M O Item 6: Staff Report Pg. 183 Packet Pg. 226 of 462 Item 6 Attachment C - Salary Schedules 0 0 0 0 0 0 o ry a w a to ao N C C n Ol N l0 w w n n 1p N N = T M O t0 od n O n w O a O Y 16 .... C O N, O m m ti y T ON1 O N M M loll W N 0�1 m O N n .mi t0 m ill e N m lO m w a n o ^ N N n to lD m V1 m O v tD m 111 m O v y t6 of T a6 � v n v �c ai lc lc ai v r-: ri od v n in v ri o vl o v ri o v ri � � In ul to to to T in o in � � ul ul vl to to a a in M In ul to to to in In to to vl to to �o in M � to to d VI N M a V1 N M V 111 N M a VI N M V 111 N m a Vf N M V ll1 N m a VI N M V ill O On n cli 01 m 01 N tP 4 Ol O W W c m m a'. a' a' m v N Uf N N N M in in N N T O O N O Vf N O m O M I� n + L O O a vi V a V o n m ry o 3 p N y O N Nn O n N N O n O n V G1 0 kq M N N M O v M n w D n n a n n 0 w N O m a N H m w w vl m N n a N m ry N n a � � � � ul ul � v v ul ul vl in N N a°e umi N � in in N in in in in ininininininin vl � in in In in to ul ininin,no,inin to to lc in in In in In to to — V! in V! to VT lc N vmi N M in In in to in to — Vf o i w N M I NiN0101Ui.1 N M V Lfl,1N010101.1 N M V 1IN0101U1.I N M01 Vt N 01 V Ui w N n { v m 6 m M o m v o N N — m 3 o vi a6 v m of ai a Lr N r .E.a . v � � m LU - C v t OD V U N G 6 O c a O W m n 0 m m C° O 01 rl O O O C C in in in in NV N w 1� W O N 01 n n m V vl O NO �D r� V NN N M 01 Lq T O VI H a N N a l0 n w M 01 Ol 111 O a t0 M tD N �D q O q O 1p N tD O O O O e9 rN f rn j uai u1Oi u°'i to 6 vO1i v v v vii vii uwi to lc v vai vni vii in lc v'ii vai vni O in in in VI in in in in - in in — in in in in in in - in N — in in in in in in in — in in in in in in in in in — C v..0010101U1NN01 a UiNNfli01UiNNm a 01NN0101U1NN01 a U1NNrIO01U1NNCfl a Ui L w C + M t0 n a O V w lO o lD q d - of n( m vi Id Id to 8 No 2 2 o m m 2 8 4) m m o o n o Q) c a +n n it :n ti in i m .n 1 Q N m v a + T � m a a m M a.C L C 0 N V N N W OD E m a o w 0 m a o w 0 w 0 +n of in +n W N y .n +n +n +n .n N n N N m w n N w k N n N m of rn N n w n m m n ry w^ m w n n N y ' V m V a o t0 � w T o lO Iql �! O l0 01 n NO m n •L � m �6 N ai ul � � in 01 v in � in o � � m �c ul in to va � a 00 a in ul u l � ul O o to v to � N to a inv M unovi to l in lc in in � in In 10 In 01 ul N t o M — Vf d V N N M V Vl N N M Vt r1 N M Vf N N M Vl r1 N M V V1 N N M Vl rl N M V N N N M Vl VI E Co 2 N U O 2 N p d N N N Q w Q N F o a o `pp o '- U U U U U U U (j n E a E n E c E n E E a E n E Q L x x w o z o z 0 z 0 z 0 z 0 z o z 0 z m O N N n V N V M N M C) M N 0 N N O 00 Qi Item 6: Staff Report Pg. 184 Packet Pg. 227 of 462 Item 6 Attachment C - Salary Schedules 0 oa a o ro w o 0 °J v o m a ID Q o ~ m .a i M o v o S rit +n +n in. in +n in r"i� C m N n o a 0 a o w m m I 06 u1 00 it m c C it. n v1 o o a u1 N w v m n N o O 00 / Oi O / N t/} - i LI - L} m tD O tD -i O N N ^ W N O O N N N N N N N N N N N N M V N M N q VOf In Lq al In VNf q of in in it o a v it of v it c .n v v it o � i v it m in it m i6 it it a a v it it in � � v v in a a v v v v in in in � �o a a in in in u1 u1 �o v1 v1 �o �o a v v d VI N M a V1 N M V 111 N a N N M V 1l1 N M a VI N M V 1l1 N m y VI N M V ill 01 N m /0 n m /0 /0 v d C W N n 01 n /O V tD V O 0 01 I` N V Q .n+ m m `" n m o N T o N W W it 0 v W + L S O O C iD n M m N 0 m V 1l1 0 1p tIN w' W 01 W �' 01 N iA Oi O N W 3 p N y O n R cp N M M M O a N n O q M O M n V 01 kq V V1 tG V1 V n, V -i N N O kq n clv O V OJ N W I� LQ N n N O N M n 0p O O M V n ww� V V 0 u01 of vNi m V V V V V V V v01 v1i 1 v1i not � o V V a in vmi V o u u .� N o T b V V V V W 110410410100 L} Lo 010410010 Vf Vf VI t/! t/' N Vi V} to tR V! V! N N 1,01/0 VF 00 a/! a i w N M I 00/Nm<00.0 N M V 00/Nm0000.0 N M V Vt N V N M00 LEO N In V 00 w N I\ N it it OI vi I� it m W c a o N n v n o m - W V M m .N-i m vN1 ONt C .— o N C m b n 01 ti N Cco N m o cc o .- i m C C N N H N N w O a m in m m W a n o t0 M 01 Io �o N m Nw 01 w O M tD a V n n Lo O1 co m V m n �o V u1 O n a N N it n In n m in ti m w w j v voi in m v v v v v v v u1 v°pi �o v v v v v'ii v vN1 v0°i in �c m v v a e O 00 t/ V! VI L) V} VT VT V) L! L! tR LI LI L) L) VT VT H V! N t/! VI L) V} VT VT 1/0 N VR 04 VI VI V} V) VT V) N V! V- C v .4Nm0000lNm a U1 00 a /0.IN0000U1n4Nm a 0000Nrfl000100Nm a N w C + a m a it m v it m N J N IN 00 N 00 W it a Omt w r it a m w : = oa m o ry m ti 11 10 mQ o m m m co e } T pJ 1p it 1p N Q. c Nm n n o m °y1 No E m m 6 m o 6 M o c0 i/� c0 N 1/0 W N Gy +%f C 00 N N N O O ti a r N 0 0 W m N O 0 NW m O m N m N W N V N d 1�l1 Iq 111 t00 -i-i l00 Iq .Ni Obi 1011 t0 •L � v v v in in m m a v v v v v v a in in u1 u1 io v� a a in a u1 u1 u1 u1 in in v1 �o �o m a v v v M W � N � o. N N N M V V1 N N M V V1 r1 N M V N N N M V V1 r1 N M V N N N M V V1 rl M N N N M V V1 VI 0 N C J C it C y N p O O O N N O c U U 0 N Q 0) U U U O U a N H p o= it Z > o o a a a o U U p a a a O O 01) O d m d a) p p n E c E n E c E n E a E a E n E Q L x x x w o z o z o z 0 z 0 z 0 z o z 0 z yN N N LO LO N Item 6: Staff Report Pg. 185 Packet Pg. 228 of 462 Item 6 Attachment C - Salary Schedules 0a n a o0o a N (5N o v a of a v m C V N n O O 0 N � a� = m en 0 N 0 a o N n O o ao m OW ON O N i0 n O ' n O N m 00 in m a N O + W V} M VT m 'V ry 'V 'i M LT N t/} i tfl tO V) m N M m a CO W N N N 00 ON N N M W tO a ti y m oo e N M o ' m m o N ' M m ' m ' M m M a m 0 io N N N v w ry ro ' o; N )c ai 00 N n n "'w 0 m ai ai n tO o of n tO CO o n 0 Cl od 6 O n n '� v w Leo in en in tee in tee in vs in in in in in m in in m n o n �o w in in n us ca vs in vs in in n in en in in in in in ut in m in in in w in in in n vs in vs VI N M a V) 00 N M V V) N M a Vl 00 N M V Vt N M a V) N N M C Vt N M a V) N N M a VI CO N O N N O V1 a rs 3 m oao n v m o in V! in in in in N in ui o n m o O m N n Lq 0 m + L re o� o� O of a Y G O tD o n Vt m N oao V) n c LT a ri a n a VT a L1 a Vf a .ti a a 3 p 'a N y o v o m N in m m n n m M In n m a n m o -ii rn n N -i o o m m o m � M n m n n o q v) io n v M v N in ao o n c a in N M T n ro m o o T 6 w n -� v ut on in in in in w to m en �o on �o n en n in n on in in n n ut w to n in ut in ut N o in T to en I en T in in in Vl a L m a a a a a a a a a M w N v N a IN o0 — m 3 o e o6 v O of o i6 n vi v c m LU m N N in in N N in C t OI CI1 t6 lV O N N N N ° Ci 10 N N N e0 '" N Nn � V1 W tG M O O W n N N m M I� N a tM0 O) O n m l0 N � 0p CO M N n a Lq n n N a n N N N a W M O m m O N CO N LO Vt O O tD e1 p On V V V) va) ut n oD c0 OOi Oai Omi �O V) n n Vmi n in vmi �O b N N N V) �O w M w I O in n in in in in in in - in in to in in in in in N in in in in in in in in in in in in in - in in in in in in in in C d NNNNU1O.tNN a Lt1NNNNNNNN a U1NNNNNNNN N U1NNNNNNNNNN a) 4w C + in N M W O O N m V) — d - O W VI I V1 M I N in VO) i1) n n N 0 Val N n O N N w� W C Q N ON ti i/T in en vl i/! in M t0 O O m .2 } c c O1 N ry '^ ao ry I E m n m .ai ao n +n in rn in LU N Gy in in in y/ N C N n n m a V O M ^1 n O a N m a 0'0 N W W V1 0 0 V1 ti a O^ a m O N a V N y O a m m a T eN1 nag a s O� O o0 a o0 V O m O� VI O 9 W m W O n M . tG OD LD n O V O O1 V 00 Ot 00 N 00 GO 00 V �6 01 I da d y N N M a Vl N N M a V1 r1 N M a V1 N N M a Vf N N M a V1 ei N M [f V1 a -I N M a Vl ci N M a v1 1J L � O U C N F C a C O) W C C a y N E a d W lL U '`oo w U N O C 7 U c N W LLI N U N W W U w a) W n E c E n E a E E E E E x x w o z 0 z 0 z 0 z 0 z 0 z 0 z 0 z w CO 7 V .0 0)) (00 N Co 0N) N N 0 M In N tO tw+) )f) O 00 w W 0 Qi Item 6: Staff Report Pg. 186 Packet Pg. 229 of 462 Item 6 Attachment C - Salary Schedules ry o 0 o n o m a a o oo o a o o o0 3 c o m 0 u1 O 0o u1 m to O a N in = M i o 10 n o N O n m r C H N N W N N ON in ti N N i/T m N V m ll1 m N ^ M m m W V M N O W Iq N V N N O O M N r ti y a In a m ro m m o o6 o 0 0 -q ro ro w m v a m 0000 v a N a a n m in � n a a � � a � a vl vmi n ao 0o a a vl vii vrvi vu'i vl 10 10 10 10 n m a a a vl vmi vu'i vl « H N M a In H N M V In rl N m V V1 H N M O In rl N M V In H N M O In N N M I In N N M C In 01 0 01 W In 0 W n O o tD o O01 N rs 3 c w n m w m v n m n o m y o o ti .. O1 vIi 011 ..y N m N > W T W 1p N N tD + L m m 10 LR w w 00 m w N m p N y O W 111. W oq N m in m In m .Vi O N m N m in N O IR M q W .�i M H . a, \ c C t0 00 u1 v V t0 C11 n I� o0 0o O v W O iD 01 O O R m v v l0 t0 01 N t � \ � intoininininin v a a v v in v in u'ii in inininininininjnoninininininininin n m v in v`ii vmi u1 u1 10 10 10 10 - n in n in inininininininonon v v v vii - Vf a L m a v e a N a N a a a a M w N _ m M V O W Vl e Y1 W n 01 N — N 3 O W 0 o v N m u1 r c M N a in m o n c o m C —. N V M W d C O C tD 10 N M N In M 0 N N Cc W W N 01 O n 01 C in in in in in in In O N O V I� O N b Vl N N n O N m 1R n 0a O o q m n .u' -I o rNi, m to o n n ao v1 m a 't N m ao m m a 10 0� m m n u1 10 n o 9 a o n a v v v uoi a v v v S n n n oo ro v e v vii v v`ii uai u1 umi 10 lc 6 n m m ro0n a a v v v vii O K N LT VT in — L! L! L! in in LT LT Li in — in L! L} in in in in in in in in L} in in in in in in in L! L! V} in in C d v v In e a In v c In v a a) 4w C i m N O tD 0 m V M lD d 1� N m M a 01 m to In O W M w W Q O O N N in N in Vf - - - - I+ rn O .2 ♦ > N n u1 N a m w ti CL c c m E m o ro m m o vmi a e6 :n in in NJ N y in .n n oo V 1c n m m W oo V N W O a V N y o0 O ' ri W o W � m^ V � o0 ri 0 v es b v 0 ri 0 o 0 ^ m V 0 O e h v •i � c v a v v v v c v o n n of r oo w v v ad v v`ii a vi ul u1 10 u1 10 10 lc r m 1c m o6 m v v c 16 o of v v`ii vl M N d a a) y N N M V vl ci N M O vl r1 N m V a N O V N V V C6 C6 � O a) m m C a) N C n I- g 5 1 F F a) c T E 6 O W W 5 a J Q 2) C = W W Q E W W a E n E E n E a E n E c E E Q v1 x x w o z 0 z 0 z 0 z 0 z 0 z 0 z 0 z w O O) CO M N- CO y CO 01) nII) ') M M CO N M O 00 CO W 01 Qi Item 6: Staff Report Pg. 187 Packet Pg. 230 of 462 Item 6 Attachment C - Salary Schedules 0 oa o 0 0 0 0 0 lc to m o a m J 00 a vi to N vi W d L W l0 cD m l0 N M m Q M m N N N e° -I eNi L! il} e�i V! ilT i/1 C T n O O ^ O O L 0 m CO a a a o o6 N o o m o 0 N al}en en VI L} i m M W Iq O m Ci N Ce N Vl M N O W O ill N M Ce en to CO V1 N N O W O Ce a O of a0 ap m � O N W I� n W O N N N a m ni a a0 m O m ^ ^ a M N N N y V tC 01 m a� 10 v tLi OD O a a A V 1� O 01 in V Ih O V I� n n^ 00 I� O m m a0 Oi m V 1� O � � u`'i N ut ut a In m m a a In ut ut m y ut ut ��� v ut ut a ut ut m Ce N M to Ce Ce N en C N M a Ce Ce N M V V1 N m a V1 Ce N M V V1 N m a V1 Ce N M V ill O en O N V ^ i 00 A 00 J CO O N .-I N m ID M O O O V1 a W CO M Q N I N C in O°t N N N N Vm1 N in VF N — N T a W N a L o6 n m o 1 w' W L} e^mi iA /} V e^mi V1 3 p N y m N N m O m O m m m O O M O q a W Iq l0 N m a n N V) N V m W O O D a ill O W Iq I\ lO m N m m W V) tD M ^ N W W Iq ti tO N 01 W ^. \ V ill ill a0 0 V V V O M I� M V V W O iI1 ill W e0 O Vl a0 m N t0 c0 Vl VI l0 a0 O ill ill W W � � nenininintn Ill �D V - Lf 111 o en m en V o,en V1 N on Ill en V Ill nononen I(1 V1 l0 N l0 Vi tD on I� N I� - O - O V! in N V1 on V N 111 on in H 1l1 - i w Ni N M a Vl N a N M V Vl N a N M V CeiNmtoCeC N M V Ce N en a Ce w N o O o o W Ic V1 m N v V1 o W m m m v m o0 o m c n o0 vi vi Q m ro ti o ti LU CL en en — CCe T m �mi1 0 vNi C v t N a N V O N L .-t m V Ce Ce Ce C 01 N Cc� O W N O 0 N O a C C en N in N N V! N m a I� O a O W b N O m O a N a 1D a b W N m O m O a IA `v j V I°l1 ill IA Ill M a a V V M M M a a V vat N a V Ill Val V^l 10 t^D 1� n 0 V VNl VNl a V last V^1 O r K H V! VI in in in VT V) L! VA — L! in in LT VT VT - V! L) — in in V} VT VT V) L! — in in in in VT VT V) in VA V) C C) .-Ce-)entoCeCeNm a CeCeNnntoCeCeNm a CeCeNnntoCeCeNefl a CeCeNenCeCeCeNin a Ce w C + W o O V O {w� m in ry w a o a aw C Ce enin in V} UT Ce L} iCe Q m N m m Ce Ce m } T O m m m I- N M M ^ C L 00 N M 0 ol N N in 0 E E m o 0 m ao m m 06 en N of N of en n of en of .n yI N y n N m O1 m ut lc w m m m m o o m ^ n N to m ut m^ ut n n m o m 6i u�i .i°. r rml m •L h v of v In in cd ut m a a v v v m �c m m d a a w a of a In v ut m w v v in v ut w ut o to v I m o n v n e v I� a ai a In In a of v In v ut in I N N V N N M a Vl N N M a V1 rl N M a V1 N N M a V1 rl N M a V1 N N M a V1 rl N M a N N N rv1 C V1 V cc CC a) L d J O C a) J 0) L Ce N Cl) C 5 U ~ N CO O CO V Li o. CO a 4) w N ° N 2 O) °- 8 U d .a W N = 'm (6 LL 0 0 en LL en LL IL LL wCT n E c E n E c E n E u E a E c E Q v x x x w o z 0 z 0 z 0 z 0 z 0 z 0 z 0 z Ce O ^ O en V a N N N M N M M M 0 00 N O O 00 Qi Item 6: Staff Report Pg. 188 Packet Pg. 231 of 462 Item 6 Attachment C - Salary Schedules 0 to 0 0 oo 0 w 0 o 0 m 0 io 0 0 m 3 m o v n a C M 00 00 N 0o O T T N a N N N N N O O vii = s y 0 0 o n n A ry vO1i a ry ry ol m m ul w to m o n 0 v ti y N o �o e m m m m o m m v o m m o m 00 to n eo m o y of �c ai ai a6 � od ro n o v ri o v ri o ri o o ri o 0 o ri o e in a in vu'i M ul to to to to � to O) VI N m a N N M V 111 N M a Vl M V 111 N m a ll1 NNN ill NNN ill NNN CC � 0o co m m n to m w m m N m rs y 3 c ro v vni ti o n n m in V! in in Vf W V1 N N ro n n n N > n n N W n + L d Om Y O m m m g vo� m m y N N N O W lND N n O 0 n tD a n m N ' N N N c I G1 Lq M N N n � O Yl N H N a -ii N O O q N t0 N N O O q N n W T CO a N O QJ \ � N v v ul v vl vni oo v"i vmi M of .n ul o to to to of to vmi �6 .n of .n lc to ul .n .n � to ul of .n lc to o6 to 6 vl .n to to ro to ad vl to to a to n � v Vl L m o a a a a a a e N a a M w {m It, C N m m — m 3 v vi m o6 of o ro n o m o6 m c n a N ry o 1 W m in n in n n n n C —s v ai lc o ai N O 0 b m N ON o ci of .-i o o C Cin in in onin in in NlD 01 n M T W u) N 1p O if1 ti Ol H Ol T T ai N � 1p N O q O O O W tD N 0 N 01 ap 0? -ii O 01 W n OJ O 0 N 01 rt n N W O CO n tp OD t0 UI OJ N e9 V V V ill Val V V vhf lNil 111 tOD l0 V1 ilal �lnl tOD tm0 lOil VI 111 111 tp ill l�il tp tND vMl 111 loll tp tD l�il tp l�D l�D O in .n in in in in in in - in in .n in in in in in in in In an in in - in in on in on in in in on in in N in in V1 in C N oONNNU1OONN a 00.IONNNUiOt,Nm a N1N00Ci00.t,Nm a iCCNmCiUioirOm N In a) w C } V1 M n O Ol N I� N C) 00 oNvt 00 00aIC v1 Vi Ol W I t0 N tO0 1p N W' Q ti M Om M m .Ni 0-I ti - - in - V! In M b t0 V V U) O n .2 } > T M M n O T n ^ E m a oa w o O n - of of +n :n +n U N .n .n .n y/ N C n W N Ql M ^ N m N t0 O Ol V M W n al O^ M n n O1 N W N N N n't n 11.1 tfn trvl •� GlN I___ o. d y N N M V Vl N N M V V1 r1 N M V Vf N N M V V1 rl N M V Vl ci N M V Vl N N M V �n N N M V V1 V a ° � o � o a�i U "O UO U N N CU N U O_ C U (UU U I > U v 0 E L m c L F z U N N C a) E y 2 J o LL y U) LL i3 fw N C LL N Cl) Q CC N CC 10 O C7 E E E E E E E E a v w o z o z 0 z 0 z 0 z 0 z 0 z 0 z CC V o ON CD 00 ON C) ON m n co a N Cl) M M v v v v 0 CC IN O Qi Item 6: Staff Report Pg. 189 Packet Pg. 232 of 462 Item 6 Attachment C - Salary Schedules 0 0 0 oa o 0 0 0 m O m O a m (5 3 v � (0 m o v a o m a C c Vt 0 O a N VI a 11 en i v/} N L} iA VT in VT in = O n n n O M m�p c Ir 00 00 C C cr � O m N N O � N N N N ri n ry n O N n m a N `V m m n r n m a m a m m n m ut N in m m m N N a m o ry `�' N d m m 1O1i Lq a N m O VMt m fn a s m m Vf a m m m uNi V �01 n O Ifl O � tD O V 00 n n W � V N n N O IC O 00 V 01 n I0 O fl W to n N m vt � � n to to to N � � In to to w n vNi vu'i In to w vt to to a ut In ut — Ul VI N m a N 00 N a N M a Vt en N m a Vl M a N 00 N M V Ill N M a Vt N M V LII m N. O N Ot N ti a M m o O Ot y 3 C III W 001 Vt O N 0- 0 V N O O I VF in N N Vf N N m N m w m N �' n O VMt V Vt Ol n n + t m m vt o W Lb m mm O m .ti ri ri a ry O N y N N N n nt N n la0 kq a m n Vl a <0 m m N m m lm0 l00 tcD N T M a^^ m a T N m N Ot O n O n m v a N a m M N a 0 m m Gl I6 a, � N o e c6 06 v afi of of n t6 � of ul v cb N �6 of ut o t6 o a ab .+t ul �6 � � w n n n vu'i vt N tc in to in to in ul in to in to w vt in tc in to in ini/0ifl010ininin ut to w tc in In in ul in to in V! w V! to � n v in v in in in ul in Vl a L m 4+ N m a vt .i N m a vl N m a vt . N m a vt ri N m a vt . N m a vt ri N m a m .i N m a vt M w to, m LU a n o — m 3 v m o e m o m c m to o n vt n N � c a vm�t LU m N N N N V V N C . tG n V N n N OJ O N C m 0 n 0 (0 W Vet r- O r- 01 C in NM a n O al V O a N m m a n 0 1 Ot n a O O O a N a n m a O lO M m 0 N O T O I� M tD Ol a Vt l0 Lq O t0 M N N O O O M O O g O M (� ei d tD t0 T t0 I� I� l0 N m t0 Vt t0 n N Vl tD m tD T t0 m N tD a tD n t0 ilt m Vl iD a tD O m t0 Ot Vt tG �0 m 10 a a O Vl O Z in in in in in LT in in in in in in in in in in in in in in Vn in in in in in in in in in in in in LT in in in in in Vn C a a a v, 00 a en.-lNen00Ln00Nen a enenNen00enNen a ut N ^' C + V a t0 n O a a t0 N l0 n VNt m - d - T Ot a N M 0 U vi N 0 a N cr tmD O� Vmt w' W Q -ii M .-ii 0 m N 0-0 ti - in - - N In M N m a m n .2 E m O to ul O m ut in 0 in LU N Gy in in in in in +n N C N M^ m m t0 O^ Ill N^ O M a dl m VI m O N O m M tD N n ^ N m O m Ol v N y . O O o0 T I� N O O O a0 m O ttm'f to V O 0? Ol m of m O m O ' •i M � � to OO w n t0 n vMt vu'i 00 vt tc V to l0 In 01 In to N w to v"'i vni O to V to to ul ut 00 vt to V to a ut In ul O to vt 00 vt to 00 � a N a N v In in in in in in in — in in in in in in in in in N d a d y N N M a Vl rl N M a N rl N M a Vt ri N M a N rl N M V Vt N N M a N ei N M a Vt N N M V Vl Vt N C U N Im N = N J O LLI C N n E c E a E c E n E a E a E n E a w o z 0 z 0 z 0 z 0 z 0 z 0 z 0 z �+ rn rn r O V W n LSO c�D Item 6: Staff Report Pg. 190 Packet Pg. 233 of 462 Item 6 Attachment C - Salary Schedules 0 o 0 to 0 0 0 0 0it 0 0 m m eel ol it n O I ` a m n n M a o a e it d L Q N 40-I N to rt N - R 0i eNi = �' O it n N it n l0 it W n N n O L W W N O .- i m +/\ V} e0 o O N i/1 T No Lf ti I y N t N n .�.1 W n m M a W o N m V m m n-i o? N N m o g m O N t0 w N-i v (O m VI m n- o M v n w o g m rl1 n M o g N T N i1�1 ' y lc m of ai o v it eo m a 06 ul of in in o o � l6 of v ai vl a v w of in � � In vl to to to to � n n n ul ul to to to v v v vl to in � to to a a in v v v VI 0 N M a Vl N N M V 111 N M a VI N N M V Ill N N a VI N N M V ll1 N N a VI N N M V ill _ N W V N N N N 04 of O eel a A � o o n v w O Q Mit Anil m O N N Vf N in M it in it V' N N T a a it it it n it it it + L O en L N lO ^ m vl t D 1en 0 N 100 n 10 N W lD , O - W a a 1 W 3 p N y N^ N n W N 10 W O q a T OD IR a N O m W VI M n W O O M V n a N T N M O n 1111 O M i!1 n W n n O M W N n a O ~ N M V tp O q ^. \ V 1� O a6 V n O I0 O Oi c6 O ID Oi a0 V tD a0 O O Vf a i w N M I N4NNNN.1 N M V N4NNNN.1 N M V VI N V N M V VI N N V w N N O N n it m tD N N — 0 3 W it n 10 W l0 m W O n c a o r; m rl a ao 0 LU L Q .mi .mi o m o m 41) W W O N N m W N m ' C . s g rri Ic O N C N W 0 O M N W N W CcO N -I` r- h n W 01 Y1 Ill a n a V O O O l0 O W N n tD H W W tC n OI n W 01 10 n In n 01 ti VNl W N n N b 01 Ot n n 1p a V M O a tD a ill m W W N 00 O O O O M tD IA `v ; N N N lD b l0 n N N lD b M V V V V V V iA ilal Vnl Vml N vml t0 tN0 O V V V M V V V 0 O K H V! VI L) en en VT V) V! V! t/- VI - L} VT VT VT - V! N — V! L! V} VT VT V) V! VR V1 V! V! V} VT VT V) V! V! V- C a d .-0NNNN0Nefl N LI4e-INNNN0Nm N II4enNNNN0Nm N IJ4NNNNN0NN N ul w Cit + n o it it V m n m v o V o6 _m n oo m it 0 vii it vl it m it omo w it v ` m o m 0 0 0 o o mo m v v } T VI n N it tD ^ a. CL C n iD N m Ol N E m m m W 01 m W O w W N y V . v v v v, •L uNi N of ul to to o6 in lc n ul ul vl to to m a a v eo v v ai a in vl in in w of m to to v a s in m a v v v M d V N N M V V1 N N M a Vt r1 ry M V VI N N M V VI rl N M V vl N N M V VI rl N M V vl N N M V VI Vl LL U d d N 111 N L o U O U y W J C J J n n E a E n E c E n E a E a E n E Q u x x x x x w o z 0 z 0 z 0 z 0 z 0 z 0 z 0 z m y N N M N V N N N O en Qi Item 6: Staff Report Pg. 191 Packet Pg. 234 of 462 Item 6 Attachment C - Salary Schedules O O O o O Io O ad O oo O O ao O O c o o o v w oNo m o r o n In C T M O O N O 0J h ~ n O M MZ s l0 O n 00 m ui n c O a W O m Ii N In N il} L} iIn iA ' y m o� v cd a a6 ri of a ai a o o v a6 od o a o o a m a6 a ri m w m w in in in in vs vi vi in vs v> �n in in in in vi v� �n in in in in vs vs vs v> v� in in 0l VI N M a N N C M a a N N m a N N M V N N m a N N M V ill T N N V a N 00 - A ` C C 0 W N O o n O1 C Q Obi O .m -I .n -I N e�i N T O M O m O n M n n NW L O O ad O O N N M N N 0 IG u1 10 Ol w' W 3 p y n 00 N 00 V T V O N l0 V W M O O 01 N n LQ N N W In n N W n O V N N N W V N O O W m W N N T N n W n N O O N t0 N N O W N M V m O a N O O \ od o v c v m o rn of ro m o o m ro m o o n n ro u; m v m a of of � � InInInInInInry m v oo N m In In m N — — m In I, o In n N oo N ao N m N H — w In In m — ,N n N N N N m H V! V! m m N N N — N��� In In — — N a i w 01 N M I Vl N V N M V Vl1N00<Ui.1 N M V N 1N0101011 N M V Vt N O1 V Ui w N o m n In o I O 0o m v o e — I is o n n o m m v ao n I C c C ao oo m io 6 v m Q m ry o 1 n v m W m In N N N N In VF C .- o N C W O 0 01 N N 1O m a Io C In N In In N In NW IO V tD ry N N O tD N M O n Ot 00 IO O O l0 ti m co m .Mi Io n n u`�i, vi m N O M m , co a m Lq ao . m m . m a .Ni m (a j d �6 m eo m O v c v m n ao ao ao m n m vi m m m a m of m v o n of n a ao oo ao m oo m m m v m of m ao n n m n m m o m m � In � of Io vi O In In - In In In In In In N In - In In N In In In - In - - In In In In In In N - V1 In In In In In In N In - C a v a a 011011001Ui0N01 a 011N10010N01 a UiUiNrOO1UiaNm a N w i + ut m a a n ro m w - a ad ad a ad o o ad {w. C N N N n 0 0 N M 01 0 1 n M wW C Q 0.0 00 N N eni In ` 00 10 V} UT In Q Ic n n v en } T O O O M 00 ' I� N UI a. C L I� W N ti O M N E m O W O - ut - l0 W N y1O m V W V ry W N T W m n o IR N o o m W o °.: W m W W o N y tmq Lq INn Zq IO uui u`ii .ni uO1 uN LR N InO .Wi •L � m m a a n o0 0o rn m ro w m m o n n o0 0o m w w w m m� n n n m m m m m m In In N Io Io M d V N N M V V1 N N M V V1 rl N M V N N N M V N rl N M V N N N M V N rl N M V N N N M V V1 VI J � F F C > a U U U U U m 0 J C J C C J N J J C cc n E c E n E c E n E a E n E Q v x x x x w o z 0 z 0 z 0 z 0 z 0 z 0 z 0 z V y N IV) V) V) V) LO N N O O p -I Item 6: Staff Report Pg. 192 Packet Pg. 235 of 462 Item 6 Attachment C - Salary Schedules O p N W O W V o� n 6 0 0 3 C W 0 N 0 D tp V p tp W O d C Q � � O N W 01M en N N = N tp O N O W O p O a m - N M s+ V l0 III C H ll N n g N N �A N iA m y T m N W N M m m M m W 0 M 0 N N 1� tp 0 w 0 N 0 m C N W N N W N N m M n N m m O O V O taut m o ilml o O M 0 O N tO m V vi m tp m O j V m m N v N N n v o0 a6 00 m V r` a pi s vrvi a a o in N N n td n o W e 1 W o6 r ip o0 o m m e 1 N o to o O 0 a6 to tD v tD o6 tD 01N VI N N a N N N 01 V V1 N M a N en N M V N M V 01 N N M V N N M V Vl N N M V N 00 3 M tp O N ii O .i O 00 V y c n oc m ti m a m n oo V v N N VF IA N UI IA IA W 1p m V tp 1� + s C of of 6N rri III Y G 1. w tD n to o o I a N � NW 0 tD N N m m M W m rl N ro 0 0 m ao m Ii m m^ v o q N O tD v, V ao N m O o N w L O a tD e ^ lmO N ao N n n l00 V ao N ao N n w W o � \ � v ri v o to m N n r ao 0o o m a v v a a o e a m a6 in v ul o n e n ad n Nw to m r m n oo oo ro m m m o ul to v tc v� m to m to m t6 tp � .n v v Vl L m a a N m a vl .� ry m e vl N m a vl .� ry m a vl ,� N m a � .. ry m a vl ,� N m a m ,� N m a N M w - m 3 0 v O o I� W m t0 N o t0 C ~ ? O n O c N N C a .Mi m m ti m m M W m N NIA N V N ti N V _� 01 > i s vi rri od ai of O N o a 1 10 ti N tr N 00 tb a N a C h IA •A N IAN m r n m a0 r r O r W 00 tD m N W N N t0 M 00 Lq Ol 00 M N I� O N It a 0 V m r n O W V O N W ill N O op m 0 tp VI N N N N N (� e1 a e t6 rri o m o; o; o v n o pi m o v o e m oa a � � � a v v in n r n ao 0o v v v v a v v v tp n n m m n n ao ao m in m m m to tp O +A to UI IA IA IA IA IA IA V1 UI to VI IA IA LT IA VT IA V! N UI IA IA IA IA IA IA N N IA VI IA IA IA IA IA V! +A UI C 01 ..INm01NNNfl1 a NNNen01NNNm a NNNn1NNIN0I a NNNrn01N0N01 a N a) 4w C + n ap W V p ap w — v I0 N oa v o NI to 3vai w a a t1Oo vii o a ¢ .Ni N m am m .0i N .- it in rit +n ti o m m e e m m ^ ir.fr. F Y � Y� L M W E m t0 tNO O t0 O O - q IA IA o0 UI UI LU N IA IA UI .n y/ N C N N O M m n 00 N m O m N tp tD n N m m tp V ry W M W N N N V ^ tD ry n N N N V N y m V O R i W m W m 0 O W O V n m (f! m W W m •i � v a a in .n n n n oo w m 0a v v v c v a v ul tp n n m w n n oo w m in in in N m m to to tp to M N d 01 y N N M V Vl r4 N M V N r1 N M V N r4 N M V N r1 N M O N r4 N M V N rl N M V N N N M V Vl _ C CO J U — n 'rn C Co N N U) J C C H N U U F s E (0 N _ 0 cc N O O CO N U) n E a E a E E n E a E n E Q v x x x w o z 0 z 0 z 0 z 0 z 0 z 0 z 0 z w V N N N N N N M M O 00 NC W 5 IA 0 p -I Item 6: Staff Report Pg. 193 Packet Pg. 236 of 462 Item 6 Attachment C - Salary Schedules 0 o? 0 w 0 to 0 0 v 0 ao 0 to m o ao ai 3 0 rn a c N oo 8 n m v in n a c Q N rn N N N i +n ill. e01 n = to o 8 .m. n a o W 8 O n M r M s C N O N n m T N N n O ri ri o0 O e0 N N N i rn ti y m rn n 0-i v O O n o ^ N N lD to n o m a m W co o O CO O rn W N o 6 N N 0 o 0 rn n v, V �o M m m Oq m N Lq N rn a q M W o n m o q "? o; o in in v o ri ai a c6 m od of in v ai a v of ul a �c ro v n n od mw ri '� v w vl vF vF vl vl +n v�'i vs in vi in vi �� vi .n M .n m vF m vl vl us oo vs vi rn o ti o v vl vl an vl vl vl vs vs v vi v .n v .n .n v .n a vl a .n v`"i +n in vi vs v> n .n .n co .n VI N N N a N N N M V 111 N M a Vl N N V 111 M V N N N M V 111 N M V Vt N N M V ill ill N N N N 0 3 lO v co 04 N m m o o c8 Q 8l N N W N ^' ii n N M N N N > m W W W W N 8 V O ill + L N O 04 N ti W O1 nN O ^, W Oi O N ^ V O N r. Oi n p N y N rn m n W N N 00 N rn O W W O m n ^ rn n N n 0 rn V t0 rn O 1P m M N M rn N r1 rn M O N N rn rn N M rn IR n t0 lD W I�� V V 111 ill N Vl Vmt VNI 111 tp M w m M V 0 W d rn rn rn O ill i(1 VNl N C 111 v v V VNt tD n n m w W � \ininin.ntntnin � V) L) 00 ininininininin V) Vf V inin000ntntnin V V N V in in v 000ntnmtnin N N H— Vl a L m � d N M O Vl rl N M O Vl N M C Vl ti N M O Vl N m C vt N N m a V1 rl N m C vt rl N m a V1 •V M W N o rn m N W ry N rn N n m v vi ro vi c o o ao m m n n o O N c v N n m m � � N Nrn N rn N O O N I� 00 M N N tp rn rn n N n I� rn N m O N M n M rn n N T lG l0 rn tp 0i n O O N a O W M W N O rn N l0 n e1 o v v ul in a v`ii to m m m v ao ao m m o v v ill in uv'i v v v v v v v e u'ii lc n n n m O Z K in in VI L1 in in in V) .A in — VI - L) V) V) .A 00 — in — - L! L) V) V) V) N in 00 - L1 L) V) V) V) N in in C N N V N NNNNNNNNO1 N NNNNNN.HNN N NNNNNNONN N N ^' -W C + m 9 o o 2 8 m 8 d o O 04a m m V N 8 8 N m N v wtA N N W N 01 04N o w ¢ N N .2 . � c 1D n m m 8 a v E M o m 6 ao a N U 28 .n .n y/ N C m 0 ^ M O m m rn V Ol n N M l0 O N OD O ill N lD M O N OJ N n N N n •i .0) v in O of a C O aq W m l0 O m O v w m O m O o ul v W ^N,l of l0 m V v v n v h v co a vii O rn t0 n n m M � a ul vu'i v`ii in ul ul In m oo a vl uNi vu'i v a v in � o d y N N M V Vl rl N M V N r1 N M V N r4 N M V N r1 N M O N r4 N M V N rl N M V v1 N N M V Vl Vl ____d U U C C N @ J C N p me 0 y n N (6 J d C 0 O (6 C U) C (0 a E > ' m ma n n a) m O o a w w O a Co m $ o > O a Y CO o o 0 n E E E E E E E E I E E E E Q ' x W o z o z 0 z 0 z 0 z 0 z o z 0 z w V V N N N 1 V 7 N N O 00 O 00 p -I Item 6: Staff Report Pg. 194 Packet Pg. 237 of 462 Item 6 Attachment C - Salary Schedules 0 0 N 0 l0 0 W 0 0 00 0 t0 lC 1 O 0 O 0i 01 3 00 V O 01 V 01 O d C i v%} L! •A VT L! N N = i O O O W n n n n n M N N V1 �n O n O N M 1 1 V O N t0 00 M M ill W M M V t0 N N ill n W T n N N tiQl y v m co v m m tll tm+l �o o V^1 v w p m v, �o 0 q 10 m N .�i o g w vl � � n n r n Mm n "ro ro � � n ul in � � v a 1 1 a in in 1 � 1 w to n m vO1i to vl vl to to to v v d VI N m a N N M V 111 N M a V1 N M V 1I1 M V N M V 1I1 N M O V1 N M V T a N Ol ti 0 0 N ti R y 3 c M ro ti to O r W 1 O n In 0 m N N > VM1 0 N 0 O V1 ill + r- W 0 C 0 It, 0 d Y G a N 0 N 0 ^, � � Oi a ry a a a ri a1i! N y O O n O 01 V1 M tp l0 0 0 M I� V O h l0 1� O N M 01 O 00 O m I� M I�� \ e ri V a c6 0 of ill o o lfi n W n n W W o o c6 of W � \ � V V i(1 N V Vt — VM1 in 111 in 111 in inuiueueuetntn t0 tD lO I� lD tD I� in in in I� ininintntntntn V1 10 tD in tp in I� in ill in.ntnintntn ill 1 l0 1D V V in V in V — ill — Vl a L m 4+ N a e N a a a a a a M w N o w m N — m 3 a6 o oa I m e m of vi c a o o M c LU m N N N N V U N N ii c N C '- W Ii CO ON N N 01 O N O W C in en V O 9 N Ol 1 O O lD N V l0 00 W n W 1� t0 n 01 m Ol n O q t0 V1 N 0 O O kR a n l0 O 1 tD M n M V 1 00 W ill N V 0p n n M a V O a0 01 e9 a v v v0i in v v vii vii v1l u00i 10 � � lc lc O Z K H V! VI L} V} VT VT VT L! VA — V! V! L} LT VT VT in •A V- — in L} in in in in in in in in L! LT in in - in LA — w C N V N 1 O N 1 Q N 1 O N 1 a) 4w C + W p 0 r 1 r O O C) 0 1 1 01 10 N ro C a n v°Ji, u�i a m Q O0 m eel N H N Ci N i-1 e01 v1. •n ti .n an IH n f` W O 1q .2 + > o m m a a? 0 10 i0 N m 001 01 N Ol EC m o n a e n o 10 - 0 N o +n :n in Vi LU N .n N C ^ OJ M^ 0 m O N N t0 V I� lO N N O N N tp r M W N Ol N N N 0 l0 N-i N ' m M m a 1 V O D O a0 0 tIn .�i .1i O q O u a0 C O 111'1 tm0 •i � v � ri a a vN1 l6 a a in v ul ul ul od ul 10 v to c6 to to a � n n n to n n w 1w v11 in � l0 10 vl in in v1 to a a v v ul M N — N d a N N M V Vl rl N M V 1 r1 N M V 1 N N M V Vl r1 N M O 1 r4 N M V 1 rl N M V 1 N N M V 1 Vl O � 3 N T C O W Y C E N L U N Q Q N X f 0 O o C c c U w N u) m U O a- n E c E a E c E n E u E n E c E Q w o z 0 z 0 z 0 z 0 z 0 z 0 z 0 z N CC C) Qi Item 6: Staff Report Pg. 195 Packet Pg. 238 of 462 Item 6 Attachment C - Salary Schedules 0 0 0 0 0 0 0 0 a o O w o to 3 ao m ni n o vi oo N m of m of N nO a a c m ry r O1 .o -I 014 VT N = 01 VI n a m M n a N T od [it r- n V n W C M n ON n N l�O N M n O 04' 014 00 1)01 - O .0 01 1)01 04'o 4/01 N Q1 ti y O N O W N O N 0i N g N IR M N Lq N n N T .ai n ' N n N M O N M ln0 .Ni O N lNO N o m w ai v ai o ro a o n 11 8 0 I v v ri v a a v o v 8 8 in in � w m m vt vmt in m��� n n m v v vt v v v VI N m a N 01 N M V N N M a VI N M V N M a N M V N N M a VI In N M V In o 0 N N N In 0I M 111 0 00 rs y 3 C Oat W V W 01 tnD N 00 C Q Ol O N O N8 N 8 m O Vf N N N > 8 N n 10 O W 8O 8+ L oo n - °° In Y G O a o 8, O n OI V o w CO W O m r W Oi 3 'a p N y N N na 16 6 4 N m Lq O m N n O w O IR m Iq 0 m 0 V O O CO 1O m 0 n O o n w m o m Iq ^ m N m N ' \ o; o e 16 0 v �6 06 eo of v o 1 e ro of m e 16 06 v of m Vf a L m 4+ N m a � .� N m a � N m a � .. N m a vt ,� N m a vt .. N m a vt ,� N m a vt ,� N m a vt M w m m OI to M to W N m 01 01 01 - N 3 W V W IR 0 n W 0 8T t0 c LU v n n n 1/4 N 0° v n o 00 8 v m N C . od o;I Oi O S ti NO N C N i/' N H N 1P IR a n a a N N N a N O1 O1 n V O N a W O O w n m�� n m N W W O a O q cO � a O n t0 H a 0I VNI n� tD I� m T T O N Vmt n W N N O e9 M M a V M V a V V 1� W W Oat a m INlt N w tD T b n M M V a V M a a a a a a V v�1 O Z K H V! VI L) V} VT VT V) L! L! t/- LI LI L) V) VT VT - V! N t/! VI L) V} VT VT V) L! VR V1 VI L1 L) V) VT - N V! V - w C a a a In a a In a a In a a in N ^' 4w C + OI N IO ID 0 OI N n O n d — vt oa vt m oa to vi W 8OO 0 OM M n N a m m 8 m m ti ti °2 .2 c L M ry 88 8 m W W E m ti 0 O O n N tR 1 t/' W, N Ga N m in m m m N N n n ^ N mm M O O N m m 4 M^ N N a ry V N v t a v, tNO 6 In .mi (f! v tNvf m Lq Iq v taO �o m q tun oa n N m m oa c v m a c a v n w aw m m v� d v`�i In uo0i u°'i to � to n m m a v v m oa a v v c v v v uoi i .n N d a d y N N M a Vl rl N M a N rl N M a vl rl N M V N rl N M a VI N N M V N rl N M a VI r4 N M a V1 N m y N 6 O) _ V U 2 N cL d w d COU) Cl) m C) J Ip N N a a '2 lL Q 0 N c Q E Q Q N N p Q 2 fu a a m 2 $ 0 a a a a o EL n E c E E E n E a E E n E Q v x x w o z 0 z 0 z 0 z 0 z 0 z 0 z 0 z w V O CD V CO CO N 0)) N CO yM CO N N 00) N 00 N � CO O Item 6: Staff Report Pg. 196 Packet Pg. 239 of 462 Item 6 Attachment C - Salary Schedules 0 W 0 tD 0 O 0 tD 0 N 0 l0 c m o m n m o y c Q N 0 r to to C T n O O of n to O co 01 n V 5vvf Z N 0 O M W tp C m0 m ao to a N N LT N O a 0 W N M W N M N O m M m 01 n tD O tD V W W V V n m W N Ol a Nm y I a o e o oq in to ro m ro o m O to Iq v� co in n to 0 to m n m in o ro o V o0 n w w v o n n n j � a a m m o a a to to n o m m to to 0 n m to to w vF v' v' v' vs vs vi vF vF v' vs vs vi v> �n �n v' vF v' h vs vs vi v� �n v' v' vs vi d VI N M a V1 N C N M a VI N M V tI1 tp n N m V in tD n N M a Vf tp n m A � C N n ` A � n N �' n tD Ol N Ot } L O p h n N C O W n vt of w' W O Oi t0 e0 iA iA ~ LT 3 ry y N M O a O W T M V v W n V M � N ^1 N t~o m O M N W m a N N In N N . i n N N N Vt 01 n l0 M � \ v v v ri v of a in of n oo m m a v v ro a o in v to tc o n v n eo g6 n o o m v m � m o� to tc t6 tc 06 o m to to o to to tri 6 to m to n n � � ao a i w N M I V1 N V N M V to N ci V to to n N M V to to n N ci V to to n w N m o n m {n o a m in o — m 3 o in n v n m v o o vi � a o m o LU � Q o - o. m m m 0 ? s o tmo C G N C vi n 0 tc 0 ry tc C' m o] C tC CO to Vf to t Vf N Vf Nu� tnp m N n v tG to ti m n m m m -i O a rI n OI a n ti O n a 't m N o q r1 n n to 0 n 00 ao 00 a ti w O n n N m N N m n to ti n 2 j � v v v c � n ao ao rn m m v v v v tc tc t°'c n n m in in voi tc tac t1Oc too vii voi to tao � t°1c n O A V V ito 110 V i/i V L ito ito L L L 110 V V N L L ito V L V V V Ito L ito ito Ito V V V V C d+ a a oii-lNcitotoctNm a m toNctNcitoto to n II N m a 01 to w C + W c N n M M 00 _T {A m tt°ii ro m a Q i o toil ti M of t0 V t0 N .2a. C C V W O ry W E m n ro M a ' to' o0 U N W N C N m N W tp M N O O i(1 N o M M V N tD m n N M V N H ry ill a M V •L N W v a l0 a 01 O W V1 a W a .i V W n O a1 in in W a t0 T l0 n M � a m n o0 00 0o m m a a to to o n n n in to to o to to in to tc to to � W � d+ ry a a a e to n v tc n a tc n an J L N O L C O H U N Q R O ❑ ❑ W W w d @ `co o a 2 O U U) a n E a E n E a E a E n E Q n x w o z 0 z 0 z 0 z 0 z 0 z t o t� m w y coo M M N M N O ci C) Qi Item 6: Staff Report Pg. 197 Packet Pg. 240 of 462 Item 6 Attachment C - Salary Schedules 0 W 0 O o W O N o O O W C O V t0 3 m n M a W c a to m m o n n 10 m u a c Q C°i O1 00 r r 0 O1 C n O 8 n o m o o n n oo in L N C o v0i o Ory m W 01 M en 4 8 M N H N H N N ul a tO Ol u) O N ul W I toi O M 01 00 O N 00 00 N O^ 111 V OJ W N y N O O N O O N N O n l0 W M N V n N O w N N N 0Nvl N O n N N W N W n ri "w � w v a6 n n n n ai 8 n ai oo ri m v m o l6 0 v a o N of �� of n n co �� n� co n w m w m u o in �� o n a N in w VI N M a N 00 N O1 C N M a Vl 00 N M V ul M V N 01 N M V ut N M V ut 01 N M V LII 0 ^Il 0 n n � O O W V N 3 C N 1. 0 l W O V N W V ui V ul 0 N C Q 9 8 N ON H 8 N U) U) N U) Ul U) IN N N > M W 8 N 8 H N N L Y O O 8 8 IMlI M n W N a N a a a N a pN N y 00 O W O q n W O q tD a 0 c0 Ol N ' m O O N ry N O O N cp N c0 ill W M O O Ol O N ul O n 0 T CO O M n N 00 W tD 00 O O M Ol I� n V OJ Nm ro Ol N c0 N n m n ri �w m n n oo ro T ro w O m m 00 V 00 e O . M 0 O V O n n in U) w U) lc U) U) to U) U) n U) U) m U) U} U) m vu'i in U) lc U) to U) to U) U} c U) v o of of U) U) lc V) to U) n U) Vl a L m N a e N a a a a a a M w N M to p N m o N m a 0 N �\ 0 3 1 8 c0 O M O O O 6 O C c N n v m r m m w CO a n Q o m o 01 W m V V NMc0 la" OvmlOl W C G V! N N U! N NO1 � O of I� W Ol u� ut 01 a uD ut 01 n •'-I M O W n C M Ol M I� a o q ti W a cD OJ I� N I� N M 0 W O 01 N M ^W,l N W N 01 V O a cD V Ol c0 Ol O e9 O^ W cm0 I� n W W N N cD cT0 tm0 cn0 n W I� n m W W n W W Ol m v�l vml cp cN0 V V O V Vol vml cD cN0 c�0 O Z K N V U} UT U) UT UT UT U! U) V U UI U) VT UT UT U) U) N — U U U) U) UT U) N N Ul U UI U) Uf UT UT U) U N C N V a u1 01 a 01.0Nen01Lfl.HN00 0101 a U1 01 a ul N ^' 4w C + a m o m N o o N 0 d - ao ni m r co o v Vi N M 2 M N N N O 0 M W a, a .1 iR O v/T - UT U) - - U) W N N 0 8M .2 } > W E S 2 v o8 e N a ui E m m ry e a m a6 NJ N Gy +n .n .n .n N C n N O N N O w V O w n n.. Ol O N N O ut V m o Ol N N a o 0 0 V N y i(Ol cOO Ol 0 u"i O N W M O c4 O N n n O o 0 01 .: a ' W •i of o n n d m e 1 vi N uO1i lc a lc to d n e n a n w n v n a6 n oo w of n w h co m m in ul a6 ut to to o v a l6 a a6 a vi ut of ut N to .6 to M W � N d a d y N N M V vl rl N m a Vt r1 N M a vl rl N M V ul rl N M V u> N N M V ul rl N M V ul N N M V ul Vl O C N C O C O N U C O m N V cc J C N F N a N C E N 2 m = 7 (n ) o cn c d n E E a E c E n E a E E a E Q ' x x w o z 0 z 0 z 0 z 0 z 0 z o z 0 z V V N M 7 M 00 [V O Qi Item 6: Staff Report Pg. 198 Packet Pg. 241 of 462 Item 6 Attachment C - Salary Schedules 0 O 0 D 0 O 0 O 0 W 0 V 0 N m of o o; 6 0 N 3 c ao v oa m a m � o o in o n m a c a of N m i L} L! •A N h N N = m m O en O a O N O tp M L N N 0 O Ol I� O N m W N N a N m N N 0 ti m No i /\ 0 VI N tien r/! CL y M tD W 00 t0 O O i vi O O 00 l6 N N t6 O N N N O o0 O N t0 M N M emi N ON m N N O 00 LU V M M CO O I� ' � .i T l6 VI C M 00 N O t0 N t0 y 00 v N N N N 00 00 w a N 00 Li 00 ul o Lc ai N o v 00 a ai lc CO N N of m (o LU l0 N N to (o to Li in to to to to to In N N N to to to N LU N VI Ui N m a N LU N M V 111 N M a LU LU N M V 111 M V LU Ui N M V 111 N M O V1 LU N M V LU 00 O 0 O LU O N 0 a1 ry rl (N n Ol �O y O c m m o N v C a LU m Q Lee in LU 00 in N N 00 1O-i LU N LU V! Vf a/' N N N �' Vl V Cil O m m O W 0 VN1 n t0 + L a n a M N y N T N lmb N N 0o1 il) N N 'iil V t0 O l00 N O r N N't V m N a M fn 0 0 r W N l06 N M W N \ o l0 Di n o. a0 n t6 O T o 0 Di n a O N O e0 o V o n c a0 n t0 O O w I� O V l0 Di N n m 4J \flefltf0000fl uO o to - N. Vf N u t/- in o vry N n Vf Vf o -A u — — 0 c N N N. N H to t/! V! to n n w N c - - t/- it) Vl a L m N a e N a a a a a a M w m a c6 3 v m m o ao 00 so c a 00 r LU r LU LU 00 r LU m N ' V V N — — _� W i W t06 N CI�I m W C L 06 V N V N LU V C .l w 01 NN a lNO cl n a O M O 00 tD a M Ol N T O q n m lD 00 O dl a 0 q 00 O I� O M H N M l0 W ti 01 N V N m O n a a Vl W N V M tG tp V W I� e1 C 111 tp tip tD I� b N � n � N top taD lD � V � iil N iil ill tD b l0 1p lD � n � N tOD 1p 1p � � tD I� n N O C d e aLU a LU LU.-INen00LU0N0, aLU a a in a) 4w C + N O O V 0 W CL — � m m v LU `� ui a v vi lc O N m I� oo V 0 W ao V N W Q ti e�'I ti N O H H N Li L} L� v- V1 - N l/1 m V Iq .2 ♦ > vl m o a a o ui ^ L M N N N W (1�1 E O l^O 0/F ti N 41) LU N Gyc r%T 00 •rt N G IP ^ M H Iq m n W N O O N tD N M M N O N N Ol N T n N V N y .�-� In UI O vii O t0 O a0 a O oD W 0 O vmi a0 In Ol W .V- N O W ul a •� of N tD e tD � n � N o n v.6 n n N o tD tD lO o^ I� V o Vt VNt i11 e6 111 ill ill o lD v lO lD lD lD o I. n n N o tD � l0 v l0 ri tD o I. v n c6 n I a .+ ti N m a � .� ry m a �n ti ry m e .n .� ry m e .n .-I ry m v .n .-+ ry m v vl .� ry m a .n .-+ ry m v vl O Ca O) N J 0 y (J C N C N W U t0 C E a) m O E `0 o C Q C r (a 2 m in in m m O w (`n C c V) E E E c E n E E E a E w o z 0 z 0 z 0 z 0 z 0 z 0 z 0 z w O a 7 N a (O 00 y0) Ln N (O (0 Ln M O N O C) Qi Item 6: Staff Report Pg. 199 Packet Pg. 242 of 462 Item 6 Attachment C - Salary Schedules 0 O 0 O 0 O 0 O S N N M N c o o a 0 Oat 0 N o tNO n S M �' L N ao m N ao o O O 1O n oo r n . in n c O ry ry m r m °° O N N W O .^-i 4 m N a m n m N o m N n N N I o o ry N m `n a n O m l` N o n y m ' w voi ' m. m vmi m O of of �c a n ai m n of v a Lq a a6 O od a �c ro a`°o vm) v in v uwi ri w m m m a in in M In In to �o io in m a a in In In In v a a in in a In in d N M a V) N C N M a V) N M V Ill N m a V) N M a 1l1 N m a V) N M a ill N m M m A 0 M N o N M o 0 m v ti m N T 01 ill ill lO il1 I� + L V I- b n O n W a c n w c m m of ry rit ri a rb ai alp of ai � C -D N y N N V O M 01 w A O N a Ot 4 a N .w-i In I� m N w w w N O N M O w em1 w O N N IO V) w lO w O N N a O W N O M N M 1` I� N O1 N G1 N W W 01 V V ill � � � M a 0 V V V V ill 0 0 V V V V ill •y � � Off) V~) lall Iwl1 tD taO I� V^1 taD tD 1~I1 Ifa1 VN) 1O11 ill Vf o i w N M a V) N N a N M OL14 N In a 0.1 N M a 0./Nm 0./N a U4.LI N M a 0./N N a w N o n o m {n ry w w N V) I� 01 ill m v a � vi a a6 rp Q o m m .m-i oOi e' LU 'avi vNi n N N N N C v t O O N 0 O m NO N N N O0 en cc W NtD N N w O1 N n O IO a a 1� O w h (O 1n w N N a ti tD n ti o o �o m oo n m o w n m o a w I w n o q m w oq ro o m m m In N m g n m o� C j m n ro m m m v v u°'i �o vai o. m o v v v v v v .an e v v v v v o6 v i vmi O r z +n .n .n .n +n .n .n .n .n +n .n .n .n .n .n .n - - .n .n .n — .n .n .n .n - - +n. .n .n .n .n .n .n - - .n .n .n C v ../CNNNU1NNN a 4NNNNU,NNN a 4.-INNNU,NNN a IJ4NNNNU1NNN a w C + 0 o O �o o h m In O n 0 M w — o0 o vi ui io ma o n ol w m ao 0 a m m o ti Q N .1 N .-i IMI N O t` O O tO .2a. N E m t0 m O1 Yl n a T W m +n LU N Gy .n .n W N C ^^ V O Vl M V w ut V N N N M w I� Ol N IO M I� w N N N �O N Vl O N tO w �.% N y T t,O1'1 O lO 01 a O r� a V�1 IVNf a 1� tmo u�i a lO O w O? a 01 lO Ol 1� M •L r w w m m v a in In In In In �o �o �o in in � �c �o m m a a a a v v in In v a a a a a v v In in M� W Vf � a N V N N M a V) N N M a V1 r1 N M a Vf N N M a V1 r1 N M a Vf N N M a V1 rl N M a N N N M a V1 O. C d O_ O. J o 0 N 0 N T a M C) U) d L �' N N 3 N i' LO fn =O m 5 Co Co n E c E n E c E n E a E n E n E a n x x x x w o z o z 0 z 0 z 0 z 0 z o z 0 z m a co CO N C V co N N O cc O N) Item 6: Staff Report Pg. 200 Packet Pg. 243 of 462 Item 6 Attachment C - Salary Schedules 0 0 0 0 0 0 0 0 0 o w o N a v is 3 to N ri to N m N e e ao c M n n in o In = en m N t0 N O o O Ol N N N W N W M L+ m l0 V Oi C c V I N N N H N m N tD N l0 N O m O V1 N N O m M W N m N 111 m N N m N ON N N m ry N N ti y eNi ' m m �o eo v w N v v o 0 o eo N eo ri m (f! v e V�1 m ai n N o en a6 N o0 m of n ri w w o v oo m n n of w m ro� v of en od e o �00 of to � io N oa N N oa m N N m w ro N m m m to to to to vl to to 6 VI ¶0 N M V to N M V 111 N M a 111 N m V V1 N M a to l CO to C V1 N M C to l N M V 01 W a t0 N to a en to 01 ON ill N y 3 C 01 tD tD to N O N N ei W M N VI N 4' •A iA V1 N N L W r W ^, Y tN0 m l°Dn ti l�n ti ti N O ei N d N^ IR N N In N M N O O M l0 O l0 N V 111 N I m m O N N W N 't l0 N o n v ed n a o v eo n n od ro n n o o n ri �w m ro m m ul ul of in oo v a, - � � � to NUIUIUIUI N N N m - ro - oo •n to UIUIUIUIUIUIUI N ao UI ao UI m UI N UIUIUIUIUIUIUIUIUI N N m UI UIUIUIUIUIUIUI ul ul to in lc UI lc UI lc UI Vf a L m of M w N N O N 00 (J5 m CO lmn a CO CO N m 3 o m m to en a to a m to to m W m N N V N M1 N V N ii. v N N vmi m N m s o o w o o ad O_ N C OM 0 0 m 0 m 0 m CO M+ N-i en-i ti en-i to \ C N UI UI UI UI N V UI NVl lD N O N O l0 m a0 N m CO W N m N O N N O O N m M Ol I� N a N M tD N O O N ee N T N tM/1 ep Vl 111 1p O O I� M N W a N LQ N emi N a e1 �c lc 6 n n oN n n ao 00 �o n n oo n n n ao m n n n m n ao ao ro m v 'n u�i ul in v1Oi vmi lc C Z Ct K L L V L L V V N V V L L A V V V L V n V L o L L N L V V A A V L V V N L L n A (C a a+ v a m v c e c v a a) 4w C + N W 00 O W O — d � J 0 O Cl Cl� N 01 T M C vi O eD 111 W 0 M N l0 V w' W N ¶l .0 N N eel N Q M N N c + > o m m o m ry 00 C iD W to 0 01 N E m m m m O :n in. in N .n .n .n +n .n wLU W N V Iq O V O O m m m n n m n m m m o C T T T N m W m ti V e:i y Iq o e�i v . 11i O Lr! LQ kq 0m1. 0 vri o v vii .�. v . •i m n N N N a6 N m �6 m to of n l6 N w n n of N m ao 06 lc n n n w N oo m of ro m a6 v m ul ul in in in a6 m lc lc M N a al y N N M V m ci N M V Vl ei N M V vl N N m V m el N M V Vl c -I N M V v1 el N M V ill N N M V Vf W N N N a3 N J C C C N d Y U U N U U C Q 2] f N Q N 111 F F F O C F U W a) 01Q 11.E 01� y a) J ly J J LL J O @ 0 co co E E E E E E E E Q v x x w o z 0 z 0 z 0 z 0 z 0 z 0 z 0 z w u 7 CO 7 CO 7 CO V N It CO CO CO N M CO M O 00 OO O CO rot Qi Item 6: Staff Report Pg. 201 Packet Pg. 244 of 462 Item 6 Attachment C - Salary Schedules O W o OJ O o N O V O V O O 0l O O Os^ W a O C M W W Om1 m 0 N 0 N = o a n o O O O N ry o o m i m m a vO1i m ti N N N m o c0 W m cD m 10 N 0 ^ W o N .i(fi m ro V a O m m V eo I� w M ry o W n w M m H N m I� c0 r a N m o 10 N t0 O O O y y of ^ w 16 w m m vmi a in in � 16 10 v ed v o in in vu'i v a � v v 1n od v in v in 1c in ai in ' oo o m . rn of m o v � 1c a a in of a 1n v 1n ri 1n o co � � N N N VI N N N a N N N M V N N M a V1 N N M V cl) M V N N N M V cl1 N M V V1 N N M V N N O O N N 00 m C W a N a N Os Os o; co c0 m c N 1n m N 10 n v V N N N � N N N N N IN N N I/' N ^ W ^ W N > V1 W V N c0 01 ill + Os Os O W Os Y O o0 O O m ri Di O W O 'a ry y m m o a o m m ti a n m m m a m a o v n M o n a n r w m m rry 11 vrvi 10 10 a v v in in a a v v 1n v v in in in o0 0o rn m o v a a a in a 1n 1n 1n in Vl L m a a N m a 1n .� N m e 1n N m a 1n .. ry m � ,� N m a � .. ry m � ,� N m a m ,� N m a J1 M w N r o a v m - N O W V M C O W m N N N N N NON N N e o m m C —s v; m ry O1 w O W O N N N O C N N N N N N N NOJ m N o OJ cp n oo m in u`"i O0 vi O o N N vi c0 o? vmi, m ro m W o V m n m N I� n M c o W o^ cp m c0 c0 in in k W W o m n m o u`"i, o n N m m of v 1n d m d a ai au o e v m N a r n m m m v'ii vmi 10 v v v v vrvi v v v v v v in oo ao m m m v v e v v v v O N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N N C a) 4w C + in O 1n o0 m vmi 00 O C in d — is v ro o ui o to ti cr 10 n n m N m ry ti o S o m N H c0 ry c0 W m m N o m v E m ^ o C m .i e6 IN 1)0 N 0 of IN W N "a W N C W n T 0 N N N r N N m N V r O a 0 0 0 N M r V a N N M 0 r W N N y lm0 VMI m0 V V cOo m 10 V V 6 e0 1I0 V W O O V O W O a V w Lq V 6 O 1��, u) VM9 a o" V V a v) umi o 00 w W co m m a V V V V V u) I d � a N a 1n �n a v e e ry e v ____ CO N 0) — J J a) f0 t C Ol O U N N N co d Q a) U _ C— o Cl) C C C C 10 CO v d 00 U U .� c a) F m m C w (I) L F F F F ~ ID - r r E E E E E E E E x w o z 0 z 0 z 0 z 0 z 0 z 0 z 0 z Go O N CO N Ln cf) U c') N 7 V N V 00) 7 7 O 00 N O N Qi Item 6: Staff Report Pg. 202 Packet Pg. 245 of 462 Item 6 Attachment C - Salary Schedules o N O N oa o O O V) o O O N 01 1p O N 2 N N m N rn N O O V N Vt N O M N M C vt n N n O 2O O H O N O N L v m m m c m ry on O T m . m - Vi m N M N N a m O V N a M uJ N Vl N m M m N O M O N N O n m a n N N N Nrn d N a O l0 ea-i t0 rn a O lO O N O rn N rn N a O a a l0 VN1 val 2 0 m 2c 2? v o v o m m a o m m v� m � ai v rn v o m a 2? m m n n n mN ri v N ut ut in ut rn�� v ut a ut N N rn o N m o ut ut N W VF V! 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VT N N N N h VF VF N N N N N N h N N N N VF N N N N N N h V! d Vl N M a Vl N M V Vl N M a Vt N M V Vl N m a Vt N M V Vl N m a Vt N M V ill n m m a m n o m d n ` J c is M Vl lc I m n lc N N m l0 N C Q in N N N in N i/' N N M in N M N N T W ill m N O rn O n l0 N N + L 1p O O ut m m w m M m ul o n w' W 3 N y N rn M O rn N m N V n a N M m m O <O m rn N O O N N n N N N M O O M rn N n n a N p N W N U N rn m l0 rn n n a D O a N N N O v v ul ut in ut m m ut to v v in in ul ul w w rn m rn N m rn o o m ut ut to m lc n n N o0 N ¢ in in in in a in,nononon.ntn a a a in in on inonon,nontn in in in.n-ononintn in in H— N a i w N M a Vl .0N 00 N M V Vt N a N M V 10NIo10001.LI N M a LEO N On a Ui w N {n O O O N N rn W rn n Vl N c c N n ' I m ' N N m ui � Q o N i � r — m n 2? n n vrni m Cd C O N c C° m O1 ONi Ol 00 W Ot OOi N O N n O m OO 2?--- n in in NeN-I N n N O rn a Vt rn O n n 1rn11 tp rn n O rn m n N O rn O a a N� tD N n .M-i n N Vt l0 Vt N N n N b N N a N N N rn n O m rn rn N N n rn (a � d e �6 c6 m a n �6 au o n m rn ro m v of a o a of v N j v v v vl in v v v v v v v v v v n m N m m ao N rn m o vl in in m lc n n n o0 O -- - - - - - - - - - - - - - - - - - - - - - - - - - - - - -- - - - - - - - - C d a a N a a N a a N a a Vl w i + a o n o 2? m m o — o� a of ao to ai ni 2 a m m ry N n m 0 N w C Q 0 %} N N N N ilT a/1 Q m In o O1n LEO In m + _T ill O 00 a o o m0 /� O. C L N N m l0 N o Vat M o N H m E m m n N n of a6 of in N Gy wU. W N C M rn n n iD M N O N n N^ O N W H N t0 rn a N N Vt N N N N n a V N N On N IR •L y N v O a rn m N 00 vt a m M v v v r0 a ul M a w N a m N rn of N rn o N m rn m E0 �� O n m � v v ut a a ut v ut a a v n N rn N N m ut ut n n W I Vf . d V N N M V Vl rl N M a Vt r1 N M a V1 N N M a V1 r1 N M a V1 N N M V Vl rl N M a N N N M a Vl J N J N U t Q U U t c N W J U F F E J Ic m cL O U W - o = _ C) W F d N j j F 5 n E a E n E c E n E a E n E a E Q rn x x x x w o z 0 z 0 z 0 z 0 z 0 z 0 z 0 z m - O O N on N M d1 yCl) Cl) N N N N M O cc W 5 N O.i Item 6: Staff Report Pg. 203 Packet Pg. 246 of 462 Item 6 Attachment C - Salary Schedules O ro o O 0 0 o? 0 to 0 v 0 0 a o a 6 a o a v c to n n o to m vl d L Q N N N N N O N 01 C n O O n O N N O to O W N L � a0 N m n N n a O N n O Ol tD N 01 V M N Ot m a M n 01 N N n 01 W CO N Ol M N W ti y o m o? 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N J c Y @ E — D c o j j j N n E a E n E a E E n a E a E a E Q u x x x w o z 0 z 0 z 0 z 0 z 0 z 0 z 0 z m o .0 7 7 N M c') N N O N O ON Qi Item 6: Staff Report Pg. 204 Packet Pg. 247 of 462 Item 6 Attachment C - Salary Schedules m o v a °0 o C T M r- t0 O a T ill ° Q O1 t N v m N m tc v1 - - i1. rl) +n in. in .n in in M T L m M O N m m ill 01 n W i!1 o W o a to N m o n m N o .NN. m m . 1w n n N � N Ol 00 M tV T T m N O N VI m I� m W In t0 a W M V O N t0 N N N V O m N Iq N N M t0 W N N N H n N Nm y t•N'1 y m ro m o m M m v v m m ao m m a o ro e to m m m n n n 1n to to to n m o o m m o o n w m rb to n 1n to v a In In In a v 1n 1n In OJ VI N M a V1 N M V 111 N M a 0 N M V Ill N m a VI N M V Ill N m a VI N M V Ill N 01 en _ N N 0 en O 0 t0 0 V N A C N 0. 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C L N N E m N M h O in Oi O o0 in LU N Gy C N O T M O N N W n W N N N W W N t^O l0 uN Lq •L M � v �n �n in in a a a in �n �n �n in in �o m a a v v W Ca N a+ ti N mV m .-+ N m a �n ti N m V .n .-+ N mV .n H _ c a CO 0 o 0 o_ r 0 O T a a $ a n E a E n E a E a v x w o z 0 z 0 z 0 z CO IV o o o o CC N O CC Qi Item 6: Staff Report Pg. 206 Packet Pg. 249 of 462 Item 7 Item 7 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Human Resources ALTO Meeting Date: March 17, 2025 Report #:2501-3983 TITLE Approval of Professional Services Contract Number C25191558 with Life Insurance Company of North America, a wholly owned subsidiary of New York Life Insurance Company, in an Amount Not to Exceed $2,369,216 to Provide Group Life Insurance, Accidental Death and Dismemberment and Long -Term Disability to City of Palo Alto Employees for a Period of Three Years; CEQA Status - Not a Project. RECOMMENDATION Staff recommends that Council approve and authorize the City Manager or their designee to execute Contract No. C25191558 (Attachment D) with Life Insurance Company of North America, a wholly owned subsidiary of New York Life Insurance Company, to provide Group Life Insurance, Accidental Death and Dismemberment and Long -Term Disability to City of Palo Alto employees for a term of three years and total not -to -exceed $2,369,216. BACKGROUND As part of the employee benefits package, the City of Palo Alto contracts with a third -party administrator to provide Group Life Insurance, which includes Basic and Voluntary Life Insurance, Long -Term Disability (LTD) and Accidental Death and Dismemberment (AD&D) insurance. The current provider that the City contracts with is New York Life Insurance Company (NYL). • Life Insurance and AD&D benefits provide financial security to employee's families in the event an employee passes away. • LTD benefit provides income replacement to employees if they are injured and unable to work due to a non -job -related injury. Existing agreements with City employee bargaining units provide for maintaining these standard benefit policies. A summary of current benefit levels is shown in Attachment A. The provider of this benefit underwrites the City's basic and voluntary life insurance, AD&D, and LTD benefits. While the City pays for basic life insurance coverage for its employees, employees can choose to purchase voluntary life insurance plan. For LTD, employees and the City Item 7: Staff Report Pg. 1 Packet Pg. 250 of 462 Item 7 Item 7 Staff Report contribute towards the cost of the plan. The cost share for LTD is based on agreements between City and bargaining units. ANALYSIS Procurement Process A request for proposals (RFP) was issued by the City's benefit broker, Alliant, on behalf of the City, after it was determined that Alliant's RFP competitive solicitation process is in alignment with the City's. Alliant conducted a targeted approach, reaching out to four known life insurance, AD&D and LTD providers. The solicitation period was posted for 15 days, and 4 proposals were received. The solicitation closed on June 26, 2024. Table 1: Summary of Request for Proposal Proposal Description Request for Proposal for Life Insurance, AD&D and LTD Benefit Proposed Length of Project 3 years Number of Vendors Notified 4 Number of Proposal Packages Downloaded 4 Total Days to Respond to Proposal 14 Pre -Proposal Meeting No Pre -Proposal Meeting Date N/A Number of Proposals Received 4 Proposal Price Range $837,122 - $1,292,097 Public Link to Solicitation N/A The proposals were evaluated and determined to be responsive to the criteria in the RFP. The City evaluated RFP responses based on each respondent's ability to process claims expeditiously, provide enhancements to current benefits and provide cost savings to the City and employees. Human Resources staff reviewed the proposals from New York Life Insurance (NYL), The Standard, Voya, and Lincoln. After reviewing all the submissions against the objectives that the City had for this RFP, NYL had the highest score based on the RFP solicitation process and staff decided to continue our relationship with NYL. The focus of this RFP was to enhance the current benefit that is provided to City employees. Staff asked all respondents to provide several options for enhancements to voluntary life insurance and LTD benefit, a summary of those options is provided below. Voluntary Life Insurance Voluntary life insurance provides financial security to employee's families in the event of an employee's passing. Currently, the City provides voluntary life insurance exclusively for employees. To enhance this benefit and provide additional financial security, staff explored options to extend voluntary life insurance coverage to employees' spouses and children. All Item 7: Staff Report Pg. 2 Packet Pg. 251 of 462 Item 7 Item 7 Staff Report four providers submitted quotes for spousal and children voluntary life insurance. While the maximum coverage amounts were consistent across all providers, NYL presented the most competitive overall quotes for both spousal and children's coverage. Please refer to Attachment B for a detailed summary of the current benefits and the proposed enhancements to the voluntary life insurance program. Long Term Disability (LTD) LTD benefit provides income replacement for employees who are unable to work due to a non - job -related injury. Currently, there is a 60 -day waiting period before benefits are paid, and a maximum monthly benefit amount is also established. Attachment C provides details on current benefit levels. To enhance this benefit, the City explored options to reduce the waiting period before benefits start and to increase the maximum monthly amount that the LTD benefit pays out to employees. The City does not have a Short -Term Disability program, nor does it pay into State Disability (SDI) insurance. Lack of these two programs was a driving factor in decreasing the waiting period for benefits to begin from 60 days to 45 days. Two of the four providers submitted quotes that decreased the waiting period from 60 to 45 days before benefit payments start, and to raise the maximum monthly benefit amount. Voya, and Lincoln declined to provide a quote that decreased the waiting period from 60 days to 45 days. NYL presented the most competitive quote, providing a 20% cost reduction while enhancing the benefits compared to the current offerings. Please refer to Attachment C for a detailed summary of the current benefits and the proposed enhancements to the Long -Term Disability program. NYL has also provided a 16.7% cost reduction to the basic life insurance that the City provides to all employees at no cost to employees. Following a thorough evaluation of all four proposals, staff has recommended that the City stay with NYL to provide group life insurance, AD&D and LTD benefits. NYL has a track record of providing excellent customer service to our employees. NYL provides several options for our employees to file claims, which includes online, via phone and mail. Furthermore, once a claim is submitted, NYL assigns a claim manager to employees' case, and their claim is processed with 5 business days of receiving all information. This all leads to an efficient and expeditious process of employee claims. Lastly, all four proposals provided an enhancement to the current benefit offerings, NYL quoted the most competitive pricing. FISCAL/RESOURCE IMPACT Approval of this contract will result in savings of approximately $23,000 in FY 2025. Funds for base plans of Life Insurance, AD&D and LTD contract are included in the FY 2025 Adopted Budget in the General Benefits Funding operating budget. Funds for the remaining years will be factored into the development future operating budgets. Item 7: Staff Report Pg. 3 Packet Pg. 252 of 462 Item 7 Item 7 Staff Report The rates for group life, AD&D, and LTD insurance policies are based on the number of City employees, and on the current salary of employees. With a three-year rate guarantee, the annual rate would not increase, however the total annual premium for group life, AD&D and LTD will vary based on changes to employee salaries and enrollment numbers. Cost for Voluntary Life Insurance plans will be paid by employee via payroll deductions. Cost of LTD plans will be a shared cost between employees and the City. STAKEHOLDER ENGAGEMENT As a benefit service provider, employees will continue to interact with the current provider, providing a smooth continuity of services. Internal stakeholders have been informed of the enhancements to LTD and Group life insurance benefit. Implementation of new services are being coordinated with partners such as Information Technology Department, Administrative Services and others to align business practices and ensure both continuity and opportunities for improvement in current processes. ENVIRONMENTAL REVIEW Council action on this item is not a project as defined by CEQA because approval of this contract for benefit administration services is an organizational or administrative activity that will not result in direct or indirect physical changes in the environment. CEQA Guidelines section 15378(b)(5). ATTACHMENTS Attachment A: Current Group Life Insurance, AD&D and LTD Benefit Summary Attachment B: Proposed Voluntary Life Insurance & AD&D Benefit Enhancement Attachment C: Proposed Long Term Disability Benefit Enhancement Attachment D: New York Life Insurance (Life Disability), Contract C25191558 APPROVED BY: Sandra Blanch, Human Resources Director Item 7: Staff Report Pg. 4 Packet Pg. 253 of 462 Item 7 Attachment A - Current Group Life Insurance AD&D and LTD Benefit Summary Attachment A: Current Group Life Insurance, AD&D and LTD Benefit Summary Plan Current Benefit Employee Basic Life Insurance & AD&D Basic Life 1x Annual Compensation to a maximum of $325,000. Basic AD&D Benefit 1x Annual Compensation to a maximum of $325,000. Voluntary Life Insurance & AD&D Non -Management Employees Voluntary Life 1x Annual Compensation to a maximum of $325,000. Basic AD&D Benefit 1x Annual Compensation to a maximum of $325,000. Management Employees Voluntary Life 1x or 2x Annual Compensation to a maximum of $325,000. Basic AD&D Benefit 1x or 2xAnnual Compensation to a maximum of $325,000. Long-term Disability (LTD) Insurance SEIU Bargaining Unit Option 1- Replaces 60% of the annual earnings to a maximum of $1,800 per month after 60 day waiting period. Option 2 - Replaces 66.67% of the annual earnings to a maximum of $4,000 per month after 60 day waiting period. Management Groups Option 3 - Replaces 66.67% of the annual earnings to a maximum of $10,000 per month after 60 day waiting period. Item 7: Staff Report Pg. 5 Packet Pg. 254 of 462 Item 7 Attachment B - Proposed Voluntary Life Insurance & AD&D Benefit Attachment B: Proposed Voluntary Life Insurance & AD&D Benefit Enhancement Plan Current Benefit Proposed Benefit Employee Voluntary Life Non -Management Employees All Benefit Eligible Employees Insurance & AD&D Voluntary Life 1x Annual Voluntary Life 1x or 2x Annual Compensation to a maximum of Compensation to a $325,000. maximum of $500,000. Basic AD&D Benefit 1x Annual Basic AD&D Benefit 1x or 2x Compensation to a maximum of Annual Compensation to a $325,000. maximum of $500,000. Management Employees Voluntary Life 1x or 2x Annual Compensation to a maximum of $325,000. Basic AD&D Benefit 1x or 2x Annual Compensation to a maximum of $325,000. Spousal Voluntary Life Spousal voluntary life insurance All Benefit Eligible Employees Insurance benefit is currently not provided Maximum benefit capped at $250,000 Children Voluntary Life Children voluntary life insurance All Benefit Eligible Employees Insurance benefit is currently not provided Maximum benefit capped at $10,000 Item 7: Staff Report Pg. 6 Packet Pg. 255 of 462 Item 7 Attachment C - Proposed LongTerm Disability Benefit Enhancement Attachment C: Long Term Disability Benefit Enhancement Plan Current Benefit Proposed Benefit Long-term SEIU Bargaining Unit SEIU Bargaining Unit Disability Option 1- Replaces 60% of the Option 1- Replaces 60% of the annual (LTD) annual earnings to a maximum of earnings to a maximum of $4,000 per Insurance $1,800 per month after 60 day month after 45 day waiting period. 1 waiting period. Option 2 - Replaces 66.67% of the Option 2 - Replaces 66.67% of the annual annual earnings to a maximum of earnings to a maximum of $7,000 per $4,000 per month after 60 day month after 45 day waiting period. 2 waiting period. Management Groups Management Groups Option 3 - Replaces 66.67% of the Option 3 - Replaces 66.67% of the annual annual earnings to a maximum of earnings to a maximum of $10,000 per $10,000 per month after 60 day month after 45 day waiting period. waiting period. 1 Option 1 will require 100% enrollment from SEIU unit. 2 Option 2 will be a buy -up option that SEIU unit employees can opt into. Item 7: Staff Report Pg. 7 Packet Pg. 256 of 462 Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Item 7 Attachment D - New York Life Insurance (Life Disability), Contract C25191558 CITY OF PALO ALTO CONTRACT NO. C25191558 AGREEMENT FOR PROFESSIONAL SERVICES 1:3D1111I.V/a1B1►8YIia[iI11`L1727\ICO MO1111 AND LIFE INSURANCE COMPANY OF NORTH AMERICA This Agreement for Professional Services (this "Agreement") is entered into as of the 1st day of January, 2025 (the "Effective Date"), by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and LIFE INSURANCE COMPANY OF NORTH AMERICA, a wholly owned subsidiary of the New York Life Insurance Company, located at 51 Madison Avenue New York, NY 10010 ("COMPANY" or "Insurance Company"). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to provide for its employees Group Life, Accidental Death and Dismemberment (AD&D), and Long -Term Disability Insurance (LTD) (the "Project") and desires to engage a COMPANY to underwrite these insurance benefits in connection with the Project (the "Services", as detailed more fully in Exhibit A). B. COMPANY represents that it, its employees and agents, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY, in reliance on these representations, desires to engage COMPANY to provide the Services as more fully described in Exhibit A, entitled "SCOPE OF SERVICES". NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows: SECTION 1. SCOPE OF SERVICES. COMPANY shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the date of its full execution through December 31, 2027 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement. Item 7: Staff Report Pg. 8 Packet Pg. 257 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. COMPANY shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled "SCHEDULE OF PERFORMANCE". Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by COMPANY in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the COMPANY. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery of damages for delay if the extension is required due to the fault of COMPANY. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to COMPANY for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled "COMPENSATION," including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed Two Million Three Hundred Sixty - Nine Thousand Two Hundred Fifteen Dollars and Fifty -Six Cents ($2,369,215.56). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled "SCHEDULE OF RATES." Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. SECTION 5. INVOICES. In order to request payment, COMPANY shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, COMPANY's schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in COMPANY's invoices shall be subject to verification by CITY. COMPANY shall send all invoices to CITY's Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by COMPANY or under COMPANY's supervision. COMPANY represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. COMPANY represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by COMPANY under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. COMPANY shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. COMPANY shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the Item 7: Staff Report Pg. 9 Packet Pg. 258 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 performance of the Services. SECTION 8. ERRORS/OMISSIONS. COMPANY is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by COMPANY's errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, COMPANY shall submit estimates of probable construction costs at each phase of design submittal. If the total estimated construction cost at any submittal exceeds the CITY's stated construction budget by ten percent (10%) or more, COMPANY shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. COMPANY acknowledges and agrees that COMPANY and any agent or employee of COMPANY will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which COMPANY performs the Services requested by CITY under this Agreement. COMPANY and any agent or employee of COMPANY will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. COMPANY will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers' compensation, unemployment compensation, insurance, and other similar responsibilities related to COMPANY's performance of the Services, or any agent or employee of COMPANY providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and COMPANY or any agent or employee of COMPANY. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of COMPANY's provision of the Services only, and not as to the means by which such a result is obtained. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of COMPANY are material considerations for this Agreement. COMPANY shall not assign or transfer any interest in this Agreement nor the performance of any of COMPANY's obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties. SECTION 12. SUBCONTRACTING. ® Option A: No Subcontractor: COMPANY shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event COMPANY does subcontract any portion of the work to be performed under this Agreement, COMPANY shall be fully responsible for all acts and omissions of Item 7: Staff Report Pg. 10 Packet Pg. 259 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 subcontractors. SECTION 13. PROJECT MANAGEMENT. COMPANY will assign Terri Prince Email: terri prince(a�newyorklife.com as the COMPANY's Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent COMPANY during the day-to-day performance of the Services. If circumstances cause the substitution of the COMPANY's Project Manager or any other of COMPANY's key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's Project Manager. COMPANY, at CITY's request, shall promptly remove COMPANY personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property. CITY's Project Manager is Tarandeep Mann, Human Resources Department, Benefits Division, 250 Hamilton Avenue, Palo Alto, CA, zipcode:, Telephone: 650-329-2574. CITY's Project Manager will be COMPANY's point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. COMPANY agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and COMPANY hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither COMPANY nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. COMPANY makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services. SECTION 15. AUDITS. COMPANY agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, COMPANY's records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). COMPANY further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later. SECTION 16. INDEMNITY. ® 16.1. To the fullest extent permitted by law, COMPANY shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Item 7: Staff Report Pg. 11 Packet Pg. 260 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney's fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by COMPANY, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require COMPANY to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, COMPANY, its officers, employees, agents or contractors under this Agreement. 16.3. The acceptance of COMPANY's Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. SECTION 18. INSURANCE. 18.1. COMPANY, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled "INSURANCE REQUIREMENTS". COMPANY and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of COMPANY retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the general liability and auto liability insurance is primary coverage and the insurance coverage described in Exhibit D will not be canceled, or materially reduced in coverage or limits, by the insurer or COMPANY except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) Item 7: Staff Report Pg. 12 Packet Pg. 261 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 days' notice to COMPANY, COMPANY shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the COMPANY receipt of such notice. COMPANY shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit COMPANY's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, COMPANY will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. 19.1. The City Manager may terminate the performance of the Services, with or without cause, by giving the notice required in the insurance policies that constitute the Services. 19.2. Intentionally Omitted. 19.3. In event of termination, COMPANY will be paid for the Services rendered and work Services delivered to CITY in accordance with the Scope of Services up to the effective date of termination;. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30. 19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers). SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To COMPANY: As required by each insurance policy in the Services. With a copy to the Project Manager at the address of Item 7: Staff Report Pg. 13 Packet Pg. 262 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 COMPANY recited on the first page of this Agreement, and a copy to New York Life Group Benefit Solutions, Office of the General Counsel, 51 Madison Avenue, New York, NY, 10010. COMPANY shall provide written notice to CITY of any change of address. SECTION 21. CONFLICT OF INTEREST. 21.1. In executing this Agreement, COMPANY covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. COMPANY further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest. COMPANY certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time. COMPANY agrees to notify CITY if any conflict arises. 21.3. If the COMPANY meets the definition of a "Consultant" as defined by the Regulations of the Fair Political Practices Commission, COMPANY will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time. SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, COMPANY certifies that in the performance of this Agreement, it shall not unlawfully discriminate in the employment of any person due to that person's race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. COMPANY acknowledges that it has read and understands the provisions of Section 2.30.510 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. 22.2. COMPANY understands and agrees that pursuant to the Americans Disabilities Act ("ADA"), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. COMPANY will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. COMPANY will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under Item 7: Staff Report Pg. 14 Packet Pg. 263 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS [N/A Intentionally Deleted] SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. [N/A Intentionally Deleted] SECTION 25. NON -APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement, but not over applicable insurance law. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS. ® 26.1. This Project is not subject to prevailing wages and related requirements. COMPANY is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract: (1) is not a public works contract; (2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j). SECTION 27. CLAIMS PROCEDURE FOR "9204 PUBLIC WORKS PROJECTS". For purposes of this Section 27, a "9204 Public Works Project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled "Claims for Public Contract Code Section 9204 Public Works Projects". ® This Project is not a 9204 Public Works Project. SECTION 28. CONFIDENTIAL INFORMATION. Item 7: Staff Report Pg. 15 Packet Pg. 264 of 462 Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Item 7 Attachment D - New York Life Insurance (Life Disability), Contract C25191558 28.1. In the performance of this Agreement, COMPANY may have access to CITY's Confidential Information (defined below). COMPANY will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose. COMPANY will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, COMPANY may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform COMPANY's obligations to CITY under this Agreement and for no other purpose, provided that the COMPANY informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement. 28.2. "Confidential Information" means all data, information (including without limitation "Personal Information" about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to COMPANY by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that COMPANY can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in COMPANY's possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by COMPANY from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of COMPANY without any use of or access to the Confidential Information; or (v) COMPANY has written consent to disclose signed by an authorized representative of CITY. 28.3. Notwithstanding the foregoing, COMPANY may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that COMPANY will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless COMPANY is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order. 28.4. COMPANY will notify City promptly upon learning of any confirmed breach in the security of its systems or unauthorized disclosure of, or access to, City Confidential Information in its possession or control, and if such City Confidential Information consists of City Personal Information, COMPANY will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time. 28.5. Prior to or upon termination or expiration of this Agreement, where feasible, COMPANY will honor any reasonable request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on COMPANY. COMPANY may retain, subject to its continued obligations of confidentiality under this Agreement, reasonable backup and archival copies of Confidential Information in electronic form, and such records as COMPANY is required to retain for purposes of regulatory examination, audit or compliance with legal requirements, consistent with its record retention policy. Item 7: Staff Report Pg. 16 Packet Pg. 265 of 462 Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Item 7 Attachment D - New York Life Insurance (Life Disability), Contract C25191558 28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions. 28.7 Notwithstanding anything in this section 28, laws applicable to insurance companies primarily governs the protection, privacy and disclosure of information related to the Services. COMPANY shall comply with such laws and including its COMPANY Privacy Policy which it makes available to the public on its website. SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions. 29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time. The insurance policies contained in Exhibits A-1, A-2 and A-3are the entire agreements relative to the insurance provided by COMPANY and supersede any conflict herein. 29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect. 29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto (per Section 30), except the COMPANY's insurance policies in Exhibits A-1, A-2 and A-3„ the Agreement shall control. In the event of a conflict between the exhibits hereto and COMPANY's proposal (if any), the exhibits shall control. 29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. Item 7: Staff Report Pg. 17 Packet Pg. 266 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement. 29.9. This Agreement may be signed in multiple counterparts, which, when executed by the authorized representatives of the parties, shall together constitute a single binding agreement. SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein: ® EXHIBIT A: SCOPE OF SERVICES ® EXHIBIT A-1 BASIC & VOLUNTARY LIFE INSURANCE POLICY ® EXHIBIT A-2 BASIC & VOLUNTARY AD&D LIFE INSURANCE POLICY ® EXHIBIT A-3 LONG TERM DISABILITY INSURANCE POLICY ® EXHIBIT B: SCHEDULE OF PERFORMANCE ® EXHIBIT C: COMPENSATION N EXHIBIT D: INSURANCE REQUIREMENTS THIS AGREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE A TTACHED. CONTRACT No. C25191558 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written. Item 7: Staff Report Pg. 18 Packet Pg. 267 of 462 Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or designee Item 7 Attachment D - New York Life Insurance (Life Disability), Contract C25191558 LIFE INSURANCE COMPANY OF NORTH AMERICA Officer 1 By: Signed by: 1§97FD1FE55CCE4A8 k C-A.AiV AJA. . Name: Amy K. Guinan Title: vice President of uw Officer 2 By: Signed by: E joS A3F604867AFA400... Name: Evan Jones Title: Regional Vice President of uw Item 7: Staff Report Pg. 19 Packet Pg. 268 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 EXHIBIT A SCOPE OF SERVICES COMPANY shall provide the Services detailed in this Exhibit A, entitled "SCOPE OF SERVICES". Notwithstanding any provision herein to the contrary, COMPANY's duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. COMPANY's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. COMPANY shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by COMPANY pursuant to this Scope of Services. COMPANY shall provide employees of CITY: BASIC AND VOLUNTARY LIFE INSURANCE, BASIC & VOLUNTARY ACCIDENTAL DEATH AND DISMEMBERMENT (AD&D) and LONG TERM DISABILITY LIFE INSURANCE (LTD) policies. COMPANY shall administer the above named insurance benefits in accordance with the policies provided in this Agreement and attached as EXHIBITS "A-1", "A-2" & "A-3". Item 7: Staff Report Pg. 20 Packet Pg. 269 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 EXHIBIT A-1 BASIC LIFE INSURANCE POLICY Item 7: Staff Report Pg. 21 Packet Pg. 270 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Group Life Insurance Certificate City of Palo Alto Item 7: Staff Report Pg. 22 Packet Pg. 271 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Item 7: Staff Report Pg. 23 Packet Pg. 272 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 IMPORTANT NOTICES If you reside in one of the following states, please read the important notices below: Arizona, Florida and Maryland residents: The group policy is issued in the state of Delaware and will be governed by its laws. If you reside in a state other than Delaware, this certificate of insurance may not provide all of the benefits and protections provided by the laws of your state. PLEASE READ YOUR CERTIFICATE CAREFULLY. Washington Residents: (In Accordance With WAC 284-23-610, 620, 650, 730) The accelerated life benefit in this policy does not and is not intended to qualify as long-term care under Washington state law. Washington state law prevents this accelerated life benefit from being marketed or sold as long-term care. If an Insured receives payment of accelerated benefits from a life insurance policy, he or she may lose the right to receive certain public funds, such as Medicare, Medicaid, Social Security, Supplemental Security, Supplemental Security Income (SSI), and possibly others. Also, receiving accelerated benefits from a life insurance policy may have tax consequences for the Insured. We cannot give advice about this. The Insured may wish to obtain advice from a tax professional or an attorney before he or she decides to receive accelerated benefits under a life policy. Item 7: Staff Report Pg. 24 Packet Pg. 273 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Item 7: Staff Report Pg. 25 Packet Pg. 274 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 FOREWORD Life insurance provides individuals and their families with financial protection. The Life Insurance Benefit described in this booklet will help secure your family's financial security in the event of your death. The need for life insurance protection depends on individual circumstances and financial situations. A portion of the cost of this coverage is provided by your Employer. You may need to contribute to the remaining cost of coverage through payroll deduction so that your benefit program is more comprehensive and responsive to your needs. The following pages describe the main provisions of the life insurance plan available to you. Insurance benefits described in the following pages will apply to you if your Employer has made this coverage available to you at no cost or you have elected the benefit and authorized payroll deduction for the required premium. Item 7: Staff Report Pg. 26 Packet Pg. 275 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Item 7: Staff Report Pg. 27 Packet Pg. 276 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 LIFE INSURANCE COMPANY OF NORTH AMERICA 1601 CHESTNUT STREET GROUP INSURANCE PHILADELPHIA, PA 19192-2235 CERTIFICATE (888) 842-4462 Dial 711 to access telecommunications relay services A STOCK INSURANCE COMPANY We, the LIFE INSURANCE COMPANY OF NORTH AMERICA, have issued a Group Policy, FLX- 962659, to TRUSTEE OF THE GROUP INSURANCE TRUST FOR EMPLOYERS IN THE PUBLIC ADMINISTRATION INDUSTRY on behalf of City of Palo Alto. This certificate describes the benefits and basic provisions of your coverage. You should read it with care so you will understand your coverage. This is not the insurance contract. It does not waive or alter any of the terms of the Policy. If questions arise, the Policy will govern. You may examine the Policy at the office of the Policyholder or the Administrator. This certificate replaces any and all certificates which may have been issued to you in the past under the Policy. Scott Berlin, President TL -004704 Item 7: Staff Report Pg. 28 Packet Pg. 277 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Item 7: Staff Report Pg. 29 Packet Pg. 278 of 462 Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E TABLE OF CONTENTS SCHEDULE OF BENEFITS ..... Item 7 Attachment D - New York Life Insurance (Life Disability), Contract C25191558 WHOIS ELIGIBLE..................................................................................................................................... 6 WHEN COVERAGE BEGINS.................................................................................................................... 6 WHENCOVERAGE ENDS........................................................................................................................ 7 WHEN COVERAGE CONTINUES............................................................................................................ 7 LIFE INSURANCE BENEFITS................................................................................................................. 11 LIFE INSURANCE EXCLUSIONS..........................................................................................................13 CLAIMPROVISIONS...............................................................................................................................13 ADMINISTRATIVE PROVISIONS..........................................................................................................16 GENERALPROVISIONS.........................................................................................................................16 DEFINITIONS............................................................................................................................................17 DOMESTIC PARTNER/CIVIL UNION PARTNER RIDER................................................................... 20 STATE MODIFYING PROVISIONS AMENDMENT RIDER................................................................22 Item 7: Staff Report Pg. 30 Packet Pg. 279 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Item 7: Staff Report Pg. 31 Packet Pg. 280 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 SCHEDULE OF BENEFITS Policy Effective Date: January 1, 2009 Policy Anniversary Date: January 1 Policy Number: FLX-962659 Re -Issue Date: July 1, 2025 The Policy reflects the terms and conditions of coverage applicable on this date. References throughout the Policy to the Policy Effective Date mean the original effective date of the Policy. If the Policy includes an Active Service requirement and you are not in Active Service on the Re -issue Date, your coverage will be determined based on the terms of the Policy in effect on the day prior to the Re -issue Date until the date the insured person returns to Active Service. Class Definition You are eligible for insurance if you are a member of the class defined below. All active, Full-time Employees of the Employer regularly working a minimum of 20 hours per week, excluding Employees who are classified as Management. Your Eligibility Waiting Period The Eligibility Waiting Period is the period of time you must be in Active Service to be eligible for coverage. It will be extended by the number of days you are not in Active Service. If you were hired on or before the Policy Effective Date: No Waiting Period If you were hired after the Policy Effective Date: No Waiting Period LIFE INSURANCE BENEFITS If an Insured is eligible under one Class of Eligible Employees and later becomes eligible under a different Class of Eligible Employees, changes in his or her insurance due to the class change will be effective on the first date the Insured is in Active Service on or after the first of the month following the change in class. Employee Benefits Basic Benefit 1 times your Annual Compensation Guaranteed Issue Amount: the lesser of 1 times Annual Compensation or $325,000 Maximum Benefit: the lesser of 1 times Annual Compensation or $325,000 The Benefit Amount, Guaranteed Issue Amount and Maximum Benefit will be rounded to the next higher $1,000, if not already a multiple thereof. Item 7: Staff Report Pg. 32 Packet Pg. 281 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Voluntary Benefit 1 or 2 times your Annual Compensation Guaranteed Issue Amount: the lesser of 2 times Annual Compensation or $500,000 Maximum Benefit: the lesser of 2 times Annual Compensation or $500,000 The Benefit Amount, Guaranteed Issue Amount and Maximum Benefit will be rounded to the next higher $1,000, if not already a multiple thereof. Age Based Reductions When you are age 70 or older, your Life Insurance Benefit will reduce to the percentage shown below: 65% of the Life Insurance Benefit at age 70 50% of the Life Insurance Benefit at age 75 Terminal Illness Benefit You can elect up to 75% of Life Insurance Benefits in force on the date you are determined by the Insurance Company to be Terminally Ill, subject to a Maximum Benefit of $500,000. Automatic Increase Feature If your Voluntary Life Insurance Benefit is based on Annual Compensation, it will automatically increase. The amount of the increase may be up to 25% of the Employee's previous salary but not more than $25,000. It will automatically increase, subject to the conditions below. Conditions for Automatic Increase: 1. the Employer provides the Insurance Company with the required notice of an increase in Annual Compensation; and 2. you are in Active Service on the effective date of the increase. If you are not in Active Service on that date, your benefit will not increase until you return to Active Service. You may stop the Automatic Increase Feature at any time. If you stop the feature, it may not be restarted at a later date. TL -004736-1 Re -solicitation Period During a Re -solicitation Period, or within 31 days after a Life Status Change, if you are currently insured under the Voluntary Life Insurance portion of this Policy, you may increase your Life Insurance Benefits, and if you are eligible for the Voluntary Life Insurance portion of this Policy but have not previously enrolled, you may become insured under the Policy, by satisfying the Insurability Requirement. Your insurance will be effective on the date we agree in writing to insure you. You may reduce Insurance Benefits at any time. A request for a Benefit reduction received during a Re - solicitation Period will become effective on the Policy Anniversary following the Re -solicitation Period. Any other Benefit reduction will be effective on the date we receive the completed change form. Spouse or Domestic Partner Benefits Voluntary Benefit An amount elected in units of $5,000 Guaranteed Issue Amount: $25,000 Maximum Benefit: $250,000 Item 7: Staff Report Pg. 33 Packet Pg. 282 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Age Based Reductions When your Spouse is age 70 or older, your Spouse's Life Insurance Benefit will reduce to the percentage shown below: 65% of the Life Insurance Benefit at age 70 50% of the Life Insurance Benefit at age 75 Your Spouse's Life Insurance Benefits cannot exceed 100% of your Life Insurance Benefits. Terminal Illness Benefit The insured can elect up to 75% of Life Insurance Benefits in force on the date the Insured is determined by the Insurance Company to be Terminally Ill. Dependent Child Benefits Voluntary Benefit An amount elected in units of $1,000 Maximum Benefit: $10,000 The Maximum Benefit for a Dependent Child who is less than 6 months old is $500. All Dependent Child benefits are Guaranteed Issue. Life Status Change For Employees Within 31 days after a Life Status Change, if you are currently insured under the Voluntary Life Insurance portion of this Policy, you may increase your Voluntary Life Insurance Benefit as long as the total Benefit does not exceed the Maximum Benefit Amount, without satisfying the Insurability Requirement. If you are eligible for the Voluntary Life Insurance portion of this Policy but have not previously enrolled, you may become insured under the Policy as long as the total Benefit does not exceed the Maximum Benefit Amount, without satisfying the Insurability Requirement. Insurance will be effective on the first of the month following the Life Status Change. For Spouses Within 31 days after a Life Status Change, if your Spouse is currently insured under the Voluntary Life Insurance portion of this Policy, you may increase his or her Voluntary Life Insurance Benefit, or if your Spouse is eligible for the Voluntary Life Insurance portion of this Policy but has not previously enrolled, he or she may become insured under the Policy, as long as the total Benefit does not exceed the Maximum Benefit Amount without satisfying the Insurability Requirement. Insurance will be effective on the first of the month following the Life Status Change. Insurance Benefits may be reduced at any time. The reduced amount will be effective on the date the Insurance Company receives the completed change form. TL -008030-1 Item 7: Staff Report Pg. 34 Packet Pg. 283 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Former Employee Benefits Amount of Insurance An amount elected subject to the Maximum Benefit amount for Life Insurance Benefits allowable to you, less any amount of conversion insurance issued under the Conversion Privilege for Life Insurance. Any amount elected in excess of the Life Insurance Benefits in effect on the date you no longer qualify as an Employee will be effective on the date the Insurance Company agrees in writing to insure you. The Maximum Benefit for Basic Life Insurance Benefits is $50,000. Maximum Benefit Period To Age 70 Terminal Illness Benefit You can elect up to 75% of Life Insurance Benefits in force on the date you are determined by the Insurance Company to be Terminally Ill, subject to a Maximum Benefit of $500,000. Spouse or Domestic Partner of Former Employee Benefits Amount of Insurance An amount elected subject to the Maximum Benefit amount for Voluntary Life Insurance Benefits available to a Spouse or Domestic Partner. Any amount elected in excess of the Voluntary Life Insurance Benefits in effect on the date your employment with the Employer ends will be effective on the date we agree in writing to insure him or her. Maximum Benefit Period To Age 70 Terminal Illness Benefit The insured can elect up to 75% of Life Insurance Benefits in force on the date the Insured is determined by the Insurance Company to be Terminally Ill. Former Spouse or Domestic Partner Benefits Amount of Insurance An amount elected subject to the Maximum Benefit amount for Voluntary Life Insurance Benefits available to a Spouse or Domestic Partner. Any amount elected in excess of the Voluntary Life Insurance Benefits in effect on the date he or she no longer qualifies as a Spouse or Domestic Partner will be effective on the date we agree in writing to insure him or her. Maximum Benefit Period To Age 70 Terminal Illness Benefit The insured can elect up to 75% of Life Insurance Benefits in force on the date the Insured is determined by the Insurance Company to be Terminally Ill. 4 Item 7: Staff Report Pg. 35 Packet Pg. 284 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Former Dependent Child Benefits Amount of Insurance Units of $25,000 Guaranteed Issue Amount: $25,000 Maximum Benefit: $50,000 Maximum Benefit Period To Age 70 TL -004774 5 Item 7: Staff Report Pg. 36 Packet Pg. 285 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 WHO IS ELIGIBLE Classes of Eligible Persons A person may be insured only once under the Basic Life portion of the Policy even though he or she may be eligible under more than one class. A person may also be insured only once under the Voluntary Life portion of the Policy as an Employee, Spouse or Dependent Child, even though he or she may be eligible under more than one class. Employee If you qualify under the Class Definition shown in the Schedule of Benefits, you are eligible to be insured under the Policy on the Policy Effective Date, or the day after you complete the applicable Eligibility Waiting Period, if later. If you have previously converted your insurance under the Policy, you will not become eligible until your converted policy is surrendered. This does not apply to any amount of insurance that was previously converted under the Policy due to a reduction in your Life Insurance Benefits based on age or a change in class unless those conditions no longer affect the amount of insurance available to you. Except as noted in the Reinstatement Provision, if you terminate coverage and later wish to reapply, or if you are a former Employee who is rehired, a new Eligibility Waiting Period must be satisfied. You are not required to satisfy a new Eligibility Waiting Period, if insurance ends because you are no longer in a Class of Eligible Employees, but continue to be employed by the Employer, and within one year you become a member of an eligible class. Spouse Your Spouse is eligible to be insured on the date you are eligible or the date he or she becomes your Spouse, if later. You must be insured for Voluntary Life Insurance in order to elect spouse coverage. For eligibility purposes, your Spouse must be a lawful Spouse and not legally separated from, divorced from, or widowed by you. Dependent Child Your Dependent Child is eligible to be insured on the date you are eligible or the date the child becomes a Dependent Child, if later. In no event will a Dependent Child be eligible to be insured more than once under the Policy. TL -004710 WHEN COVERAGE BEGINS You, your Spouse and Dependent Children will be insured for an amount not to exceed the Guaranteed Issue Amount on the date you become eligible, if you are not required to contribute to the cost of this insurance. If you are required to contribute to the cost of this insurance, you may elect insurance for yourself, your Spouse and Dependent Children only by authorizing payroll deduction in a form approved by the Employer and us. The effective date of this insurance depends on the date and amount of insurance elected. Item 7: Staff Report Pg. 37 Packet Pg. 286 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 If you elect coverage within 31 days after you become eligible to enroll or increase coverage, the Guaranteed Issue Amount will be effective on the latest of the following dates: 1. The Policy Effective Date. 2. The date you authorize payroll deduction for this insurance. 3. The date the Employer or Insurance Company receives the completed enrollment form. If we receive your enrollment form more than 31 days after you become eligible to elect coverage, insurance is effective on the date we agree in writing to provide this coverage. We will require you and your Spouse to satisfy the Insurability Requirement before we agree to insure you. If coverage for a Dependent Child is in force and another Dependent Child becomes eligible, coverage for that child is effective on the date he or she qualifies as a Dependent Child. If you are not in Active Service on the date insurance would otherwise go into effect, it will be effective on the date you return to Active Service. If an eligible Spouse or Dependent Child is: 1. an inpatient in a hospital, hospice, rehabilitation or convalescence center, or custodial care facility; or 2. confined to his or her home under the care of a Physician on the date insurance would otherwise be effective, it will be effective on the date he or she is no longer an inpatient in these facilities or confined at home. If such Spouse or Dependent Child was covered by the Prior Plan immediately prior to the Policy Effective Date, this provision will not apply to the amount of coverage in effect as of the Policy Effective Date, but will apply to any increase in coverage. This does not apply to a Dependent Child who is age 6 months or less. TL -004712 WHEN COVERAGE ENDS Coverage will end on the earliest of the following dates: 1. the date you are eligible for coverage under a plan intended to replace this coverage; 2. the date we terminate the Policy; 3. the date you, your Spouse or Dependent Children are no longer in an eligible class; 4. the date coinciding with the end of the last period for which required premiums are paid; 5. the date you are no longer in Active Service; 6. for an Employee, Spouse or Dependent Child, the date the Employer cancels participation under the Policy; and 7. the date your coverage ends, for any insured Spouse or Dependent Child. TL -004714 WHEN COVERAGE CONTINUES Continuation for Temporary Leave of Absence, Layoff or Family Medical Leave If you are an Employee and your Active Service ends due to an Employer approved unpaid leave of absence, layoff or family medical leave, your insurance will continue if the required premium is paid. In these circumstances, your insurance may continue as follows. 1. For an Employer approved unpaid leave of absence, up to the end of the month in which the leave of absence begins. 2. For layoff, up to the end of the month in which the layoff begins. 3. For an Employer approved family medical leave, up to 12 weeks. Item 7: Staff Report Pg. 38 Packet Pg. 287 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Continuation for Disability for Employees over Age 60 If you become Disabled and are age 60 or over, the Life Insurance Benefits shown in the Schedule of Benefits will be continued, provided premiums are paid, until the earlier of the following dates: 1. The date you are no longer Disabled. 2. The date you are Disabled for 12 consecutive months. 3. The date coinciding with the end of the last period for which premiums are paid. 4. The date the Policy is terminated by us. Amount ofInsurance If you die while you are Disabled and coverage is continued under this provision, we will pay a Death Benefit equal to the amount in effect on the date you became Disabled. However, the Life Insurance Benefit will be subject to the provisions of the Policy that reduce the coverage amount because of age, retirement, payment of an Accelerated Benefit or a change in class. Automatic increases in Life Insurance Benefits will end while coverage is continued under this provision. We will pay benefits only if due proof of your continuous Disability is received within one year of the date of the loss. "Disability"/"Disabled" means because of Injury or Sickness you are unable to perform all the material duties of your Regular Occupation; or are receiving disability benefits under the Employer's plan. "Regular Occupation" means the occupation you routinely perform at the time the Disability begins. We will consider the duties of the occupation as it is normally performed in the general labor market in the national economy. Extended Death Benefit with Waiver of Premium Extended Death Benefit If you become Disabled and are less than age 60, the Life Insurance Benefits shown in the Schedule of Benefits will be extended without premium payment until the earlier of the following dates: 1. The date you are no longer Disabled. 2. The date you fail to qualify for Waiver of Premium or fail to provide proof of Disability as indicated under Waiver ofPremium. Amount ofInsurance If you die while you are Disabled and coverage is extended under this provision, we will pay a Death Benefit equal to the amount in effect on the date you became Disabled. However, the Life Insurance Benefit will be subject to the provisions of the Policy that reduce the coverage amount because of age, retirement, payment of an Accelerated Benefit or a change in class. Automatic increases in Life Insurance Benefits will end while premiums are waived. We will pay benefits only if due proof of your continuous Disability is received within one year of the date of the loss. "Disability"/"Disabled" means because of Injury or Sickness you are unable to perform all the material duties of your Regular Occupation; or are receiving disability benefits under the Employer's plan. "Regular Occupation" means the occupation you routinely perform at the time the Disability begins. We will consider the duties of the occupation as it is normally performed in the general labor market in the national economy. Waiver of Premium If you submit satisfactory proof that you have been continuously Disabled for 9 months, coverage will be extended up to age 65. Such proof must be submitted to us no later than 3 months after the date the Waiver Waiting Period ends. Premiums will be waived from the date we agree in writing to waive premiums for you. Item 7: Staff Report Pg. 39 Packet Pg. 288 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 After premiums have been waived for 12 months, they will be waived for future periods of 12 months, if you remain Disabled and submit satisfactory proof that Disability continues. Satisfactory proof must be submitted to us 3 months before the end of the 12 -month period. Amount ofInsurance If you die while you are Disabled and coverage is continued under this provision, we will pay a Death Benefit equal to the amount in effect on the date you became Disabled. However, the Life Insurance Benefit will be subject to the provisions of the Policy that reduce the coverage amount because of age, retirement, payment of an Accelerated Benefit or a change in class. Automatic increases in Life Insurance Benefits will end while premiums are waived. We will pay benefits only if due proof of your continuous Disability is received within one year of the date of the loss. Termination of Waiver Your insurance will end on the earliest of the following dates. 1. The date you are no longer Disabled. 2. The date you refuse to submit to any physical examination required by us. 3. The last day of the 12 -month period of Disability during which you fail to submit satisfactory proof of continued Disability. 4. To Age 65. "Disability"/"Disabled" means because of Injury or Sickness you are unable to perform all the material duties of any occupation which you may reasonably become qualified based on education, training or experience. TL -009745 Portability Options For Employees If your coverage under the Policy ends prior to age 70, for any of the following reasons: a. termination of employment; or b. termination of membership in an eligible class under the Policy; Life Insurance Benefits may be continued up to the Maximum Benefit shown in the Schedule of Benefits for this option. You must apply to the Insurance Company and pay the required premium. If you continue coverage, coverage for your Spouse or Dependent Child may also be continued by you. Your Spouse or Dependent Child must be covered under the Policy on the date coverage would otherwise end. The application must be submitted: a. within 31 days of your termination of employment or membership in an eligible class under the Policy; or b. during the time that you have to exercise the Conversion Privilege. Coverage under this option may not be elected at a later date. When applying for this option, you must name a beneficiary. Any beneficiary named previously under the Policy is no longer in effect. If there is no named or surviving beneficiary, Death Benefits will be paid to the first surviving class of the following living relatives: a. spouse; b. child or children; c. mother or father; d. brothers or sisters; or e. the executors or administrators of your estate. Item 7: Staff Report Pg. 40 Packet Pg. 289 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 When coverage is continued under this option, you become a Former Employee. Your Spouse becomes a Spouse of a Former Employee. Your Dependent Child becomes a Dependent Child of a Former Employee. If you, as a Former Employee, later acquire a Spouse or Dependent Child, you may elect coverage for them. You must apply to the Insurance Company and pay the required premium. Coverage for your Spouse or Dependent Child will be effective on the date we agree in writing to insure them. We may require that your Spouse or Dependent Child satisfy the Insurability Requirement before we agree to insure them. Coverage will end on the earliest of the following dates. a. The date we cancel coverage for all Former Employees. b. The end of the period for which premiums are paid. c. The date an Insured reaches age 70. d. The date the Maximum Benefit Period shown in the Schedule of Benefits for this option ends. Also, coverage for any Dependent Child will end on any of the dates listed above or when he or she no longer qualifies as a Dependent Child, if earlier. For Spouses If prior to age 70, a Spouse is: a. legally separated, divorced; or b. widowed from an insured Employee or Former Employee, Life Insurance Benefits may be continued. Coverage may be continued up to the Maximum Benefit shown in the Schedule of Benefits for this option. The Spouse must apply to the Insurance Company and pay the required premium. A Spouse who continues coverage may also continue coverage for a Dependent Child. The Dependent Child must be covered under the Policy on the date coverage would otherwise end. A Spouse must elect to continue insurance under this option within 31 days after coverage ends. Coverage may not be elected at a later date. When applying for this option, a Spouse must name a beneficiary. Any beneficiary named previously under the Policy is no longer in effect. If there is no named or surviving beneficiary, Death Benefits will be paid to the first surviving class of the following living relatives: a. spouse; b. child or children; c. mother or father; d. brothers or sisters; or e. the executors or administrators of the Spouse's estate. When coverage is continued under this option, the Spouse becomes a Former Spouse. A separate certificate of insurance will be issued to the Former Spouse. Coverage will be effective on the date after coverage as a Spouse ends if the required premium is paid. Coverage will end on the earliest of the following dates. a. The date we cancel coverage for all Former Spouses. b. The end of the period for which premiums are paid. c. The date the Former Spouse reaches age 70. d. The date the Maximum Benefit Period shown in the Schedule of Benefits for this option ends. Also, coverage for a Dependent Child will end on any of the dates listed above or when he or she no longer qualifies as a Dependent Child, if earlier. 10 Item 7: Staff Report Pg. 41 Packet Pg. 290 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 For Dependent Children If a Dependent Child is insured under the Policy and is at least 19 years of age, Life Insurance Benefits may be continued under this option. Coverage may be continued up to the Maximum Benefit shown in the Schedule of Benefits for this option. The Dependent Child must apply to the Insurance Company and pay the required premium. If a Dependent Child does not elect to continue insurance within 31 days after reaching age 19; or the date he or she no longer qualifies as a Dependent Child, if later, coverage under this option may not be elected at a later date. When applying for this option, a Dependent Child must name a beneficiary. Any beneficiary named previously under the Policy is no longer in effect. If there is no named or surviving beneficiary, Death Benefits will be paid to the first surviving class of the following living relatives: a. spouse; b. child or children; c. mother or father; d. brothers or sisters; or e. the executors or administrators of the Dependent Child's estate. When a Dependent Child continues coverage under this option, he or she becomes a Former Dependent Child. A separate certificate of insurance will be issued to the Former Dependent Child. Coverage for a Former Dependent Child will be effective on the following dates. a. For any Guaranteed Issue Amount, immediately following the date his or her coverage as a Dependent Child ends, provided the Insurance Company receives the required premium. b. For any amount of insurance that exceeds the Guaranteed Issue Amount, the date the Insurance Company agrees in writing to insure him or her. The Insurance Company will require the Former Dependent Child to satisfy the Insurability Requirement before it agrees to insure him or her. Coverage will end on the earliest of the following dates. a. The date we cancel coverage for all Former Dependent Children. b. The end of the period for which premiums are paid. c. The date the Former Dependent Child is age 70. d. The date the Maximum Benefit Period shown in the Schedule of Benefits for this option ends. TL -004716 as modified by TL -009330 WHAT IS COVERED LIFE INSURANCE BENEFITS Death Benefit If an Insured dies, we will pay the Life Insurance Benefit in force for that Insured on the date of his or her death. TL -004730 Accelerated Benefits Any benefits payable under this Accelerated Benefits provision will reduce the Death Benefit payable for Life Insurance. Any automatic increases in Life Insurance Benefits will end when benefits are payable under this provision. 11 Item 7: Staff Report Pg. 42 Packet Pg. 291 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Terminal Illness Benefit We will pay a Terminal Illness Benefit if we determine you or your Spouse are Terminally Ill. The amount of this benefit is up to the Maximum Benefit Amount shown in your Schedule of Benefits for this option. The Terminal Illness Benefit is payable only once in an Insured's lifetime. Determination of Terminal Illness For the purpose of determining the existence of a Terminal Illness, we will require you to submit the following proof. 1. A written diagnosis and prognosis by two Physicians licensed to practice in the United States. 2. Supportive evidence satisfactory to us, including but not limited to radiological, histological or laboratory reports documenting the Terminal Illness. We may require, at our expense, you to be examined and a review of the documented evidence by a Physician of our choice. "Terminal Illness" means a person is diagnosed by a Physician to have a prognosis of 12 months or less to live. TL -004748 Conversion Privilege for Life Insurance Each Insured may convert all or any portion of his or her Life Insurance that would end under the Policy due to: 1. termination of employment; 2. termination of membership in an eligible class under the Policy; 3. termination of the Policy. The Insured may apply for any type of life insurance we offer to persons of the same age in the amount applied for, except you may not: 1. choose term insurance; 2. apply for an amount of insurance greater than the coverage amount terminating under the Policy (also, the conversion policy will not provide accident, disability or other benefits); or 3. apply for more than $10,000 of insurance if the Policy is terminated or amended to terminate the insurance for any class of Insureds, or the Employer cancels participation under the Policy. Conversion in these cases is only permitted if you have been covered by the Policy or, any group life insurance policy issued to the Employer which the Policy replaced, for at least 3 years. If the Insured becomes eligible for coverage under any group life policy within 31 days of termination of coverage under this Policy, the Insured may not convert an amount of insurance greater than the amount of coverage terminating under the Policy less the amount for which he or she may be covered under the other policy. To apply for conversion insurance, the Insured must, within 31 days after coverage under the Policy ends: 1. submit an application to us; and 2. pay the required premium. Evidence of insurability is not required. Premium for the conversion insurance will be based on the age and class of risk of the Insured and the type and amount of coverage issued. If the Insured has assigned ownership of his group coverage, the owner/assignee must apply for the individual policy. 12 Item 7: Staff Report Pg. 43 Packet Pg. 292 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Conversion insurance will become effective on the 31st day after the date coverage under the Policy ends provided the application is received by us and the required premium has been paid. If the Insured dies during the 31 -day conversion period, the Life Insurance benefits will be paid under the Policy regardless of whether he or she applied for conversion insurance. If a conversion policy is issued, it will be in exchange for any further benefits for that type and amount of insurance from this Policy. Extension of Conversion Period If an Insured is eligible for conversion insurance and is not notified of this right at least 15 days prior to the end of the 31 -day conversion period, the conversion period will be extended. The Insured will have 15 days from the date notice is given to apply for conversion insurance. In no event will the conversion period be extended beyond 90 days. Notice, for the purpose of this section, means written notice presented to the Insured by the Employer or mailed to the Insured's last known address as reported by the Employer. If the Insured dies during the extended conversion period, but more than 31 days after his or her coverage under the Policy terminates, Life Insurance benefits: 1. will not be paid under the Policy; and 2. will be payable under the conversion insurance; provided: a. the Insured's application for conversion insurance has been received by us; and b. the required premium has been paid. Prior Conversion Limitation If an Insured is covered under a life insurance conversion policy previously issued by us, he or she will not be eligible for this Conversion Privilege unless the prior coverage has ended. TL -009740 LIFE INSURANCE EXCLUSIONS If an Insured commits suicide, while sane or insane, within 2 years from the date the Insured's insurance under the Policy becomes effective, Voluntary Life Insurance Benefits will be limited to a refund of the premiums paid on the Insured's behalf. The suicide exclusion applies from the effective date of any additional benefits or increases in Life Insurance Benefits. If a Dependent Child commits suicide and is survived by other Dependent Children covered under your certificate, no refund of premiums will be paid. TL -004752 CLAIM PROVISIONS Notice of Claim Written notice of claim, or notice by any other electronic/telephonic means authorized by us, must be given to us within 31 days after a covered loss occurs or begins or as soon as reasonably possible. If written notice, or notice by any other electronic/telephonic means authorized by us, is not given in that time, the claim will not be invalidated or reduced if it is shown that notice was given as soon as was reasonably possible. Notice can be given at our home office in Philadelphia, Pennsylvania or to our agent. Notice should include the Employer's name, the Policy Number and the claimant's name and address. Written notice, or any other electronic/telephonic means authorized by us, of a diagnosis of a Terminal Illness on which claim is based must be given to us within 60 days after the diagnosis. If notice is not given in that time, the claim will not be invalidated or reduced if it is shown that written notice, or any other electronic/telephonic means authorized by us, was given as soon as reasonably possible. 13 Item 7: Staff Report Pg. 44 Packet Pg. 293 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Claim Forms When we receive notice of claim, we will send claim forms for filing proof of loss. If we do not send claim forms within 15 days after notice is received by us, the proof requirements will be met by submitting, within the time required under the "Proof of Loss" section, written proof, or proof by any other electronic/telephonic means authorized by us, of the nature and extent of the loss. Claimant Cooperation Provision If you fail to cooperate with us in our administration of your claim, we may terminate the claim. Such cooperation includes, but is not limited to, providing any information or documents needed to determine whether benefits are payable or the actual benefit amount due. Insurance Data The Employer is required to cooperate with us in the review of claims and applications for coverage. Any information we provide to the Employer in these areas is confidential and may not be used or released by the Employer if not permitted by applicable privacy laws. Proof of Loss You must provide written proof of loss to us, or proof by any other electronic/telephonic means authorized by us, within 90 days after the date of the loss for which a claim is made. If written proof of loss, or proof by any other electronic/telephonic means authorized by us, is not given in that 90 day period, the claim will not be invalidated nor reduced if it is shown that it was given as soon as was reasonably possible. In any case, written proof of loss, or proof by any other electronic/telephonic means authorized by us, must be given not more than one year after the 90 day period. If written proof of loss, or proof by any other electronic/telephonic means authorized by us, is provided outside of these time limits, the claim will be denied. These time limits will not apply due to lack of legal capacity. Written proof, or any other electronic/telephonic means authorized by us, of loss for Accelerated Benefits must be furnished 90 days after the date of diagnosis. This proof must describe the occurrence, character and diagnosis for which claim is made. In case of claim for any other loss, proof must be furnished within 90 days after the date of such loss. If it is not reasonably possible to submit proof of loss within these time periods, we will not deny or reduce any claim if proof is furnished as soon as reasonably possible. Proof must, in any case, be furnished not more than a year later, except for lack of legal capacity. Time of Payment Benefits due under the Policy for a loss, other than a loss for which the Policy provides installment payments, will be paid immediately upon receipt of due written proof of such loss. Subject to the receipt of satisfactory written proof of loss, all accrued benefits for loss for which the Policy provides installment payments will be paid monthly; any balance remaining unpaid upon the termination of liability will be paid immediately upon receipt of due written proof, unless otherwise stated in the Description of Benefits. Manner of Payment of Claims The <ISSUE_TYPE> authorizes that any benefit payment due as a lump sum of $5,000 or more shall be credited to a draft account with the Insurance Company, in the name of the beneficiary. The beneficiary may withdraw the entire proceeds at any time by issuing one or more drafts, or may withdraw lesser amounts, subject to a minimum account balance set by the Insurance Company from time to time. Interest shall be credited to such account at rates as determined from time to time by the Insurance Company. 14 Item 7: Staff Report Pg. 45 Packet Pg. 294 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 To Whom Payable Death Benefits will be paid to the Insured's named beneficiary, if any, on file at the time of payment or to the certificate owner if alive. If there is no named beneficiary or surviving beneficiary, Death Benefits will be paid to the first surviving class of the following living relatives: spouse; child or children; mother or father; brothers or sisters; or to the executors or administrators of the Insured's estate. We may reduce the amount payable by any indebtedness due. All benefits payable under the Accelerated Benefits section are payable to the Insured, if living. If the Insured dies prior to the payment of an eligible claim for an Accelerated Benefit, benefits will be paid in accordance with the provisions applicable to the payment of Life Insurance proceeds, unless the Insured has directed us otherwise in writing. However, any payment made by us prior to notice of the Insured's death shall discharge us of any benefit that was paid. All other benefits unless otherwise stated in the Policy, will be payable to the Insured or the certificate owner if other than the Insured. Any other accrued benefits which are unpaid at your death will, at our option, be paid either to your beneficiary or to the executor or administrator of your estate. If we pay benefits to the executor or administrator of your estate or to a person who is incapable of giving a valid release, we may pay up to $1,000 to a relative by blood or marriage whom we believe is equitably entitled. This good faith payment satisfies our legal duty to the extent of that payment. Change of Beneficiary You may change your beneficiary at any time by giving written notice to the Employer or to us. The beneficiary's consent is not required for this or any other change which you may make unless your designation of beneficiary is irrevocable. No change in beneficiary will take effect until the form is received by the Employer or us. When this form is received, it will take effect as of the date of the form. If you die before the form is received, we will not be liable for any payment that was made before receipt of the form. Physical Examination and Autopsy We may, at our expense, exercise the right to examine any person for whom a claim is pending as often as we may reasonably require. Also, we may, at our expense, require an autopsy unless prohibited by law. Legal Actions No action at law or in equity may be brought to recover benefits under the Policy less than 60 days after written proof of loss, or proof by any other electronic/telephonic means authorized by us, has been furnished as required by the Policy. No such action shall be brought more than 3 years after the time satisfactory proof of loss is required to be furnished. Time Limitations If any time limit stated in the Policy for giving notice of claim or proof of loss, or for bringing any action at law or in equity, is less than that permitted by the law of the state in which you live when the Policy is issued, then the time limit provided in the Policy is extended to agree with the minimum permitted by the law of that state. Physician/Patient Relationship You have the right to choose any Physician who is practicing legally. We will in no way disturb the Physician/patient relationship. TL -004724 15 Item 7: Staff Report Pg. 46 Packet Pg. 295 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 ADMINISTRATIVE PROVISIONS Premiums The premiums for this Policy will be based on the rates currently in force, the plan and the amount of insurance in effect. If an Insured's coverage amount is reduced due to acceleration of a Death Benefit, premium will be based on the amount of coverage in force on the day before the reduction took place. If the Insured's coverage amount is reduced due to his or her attained age, premium will be based on the amount of coverage in force on the day after the reduction took place. Your Grace Period If your required premium is not paid on the Premium Due Date, there is a 31 day grace period after each premium due date after the first. If the required premium is not paid during the grace period, insurance will end on the last day for which premium was paid. Draft Accounts The Insurance Company shall be entitled to retain, as part of its compensation, any earnings on draft accounts created in connection with benefit claims, in excess of interest credited under the terms of the policy. Reinstatement of Insurance Your coverage may be reinstated without satisfying the Insurability Requirement, if your insurance ends because you are on an unpaid leave of absence and you apply for Reinstatement within 31 days of your return to Active Service. After your insurance ends, it may be reinstated at any date prior to five years after the date of termination if the following conditions are met. 1. The Policy is still in force. 2. You are eligible under the Policy. 3. You send us a written request for reinstatement and a new enrollment form. 4. The required premium is paid. 5. The Insurability Requirement, if applicable, is satisfied. TL -004722 GENERAL PROVISIONS Incontestability All statements made by the Employer or by an Insured are representations not warranties. No statement will be used to deny or reduce benefits or as a defense to a claim, unless a copy of the instrument containing the statement has been furnished to the claimant. In the event of death or legal incapacity, the beneficiary or representative must receive the copy. After two years from an Insured's effective date of insurance, or from the effective date of any added or increased benefits, no such statement will cause insurance to be contested except for fraud or eligibility for insurance. Misstatement of Age If an Insured's age has been misstated, we will adjust all benefits to the amounts that would have been purchased for the correct age. 16 Item 7: Staff Report Pg. 47 Packet Pg. 296 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Workers' Compensation Insurance The Policy is not in lieu of and does not affect any requirements for insurance under any Workers' Compensation Insurance Law. Assignment of Benefits We will not be affected by the assignment of your certificate until the original assignment or a certified copy of the assignment is filed with us. We will not be responsible for the validity or sufficiency of an assignment. An assignment of benefits will operate so long as the assignment remains in force provided insurance under the Policy is in effect. This insurance may not be levied on, attached, garnisheed, or otherwise taken for a person's debts. This prohibition does not apply where contrary to law. Clerical Error A person's insurance will not be affected by error or delay in keeping records of insurance under the Policy. If such an error is found, the premium will be adjusted fairly. Ownership of Records All records maintained by the Insurance Company are, and shall remain, the property of the Insurance Company. TL -004728 DEFINITIONS Please note, certain words used in this document have specific meanings. These terms will be capitalized throughout this document. The definition of any word, if not defined in the text where it is used, maybe found either in this Definitions section or in the Schedule of Benefits. Accident The term Accident means a sudden, unforeseeable external event that causes you bodily Injury and occurs while your coverage is in force under the Policy. Active Service If you are an Employee, you are in Active Service with the Employer on a day which is one of the Employer's scheduled work days if either of the following conditions are met. 1. You are actively at work. This means you are performing your regular occupation for the Employer on a Full-time basis, either at one of the Employer's usual places of business or at some location to which the Employer's business requires you to travel. 2. The day is a scheduled holiday, vacation day or period of Employer approved paid leave of absence, other than disability or sick leave after 7 days. You are considered in Active Service on a day which is not one of the Employer's scheduled work days only if you were in Active Service on the preceding scheduled work day. Annual Compensation Annual Compensation means an Employee's annual wage or salary as reported by the Employer for work performed for the Employer as of the date the covered loss occurs. It includes earnings received as commissions, but not bonuses, overtime pay or other extra compensation. Commissions will be averaged for the 12 months just prior to the date the covered loss occurs, or the months employed, if less than 12 months. 17 Item 7: Staff Report Pg. 48 Packet Pg. 297 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Dependent Child Your unmarried child if he or she meets the following requirements: 1. A child from live birth to 19 years old; 2. A child who is 19 or more years old but less than 26 years old, enrolled in a school as a full-time student and primarily supported by you; 3. A child who is 19 or more years old, primarily supported by you and incapable of self-sustaining employment by reason of mental or physical handicap. The term "child" means a child born to or legally adopted by you. It includes a child during any waiting period prior to the finalization of the child's adoption. It also means a stepchild, including a Domestic Partner's child, living with and financially dependent upon you. Employee For eligibility purposes, you are an Employee if you work for the Employer and are in one of the "Classes of Eligible Employees." Otherwise, you are an Employee if you are an employee of the Employer who is insured under the Policy. Employer The Employer who has subscribed to the Policyholder and for the benefit of whose Employees this policy has been issued. The Employer, named as the Subscriber on the front of this Policy, includes any affiliates or subsidiaries covered under the Policy. The Employer is acting as your agent for transactions relating to this insurance. You shall not consider any actions of the Employer as actions of the Insurance Company. Full-time Full-time means the number of hours set by the Employer as a regular work day for Employees in your eligibility class. Injury Any accidental loss or bodily harm that results directly and independently from all other causes from an Accident. Insurability Requirement An eligible person satisfies the Insurability Requirement for an amount of coverage on the day we agree in writing to accept you as insured for that amount. To determine a person's acceptability for coverage, we will require you to provide evidence of good health and may require it be provided at your expense. Insurance Company The Insurance Company underwriting the Policy is named on your certificate cover page. References to the Insurance Company have been changed to "we", "our", "ours", and "us" throughout the certificate. Insured You are an Insured if you are eligible for insurance under the Policy, insurance is elected for you, the required premium is paid and your coverage is in force under the Policy. 18 Item 7: Staff Report Pg. 49 Packet Pg. 298 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Life Status Change A Life Status Change is an event recognized by the Employer's Flexible Benefits Plan as qualifying you to make changes in benefit selections at a time other than an Annual Enrollment Period. If the Employer does not sponsor a Flexible Benefits Plan or if it is no longer in effect, the following events are Life Status Changes. 1. Marriage 2. Divorce, annulment or legal separation 3. Birth or adoption of a child 4. Death of your spouse 5. Termination of your spouse's employment 6. A change in the benefit plan available to your spouse 7. A change in employment status for you or your spouse that affects your eligibility for benefits Physician Physician means a licensed doctor practicing within the scope of his or her license and rendering care and treatment to an Insured that is appropriate for the condition and locality. The term does not include you, your spouse, your immediate family (including parents, children, siblings, or spouses of any of the foregoing, whether the relationship derives from blood or marriage), or a person living in your household. Prior Plan The Prior Plan refers to the plan of insurance providing similar benefits to you sponsored by the Employer and in effect directly prior to the Policy Effective Date. Sickness The term Sickness means a physical or mental illness. Spouse Your current lawful spouse. Subscriber Any participating organization that subscribes to the trust to which this Policy is issued, and which is insured under this Policy. TL -004708 19 Item 7: Staff Report Pg. 50 Packet Pg. 299 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 AMENDATORY RIDER DOMESTIC PARTNER/CIVIL UNION PARTNER COVERAGE Policy No. FLX-962659 Effective Date: January 1, 2009 This rider amends the Policy and Certificate to which it is attached. It is effective on the Effective Date shown above, and expires when the Policy expires. Domestic Partner/Civil Union Partner means any of the following: 1. A person with whom the Employee or Former Employee has a registered civil union or domestic partnership under state law which imposes legal obligations on the parties substantially similar to marriage. Such person will continue to be recognized as a Domestic Partner or Civil Union Partner unless and until: (1) the civil union or domestic partnership is dissolved under applicable law; or (2) either the Employee or Former Employee or the Domestic Partner/Civil Union Partner marries another person. 2. A person meeting all of the following requirements, with respect to an Employee or Former Employee: a. Shares a permanent residence with the Employee or Former Employee; b. Has resided with the Employee or Former Employee for at least 6 months and is expected to continue to reside with the Employee or Former Employee indefinitely; c. Has not been legally married to any other person within the previous six months, and has no Domestic Partner other than the Employee or Former Employee during the previous six months, and is the Employee's or Former Employee's sole Domestic Partner; d. Has signed a Domestic Partner declaration with the Employee or Former Employee, if the Employee or Former Employee resides in a jurisdiction which provides for Domestic Partner declarations; e. Has not signed a Domestic Partner declaration with any other person within the last 6 months; f. Is interdependent with the Employee or Former Employee in three or more of the following ways: 1. Both partners are registered under any municipal ordinance as domestic partners. 2. Both partners are jointly parties to a lease, mortgage or deed. 3. Both partners jointly own one or more motor vehicles. 4. Both partners jointly own one or more bank or credit accounts. 5. The Employee or Former Employee has named the Domestic Partner as attorney -in -fact under a durable power of attorney with authority over health care decisions. 6. The Employee or Former Employee has designated the Domestic Partner as beneficiary under a retirement plan or a life insurance policy. 7. The Employee or Former Employee has designated the Domestic Partner as beneficiary of the Employee's or Former Employee's will. 8. Each partner has agreed in writing to assume the financial responsibility for the welfare of the other. g. Is not so closely related by blood to the Employee or Former Employee as to prohibit legal marriage in their state of residence; h. Is no less than 18 years of age. The Employee or Former Employee and Domestic Partner must furnish the Employer and Insurance Company with a signed declaration that the above requirements are met, at the time of enrollment. 20 Item 7: Staff Report Pg. 51 Packet Pg. 300 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 All references in the policy to "Spouse" shall be changed to read "Spouse, Domestic Partner, and Civil Union Partner except as follows: 1. The definition of "Spouse" remains unchanged. 2. For purposes of any provision of the policy providing for payment of benefits to relatives of the Employee or Former Employee, a Domestic Partner/Civil Union Partner shall be included only if: a. the Domestic Partner/Civil Union Partner meets the requirements of the definition of Domestic Partner/Civil Union Partner referenced in item 1; or b. the Employee or Former Employee and Domestic Partner have furnished the Employer or the Insurance Company with a signed statement affirming that the requirements referenced in item 2 within the definition of Domestic Partner are met. 3. A Domestic Partner/Civil Union Partner shall be deemed eligible to be enrolled for insurance on the latest of: a. the date of registration under Item 1 of the definition of Domestic Partner/Civil Union Partner; b. the date that the Employee or Former Employee is eligible for insurance under the Policy; c. the effective date of this Amendment to the Policy. 4. A child of a Domestic Partner/Civil Union Partner may only be eligible to be insured if: a. the child is primarily dependent on the Employee for financial support; or b. the Employee has a legal obligation of support of the child; or c. the Employee is the child's legal guardian. Except for the above this rider does not change the Policy or Certificate to which it is attached. LIFE INSURANCE COMPANY OF NORTH AMERICA ZV Scott Berlin, President TL -007153 21 Item 7: Staff Report Pg. 52 Packet Pg. 301 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 LIFE INSURANCE COMPANY OF NORTH AMERICA 1601 CHESTNUT STREET PHILADELPHIA, PA 19192-2235 STATE MODIFYING PROVISIONS AMENDMENT RIDER Subscriber: City of Palo Alto Policy No. FLX-962659 Amendment Effective Date: January 1, 2009 This amendment is attached to and made part of the Policy/Certificate specified above. Its provisions are intended to conform this Policy/Certificate to the laws of the state in which the insured resides. The Policy delivered under the Group Policy are amended as follows: APPLICABLE TO CALIFORNIA RESIDENTS: 1. Conversion Privilege for Life Insurance Insured Employees and Insured Spouses may convert to an individual policy of life insurance for an amount not greater than the Conversion Amount shown below when the Policy ends, without regard to any requirement that the person be insured under the policy for a specified period of time, if all of the following apply. a. The Insured became Totally Disabled while covered for the Life Benefit of the Policy. Totally Disabled means the person is unable to perform all the material duties of any occupation for which he or she may reasonably be qualified based on training, education and experience. b. The Insured remained Totally Disabled until the Policy ended while covered for the Life Benefit of this Policy. c. The Policy does not provide a Waiver of Premium, Extended Death Benefit Provision or monthly payments to Totally Disabled Insureds for the Life Benefit. d. The person meets all other conditions for converting the insurance. Conversion Amount - Insured's life insurance amount under the Policy on the date the Policy ends minus the amount for which the Insured is insured under a group policy that provides life coverage to employees of the Insured Employee's Employer covered under this Policy. The dollar limit that applies to the amount for conversion at Policy termination does not apply. The requirement that the Insured be covered under the Policy for the stated number of years in order to convert life insurance does not apply. 22 Item 7: Staff Report Pg. 53 Packet Pg. 302 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 APPLICABLE TO MISSOURI RESIDENTS: Applicable to Voluntary Life Insurance Benefits If an Insured commits suicide, while sane or insane, within 1 year from the date his or her insurance under the Policy becomes effective, Voluntary Life Insurance Benefits will be limited to a refund of the premiums paid on the Insured's behalf. The suicide exclusion applies from the effective date of any additional benefits or increases in Life Insurance Benefits. Except for any amount of benefits in excess of the Prior Plan's benefits, this exclusion will not apply to any person covered under the Prior Plan for more than one year. If a person was not insured for one year under the Prior Plan, credit will be given for the time he or she was insured. If a Dependent Child commits suicide and is survived by other Dependent Children covered under the same certificate, no refund of premiums will be paid. APPLICABLE TO NORTH DAKOTA RESIDENTS: The Suicide exclusion, if any, is limited to one year from the effective date of insurance. The suicide exclusion with respect to any increase in death benefits which results from an application of the insured subsequent to the effective date, if any, is limited to one year from the effective date of the increase. Signed for the Life Insurance Company of North America Scott Berlin, President TL -00-3000.00 23 Item 7: Staff Report Pg. 54 Packet Pg. 303 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Item 7: Staff Report Pg. 55 Packet Pg. 304 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Item 7: Staff Report Pg. 56 Packet Pg. 305 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 UNDERWRITTEN BY: LIFE INSURANCE COMPANY OF NORTH AMERICA a New York Life Insurance company Class 1 12/2024 • GROUP BENEFIT SOLUTIONS Item 7: Staff Report Pg. 57 Packet Pg. 306 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 EXHIBIT A-2 VOLUNTARY LIFE INSURANCE POLICY Item 7: Staff Report Pg. 58 Packet Pg. 307 of 462 Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Life Insurance Company of North America 1601 Chestnut Street Philadelphia, Pennsylvania 19192-2235 AMENDMENT Item 7 Attachment D - New York Life Insurance (Life Disability), Contract C25191558 Policyholder: Trustee of the Group Insurance Trust for Employers in the Public Administration Industry Subscriber: City of Palo Alto Policy No.: OK - 964302 This Amendment is attached to and made part of the Policy specified above. It is subject to all of the policy provisions that do not conflict with its provisions. Subscriber and We hereby agree that the Policy is amended as follows: Effective January 1, 2025, the following rates will remain in force for Classes 1, 2 and 3 for coverage under the Policy: Premium Rate: Basic Insurance Employee Rate: $0.015 per $1,000 Voluntary Insurance Employee Rate: $0.02 per $1,000 No change in rates will be made until 36 months after the effective date of this Amendment. However, the Company reserves the right to change the rates at any time during a period for which the rates are guaranteed if the conditions described in the Changes in Premium Rates provision under the Administrative Provisions section of the Policy apply. Except for the above, this Amendment does not change the Policy in any way. Date: October 29, 2024 Amendment No. 05a GA -00-4000.00 Life Insurance Company of North America r Scott Berlin, President Item 7: Staff Report Pg. 59 Packet Pg. 308 of 462 Item 7 Attachment D - New York Life Insurance (Life Disability), Contract Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E EXHIBIT "A-2" C25191558 BASIC & VOLUNTARY AD&D LIFE INSURANCE POLICY CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT SUMMARY DOCUMENT AND DISCLAIMER Residents of California who purchase life and health insurance and annuities should know that the insurance companies licensed in this state to write these types of insurance are members of the California Life and Health Insurance Guaranty Association. The purpose of this Association is to assure that policyholders will be protected, within limits, in the unlikely event that a member insurer becomes financially unable to meet its obligations. If this should happen, the Association will assess its other member insurance companies for the money to pay the claims of insured persons who live in this state and, in some cases, to keep coverage in force. The valuable extra protection provided through the Association is not unlimited, as noted in the box below, and is not a substitute for consumers' care in selecting well managed and financially stable insurers. The California Life and Health Insurance Guaranty Association may not provide coverage for this insurance. If coverage is provided, it may be subject to substantial limitations or exclusions, and require continued residency in the state. You should not rely on coverage by the Association in selecting an insurance company or in selecting an insurance policy. Coverage is NOT provided for your insurance or any portion of it that is not guaranteed by the Insurer or for which you have assumed the risk, such as a variable contract sold by prospectus. Insurance companies or their agents are required by law to give or send you this notice. However, insurance companies and their agents are prohibited by law from using the existence of the Association to induce you to purchase any kind of insurance policy. If you have additional questions, you should first contact your insurer or agent and then may contact California Life and Health OR Insurance Guaranty Association P.O. Box 16860 Beverly Hills, CA 90209 Consumer Service Division California Department of Insurance 300 South Spring Street Los Angeles, CA 90013 Below is a brief summary of this law's coverages, exclusions and limits. This summary does not cover all provisions of the law; nor does it in any way change anyone's rights or obligations under the Act or the rights or obligations of the Association. Item 7: Staff Report Pg. 60 Packet Pg. 309 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 COVERAGE Generally, individuals will be protected by the California Life and Health Insurance Guaranty Association if they live in this state and hold a life or health insurance contract, or an annuity, or if they are insured under a group insurance contract, issued by a member insurer. The beneficiaries, payees or assignees of insured persons are protected as well, even if they live in another state. EXCLUSIONS FROM COVERAGE However, persons holding such policies are not protected by this Association if: • their insurer was not authorized to do business in this state when it issued the policy or contract; • their policy was issued by a health care service plan (HMO), Blue Cross, Blue Shield, a charitable organization, a fraternal benefit society, a mandatory state pooling plan, a mutual assessment company, an insurance exchange, or a grants and annuities society; • they are eligible for protection under the laws of another state. This may occur when the insolvent insurer was incorporated in another state whose Guaranty Association protects insureds who live outside that state. The Association also does not provide coverage for: • unallocated annuity contracts; that is, contracts which are not issued to and owned by an individual and which guarantee rights to group contract holders, not individuals; • employer and association plans to the extent they are self -funded or uninsured; • synthetic guaranteed interest contracts; • any policy or portion of a policy which is not guaranteed by the insurer or for which the individual has assumed the risk, such as a variable contract sold by prospectus; • any policy of reinsurance unless an assumption certificate was issued; • interest rate yields that exceed an average rate; and • any portion of a contract that provides dividends or experience rating credits. LIMITS ON AMOUNT OF COVERAGE The Act limits the Association to pay benefits as follows: Life and Annuity Benefits • 80% of what the life insurance company would owe under a life policy or annuity contract up to • $100,000 in cash surrender values; • $100,000 in present value of annuities; or • $250,000 in life insurance death benefits. • A maximum of $250,000 for any one insured life no matter how many policies and contracts there were with the same company, even if the policies provided different types of coverages. Health Benefits • A maximum of $200,000 of the contractual obligations that the health insurance company would owe were it not insolvent. The maximum may increase or decrease annually based upon changes in the health care cost component of the consumer price index. PREMIUM SURCHARGE Member insurers are required to recoup assessments paid to the Association by way of a surcharge on premiums charged for health insurance policies to which the act applies. Item 7: Staff Report Pg. 61 Packet Pg. 310 of 462 Item 7 Attachment D - New York Life Insurance (Life Disability), Contract Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E C25191558 Life Insurance Company of North America 1601 Chestnut Street, Philadelphia, Pennsylvania 19192-2235 A Stock Insurance Company GROUP ACCIDENT POLICY POLICYHOLDER: POLICY NUMBER: POLICY EFFECTIVE DATE: POLICY ANNIVERSARY DATE: STATE OF ISSUE: Trustee of the Group Insurance Trust for Employers in the Public Administration Industry OK 964302 January 1 January 1 Delaware This Policy describes the terms and conditions of insurance. This Policy goes into effect subject to its applicable terms and conditions at 12:01 AM on thePolicy EffectiveDate shown above at the Policyholder's address. The laws of the State of Issue shown above govern this Policy. We and the Policyholder agree to all of the terms of this Policy. THIS IS A GROUP ACCIDENT ONLY INSURANCE POLICY. IT DOES NOT PAY BENEFITS FORLOSS CAUSED BY SICKNESS. THIS IS A LIMITED POLICY. PLEASE READ IT CAREFULLY. Deborah Young, Corporate Secretary GA -00-1000.00 Karen S. Rohan, President Countersigned Where Required By Law Item 7: Staff Report Pg. 62 Packet Pg. 311 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 TABLE OF CONTENTS SECTION PAGE NUMBER SCHEDULE OF AFFILIATES SCHEDULE OF BENEFITS GENERAL DEFINITIONS ELIGIBILITY AND EFFECTIVE DATE PROVISIONS COMMON EXCLUSIONS CONVERSION PRIVILEGE CLAIM PROVISIONS ADMINISTRATIVE PROVISIONS GENERAL PROVISIONS ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGE EXPOSURE AND DISAPPEARANCE COVERAGE CHILD CARE CENTER BENEFIT COMMON CARRIER BENEFIT FELONIOUS ASSAULT AND VIOLENT CRIME BENEFIT SEATBELT AND AIRBAG BENEFIT SPECIAL EDUCATION BENEFIT SPOUSE RETRAINING BENEFIT GA -00-1000.00 Item 7: Staff Report Pg. 63 Packet Pg. 312 of 462 1 2 15 18 19 20 22 24 25 27 28 28 29 29 30 30 32 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 SCHEDULE OF AFFILIATES The following affiliates are covered under this Policy on the effective dates listed below. AFFILIATE NAME LOCATION EFFECTIVE DATE None GA -00-1000.00 Item 7: Staff Report Pg. 64 Packet Pg. 313 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 SCHEDULE OF BENEFITS This Policy is intendedto be read in its entirety. In order to understand all the conditions, exclusions and limitations applicable to its benefits, please read all the policy provisions carefully. The Schedule ofBenefits provides a brief outlineof the coverage and benefits provided by this Policy. Please read the Description of Coverages and Benefits Section for full details. Subscriber: City of Palo Alto Effective Date of Subscriber Participation: January 1,2009 Covered Classes: Class 1 All active, full-time Employees of the Employer, regularly working a minimum of20 hours perweek excluding Employees who are classified as Management. Class 2 All active, full-time Employees of the Employer, regularly working a minimum of20 hours perweek who are classified as Management. Class 3 All active, Full-time Employees of the Employer as defined under the prior carrierpolicy number 643 835, and on file with the Insurance Company, and who are regularly working a minimum of 20 hours per week. (Closed Class) Item 7: Staff Report Pg. 65 Packet Pg. 314 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 SCHEDULE OF BENEFITS FOR CLASS 1 This Schedule ofBenefits shows maximums, benefit periods and any limitations applicable to benefits provided in this Policy for each Covered Person unless otherwise indicated. Principal Sum, when referred to in this Schedule, means the Employee's Principal Sum in effect on the date of the Covered Accident causing the Covered Injury or Covered Loss unless otherwise specified. Eligibility Waiting Period The Eligibility Waiting Period is the period of timethe Employee must be in a Covered Class to be eligible for coverage. For Employees hired on or before the Policy Effective Date: No Waiting Period For Employees hired after the Policy Effective Date: No Waiting Period Time Period for Loss: Any Covered Loss must occur within: 365 days of the Covered Accident Maximum Age for Insurance: None BASIC ACCIDENTAL DEATH AND DISMEMBERMENT BENEFITS Employee Principal Sum: 1 times Annual Compensation rouindedto the nexthigher $1,000 if not already a multiple thereof, subject to a maximum of $325,000. Changes in the CoveredPerson's amount ofinsuranceresulting from a change in the Employee's amount of Annual Compensation take effect, subj ectto anyActive Service requirement, on the first day ofthe month following the change in Annual Compensation. SCHEDULE OF COVERED LOSSES Covered Loss Benefit Loss of Life 100% of the PrincipalSum Loss of Two or More Hands or Feet 100% of the Principal Sum Loss of Sight of Both Eyes 100% of the Principal Sum Loss of One Hand or One Foot and Sight in One Eye 100% of the Principal Sum Loss of Speech and Hearing (in both ears) 100% of thePrincipal Sum Quadriplegia 100% of the Principal Sum Paraplegia 75% of the PrincipalSum Hemiplegia 50% of the PrincipalSum Uniplegia 25% of the PrincipalSum Coma Monthly Benefit 1% of the Principal Sum Numb er of Monthly Benefits 11 Lump Sum Benefit 100% of the Principal Sum When Payable Beginning of the 12"'month Loss of One Hand or Foot 50% of the PrincipalSum Loss of Sight in One Eye 50% of the PrincipalSum Loss of Speech 50% of the PrincipalSum Loss of Hearing (in both ears) 50% of the PrincipalSum Loss of all Four Fingers of the Same Hand 25% of the Principal Sum Loss of Thumb and Index Finger of the Same Hand 25% of the Principal Sum Loss of all the Toes of the Same Foot 25% of the Principal Sum Item 7: Staff Report Pg. 66 Packet Pg. 315 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Age Reductions A Covered Person's Principal Sumwill be reducedto the percentage ofhis Principal Sum in effect onthe date preceding the first reduction, as shown below. Age Percentage of Benefit Amount 70 but less than 75 65% 75 and over 50% ADDITIONAL ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGES Accidental Death andDismembeiment benefits are providedunder the following coverages. Any benefits payable under them are as shown in the Schedule of Covered Losses and are not paid in addition to any other Accidental Death and Dismemberment benefits. EXPOSURE AND DISAPPEARANCE COVERAGE Principal Sum multiplied bythe percentage applicable to the Covered Loss, as shown in the Schedule of Covered Losses. ADDITIONAL ACCIDENT BENEFITS Any benefits payable under these Additional AccidentBenefits shown below are paid in a ddition to any other Accidental Death and Dismemberment benefits payable. CHILD CARE CENTER BENEFIT Benefit Amount $5,000 Maximum Benefit Period the earlierof 4 years oruntilthe child turns 13 for each surviving Dependent Child COMMON CARRIER BENEFIT 100% multiplied by the percentage of the Principal Sum applicable to the CoveredLoss, as shown in the Schedule of Covered Losses, subject to a maximum of$200,000 FELONIOUS ASSAULT AND VIOLENT CRIME BENEFIT Accidental Death and Dismemberment Benefit 50% multiplied by the percentage of the Principal Sum applicable to the CoveredLoss, as shownin the Schedule of Covered Losses, subject to a maximum of $25,000 Hospital Stay Benefit $100 per day Maximum Benefit Period 365 days per Hospital Stay per Covered Accident SEATBELT AND AIRBAG BENEFIT Seatbelt Benefit $10,000 Airbag Benefit $5,000 Default Benefit $1,000 SPECIAL EDUCATION BENEFIT Surviving Dependent Child Benefit $5,000 Maximum Number of Annual Payments For Each Surviving Dependent Child 4 Default Benefit $1,000 SPOUSE RETRAINING BENEFIT Benefit $5,000 Item 7: Staff Report Pg. 67 Packet Pg. 316 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 VOLUNTARY ACCIDENTAL DEATH AND DISMEMBERMENT BENEFITS Employee Principal Sum: Voluntary Benefits match the Voluntary Life Benefits under policy numberFLX 962659. Only Employees covered forthe Voluntary Life can elect Voluntary AD&D. Changes in the CoveredPerson's amount ofinsuranceresulting from a change in the Employee's amount of Annual Compensation take effect, subjectto anyActive Service requirement, on the first day ofthe month following the change in Annual Compensation. SCHEDULE OF COVERED LOSSES Covered Loss Benefit Loss of Life 100% of the Principal Sum Loss of Two or More Hands or Feet 100% of the Principal Sum Loss of Sight of Both Eyes 100% of the Principal Sum Loss of One Hand or One Foot and Sight in One Eye 100% of the Principal Sum Loss of Speech and Hearing (in both ears) 100% of thePrincipal Sum Quadriplegia 100% of the Principal Sum Paraplegia 75% of the Principal Sum Hemiplegia 50% of the Principal Sum Uniplegia 25% of the Principal Sum Coma Monthly Benefit 1% of the Principal Sum Number of Monthly Benefits 11 Lump Sum Benefit 100% of the Principal Sum When Payable Beginning of the 12'hmonth Loss of One Hand or Foot 50% of the Principal Sum Loss of Sight in One Eye 50% of the Principal Sum Loss of Speech 50% of the Principal Sum Loss of Hearing (in both ears) 50% of the Principal Sum Loss of all Four Fingers of the Same Hand 25% of the Principal Sum Loss of Thumb and Index Finger of the Same Hand 25% of the Principal Sum Loss of all the Toes of the Same Foot 25% of the Principal Sum Age Reductions A Covered Person's Principal Sum will be reducedto the percentage ofhis Principal Sum in effect onthe date preceding the first reduction, as shown below. Age Percentage of Benefit Amount 70 but less than 75 65% 75 and over 50% ADDITIONAL ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGES Accidental Death andDismemberment benefits are providedunder the following coverages. Any benefits payable under them are as shown in the Schedule of Covered Losses and are not paid in addition to any other Accidental Death and Dismemberment benefits. EXPOSURE AND DISAPPEARANCE COVERAGE Principal Sum multiplied bythe percentage applicable to the Covered Loss, as shown in the Schedule of Covered Losses. Item 7: Staff Report Pg. 68 Packet Pg. 317 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 ADDITIONAL ACCIDENT BENEFITS Any benefits payable under these AdditionalAccidentBenefits its shown below are paid in additionto to any other Accidental Death and Dismemberment benefits payable. CHILD CARE CENTER BENEFIT Benefit Amount $5,000 Maximum Benefit Period the earlier of 4 years oruntilthe child turns 13 for each surviving Dependent Child COMMON CARRIER BENEFIT 100% multiplied by the percentage of the Principal Sum applicable to the Covered Lo ss, as shown in the Schedule of Covered Losses, subject to a maximum of$200,000 FELONIOUS ASSAULT AND VIOLENT CRIME BENEFIT Accidental Death and Dismemberment Benefit 50% multiplied by the percentage of the PrincipalSum applicable to the Covered Loss, as shown in the Schedule of Covered Losses, subject to a maximum of $25,000 Hospital Stay Benefit $100 per day Maximum Benefit Period 365 days per Hospital Stay per Covered Accident SEATBELT AND AIRBAG BENEFIT Seatbelt Benefit $10,000 Airbag Benefit $5,000 Default Benefit $1,000 SPECIAL EDUCATION BENEFIT Surviving Dependent Child Benefit $5,000 Maximum Number of AnnualPayments For Each Surviving Dependent Child 4 Default Benefit $1,000 SPOUSE RETRAINING BENEFIT Benefit $5,000 INITIAL PREMIUM RATES Premium Rate: Basic Insurance Employee Rate: $0.02 per $1,000 Voluntary Insurance Employee Rate: $0.02 per $1,000 Mode of Premium Payment: Monthly Contributions: The cost of the coverage is paid by the Subscriber and theEmployee Premium Due Dates: The Policy Effective Dateandthe fast day of each succeeding modal period Premium rates are subject to change in accordance with the Changes in Premium Rates section contained in the Administrative Provisions section ofthis Policy. GA -00-1 100.00 Item 7: Staff Report Pg. 69 Packet Pg. 318 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 SCHEDULE OF BENEFITS FOR CLASS 2 This Schedule ofBenefits shows maximums, benefit periods and any limitations applicable to benefits provided in this Policy for each Covered Person unless otherwise indicated. Principal Sum, when referred to in this Schedule, means the Employee's Principal Sum in effect on the date of the Covered Accident causing the Covered Injury or Covered Loss unless otherwise specified. Eligibility Waiting Period The Eligibility Waiting Period is the period of timethe Employee must be in a Covered Class to be eligible for coverage. For Employees hired on or before the Policy Effective Date: No Waiting Period For Employees hired after the Policy Effective Date: No Waiting Period Time Period for Loss: Any Covered Loss must occur within: 365 days of the Covered Accident Maximum Age for Insurance: None BASIC ACCIDENTAL DEATH AND DISMEMBERMENT BENEFITS Employee Principal Sum: 1 times Annual Compensation rouindedto the nexthigher $1,000 if not already a multiple thereof, subject to a maximum of $325,000. Changes in the CoveredPerson's amount ofinsuranceresulting from a change in the Employee's amount of Annual Compensation take effect, subj ectto anyActive Service requirement, on the first day ofthe month following the change in Annual Compensation. SCHEDULE OF COVERED LOSSES Covered Loss Benefit Loss of Life 100% of the PrincipalSum Loss of Two or More Hands or Feet 100% of the Principal Sum Loss of Sight of Both Eyes 100% of the Principal Sum Loss of One Hand or One Foot and Sight in One Eye 100% of the Principal Sum Loss of Speech and Hearing (in both ears) 100% ofthePrincipal Sum Quadriplegia 100% of the PrincipalSum Paraplegia 75% of the PrincipalSum Hemiplegia 50% of the PrincipalSum Uniplegia 25% of the PrincipalSum Coma Monthly Benefit 1% of the Principal Sum Numb er of Monthly Benefits 11 Lump Sum Benefit 100% of the Principal Sum When Payable Beginning of the 12"'month Loss of One Hand or Foot 50% of the PrincipalSum Loss of Sight in One Eye 50% of the PrincipalSum Loss of Speech 50% of the PrincipalSum Loss of Hearing (in both ears) 50% of the Principal Sum Loss of all Four Fingers of the Same Hand 25% of the Principal Sum Loss of Thumb and Index Finger of the Same Hand 25% of the Principal Sum Loss of all the Toes of the Same Foot 25% of the Principal Sum Item 7: Staff Report Pg. 70 Packet Pg. 319 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Age Reductions A Covered Person's Principal Sumwill be reducedto the percentage ofhis Principal Sum in effect onthe date preceding the first reduction, as shown below. Age Percentage of Benefit Amount 70 but less than 75 65% 75 and over 50% ADDITIONAL ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGES Accidental Death andDismembeiment benefits are providedunder the following coverages. Any benefits payable under them are as shown in the Schedule of Covered Losses and are not paid in addition to any other Accidental Death and Dismemberment benefits. EXPOSURE AND DISAPPEARANCE COVERAGE Principal Sum multiplied bythe percentage applicable to the Covered Loss, as shown in the Schedule of Covered Losses. ADDITIONAL ACCIDENT BENEFITS Any benefits payable under these Additional AccidentBenefits shown below are paid in a ddition to any other Accidental Death and Dismemberment benefits payable. CHILD CARE CENTER BENEFIT Benefit Amount $5,000 Maximum Benefit Period the earlier of 4 years oruntilthe child turns 13 for each surviving Dependent Child COMMON CARRIER BENEFIT 100% multiplied by the percentage of the Principal Sum applicable to the CoveredLoss, as shownin the Schedule of Covered Losses, subject to a maximum of$200,000 FELONIOUS ASSAULT AND VIOLENT CRIME BENEFIT Accidental Death and Dismemberment Benefit 50% multiplied by the percentage of the Principal Sum applicable to the CoveredLoss, as shownin the Schedule of Covered Losses, subject to a maximum of $25,000 Hospital Stay Benefit $100 per day Maximum Benefit Period 365 days per Hospital Stay per Covered Accident SEATBELT AND AIRBAG BENEFIT Seatbelt Benefit $10,000 Airbag Benefit $5,000 Default Benefit $1,000 SPECIAL EDUCATION BENEFIT Surviving Dependent Child Benefit $5,000 Maximum Number of Annual Payments For Each Surviving Dependent Child 4 Default Benefit $1,000 SPOUSE RETRAINING BENEFIT Benefit $5,000 Item 7: Staff Report Pg. 71 Packet Pg. 320 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 VOLUNTARY ACCIDENTAL DEATH AND DISMEMBERMENT BENEFITS Employee Principal Sum: Voluntary Benefits match the Voluntary Life Benefits under policy numberFLX 962659. Only Employees covered forthe Voluntary Life can elect Voluntary AD&D. Changes in the CoveredPerson's amount ofinsuranceresulting from a change in the Employee's amount of Annual Compensation take effect, subjectto anyActive Service requirement, on the first day ofthe month following the change in Annual Compensation. SCHEDULE OF COVERED LOSSES Covered Loss Benefit Loss of Life 100% of the Principal Sum Loss of Two or More Hands or Feet 100% of the Principal Sum Loss of Sight of Both Eyes 100% of the Principal Sum Loss of One Hand or One Foot and Sight in One Eye 100% of the Principal Sum Loss of Speech and Hearing (in both ears) 100% of thePrincipal Sum Quadriplegia 100% of the Principal Sum Paraplegia 75% of the Principal Sum Hemiplegia 50% of the Principal Sum Uniplegia 25% of the Principal Sum Coma Monthly Benefit 1% of the Principal Sum Number of Monthly Benefits 11 Lump Sum Benefit 100% of the Principal Sum When Payable Beginning of the 12'hmonth Loss of One Hand or Foot 50% of the Principal Sum Loss of Sight in One Eye 50% of the Principal Sum Loss of Speech 50% of the Principal Sum Loss of Hearing (in both ears) 50% of the Principal Sum Loss of all Four Fingers of the Same Hand 25% of the Principal Sum Loss of Thumb and Index Finger of the Same Hand 25% of the Principal Sum Loss of all the Toes of the Same Foot 25% of the Principal Sum Age Reductions A Covered Person's Principal Sum will be reducedto the percentage ofhis Principal Sum in effect onthe date preceding the first reduction, as shown below. Age Percentage of Benefit Amount 70 but less than 75 65% 75 and over 50% ADDITIONAL ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGES Accidental Death andDismemberment benefits are providedunder the following coverages. Any benefits payable under them are as shown in the Schedule of Covered Losses and are not paid in addition to any other Accidental Death and Dismemberment benefits. EXPOSURE AND DISAPPEARANCE COVERAGE Principal Sum multiplied bythe percentage applicable to the Covered Loss, as shown in the Schedule of Covered Losses. Item 7: Staff Report Pg. 72 Packet Pg. 321 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 ADDITIONAL ACCIDENT BENEFITS Any benefits payable under these AdditionalAccidentBenefits efits shown below are paid in additionto to any other Accidental Death and Dismemberment benefits payable. CHILD CARE CENTER BENEFIT Benefit Amount $5,000 Maximum Benefit Period the earlier of 4 years oruntilthe child turns 13 for each surviving Dependent Child COMMON CARRIER BENEFIT 100% multiplied by the percentage of the Principal Sum applicable to the CoveredLoss, as shown in the Schedule of Covered Losses, subject to a maximum of$200,000 FELONIOUS ASSAULT AND VIOLENT CRIME BENEFIT Accidental Death and Dismemberment Benefit 50% multiplied by the percentage of the PrincipalSum applicable to the CoveredLoss, as shown in the Schedule of Covered Losses, subject to a maximum of $25,000 Hospital Stay Benefit $100 per day Maximum Benefit Period 365 days per Hospital Stay per Covered Accident SEATBELT AND AIRBAG BENEFIT Seatbelt Benefit $10,000 Airbag Benefit $5,000 Default Benefit $1,000 SPECIAL EDUCATION BENEFIT Surviving Dependent Child Benefit $5,000 Maximum Number of AnnualPayments For Each Surviving Dependent Child 4 Default Benefit $1,000 SPOUSE RETRAINING BENEFIT Benefit $5,000 INITIAL PREMIUM RATES Premium Rate: Basic Insurance Employee Rate: $0.02 per $1,000 Voluntary Insurance Employee Rate: $0.02 per $1,000 Mode of Premium Payment: Monthly Contributions: The cost of the coverage is paid by the Subscriber and the Employee Premium Due Dates: The Policy Effective Dateandthe fast day of each succeeding modal period Premium rates are subject to change in accordance with the Changes in Premium Rates section contained in the Administrative Provisions section ofthis Policy. GA -00-1 100.00 10 Item 7: Staff Report Pg. 73 Packet Pg. 322 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 SCHEDULE OF BENEFITS FOR CLASS 3 This Schedule ofBenefits shows maximums, benefit periods and any limitations applicable to benefits provided in this Policy for each Covered Person unless otherwise indicated. Principal Sum, when referred to in this Schedule, means the Employee's Principal Sum in effect on the date of the Covered Accident causing the Covered Injury or Covered Loss unless otherwise specified. Eligibility Waiting Period The Eligibility Waiting Period is the period of timethe Employee must be in a Covered Class to be eligible for coverage. For Employees hired on or before the Policy Effective Date: No Waiting Period For Employees hired after the Policy Effective Date: No Waiting Period Time Period for Loss: Any Covered Loss must occur within: 365 days of the Covered Accident Maximum Age for Insurance: None BASIC ACCIDENTAL DEATH AND DISMEMBERMENT BENEFITS Employee Principal Sum: 1 times Annual Compensation rouindedto the nexthigher $1,000 if not already a multiple thereof, subject to a maximum of $325,000. Changes in the CoveredPerson's amount ofinsuranceresulting from a change in the Employee's amount of Annual Compensation take effect, subj ectto anyActive Service requirement, on the first day ofthe month following the change in Annual Compensation. SCHEDULE OF COVERED LOSSES Covered Loss Benefit Loss of Life 100% of the PrincipalSum Loss of Two or More Hands or Feet 100% of the Principal Sum Loss of Sight of Both Eyes 100% of the Principal Sum Loss of One Hand or One Foot and Sight in One Eye 100% of the Principal Sum Loss of Speech and Hearing (in both ears) 100% ofthePrincipal Sum Quadriplegia 100% of the PrincipalSum Paraplegia 75% of the PrincipalSum Hemiplegia 50% of the PrincipalSum Uniplegia 25% of the PrincipalSum Coma Monthly Benefit 1% of the Principal Sum Numb er of Monthly Benefits 11 Lump Sum Benefit 100% of the Principal Sum When Payable Beginning of the 12"'month Loss of One Hand or Foot 50% of the PrincipalSum Loss of Sight in One Eye 50% of the PrincipalSum Loss of Speech 50% of the PrincipalSum Loss of Hearing (in both ears) 50% of the Principal Sum Loss of all Four Fingers of the Same Hand 25% of the Principal Sum Loss of Thumb and Index Finger of the Same Hand 25% of the Principal Sum Loss of all the Toes of the Same Foot 25% of the Principal Sum 11 Item 7: Staff Report Pg. 74 Packet Pg. 323 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Age Reductions A Covered Person's Principal Sumwill be reducedto the percentage ofhis Principal Sum in effect onthe date preceding the first reduction, as shown below. Age Percentage of Benefit Amount 70 but less than 75 65% 75 and over 50% ADDITIONAL ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGES Accidental Death andDismembeiment benefits are providedunder the following coverages. Any benefits payable under them are as shown in the Schedule of Covered Losses and are not paid in addition to any other Accidental Death and Dismemberment benefits. EXPOSURE AND DISAPPEARANCE COVERAGE Principal Sum multiplied bythe percentage applicable to the Covered Loss, as shown in the Schedule of Covered Losses. ADDITIONAL ACCIDENT BENEFITS Any benefits payable under these Additional AccidentBenefits shown below are paid in a ddition to any other Accidental Death and Dismemberment benefits payable. CHILD CARE CENTER BENEFIT Benefit Amount $5,000 Maximum Benefit Period the earlier of 4 years oruntilthe child turns 13 for each surviving Dependent Child COMMON CARRIER BENEFIT 100% multiplied by the percentage of the Principal Sum applicable to the CoveredLoss, as shownin the Schedule of Covered Losses, subject to a maximum of$200,000 FELONIOUS ASSAULT AND VIOLENT CRIME BENEFIT Accidental Death and Dismemberment Benefit 50% multiplied by the percentage of the Principal Sum applicable to the CoveredLoss, as shownin the Schedule of Covered Losses, subject to a maximum of $25,000 Hospital Stay Benefit $100 per day Maximum Benefit Period 365 days per Hospital Stay per Covered Accident SEATBELT AND AIRBAG BENEFIT Seatbelt Benefit $10,000 Airbag Benefit $5,000 Default Benefit $1,000 SPECIAL EDUCATION BENEFIT Surviving Dependent Child Benefit $5,000 Maximum Number of Annual Payments For Each Surviving Dependent Child 4 Default Benefit $1,000 SPOUSE RETRAINING BENEFIT Benefit $5,000 12 Item 7: Staff Report Pg. 75 Packet Pg. 324 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 VOLUNTARY ACCIDENTAL DEATH AND DISMEMBERMENT BENEFITS Employee Principal Sum: Voluntary Benefits match the Voluntary Life Benefits under policy numberFLX 962659. Only Employees covered forthe Voluntary Life can elect Voluntary AD&D. Changes in the CoveredPerson's amount ofinsuranceresulting from a change in the Employee's amount of Annual Compensation take effect, subjectto anyActive Service requirement, on the first day ofthe month following the change in Annual Compensation. SCHEDULE OF COVERED LOSSES Covered Loss Benefit Loss of Life 100% of the Principal Sum Loss of Two or More Hands or Feet 100% of the Principal Sum Loss of Sight of Both Eyes 100% of the Principal Sum Loss of One Hand or One Foot and Sight in One Eye 100% of the Principal Sum Loss of Speech and Hearing (in both ears) 100% of thePrincipal Sum Quadriplegia 100% of the Principal Sum Paraplegia 75% of the Principal Sum Hemiplegia 50% of the Principal Sum Uniplegia 25% of the Principal Sum Coma Monthly Benefit 1% of the Principal Sum Number of Monthly Benefits 11 Lump Sum Benefit 100% of the Principal Sum When Payable Beginning of the 12'hmonth Loss of One Hand or Foot 50% of the Principal Sum Loss of Sight in One Eye 50% of the Principal Sum Loss of Speech 50% of the Principal Sum Loss of Hearing (in both ears) 50% of the Principal Sum Loss of all Four Fingers of the Same Hand 25% of the Principal Sum Loss of Thumb and Index Finger of the Same Hand 25% of the Principal Sum Loss of all the Toes of the Same Foot 25% of the Principal Sum Age Reductions A Covered Person's Principal Sum will be reducedto the percentage ofhis Principal Sum in effect onthe date preceding the first reduction, as shown below. Age Percentage of Benefit Amount 70 but less than 75 65% 75 and over 50% ADDITIONAL ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGES Accidental Death andDismemberment benefits are providedunder the following coverages. Any benefits payable under them are as shown in the Schedule of Covered Losses and are not paid in addition to any other Accidental Death and Dismemberment benefits. EXPOSURE AND DISAPPEARANCE COVERAGE Principal Sum multiplied bythe percentage applicable to the Covered Loss, as shown in the Schedule of Covered Losses. 13 Item 7: Staff Report Pg. 76 Packet Pg. 325 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 ADDITIONAL ACCIDENT BENEFITS Any benefits payable under these AdditionalAccidentBenefits efits shown below are paid in additionto to any other Accidental Death and Dismemberment benefits payable. CHILD CARE CENTER BENEFIT Benefit Amount $5,000 Maximum Benefit Period the earlier of 4 years oruntilthe child turns 13 for each surviving Dependent Child COMMON CARRIER BENEFIT 100% multiplied by the percentage of the Principal Sum applicable to the CoveredLoss, as shown in the Schedule of Covered Losses, subject to a maximum of$200,000 FELONIOUS ASSAULT AND VIOLENT CRIME BENEFIT Accidental Death and Dismemberment Benefit 50% multiplied by the percentage of the PrincipalSum applicable to the CoveredLoss, as shown in the Schedule of Covered Losses, subject to a maximum of $25,000 Hospital Stay Benefit $100 per day Maximum Benefit Period 365 days per Hospital Stay per Covered Accident SEATBELT AND AIRBAG BENEFIT Seatbelt Benefit $10,000 Airbag Benefit $5,000 Default Benefit $1,000 SPECIAL EDUCATION BENEFIT Surviving Dependent Child Benefit $5,000 Maximum Number of AnnualPayments For Each Surviving Dependent Child 4 Default Benefit $1,000 SPOUSE RETRAINING BENEFIT Benefit $5,000 INITIAL PREMIUM RATES Premium Rate: Basic Insurance Employee Rate: $0.02 per $1,000 Voluntary Insurance Employee Rate: $0.02 per $1,000 Mode of Premium Payment: Monthly Contributions: The cost of the coverage is paid by the Subscriber and the Employee Premium Due Dates: The Policy Effective Dateandthe fast day of each succeeding modal period Premium rates are subject to change in accordance with the Changes in Premium Rates section contained in the Administrative Provisions section ofthis Policy. GA -00-1 100.00 14 Item 7: Staff Report Pg. 77 Packet Pg. 326 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 GENERAL DEFINITIONS Please note that certain words used in this Policy have specific meanings. The words definedbelow and capitalized within the text of this Policy have the meanings set forth below. Active Service An Employee willbe considered in Active Service with his employer on any day that is either of the following: 1. one of the Employer's scheduled work days on which the Employee is performing his regular duties on a full-time basis, either at one of the Employer's usualplaces of business orat some otherlocation to whichthe Employer's business requires the Employee to travel; 2. a scheduled holiday, vacation day orperiod of Employerapproved paid leave of absence, other than sick leave, only if the Employee was in Active Service on the preceding scheduledworkday. Age A Covered Person's Age, forpurposes of initialpremium calculations, ishis Age attained on the date coverage becomes effective for him under this Policy. Thereafter, it is his Age attained on his last birthday. Aircraft A vehicle which: 1. has a valid certificate of airworthiness; and 2. is being flown by a pilot with a valid license to operate the Aircraft. Annual Compensation An Employee's annualearnings for normal work established by the Subscriberfor his job classification, including commissions averaged over 12 months, excluding bonuses or overtime. Covered Accident A sudden,unforeseeable,externaleventthatresults, directly and independently of all othercauses, in a CoveredInjury orCoveredLoss andmeets all of the following conditions: 1. occurs while the Covered Person is insured under thisPolicy; 2. is not contributed to by disease, Sickness, mental or bodilyinfirmity; 3. is not otherwise excluded under the terms of thisPolicy. Covered Injury Any bodily harm that results directly and independently of all other causes from a Covered Accident. Covered Loss A loss that is all of the following: 1. the result, directly and independently ofall other causes, of a Covered Accident; 2. one of the Covered Losses specified in the Schedule of Covered Losses; 3. sufferedby the Covered Person within the applicable time period specifiedin the Schedule ofBenefits. Covered Person An eligible person, as defined in the Schedule ofBenefits, for whom an enrollment form has been accepted byUs and requiredpremium has beenpaid when due and for whom coverage under this Policy remains in force. Employee For eligibility purposes, an Employee ofthe Employerwho is in oneof the Covered Classes. Employer The Subscriberand any affiliates, subsidiaries or divisions shown in the Schedule of Covered Affiliates and which are covered under this Policy on the date of issue or subsequently agreed to by Us. He, His, Him Refers to any individual, male orfemale. 15 Item 7: Staff Report Pg. 78 Packet Pg. 327 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Hospital An institution that meets all of the following: 1. it is licensed as a Hospital pursuant to applicable law; 2. it is primarily and continuously engaged in providing medical care and treatment to sick and injured persons; 3. it is managed under the supervision of a staff of medicaldoctors; 4. it provides 24 -hour nursing services by orunderthe supervision ofa graduate registered nurse (R.N.); 5. it has medical, diagnostic and treatment facilities, with major surgical facilities on its premises, or available on a prearrangedbasis; 6. it charges for its services. The term Hospital does not include a clinic, facility, or unit of a Hospital for: 1. rehabilitation, convalescent, custodial, educational ornursing care; 2. the aged, drug addicts oralcoholics; 3. a Veteran's Administration Hospital or Federal GovernmentHospitalunless the Covered Person incurs an expense. Inpatient A Covered Person who is confined for at least one full day's Hospitalroom and board. The requirement that a person be charged for room and board does not apply to confinement in a Veteran's Administration Hospital or Federal Government Hospital and in such case, the term 'Inpatient' shall m can a Covered Person who is required to be confined for a period of at least a full day as determined by the Hospital. Nurse A licensed graduate RegisteredNurse (R.N.), a licensedpracticalNurse (L.P.N.) or a licensed vocational Nurse (L.V.N.) and who isnot: 1. employed or retained by the Subscriber; 2. living in the Covered Person's household; or 3. a parent, sibling, spouse or child of the Covered Person. Outpatient A Covered Person who receives treatment, services and supplies while not an Inpatient in a Hospital. Prior Plan The plan of insurance providing similar benefits, sponsored by the Employer in effect immediately prior to this Policy's EffectiveDate. Physician A licensed health care provider practicing within the scope of his license and rendering care andtreatmentto a CoveredPerson thatis appropriate for the condition and locality and who is not: 1. employed or retained by the Subscriber; 2. living in the Covered Person's household; 3. a parent, sibling, spouse or child of the Covered Person. Sickness A physical or mental illness. Subscriber Any participating organization that subscribesto thetrustto which this Policy is issued. Terrorist Act Any hostile or violent act carried out by a group of persons having political or military goals butnotoperating on behalf ofa foreign state andwhosepurpose is to compel an act or omission by any other person or governmental entity. 16 Item 7: Staff Report Pg. 79 Packet Pg. 328 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Totally Disabled or Totally Disabled or Total Disability meanseither: Total Disability 1. inability of the Covered Person who is currently employed to do any typeof work forwhich he is ormay become qualifiedby reason ofeducation, training or experience; or 2. inability of the Covered Person who is not currently employedtoperform all of the activities of daily living including eating, transferring, dressing, toileting, bathing, and continence, without human supervision or assistance. We, Us, Our Life Insurance Companyof North America. GA -00-1200.00 17 Item 7: Staff Report Pg. 80 Packet Pg. 329 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 ELIGIBILITY AND EFFECTIVE DATE PROVISIONS Subscriber Effective Date Accident Insurance Benefits become effective for each Subscriber in consideration of the Subscriber's application, SubscriptionAgreement andpayment of the initial premium when due. Insurance coverage for the Subscriber becomes effective on the Effective Date of Subscriber Participation. Eligibility An Employeebecomes eligible for insurance under this Policy on thedatehe meets all of the requirements of one ofthe Covered Classes and completes any Eligibility Waiting Period, as shown in the Schedule of Benefits. Effective Date for Individuals Basic Accidental Death and Dismemberment Benefits Insurance becomes effective foran eligible Employee, subjectto the Deferred EffectiveDate provision below, on the latest of the following dates: 1. the effective date of this Policy; 2. the date the Employee becomes eligible. Voluntary Accidental Death and Dismemberment Benefits Insurance becomes effective foran eligible Employeewho applies and agrees to make required contributions within 31 days of eligibility, and subjectto theDeferred Effective Date provision below, on the latest of the following dates: 1. the effective date of this Policy; 2. the date the Employee becomes eligible; 3. the date We receivethe Employee's completed enrollment form andthe required fast premium, during his lifetime. DEFERRED EFFECTIVE DATE Active Service The effectivedate of insurance willbe deferred for anyEmployee who is not in Active Service on the date coverage would otherwise become effective. Coverage willbecome effective on the laterof thedate he returns to Active Service and the date coverage would otherwise have become effective. Effective Date of Changes Any increase or decrease in the amount of insurance for the Covered Person resulting from: 1. a change in benefits provided by this Policy; or 2. a change in the Employee's Covered Class will take effect on the date of such change. Increases will take effect subject to any Active Service requirement. TERMINATION OF INSURANCE The insurance on a Covered Person will end on the earliest date below: 1. the date this Policy or insurance for a Covered Class is terminated; 2. the next premium due date after the date the Covered Person is no longer in a CoveredClassor satisfies eligibility requirements under this Policy; 3. the last day of the last period for which premium ispaid; 4. the next premium due date after the Covered Person attains the maximum Age for insurance under this Policy. Termination will not affecta claim fora Covered Loss orCoveredlnjury that is the result, directly and independently of al other causes, of a Covered Accident that occurs while coverage was in effect. Continuation for Layoff, Leave of Absence or Family Medical Leave Insurance foran Employee may be continued until the earliest of the following dates if: (a) an Employee is on a temporary layoff, an Employer approved leave of absence oran Employer approved family medical leave; and (b) required premium contributions are paid when due. 1. for a layoff: coverage continues through the end of the month in which the layoff begins; 2. foran Employer -approved leaveof absence: coverage continues throughthe end ofthe month in which the leave begins; 3. foran Employer -approved family medical leave: 12 weeks in a consecutive 12-monthperiod. GA -00-1300.00 18 Item 7: Staff Report Pg. 81 Packet Pg. 330 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 COMMON EXCLUSIONS In addition to any benefit -specific exclusions, benefits will not be paidforany Covered Injury or Covered Loss which, directly or indirectly, in whole orin part, is causedby orresults from any ofthe following unless coverage is specifically provided for by name in the Description of Benefits Section: 1. intentionally self-inflicted injury, suicide or any attempt thereat while sane or insane; 2. commission or attempt to commit a felony or an assault; 3. commission of or active participation in a riot, insurrection or Terrorist Act; 4. bungee jumping; parachuting; skydiving; parasailing;hang-gliding; 5. declared or undeclared war or act ofwar; 6. flight in, boarding or alighting from an Aircraft or any craft designed to fly above the Earth's surface: a. except as a passenger on a regularly scheduled commercialairline; b. being flown by the Covered Person or in which the Covered Person is a member of the crew; c. being used for: i. crop dusting, spraying or seeding, giving and receiving flying instruction, fire fighting, sky writing, sky diving orhang-gliding, pipeline orpowerline inspection, aerial photography or exploration, racing, endurance tests, stunt or acrobatic flying; or ii. any operation thatrequires a specialpermit fromthe FAA, even if it is granted (this does not apply if the permit is required only because of the territory flown over or landed on); d. designed for flight above or beyond the earth's atmosphere; e. an ultra -light or glider; f. being used for the purpose of parachuting orskydiving; g. beingusedby any military authority, except an Aircra ftusedbythe Air Mobility Commandorits foreign equivalent; 7. Sickness,disease, bodily or mentalinfirmity,bacterialorviralinfectionormedicalorsurgicaltreatmentthereof, except for any bacterial infection resulting from an accidental external cut or wound or accidental ingestion of contaminated food; 8. travelin any Aircraft owned, leased or controlled by the Subscriber, or any of its subsidiaries or affiliates. An Aircraft will be deemed to be "controlled" by the Subscriber if the Aircraft maybe used as the Subscriber wishes for more than 10 straight days, or more than 15 days in anyyear; 9. a Covered Accident that occurs while engaged in the activities of active duty service in the military, navyor air force of any country or international organization. Covered Accidents that occur while engaged in Reserve or National Guard training are not excluded until training extends beyond 31 days; 10. operating any type of vehicle while under the influence of alcohol or any drug, narcotic or other intoxicant including any prescribed drug for which the CoveredPersonhas been provided a writtenwarning against operating a vehicle while taking it. Under the influence of alcohol, forpurposes of this exclusion, means intoxicated, as defined by the law of the state in which the Covered Accidentoccurred; 11. voluntary ingestion of any narcotic, drug, poison, gas or fumes, unless prescribed ortakenunder the direction of a Physician and taken in accordance with the prescribed dosage; 12. in addition, benefits will not be paid for services ortreatmentrenderedby a Physician, Nurse oranyotherperson who is: a. employed or retained by the Subscriber; b. providing homeopathic, aroma -therapeutic orherbal therapeutic services; c. living in the Covered Person's household; d. a parent, sibling, spouse or child of the Covered Person. GA -00-1403.00 19 Item 7: Staff Report Pg. 82 Packet Pg. 331 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 CONVERSION PRIVILEGE If the Covered Person's insurance or any portion of it ends for any of the followingreasons: a. employment or membership ends; b. eligibility ends (except forage for the Employee); the Covered Person may have Us issue converted accident insurance on an individual policy or an individual certificate under a designated group policy. The Covered Person may apply for an amount of coverage that is: a. in $1,000 increments; b. not less than $25,000, regardless of the amount of insurance under the group policy; and c. not more than the amount of insurance he had under the group policy, except as provided above, up to a maximum amount of $250,000. The Covered Person must be under age 70 to get a converted policy. If the CoveredPerson's insurance oranyportionof it ends for non-payment of premium, he may not convert. If the Covered Person's insurance ends for a reason described in 2. below, conversion is subject to that section. The converted policy or certificate will coveraccidental ccidentat death and dismemberment. The policy or certificate will not contain disability or other additional benefits. The Covered Person need not show Us that he is insurable. If the Covered Person has converted his group coverage andlaterbecomes insuredunderthe same group plan as before, he may not converta second time unless he provides, at his own expense, proofof insurability orproofthe prior converted policy is no longer in force. The Covered Person must apply forthe individualpolicy within 31 days afterhis coverage under this Group Policy ends andpaythe required premium, based on Ourtable of rates for such policies, his Age and class of risk. If the CoveredPerson has assigned ownership ofhis group coverage, the owner/assignee must apply for the individual policy. If the CoveredPerson suffers a Covered Lossordies during this 31-dayperiodas the result ofan accident that would have beencoveredunderthis Group Policy, We will pay as a claim underthis Group Policy the amount of insurance that the Covered Person was entitled to convert. It does not matter whether the Covered Person applied for the individualpolicy or certificate. If suchpolicy or certificate is issued, it will be in exchange for any other benefits under this Group Policy. The individualpolicy or certificate will take effect on the day following the date coverage under the Group Policy ended; or, if later, the date application is made. Exclusions The converted policy may exclude the hazards or conditions that apply to the Covered Person's group coverage at the time it ends. We will reduce payment under the converted policy by the amount of any benefits paid under the group policy if both cover the same loss. If the CoveredPerson's insurance ends becausethis Group Policy is terminated oris amended to terminate insurance forthe Covered Person's class, andhe has been covered under this Group Policy or, any group accident insurance issued to the Employer which the Group Policy replaced, for at least five years, the Covered Person may haveUs issue an individualpolicy or certificate ofaccident insurance subject to the same terms, conditions and limitations listed above. However, the amount he may apply for will be limited to the lesser of the following: a. coverage under this Group Policy less any amount ofgroup accident insurance for which he is eligible on the date this Group Policy is terminated or for which he became eligible within 31 days of such termination, or b. $10,000. 20 Item 7: Staff Report Pg. 83 Packet Pg. 332 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Extension of Conversion Period If the CoveredPerson is eligible to convert andis not notified ofthis right at least 15 days prior to the end of the 31 day conversion period, the conversion period willbe extended. The CoveredPerson willhave 15 days from the date notice is given to apply fora convertedpolicy orcertificate. In no event will the conversion period be extended beyond 90 days. Notice, for the purpose of this section, means written notice presentedto the Covered Personby the Subscriber ormailed to the Covered Person's last known address as reported by the Subscriber. If the Covered Person sustains a Covered Loss or dies during the extended conversionperiod, but more than 31 days after his coverage underthe Group Policy terminates, benefits will not be paid under the Group Policy. If the Covered Person's application for a convertedpolicy orcertificate is received by Us andthe requiredpremium is paid, benefits maybe payable under the converted policy or certificate. GA -01-1505.00 Item 7: Staff Report Pg. 84 Packet Pg. 333 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 CLAIM PROVISIONS Notice of Claim Written or authorized electronic/telephonic noticeof claim mustbe given to Us within 31 days after a Covered Loss occurs or begins oras soon as reasonably possible. If written or authorized electronic/telephonic notice is not given in that time, the claim will not be invalidated orreduced if it is shown that written orauthorized electronic/telephonic notice was given as soon as was reasonably possible. Notice can be given to Us at Our Home Office in Philadelphia, Pennsylvania, such otherplaceas We may designate forthepurpose, orto Our authorized agent. Notice should includethe Subscriber's name and policy number and the Covered Person's name, address, policy and certificate number. Claim Forms We will send claim forms for filingproofof loss when We receive notice of a claim. If such forms are not sent within 15 days after We receive notice, the proofrequirementswill be met by submitting, within the time fixed in this Policy for filing proof of loss, written or authorized electronic proofof the nature and extent of the loss forwhich the claim is made. Claimant Cooperation Provision Failure of a claimant to cooperate with Us in the administration of the claim may result in termination of the claim. Such cooperation includes, but is not limited to, prnvidingany information or documents needed to determine whether benefits are payable or the actual benefit amount due. Proof of Loss Written or authorized electronic proofof loss satisfactoryto Us mustbe given to Us at Our office, within 90 days of the loss forwhich claim is made. If (a)benefits are payable as periodic payments and (b) each payment is contingent upon continuing loss, then proofof loss must be submittedwithin 90 days after the terminationofeachperiod forwhich We are liable. If written or authorized electronic notice is not given within that time, no claim willbe invalidated or reduced if it is shown that such noticewas given as soonas reasonably possible. In any case, written or authorized electronic proof must be given not more than one yearafterthe time it is otherwise required, except if proof is not given solely dueto the lack of legal capacity. Time of Payment of Claims We will pay benefits due under this Policy for any loss other than a loss for which this Policy provides any periodic payment immediately uponreceipt of due written or authorized electronic proof of such loss. Subject to due written or authorized electronic proofof loss, allaccruedbenefits for loss for which this Policy provides periodic payment will be paid monthlyunless otherwise specified in the benefits descriptions andany balance remainingunpaid at theterminationof liability will be paid immediately upon receipt of proof satisfactory to Us. Payment of Claims All benefits will be paid in United States currency. Benefits for loss of life will be payable in accordance with the Beneficiaryprovision andthese Claim Provisions. All otherproceeds payable underthis Policy, unless otherwise stated, will be payable to the covered Employee or to his estate. If We are to paybenefits to theestate orto a personwho is incapable of giving a valid release, We may pay $1,000 to a relative by blood ormarriage whom We believe is equitably entitled. Anypayment made by Us in good faith pursuant to this provision will fully discharge Us to the extent of such payment and release Us from all liability. Payment of Claims to Foreign Employees The Subscriber may, in a fiduciary capacity, receive andhold any benefits payable to covered Employees whoseplace of employment is other than the United States of America. We will not be responsible for the application ordispositionbytheSubscriberofany such benefits paid. Our payments to the Subscriber will constitute a full discharge of Our liability for those payments under this Policy. Physical Examination and Autopsy We, at Ourown expense, havethe right and opportunity to examinethe CoveredPersonwhenand as oftenas We may reasonably require while a claim is pendingandto make anautopsyin case ofdeathwhere it is not forbidden by law. 22 Item 7: Staff Report Pg. 85 Packet Pg. 334 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Legal Actions No action atlaw or in equity may be brought to recover under this Policy less than 60 days after written or authorized electronic proof ofloss has been furnished as required bythis Policy. No such actionwill be brought more than three years after the time such written proof of loss must be furnished. Beneficiary The beneficiary is the personorpersons the Employee names or changes on a form executedby him and satisfactory to Us. This form may be in writing or by any electronic means agreed upon between Us and the Subscriber. Consent of the beneficiary is not required to affect any changes, unless the beneficiary has been designatedas anirrevocable beneficiary, or to make any assignment of rights or benefits permitted by this Policy. A beneficiarydesignation orchange will become effective onthe date the Employee executes it. However, We will not be liable for any action taken or payment made before We record notice of the change at our Home Office. If more than one person is named as beneficiary, the interests ofeachwill be equalunless the Employeehas specified otherwise. The share ofany beneficiary who does not survive the Covered Person willpass equally to any surviving beneficiaries unless otherwise specified. If there is no namedbeneficiary or survivingbeneficiary, or if the Employee dies while benefits are payable to him, We may make direct payment to the first surviving class of the following classes of persons: 1. spouse; 2. child orchildren; 3. mother or father; 4. sisters or brothers; 5. estate of the Covered Person. Recovery of Overpayment If benefits are overpaid, We have the right to recover the amount overpaid by either of the following methods. 1. A request for lump sum payment of the overpaid amount. 2. A reduction of any amounts payable under thisPolicy. If there is an overpayment due when the Covered Person dies, We may recover the overpayment from the Covered Person's estate. GA -00-1600.00 23 Item 7: Staff Report Pg. 86 Packet Pg. 335 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 ADMINISTRATIVE PROVISIONS Premiums All premiumrates are expressed in, andallpremiums are payable in, United States currency. The premiums for this Policy will be basedon the rates set forth in the Schedule ofBenefits, the plan and amounts of insurance in effect. If a Covered Person's insurance amounts are reduced due to age, premium willbe based onthe amounts of insurance in force on theday after the reduction took place. Changes in Premium Rates We may change the premium rates fromtime e to time with at lea st 31 days advancewritten written notice to the Subscriber. No change in rates will be made unti148 months afterthe Policy Effective Date. An increase in rates willnot be made more often than once in a 12-monthperiod. However, We reserve the right to change rates at anytimeif any of the following events take place: 1. the terms of this Policy change; 2. the terms of the Subscriber's participation change; 3. a division, subsidiary, affiliated company or eligible class is added or deleted from this Policy; 4. there is a change in the factors bearing on the riskassumed; 5. any federal or state law or regulation is amended to the extent it affects Our benefit obligation. Payment of Premium The first premium is due on the Subscriber's effective date of participation under this Policy. Thereafter, premiums are due on the Premium Due Dates agreed upon between Us and the Subscriber. If any premium is not paid when due, the Subscriber's participationunderthis Policy will be terminatedas of thePremium Due Date on whichpremium was notpaid. Grace Period A Grace Period of 60 days will be granted to each Subscriber for payment of required premiums under this Policy. A Subscriber's participation under this Policy will remain in effect during the Grace Period. The Subscriber is liable to Us for any unpaid premium for the time its participation under this Policy was in force. A Grace Period of 60 days will be granted for payment of required premiums under this Policy. A Covered Person's insurance underthis Policy will remain in force during the Grace Period. We will reduce any benefits payable for any claims incurred duringthe grace periodby the amount ofpremium due. If no such claims are incurred and premium is not paid during the grace period, insurance will end on the last day of the period for which premiums were paid. GA -00-1701.00 24 Item 7: Staff Report Pg. 87 Packet Pg. 336 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 GENERAL PROVISIONS Entire Contract; Changes This Policy, includingthe endorsements, amendments and any attached papers constitutes the entire contractof insurance. No change in this Policy will be valid until approved by one of Our executive officers and endorsedon orattached to this Policy. No agent has authority to change this Policy or to waive any of its provisions. Subscriber Participation Under This Policy An organization may electto participate underthis Policy by submitting a signed Subscnberparticipationagreement to the Policyholder. No participation by an organization is in effect until approved by Us. Misstatement of Fact If the Covered Person has misstated any fact, allamounts payable underthis Policy will be such as the premiumpaid would have purchased had such fact been correctly stated. Certificates Where required by law, We will provide a certificateof insurance for delivery to the Covered Person. Each certificate will list the benefits, conditions and limits of this Policy. It will state to whom benefits will be paid. 30 Day Right To Examine Certificate If a Covered Person does not like the Certificate foranyreason, it maybe returned to Us within 30 days after receipt. We will return any premium that has been paid and the Certificate will be void as if it had never been issued. Multiple Certificates The Covered Person may have in forceonly one certificate at a time underthis Policy. If at any time the Covered Person has been issuedmore thanone certificate, thenonly the largest shallbe in effect. We will refund premiums paid for the others for any period of time that more than one certificate was issued. Assignment We will beboundbyanassignmentofaCoveredPerson'sinsuranceunderthisPolicyonlywhentheoriginalassignmentor a certified copy ofthe assignment, signed by the Covered Person and any irrevocable beneficiary, is filed with Us. The assignee may exercise allrights and receive allbenefits assignedonly while the assignmentremains in effectand insurance under this Policy and the Covered Person's certificate remains in force. Incontestability 1. Of This Policy or Participation Under ThisPolicy All statements madeby the Subscriber to obtain this Policy orto participate underthis Policy are consideredrepresentations and notwarranties. No statement will be used to deny orreduce benefits orbe used as a defense to a claim, or to deny the validity of this Policy orof participationunderthis Policy unless a copy ofthe instrument containing the statement is, or has been, furnished to the Subscriber. Aftertwo years from the Policy Effective Date, no such statement will cause this Policy to be contested except for fraud. 2. Of A Covered Person's Insurance All statements made by a Covered Person are considered representations and not warranties. No statement will be used to deny or reduce benefits orbe used as a defense to a claim, unless a copy of the instrument containing the statement is, or has been, furnished to the claimant. Aftertwo years from the Covered Person's effective date of insurance, orfromthe effective date ofincreased benefits, no such statement will cause insurance ortheincreased benefits to be contested except for fraud or lack of eligibility for insurance. In the event of death or incapacity, the beneficiary or representative shall be given a copy. 25 Item 7: Staff Report Pg. 88 Packet Pg. 337 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Policy Termination We may tenninate coverage on or after the first anniversary of the policy effective date. The Subscriber may terminate coverage on any premium due date. Written or authorized electronic notice must be given at least 31 days prior to such premium due date. Terminationwill not affecta a claim fora Covered Loss that is the result, directly and independently of a ll other causes, of a Covered Accident that occurs while coverage was in effect. Reinstatement This Policy may be reinstated if it lapsed for nonpayment of premium. Requirements for reinstatement are written application of the Subscriber satisfactory to Us and payment of all overdue premiums. Any premium accepted in connection with a reinstatement will be applied to a period for which premium was not previously paid. Clerical Error A Covered Person's insurance willnot be affected by erroror delay in keeping records of insurance under this Policy. If such error or delay is found, We will adjust the premium fairly. Conformity with Statutes Any provisions in conflict with the requirements of any state or federal lawthatapply to this Policy are automatically changed to satisfy the minimum requirements of such laws. Policy Changes We may agree with the Subscriber to modify a plan of benefits without the Covered Person's consent. Workers' Compensation Insurance This Policy is not in place of and does not affect anyrequirements for coverage under any Workers' Compensation law. Examination of the Policy This Group Policy will be available for inspection at the Subscriber's office during regular business hours. Examination of Records We will be permittedto examine all of the Subscriber's records relating to this Group Policy. Examination may occur at any reasonable time while the Group Policy is in force; or it may occur: 1. at any time for two years after the expiration of this Group Policy; or, if later, 2. upon the final adjustment and settlement of all Group Policyclaims. The Subscriber is acting as an agent ofthe Covered Person fortransactions ctions relating to this insurance. The actions of the Subscriber will not be considered Our actions. GA -00-1800.00 26 Item 7: Staff Report Pg. 89 Packet Pg. 338 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 DESCRIPTION OF COVERAGES AND BENEFITS ThisDescription of Coverages andBenefits Section describes the Accident Coverages and Benefits provided to You. Benefit amounts, benefit periods and any applicable aggregate and benefit maximums are shown in the Schedule of Benefits. Certain words capitalized in the text of these descriptions have special meanings within this Certificate and are defined in the General Definitions section. Please read these and the Common Exclusions sections in order to understand all of the terms, conditions and limitations applicable to these coverages and benefits. ACCIDENTAL DEATH AND DISMEMBERMENT BENEFITS Covered Loss We will pay the benefit for anyoneof the Covered Losses listed in the Schedule of Benefits, if the Covered Person suffers a Covered Loss resulting directly and independently of a II other causes from a Covered Accident within the applicable time period specified in the Schedule ofBenefits. If the Covered Person sustains more than one CoveredLoss as a result of the same Covered Accident, benefits willbe paid forthe CoveredLoss forwhich the largest available benefit is payable. If the loss results in death, benefits will only be paid under the Loss of Life benefit provision. Any Loss of Life benefit willbe reduced by any paidorpayable Accidental Dismemberment benefit. However, if such Accidental Dismemberment benefit equals orexceeds theLoss ofLife benefit, no additionalbenefit will be paid. Definitions Loss of a Hand or Foot means complete Severance through or above the wrist or ankle joint. Loss of Sightmeans thetotal, permanent loss of allvision in one eye which is irrecoverable bynatural, surgical or artificial means. Loss of Speech means total andpermanent loss of audible communicationwhich is irrecoverable by natural, surgical or artificial means. Loss of Hearing means total andpermanentloss of ability to hear any sound in both ears which is irrecoverable by natural, surgical or artificial means. Loss of a Thumb and Index Finger of the Same Hand or Four Fingers of the Same Hand means complete Severance through or above themetacarpophalangeal joints of the same hand (the joints between the fingers and the hand). Loss of Toes means complete Severance through the metatarsalphalangealjoint. Paralysis or Paralyzed means total loss of use of a limb. A Physician mustdetemvnethe loss of use to be complete and irreversible. Quadriplegia means total Paralysis of both upper and both lower limbs. Hemiplegia means total Paralysis of the upper and lower limbs on one side of the body. Paraplegia means total Paralysis of both lower limbs or both upper limbs. Uniplegia means total Paralysis of one upper or one lower limb. Coma means a profound state ofunconsciousness which resulted directly and independently from all othercauses froma CoveredAccident, and from which the Covered Person is not likely to be aroused through powerful stimulation. This conditionmust be diagnosed and treated regularly by a Physician. Coma does notmean any state ofunconsciousness intentionally induced duringthe courseof treatmentof a Coveredlnjury unless the state of unconsciousness results from the administration of anesthesia in preparation for surgical treatment of that Covered Accident. Severancemeans the complete and permanent separation and dismemberment of the part from the body. Exclusions The exclusions that apply to this benefit are in the CommonExclusions section. GA -00-2100.00 27 Item 7: Staff Report Pg. 90 Packet Pg. 339 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 ADDITIONAL ACCIDENTAL DEATH AND DISMEMBERMENT COVERAGES Accidental Death and Dismemberment benefits are providedunderthe following coverages. Any benefits payable under them are shownin the Schedule of CoveredLosses and will not be paid in addition to any other Accidental Death and Dismemberment benefits payable. EXPOSURE AND DISAPPEARANCE COVERAGE Benefits for Accidental Death and Dismemberment, as shown in the Schedule of Covered Losses, will be payable if a Covered Person suffers a Covered Loss which results directly and independently of all other causes from unavoidable exposure to the elements following a Covered Accident. If the Covered Person disappears and is not foundwithin one year from the date of the wrecking, sinking or disappearance of the conveyance in which the CoveredPerson was riding in the course of a trip which would otherwise be covered under this Policy, it will be presumed that the Covered Person's death resulted directly and independently of all other causes from a Covered Accident. Exclusions The exclusions that apply to this coverage are in the Common Exclusions Section. GA -00-2202.00 ADDITIONAL ACCIDENT BENEFITS Accidental Death a nd Dism embeiment benefits are provided under the followingAdditional l Benefits. Any benefits payable underthem willbe paid in addition to any other Accidental Death and Dismemberment benefit payable. CHILD CARE CENTER BENEFIT We will pay benefits shown in the Schedule ofBenefits for the care of each surviving Dependent Child in a Child Care Center if death of the covered Employee results directly and independently of all other causes from a Covered Accident and all of the following conditions are met: 1. coverage forhis Dependent Children was in force on the date of the Covered Accident causing his death; and 2. one or more surviving Dependent Children is under Age 13 and: a. was enrolled in a Child Care Center on the date of the Covered Accident; or b. enrolls in a Child Care Center within 90 days from the date of the Covered Accident. This benefit will be payable to the Surviving Spouse if the Spouse has custody ofthe child. If the Surviving Spouse does not have custody ofthe child, benefits willbe paid to the child's legally appointed guardian. Payments willbe madeat the end of each 12 monthperiodthatbegins afterthe the date ofthe covered Employee's death. A claim must be submitted to Us at the end of each 12 month period. A 12 month period begins: 1. when the Dependent Child enters a Child Care Center forthe first time, within the period specifiedin (2b) above, after the covered Employee's death; or 2. on the first of the month following the covered Employee's death, if the Dependent Child was enrolled in a Child Care Center before the covered Employee's death. Each succeeding 12 month period begins on the day immediately following the last day of the preceding period. Pro rata payments will be made for periods of enrollment in a Child Care Center of less than 12 months. Definitions For purposes of this benefit: Child Care Center is a facility which: 1. is licensed and run according to laws and regulations applicable to child care facilities; and 2. provides care and supervision for children in a group setting on a regular, daily basis. A Child Care Center does not include any of thefollowing: 1. a Hospital; 2. the child's home; 3. care provided during normal school hours while a child is attending grades one throughtwelve. Exclusions The exclusions thatapply to this benefit are in the CommonExclusions Section. GA -00-2222.00 28 Item 7: Staff Report Pg. 91 Packet Pg. 340 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 COMMON CARRIER BENEFIT We will pay the benefit shown in the Schedule ofBenefits if the Covered Person suffers a CoveredLoss that results directly and independently of all other causes from a CoveredAccident that occurs while riding as a fare -paying passenger in, or being struck by, a Common Carrier. Riding includes getting into and out of the Common Carrier. Definition For purposes of this benefit: Common Carrier means: a public conveyance, including Aircraft, licensed for hire to carry fare -paying passengers; or a transport Aircraft operatedby the Air Mobility Command of the United States of America or a similar air transport service of anothercountry. Exclusions The exclusions that apply to this benefit are in the CommonExclusions Section. GA -00-2225.00 FELONIOUS ASSAULT AND VIOLENT CRIME BENEFIT We will pay the amountshownin the Schedule ofBenefits, subject to the following conditions and exclusions, when the Covered Employee suffers a Covered Loss resulting directly and independently ofall ll other causes from a Covered Accident that occurs during a violent crimeor felonious assault as describedbelow. Apolice report detailingthe felonious assault or violent crime must be provided before any benefits will be paid. The Covered Accident must occur while the Covered Person is on the business or premises of the Employer. To qualify for benefit payment, the Covered Accident must occur during any of the following: actual or attempted robbery or holdup; actual or attempted kidnapping; any othertype of intentional assault that is a crime classified as a felonyby the governing statute or common law in the state where the felony occurred. We will pay a Hospital Stay Benefit, subject to the following conditions and exclusions, when the Covered Person suffers a Covered Loss resulting directly and independently of all other causes from a Covered Accident that occurs during a violent crime or felonious assault if all of the following conditions are met: 1. the Covered Person is covered for Hospital Stay benefits under this Policy; 2. the Hospital Stay begins within 30 days of the violent crime/felonious assault; 3. the Hospital Stay is at the direction and under the care of a Physician; 4. the Covered Personprovides proofsatisfactoryto Us that his Hospital Staywas necessitatedto treat Covered Injuries sustained in a Covered Accident caused solely by a violent crime or felonious assault; 5. the Hospital Stay begins while the Covered Person's insurance is ineffect. The benefit will be paid for each day of a continuous Hospital Stay. Definitions For purposes of this benefit: Family Member means the Covered Person's parent, step-parent, Spouse or former Spouse, son, daughter, brother, sister, mother-in-law, father-in-law, son-in-law, daughter-in-law, brother- in-law, sister-in-law, aunt, uncle, cousins, grandparent, grandchild andstepchild. Fellow Employee means a person employedby the same Employer as the Covered Person or by an Employerthatis an affiliated or subsidiary corporation. It shall also include any person who was so employed, butwhose employmentwas terminatednotmore than 45 days priorto the date on which the defined violent crime/felonious assault was committed. Member of the Same Household means a person who maintains residence at the same address as the Covered Person. 29 Item 7: Staff Report Pg. 92 Packet Pg. 341 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Exclusions Benefits willnot be paid fortreatment ofany Coveredlnjury sustained orCovered Loss incurred during any: violent crime or felonious assault committed by the Covered Person; or felonious assault orviolentcrime committeduponthe CoveredPersonby a Fellow Employee, Family Member, or Member of the Same Household. Other exclusions that apply to this benefit are in the Common Exclusions Section. GA -00-2234.00 SEATBELT AND AIRBAG BENEFIT We will pay the benefit shown in the Schedule ofBenefits, subject to the conditions andexclusions describedbelow, when the Covered Persondies directly and independently ofallothercauses froma Covered Accident while wearing a seatbelt and operating or riding as a passenger in an Automobile. An additional benefit is provided if the CoveredPerson was also positioned in a seatprotectedby a properly -functioning and properly deployed Supplemental Restraint System (Airbag). Verification ofproperuse ofthe seatbelt at thetime ofthe Covered Accident and thatthe Supplemental Restraint System properly inflated upon impact mustbe a part ofanofficialpolice report ofthe CoveredAccident orbe certified, in writing, by the investigating officer(s) and submitted with the Covered Person's claim to Us. If such certificationorpolice report is not available orit is unclear whether the Covered Person was wearing a seatbelt or positioned in a seatprotectedby a properly functioning and properly deployed Supplemental Restraint System, We will pay a default benefit shown in the Schedule of Benefits to the Covered Person's beneficiary. In the case ofa child, seatbelt means a child restraint, as required by state law and approved by the National Highway Traffic Safety Administration, properly secured and being used as recommended by its manufacturerfor for childrenof f like Age and weight at the time of the Covered Accident. Definitions For purposes of this benefit: Supplemental Restraint Systemmeans an airbag that inflates upon impact for addedprotectionto the head and chest areas. Automobile means a self-propelled, private passenger motor vehicle with four or more wheels which is a type both designed and required to be licensed for use on the highway of any state or country. Automobile includes, but is not limited to, a sedan, station wagon, sportutility vehicle, or a motorvehicle of the pickup, van, camper, ormotor-home type. Automobile does not include a mobile home or any motor vehicle which is used in mass or public transit. Exclusions The exclusions thatapply to this benefit arein the CommonExclusions Section. GA -00-225 1.00 SPECIAL EDUCATION BENEFIT We will pay the benefit, up to theMaximum Benefit shown in the Schedule of Ben efits, for each qualifying Dependent Child. The CoveredPerson's deathmust result, directly and independently of all other causes from a Covered Accident for which an AccidentalDeath Benefit ispayable underthis Policy. This benefit is subject to the conditions and exclusions described below. A qualifying Dependent Child must: 1. enroll as a full-time student at an accredited school of higher leamingbefore reachingthe limitingAge for dependent eligibility stated in this Policy; 2. continue his education as a full-time student; and 3. incur expenses for tuition, fees, books, room and board, transportation and any other costs payable directly to, or approved and certified by, such school. A qualifying surviving Spouse must: 1. enroll in any accredited schoolforthe purposeof retraining orrefreshing skills needed for employmentwithin one year of the date of the covered Employee's Covered Accident; remain enrolled in such accredited school; and incur expenses payable directly to, or approved by, suchschool. 30 Item 7: Staff Report Pg. 93 Packet Pg. 342 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Payments will be madeto each qualifying Dependent Child orto the child's legal guardian, if the child is a minor at the end of each year for the number of years shown in the Schedule ofBenefits. We must receive proof satisfactory to Us of the Dependent Child's enrollmentand attendance within 31 days of the end of each year. The first year for which a Special Education Benefit is payable will begin on the first of the month following the date the covered Employee died, if the surviving Dependent Child was enrolled on that date in an accredited school of higher learning beyond the 12th grade; otherwise on the date he enrolls in such school. Each succeedingyear forwhich benefits arepayable will begin on the date following the end of the preceding year. If no DependentChild qualifies for Special Education Benefits within 365 days ofthe coveredEmployee's death, We will pay the default benefit shown in the Schedule of Benefits to the covered Employee's beneficiary. Payments willbe madeto the surviving Spouseatthe endof each year for the number of years shown in the Schedule of Benefits. We mustreceive proof satisfactory toUs of the Spouse's enrollment andattendance within 31 days of the end of each year. The first year for which a Special Education Benefit is payable will begin on the date the surviving Spouse enrolls in an accredited school forthe first time following the date the Employee died. Each succeeding year for which benefits are payable will begin on the date following the end of the preceding year. If a surviving Spouse does not qualify for Special Education Benefits within 365 days ofthe coveredEmployee's death, We will pay the default benefit shown in the Schedule of Benefits to the covered Employee's beneficiary. Definitions For the purposes of this benefit: Dependent Child(ren) An Employee's unmarried child who meets the followingrequirements: 1. A child from live birth to 19 years old; 2. A child who is 19 or more years old but less than 25 years old, enrolled in a schoolas s a full-time student and primarily supported by the Employee; 3. A child who is 19 or more years old, primarily supportedby the Employee and incapable of self- sustaining employmentby reason ofinentalorphysicalhandicap. Proofofthe child's condition and dependence must be submittedto Us within 31 days after the date the child ceases to qualify as a DependentChild forthereasons listed above. During the next two years, We may, from time to time, require proofof f the continuation of such condition and dependence. After that, We may require proof no more than once a year. A child, for purposes of this provision, includes an Employee's: 1. natural child; 2. adopted child, beginning with any waiting period pending finalization of the child's adoption; 3. stepchild who resides with the Employee; 4. child for whom the Employee is legalguardian, as long as the child resides with the Employee and depends on the Employee for financial support. Financial support means that the Employee is eligible to claim the dependent for purposes of Federal and State income tax returns. Spouse the Employee's lawful spouse under age 70. Exclusions The exclusions thatapply to this benefit arein the CommonExclusions Section. GA -00-2252a.00 31 Item 7: Staff Report Pg. 94 Packet Pg. 343 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 SPOUSE RETRAINING BENEFIT We will pay expenses incurred, as described below, up to the Maximum Benefit shown in the Schedule of Benefits, to enable the covered Employee's Spouse to obtain occupational or educational training needed for employment if the covered Employee dies directly and independently of all other causes from a Covered Accident. This benefit is subject to the conditions and exclusions described below. This benefit will be payable if the covered Employeedies within one year of a CoveredAccidentand is survivedby his Spouse who: 1. enrolls, within three years afterthecovered Employee's deathin any accredited school for the purpose of retraining or refreshing skills needed for employment; and incurs expenses payable directly to, or approved and certified by, suchschool. If there is no surviving Spouse atthe time of the covered Employee's Covered Accidental Death, the Default Benefit shown in the Schedule of Benefits will be paid to the covered Employee's beneficiary. Definitions For the purposes of this benefit: Spouse will include the Employee's lawful spouse under age 70. Exclusions The exclusions thatapply to this benefit arein the CommonExclusions Section. GA -00-2254a.00 32 Item 7: Staff Report Pg. 95 Packet Pg. 344 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 LIFE INSURANCE COMPANY OF NORTH AMERICA Philadelphia, PA 19192-2235 We, City of Palo Alto, whose main office address is Palo Alto, CA, hereby approve andacceptthe terms ofGroup Policy Number OK 964302 issuedby the LIFE INSURANCE COMPANY OF NORTH AMERICA to the TRUSTEE OF THE GROUP INSURANCE TRUST FOR EMPLOYERS IN THE PUBLIC ADMINISTRATION INDUSTRY. This form is to be signed in duplicate. One part is to be retained by City of Palo Alto; the otherpart is to be returned to the LIFE INSURANCE COMPANY OF NORTH AMERICA. City of Palo Alto Signature and Title: Date: (This Copy Is To Be Returned To Life Insurance Company ofNorth America) LIFE INSURANCE COMPANY OF NORTH AMERICA Philadelphia, PA 19192-2235 We, City of Palo Alto, whose main office address is Palo Alto, CA, hereby approve andacceptthe terms o f Group Policy Number OK 964302 issuedby the LIFE INSURANCE COMPANY OF NORTH AMERI CA to the TRUSTEE OF THE GROUP INSURANCE TRUST FOR EMPLOYERS IN THE PUBLIC ADMINISTRATION INDUSTRY. This form is to be signed in duplicate. One part is to be retained by City of Palo Alto; the otherpart is to be returned to the LIFE INSURANCE COMPANY OF NORTH AMERICA. City of Palo Alto Signature and Title: Date: (This Copy Is To Be Retained By City of Palo Alto) Item 7: Staff Report Pg. 96 Packet Pg. 345 of 462 Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E EXHIBIT A-3 LTD POLICY Attached. Item 7 Attachment D - New York Life Insurance (Life Disability), Contract C25191558 Item 7: Staff Report Pg. 97 Packet Pg. 346 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 LIFE INSURANCE COMPANY OF NORTH AMERICA (herein called the Company) Amendment to be attached to and made a part of the Group Policy A Contract between the Company and Policyholder: Trustee of the Group Insurance Trust for Employers in the Public Administration Industry Participating Subscriber: City of Palo Alto (herein called the Subscriber) Policy No.: LK - 961943 PLEASE READ IMPORTANT: The attached amendment to your policy has been made at your request, and will be effective on the date shown within the amendment. Please review this amendment immediately and confirm that it accurately reflects your request and is consistent with your intentions. If amended certificates have been provided, please review these as well. If there are any errors or discrepancies, please notify your account manager or account service representative immediately. If you have not notified your account manager or account service representative of any errors or concerns, continued payment of premium more than 31 days after delivery of this amendment will be deemed acceptance of this amendment. Item 7: Staff Report Pg. 98 Packet Pg. 347 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 LIFE INSURANCE COMPANY OF NORTH AMERICA (herein called the Company) Amendment to be attached to and made a part of the Group Policy A Contract between the Company and Policyholder: Trustee of the Group Insurance Trust for Employers in the Public Administration Industry Participating Subscriber: City of Palo Alto (herein called the Subscriber) Policy No.: LK — 961943 This Amendment is attached to and made part of the Policy specified above. It is subject to all of the policy provisions that do not conflict with its provisions. The Company and the Subscriber hereby agree that the Policy is amended as follows: 1. This Amendment will be in effect on the Effective Date(s) shown below only for insured Employees in Active Service on that date. If an Employee is not in Active Service on the date his insurance would otherwise become effective, it will be effective on the date he returns to Active Service. The following Enrollment Event is added under the Schedule of Benefits for Classes 1 and 2: The Enrollment Period shall be from September 6, 2024 through October 11, 2024 for coverage effective January 1, 2025. This enrollment will be subject to the provisions regarding coverage changes during the enrollment period and all other provisions of the policy. Open Enrollment Period During this Enrollment Period, an Employee who is eligible to be insured under this Policy may become insured under the Policy without satisfying the Insurability Requirement. 2. Effective January 1, 2025, the following rates will be in force for Class 1 for coverage under the Policy: Option 1 $336 per $100 of Covered Payroll Covered Payroll for an Employee will mean his or her Covered Earnings for the insurance month prior to the date the determination is made. However, an Employee's Covered Payroll will not include any part of his or her monthly Covered Earnings which exceed $3,000. Option 2 $.705 per $100 of Covered Payroll Covered Payroll for an Employee will mean his or her Covered Earnings for the insurance month prior to the date the determination is made. However, an Employee's Covered Payroll will not include any part of his or her monthly Covered Earnings which exceed $6,000. No change in rates will be made until 36 months after the effective date of this Amendment. However, the Company reserves the right to change the rates at any time during a period for which the rates are guaranteed if the conditions described in the Changes in Premium Rates provision under the Administrative Provisions section of the Policy apply. 3. Effective January 1, 2025, the following rates will be in force for Class 2 for coverage under the Policy: Item 7: Staff Report Pg. 99 Packet Pg. 348 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 $.369 per $100 of Covered Payroll Covered Payroll for an Employee will mean his or her Covered Earnings for the insurance month prior to the date the determination is made. However, an Employee's Covered Payroll will not include any part of his or her monthly Covered Earnings which exceed $15,000. No change in rates will be made until 36 months after the effective date of this Amendment. However, the Company reserves the right to change the rates at any time during a period for which the rates are guaranteed if the conditions described in the Changes in Premium Rates provision under the Administrative Provisions section of the Policy apply. Except for the above, this Amendment does not change the Policy in any way. FOR THE COMPANY Scott Berlin, President Date: October 22, 2024 (Revised date: October 30, 2024) Amendment No. 04a TL -004780 Item 7: Staff Report Pg. 100 Packet Pg. 349 of 462 1; XHIBIT "A-3" Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E LONG TERM DISABILITY INSURANCE POLICY Item 7 Attachment D- New York Life Insurance (Life Disability), Contract C25191558 CALIFORNIA LIFE AND HEALTH INSURANCE GUARANTY ASSOCIATION ACT SUMMARY DOCUMENT AND DISCLAIMER Residents of California who purchase life and health insurance and annuities should know that the insurance companies licensed in this state to write these types of insurance are members of the California Life and Health Insurance Guaranty Association. The purpose of this Association is to assure that policyholders will be protected, within limits, in the unlikely event that a member insurer becomes financially unable to meet its obligations. If this should happen, the Association will assess its other member insurance companies for the money to pay the claims of insured persons who live in this state and, in some cases, to keep coverage in force. The valuable extra protection provided through the Association is not unlimited, as noted in the box below, and is not a substitute for consumers' care in selecting well managed and financially stable insurers. The California Life and Health Insurance Guaranty Association may not provide coverage for this insurance. If coverage is provided, it may be subject to substantial limitations or exclusions, and req continued residency in the state. You should not rely on coverage by the Association in selecting an insurance company or in selecting an insurance policy. Coverage is NOT provided for your insurance or any portion of it that is not guaranteed by the Insurer or for which you have assumed the risk, such as a variable contract sold by prospectus. Insurance companies or their agents are required by law to give or send you this notice. However, insurance companies and their agents are prohibited by law from using the existence of the Association to induce you to purchase any kind of insurance policy. If you have additional questions, you should first contact your insurer or agent and then may contact: California Life and Health OR Consumer Service Division Insurance Guaranty Association California Department of Insurance P.O. Box 16860 300 South Spring Street Beverly Hills, CA 90209 Los Angeles, CA 90013 Below is a brief summary of this law's coverages, exclusions and limits. This summary does not cover all provisions of the law; nor does it in any way change anyone's rights or obligations under the Act or the rights or obligations of the Association. Item 7: Staff Report Pg. 101 Packet Pg. 350 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 COVERAGE Generally, individuals will be protected by the California Life and Health Insurance Guaranty Association if they live in this state and hold a life or health insurance contract, or an annuity, or if they are insured under a group insurance contract, issued by a member insurer. The beneficiaries, payees or assignees of insured persons are protected as well, even if they live in another state. EXCLUSIONS FROM COVERAGE However, persons holding such policies are not protected by this Association if: their insurer was not authorized to do business in this state when it issued the policy or contract; their policy was issued by a health care service plan (HMO), Blue Cross, Blue Shield, a charitable organization, a fraternal benefit society, a mandatory state pooling plan, a mutual assessment company, an insurance exchange, or a grants and annuities society; they are eligible for protection under the laws of another state. This may occur when the insolvent insurer was incorporated in another state whose Guaranty Association protects insureds who live outside that state. The Association also does not provide coverage for: unallocated annuity contracts; that is, contracts which are not issued to and owned by an individual and which guarantee rights to group contract holders, not individuals; employer and association plans to the extent they are self -funded or uninsured; synthetic guaranteed interest contracts; any policy or portion of a policy which is not guaranteed by the insurer or for which the individual has assumed the risk, such as a variable contract sold by prospectus; any policy of reinsurance unless an assumption certificate was issued; interest rate yields that exceed an average rate; and any portion of a contract that provides dividends or experience rating credits. LIMITS ON AMOUNT OF COVERAGE The Act limits the Association to pay benefits as follows: Life and Annuity Benefits 80% of what the life insurance company would owe under a life policy or annuity contract up to $100,000 in cash surrender values; $100,000 in present value of annuities; or $250,000 in life insurance death benefits. A maximum of $250,000 for any one insured life no matter how many policies and contracts there were with the same company, even if the policies provided different types of coverages. Health Benefits A maximum of $200,000 of the contractual obligations that the health insurance company would owe were it not insolvent. The maximum may increase or decrease annually based upon changes in the health care cost component of the consumer price index. PREMIUM SURCHARGE Member insurers are required to recoup assessments paid to the Association by way of a surcharge on premiums charged for health insurance policies to which the act applies. Item 7: Staff Report Pg. 102 Packet Pg. 351 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 LIFE INSURANCE COMPANY OF NORTH AMERICA 1601 CHESTNUT STREET GROUP POLICY PHILADELPHIA, PA 19192-2235 (800) 732-1603 TDD (800) 552-5744 A STOCK INSURANCE COMPANY POLICYHOLDER: TRUSTEE OF THE GROUP INSURANCE TRUST FOR EMPLOYERS IN THE PUBLIC ADMINISTRATION INDUSTRY SUBSCRIBER: City of Palo Alto POLICY NUMBER: LK-961943 POLICY EFFECTIVE DATE: January 1 POLICY ANNIVERSARY DATE: January 1 This Policy describes the terms and conditions of coverage. It is issued in Delaware and shall be governed by its laws. The Policy goes into effect on the Policy Effective Date, 12:01 am. at the Policyholder's address. In return for the required premium, the Insurance Company and the Policyholder have agreed to all the terms of this Policy. Deborah Young, Corporate Secretary Karen S. Rohan, President TL -004700 Item 7: Staff Report Pg. 103 Packet Pg. 352 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 TABLE OF CONTENTS SCHEDULE OF BENEFITS........................................................................................................1 SCHEDULE OF BENEFITS FOR CLASS 1..................................................................................2 SCHEDULE OF BENEFITS FOR CLASS 2..................................................................................5 SCHEDULE OF BENEFITS FOR CLASS 3..................................................................................8 ELIGIBILITY FOR INSURANCE..............................................................................................11 EFFECTIVE DATE OF INSURANCE........................................................................................11 TERMINATION OF INSURANCE.............................................................................................11 CONTINUATION OF INSURANCE..........................................................................................12 DESCRIPTION OF BENEFITS..................................................................................................13 EXCLUSIONS.........................................................................................................................18 CLAIMPROVISIONS..............................................................................................................18 ADMINISTRATIVE PROVISIONS............................................................................................20 GENERALPROVISIONS......................................................................................................... 21 DEFINITIONS......................................................................................................................... 22 DOMESTIC PARTNER RIDER................................................................................................. 25 Item 7: Staff Report Pg. 104 Packet Pg. 353 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 SCHEDULE OF BENEFITS Premium Due Date: The last day of each month Classes of Eligible Employees On the pages following the definition of eligible employees there is a Schedule of Benefits for each Class of Eligible Employees listed below. For an explanation of these benefits, please see the Description of Benefits provision. If an Employee is eligible under one Class of Eligible Employees and later becomes eligible under a different Class of Eligible Employees, changes in his or her insurance due to the class change will be effective on the first of the month following the change in class. Class 1 All active, Full-time Service Employees International Union Employees/Members of the Employer regularly working a minimum of 20 hours per week. Class 2 All active, Full-time Employees of the Employer regularly working a minimum of 20 hours per week who are classified as Management, Confidential and Council Officer. Class 3 All active, Full-time Employees of the Employer as defined under the prior carrier policy, number 643835, and on file with the Insurance Company, regularly working a minimum of 20 hours per week. (Closed Class) Item 7: Staff Report Pg. 105 Packet Pg. 354 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract SCHEDULE OF BENEFITS FOR CLASS 1 C25191558 Eligibility Waiting Period For Employees hired on or before the Policy Effective Date: No Waiting Period For Employees hired after the Policy Effective Date: No Waiting Period Definition of Disability/Disabled The Employee is considered Disabled if, solely because of Injury or Sickness, he or she is: 1. unable to perform the material duties of his or her Regular Occupation; and 2. unable to earn 80% or more of his or her Indexed Earnings from working in his or her Regular Occupation. After Disability Benefits have been payable for 24 months, the Employee is considered Disabled if, solely due to Injury or Sickness, he or she is: 1. unable to perform the material duties of any occupation for which he or she is, or may reasonably become, qualified based on education, training or experience; and 2. unable to earn 60% or more of his or her Indexed Earnings. The Insurance Company will require proof of earnings and continued Disability. Definition of Covered Earnings Covered Earnings means an Employee's wage or salary as reported by the Employer for work performed for the Employer as in effect just prior to the date Disability begins. It includes earnings received from commissions but not bonuses, overtime pay and other extra compensation. Covered Earnings are determined initially on the date an Employee applies for coverage. A change in the amount of Covered Earnings is effective on the date of the change, if the Employer gives us written notice of the change and the required premium is paid. Commissions will be averaged for the 12 months just prior to the date Disability begins, or the months employed, if less than 12 months. Any increase in an Employee's Covered Earnings will not be effective during a period of continuous Disability. Elimination Period 60 days Gross Disability Benefit Option 1 The lesser of 66.67% of an Employee's monthly Covered Earnings rounded to the nearest dollar or the Maximum Disability Benefit. Option 2 The lesser of 60% of an Employee's monthly Covered Earnings rounded to the nearest dollar or the Maximum Disability Benefit. Maximum Disability Benefit Option 1 $4,000 per month Option 2 $1,800 per month Minimum Disability Benefit $100 per month Disability Benefit Calculation The Disability Benefit payable to the Employee is figured using the Gross Disability Benefit, Other Income Benefits and the Return to Work Incentive. Monthly Benefits are based on a 30 -day month. The Disability Benefit will be prorated if payable for any period less than a month. During any month the Employee has no Disability Earnings, the monthly benefit payable is the Gross Disability Benefit less Other Income Benefits. During any month the Employee has Disability Earnings, benefits are determined under the Return to Work Incentive. Benefits will not be less than the minimum benefit shown in the Schedule of Benefits except as provided under the section Minimum Benefit. Item 7: Staff Report Pg. 106 Packet Pg. 355 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 "Other Income Benefits" means any benefits listed in the Other Income Benefits provision that an Employee receives on his or her own behalf or for dependents, or which the Employee's dependents receive because of the Employee's entitlement to Other Income Benefits. Return to Work Incentive During any month the Employee has Disability Earnings, his or her benefits will be calculated as follows. The Employee's monthly benefit payable will be calculated as follows during the first 24 months disability benefits are payable and the Employee has Disability Earnings: 1. Add the Employee's Gross Disability Benefit and Disability Earnings. 2. Compare the sum from 1. to the Employee's Indexed Earnings. 3. If the sum from 1. exceeds 100% of the Employee's Indexed Earnings, then subtract the Indexed Earnings from the sum in 1. 4. The Employee's Gross Disability Benefit will be reduced by the difference from 3., as well as by Other Income Benefits. 5. If the sum from 1. does not exceed 100% of the Employee's Indexed Earnings, the Employee's Gross Disability Benefit will be reduced by Other Income Benefits. After disability benefits are payable for 24 months, the monthly benefit payable is the Gross Disability Benefit reduced by Other Income Benefits and 50% of Disability Earnings. No Disability Benefits will be paid, and insurance will end if the Insurance Company determines the Employee is able to work under a modified work arrangement and he or she refuses to do so without Good Cause. Additional Benefits Survivor Benefit Benefit Waiting Period: Amount of Benefit: Maximum Benefit Period After 3 Monthly Benefits are payable. 100% of the sum of the last full Disability Benefit plus the amount of any Disability Earnings by which the benefit had been reduced for that month. A single lump sum payment equal to 3 monthly Survivor Benefits. Maximum Benefit Period The later of the Employee's SSNRA* or the Maximum Benefit Period listed below. Age When Disability Begins Age 62 or under Age 63 Age 64 Age 65 Age 66 Age 67 Age 68 Age 69 or older Maximum Benefit Period The Employee's 65th birthday or the date the 42nd Monthly Benefit is payable, if later. The date the 36th Monthly Benefit is payable. The date the 30th Monthly Benefit is payable. The date the 24th Monthly Benefit is payable. The date the 21st Monthly Benefit is payable. The date the 18th Monthly Benefit is payable. The date the 15th Monthly Benefit is payable. The date the 12th Monthly Benefit is payable. *SSNRA means the Social Security Normal Retirement Age in effect under the Social Security Act on the Policy Effective Date. Item 7: Staff Report Pg. 107 Packet Pg. 356 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract Initial Premium Rates — Option 1 C25191558 $1.23 per $100 of Covered Payroll Covered Payroll for an Employee will mean his or her Covered Earnings for the insurance month prior to the date the determination is made. However, an Employee's Covered Payroll will not include any part of his or her monthly Covered Earnings which exceed $6,000. Initial Premium Rates — Option 2 $.575 per $100 of Covered Payroll Covered Payroll for an Employee will mean his or her Covered Earnings for the insurance month prior to the date the determination is made. However, an Employee's Covered Payroll will not include any part of his or her monthly Covered Earnings which exceed $3,000. TL -004774 Item 7: Staff Report Pg. 108 Packet Pg. 357 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract SCHEDULE OF BENEFITS FOR CLASS 2 C25191558 Eligibility Waiting Period For Employees hired on or before the Policy Effective Date: No Waiting Period For Employees hired after the Policy Effective Date: No Waiting Period Definition of Disability/Disabled The Employee is considered Disabled if, solely because of Injury or Sickness, he or she is: 1. unable to perform the material duties of his or her Regular Occupation; and 2. unable to earn 80% or more of his or her Indexed Earnings from working in his or her Regular Occupation. After Disability Benefits have been payable for 24 months, the Employee is considered Disabled if, solely due to Injury or Sickness, he or she is: 1. unable to perform the material duties of any occupation for which he or she is, or may reasonably become, qualified based on education, training or experience; and 2. unable to earn 60% or more of his or her Indexed Earnings. The Insurance Company will require proof of earnings and continued Disability. Definition of Covered Earnings Covered Earnings means an Employee's wage or salary as reported by the Employer for work performed for the Employer as in effect just prior to the date Disability begins. It includes earnings received from commissions but not bonuses, overtime pay and other extra compensation. Covered Earnings are determined initially on the date an Employee applies for coverage. A change in the amount of Covered Earnings is effective on the date of the change, if the Employer gives us written notice of the change and the required premium is paid. Commissions will be averaged for the 12 months just prior to the date Disability begins, or the months employed, if less than 12 months. Any increase in an Employee's Covered Earnings will not be effective during a period of continuous Disability. Elimination Period 60 days Gross Disability Benefit The lesser of 66.67% of an Employee's monthly Covered Earnings rounded to the nearest dollar or the Maximum Disability Benefit. Maximum Disability Benefit $10,000 per month Minimum Disability Benefit $100 per month Disability Benefit Calculation The Disability Benefit payable to the Employee is figured using the Gross Disability Benefit, Other Income Benefits and the Return to Work Incentive. Monthly Benefits are based on a 30 -day month. The Disability Benefit will be prorated if payable for any period less than a month. During any month the Employee has no Disability Earnings, the monthly benefit payable is the Gross Disability Benefit less Other Income Benefits. During any month the Employee has Disability Earnings, benefits are determined under the Return to Work Incentive. Benefits will not be less than the minimum benefit shown in the Schedule of Benefits except as provided under the section Minimum Benefit. Item 7: Staff Report Pg. 109 Packet Pg. 358 of 462 Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Item 7 Attachment D - New York Life Insurance (Life Disability), Contract "Other Income Benefits" means any benefits listed in the Other Income Benefitsprovrsina a�drr Employee receives on his or her own behalf or for dependents, or which the Employee's dependents receive because of the Employee's entitlement to Other Income Benefits. Return to Work Incentive During any month the Employee has Disability Earnings, his or her benefits will be calculated as follows. The Employee's monthly benefit payable will be calculated as follows during the first 24 months disability benefits are payable and the Employee has Disability Earnings: 1. Add the Employee's Gross Disability Benefit and Disability Earnings. 2. Compare the sum from 1. to the Employee's Indexed Earnings. 3. If the sum from 1. exceeds 100% of the Employee's Indexed Earnings, then subtract the Indexed Earnings from the sum in 1. 4. The Employee's Gross Disability Benefit will be reduced by the difference from 3., as well as by Other Income Benefits. 5. If the sum from 1. does not exceed 100% of the Employee's Indexed Earnings, the Employee's Gross Disability Benefit will be reduced by Other Income Benefits. After disability benefits are payable for 24 months, the monthly benefit payable is the Gross Disability Benefit reduced by Other Income Benefits and 50% of Disability Earnings. No Disability Benefits will be paid, and insurance will end if the Insurance Company determines the Employee is able to work under a modified work arrangement and he or she refuses to do so without Good Cause. Additional Benefits Survivor Benefit Benefit Waiting Period: Amount of Benefit: Maximum Benefit Period After 3 Monthly Benefits are payable. 100% of the sum of the last full Disability Benefit plus the amount of any Disability Earnings by which the benefit had been reduced for that month. A single lump sum payment equal to 3 monthly Survivor Benefits. Maximum Benefit Period The later of the Employee's SSNRA* or the Maximum Benefit Period listed below. Age When Disability Begins Age 62 or under Age 63 Age 64 Age 65 Age 66 Age 67 Age 68 Age 69 or older Maximum Benefit Period The Employee's 65th birthday or the date the 42nd Monthly Benefit is payable, if later. The date the 36th Monthly Benefit is payable. The date the 30th Monthly Benefit is payable. The date the 24th Monthly Benefit is payable. The date the 21st Monthly Benefit is payable. The date the 18th Monthly Benefit is payable. The date the 15th Monthly Benefit is payable. The date the 12th Monthly Benefit is payable. *SSNRA means the Social Security Normal Retirement Age in effect under the Social Security Act on the Policy Effective Date. Item 7: Staff Report Pg. 110 Packet Pg. 359 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract Initial Premium Rates C25191558 $.62 per $100 of Covered Payroll Covered Payroll for an Employee will mean his or her Covered Earnings for the insurance month prior to the date the determination is made. However, an Employee's Covered Payroll will not include any part of his or her monthly Covered Earnings which exceed $15,000. TL -004774 Item 7: Staff Report Pg. 111 Packet Pg. 360 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract SCHEDULE OF BENEFITS FOR CLASS 3 C25191558 Eligibility Waiting Period For Employees hired on or before the Policy Effective Date: No Waiting Period For Employees hired after the Policy Effective Date: No Waiting Period Definition of Disability/Disabled The Employee is considered Disabled if, solely because of Injury or Sickness, he or she is: 1. unable to perform the material duties of his or her Regular Occupation; and 2. unable to earn 80% or more of his or her Indexed Earnings from working in his or her Regular Occupation. After Disability Benefits have been payable for 24 months, the Employee is considered Disabled if, solely due to Injury or Sickness, he or she is: 1. unable to perform the material duties of any occupation for which he or she is, or may reasonably become, qualified based on education, training or experience; and 2. unable to earn 60% or more of his or her Indexed Earnings. The Insurance Company will require proof of earnings and continued Disability. Definition of Covered Earnings Covered Earnings means an Employee's wage or salary as reported by the Employer for work performed for the Employer as in effect just prior to the date Disability begins. It includes earnings received from commissions but not bonuses, overtime pay and other extra compensation. Covered Earnings are determined initially on the date an Employee applies for coverage. A change in the amount of Covered Earnings is effective on the date of the change, if the Employer gives us written notice of the change and the required premium is paid. Commissions will be averaged for the 12 months just prior to the date Disability begins, or the months employed, if less than 12 months. Any increase in an Employee's Covered Earnings will not be effective during a period of continuous Disability. Elimination Period 60 days Gross Disability Benefit The lesser of 66.67% of an Employee's monthly Covered Earnings rounded to the nearest dollar or the Maximum Disability Benefit. Maximum Disability Benefit $10,000 per month Minimum Disability Benefit $100 per month Disability Benefit Calculation The Disability Benefit payable to the Employee is figured using the Gross Disability Benefit, Other Income Benefits and the Return to Work Incentive. Monthly Benefits are based on a 30 -day month. The Disability Benefit will be prorated if payable for any period less than a month. During any month the Employee has no Disability Earnings, the monthly benefit payable is the Gross Disability Benefit less Other Income Benefits. During any month the Employee has Disability Earnings, benefits are determined under the Return to Work Incentive. Benefits will not be less than the minimum benefit shown in the Schedule of Benefits except as provided under the section Minimum Benefit. Item 7: Staff Report Pg. 112 Packet Pg. 361 of 462 Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Item 7 Attachment D - New York Life Insurance (Life Disability), Contract "Other Income Benefits" means any benefits listed in the Other Income Benefitsprovisin r5irsa�arr Employee receives on his or her own behalf or for dependents, or which the Employee's dependents receive because of the Employee's entitlement to Other Income Benefits. Return to Work Incentive During any month the Employee has Disability Earnings, his or her benefits will be calculated as follows. The Employee's monthly benefit payable will be calculated as follows during the first 24 months disability benefits are payable and the Employee has Disability Earnings: 1. Add the Employee's Gross Disability Benefit and Disability Earnings. 2. Compare the sum from 1. to the Employee's Indexed Earnings. 3. If the sum from 1. exceeds 100% of the Employee's Indexed Earnings, then subtract the Indexed Earnings from the sum in 1. 4. The Employee's Gross Disability Benefit will be reduced by the difference from 3., as well as by Other Income Benefits. 5. If the sum from 1. does not exceed 100% of the Employee's Indexed Earnings, the Employee's Gross Disability Benefit will be reduced by Other Income Benefits. After disability benefits are payable for 24 months, the monthly benefit payable is the Gross Disability Benefit reduced by Other Income Benefits and 50% of Disability Earnings. No Disability Benefits will be paid, and insurance will end if the Insurance Company determines the Employee is able to work under a modified work arrangement and he or she refuses to do so without Good Cause. Additional Benefits Survivor Benefit Benefit Waiting Period: Amount of Benefit: Maximum Benefit Period After 3 Monthly Benefits are payable. 100% of the sum of the last full Disability Benefit plus the amount of any Disability Earnings by which the benefit had been reduced for that month. A single lump sum payment equal to 3 monthly Survivor Benefits. Maximum Benefit Period The later of the Employee's SSNRA* or the Maximum Benefit Period listed below. Age When Disability Begins Age 62 or under Age 63 Age 64 Age 65 Age 66 Age 67 Age 68 Age 69 or older Maximum Benefit Period The Employee's 65th birthday or the date the 42nd Monthly Benefit is payable, if later. The date the 36th Monthly Benefit is payable. The date the 30th Monthly Benefit is payable. The date the 24th Monthly Benefit is payable. The date the 21st Monthly Benefit is payable. The date the 18th Monthly Benefit is payable. The date the 15th Monthly Benefit is payable. The date the 12th Monthly Benefit is payable. *SSNRA means the Social Security Normal Retirement Age in effect under the Social Security Act on the Policy Effective Date. Item 7: Staff Report Pg. 113 Packet Pg. 362 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract Initial Premium Rates C25191558 $.62 per $100 of Covered Payroll Covered Payroll for an Employee will mean his or her Covered Earnings for the insurance month prior to the date the determination is made. However, an Employee's Covered Payroll will not include any part of his or her monthly Covered Earnings which exceed $15,000. TL -004774 10 Item 7: Staff Report Pg. 114 Packet Pg. 363 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract ELIGIBILITY FOR INSURANCE C25191558 An Employee in one of the Classes of Eligible Employees shown in the Schedule of Benefits is eligible to be insured on the Policy Effective Date, or the day after he or she completes the Eligibility Waiting Period, if later. The Eligibility Waiting Period is the period of time the Employee must be in Active Service to be eligible for coverage. It will be extended by the number of days the Employee is not in Active Service. Except as noted in the Reinstatement Provision, if an Employee terminates coverage and later wishes to reapply, or if a former Employee is rehired, a new Eligibility Waiting Period must be satisfied. An Employee is not required to satisfy a new Eligibility Waiting Period if insurance ends because he or she is no longer in a Class of Eligible Employees, but continues to be employed and within one year becomes a member of an eligible class. TL -004710 EFFECTIVE DATE OF INSURANCE An Employee will be insured on the date he or she becomes eligible, if the Employee is not required to contribute to the cost of this insurance. An Employee who is required to contribute to the cost of this insurance may elect to be insured only by authorizing payroll deduction in a form approved by the Employer and the Insurance Company. The effective date of this insurance depends on the date coverage is elected. Insurance for an Employee who applies for insurance within 31 days after he or she becomes eligible is effective on the latest of the following dates. 1. The Policy Effective Date. 2. The date payroll deduction is authorized. 3. The date the Insurance Company receives the Employee's completed enrollment form. If an Employee's enrollment form is received more than 31 days after he or she is eligible for this insurance, the Insurability Requirement must be satisfied before this insurance is effective. If approved, this insurance is effective on the date the Insurance Company agrees in writing to insure the Employee. If an Employee is not in Active Service on the date insurance would otherwise be effective, it will be effective on the date he or she returns to any occupation for the Employer on a Full-time basis. TL -004712 TERMINATION OF INSURANCE An Employee's coverage will end on the earliest of the following dates: 1. the date the Employee is eligible for coverage under a plan intended to replace this coverage; 2. the date the Policy is terminated; 3. the date the Employee is no longer in an eligible class; 4. the day after the end of the period for which premiums are paid; 5. the date the Employee is no longer in Active Service; 6. the date benefits end for failure to comply with the terms and conditions of the Policy. Disability Benefits will be payable to an Employee who is entitled to receive Disability Benefits when the Policy terminates, if he or she remains disabled and meets the requirements of the Policy. Any period of Disability, regardless of cause, that begins when the Employee is eligible under another group disability coverage provided by any employer, will not be covered. TL -007505.00 11 Item 7: Staff Report Pg. 115 Packet Pg. 364 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 CONTINUATION OF INSURANCE This Continuation of Insurance provision modifies the Termination of Insurance provision to allow insurance to continue under certain circumstances if the Insured Employee is no longer in Active Service. Insurance that is continued under this provision is subject to all other terms of the Termination of Insurance provisions. Disability Insurance continues if an Employee's Active Service ends due to a Disability for which benefits under the Policy are or may become payable. Premiums for the Employee will be waived while Disability Benefits are payable. If the Employee does not return to Active Service, this insurance ends when the Disability ends or when benefits are no longer payable, whichever occurs first. If an Employee's Active Service ends due to personal or family medical leave approved timely by the Employer, insurance will continue for an Employee for up to 12 weeks, if the required premium is paid when due. If an Employee's Active Service ends due to any other leave of absence approved in writing by the Employer prior to the date the Employee ceases work insurance will continue for an Employee until the end of the month in which the leave begins if the required premium is paid. An approved leave of absence does not include termination of employment. If an Employee's Active Service ends due to a layoff, insurance will continue for an Employee until the end of the month in which the leave begins if the required premium is paid. If an Employee's Active Service ends due to any other excused short term absence from work that is reported to the Employer timely in accordance with the Employer's reporting requirements for such short term absence, insurance for an Employee will continue until the earlier of: a. the date the Employee's employment relationship with the Employer terminates; b. the date premiums are not paid when due; c. the end of the 30 day period that begins with the first day of such excused absence; d. the end of the period for which such short term absence is excused by the Employer. Notwithstanding any other provision of this policy, if an Employee's Active Service ends due to termination of employment, or any other termination of the employment relationship, insurance will terminate and Continuation of Insurance under this provision will not apply. If an Employee's insurance is continued pursuant to this Continuation of Insurance provision, and he or she becomes Disabled during such period of continuation, Disability Benefits will not begin until the later of the date the Elimination Period is satisfied or the date he or she is scheduled to return to Active Service. 7G004716 TAKEOVER PROVISION This provision applies only to Employees eligible under this Policy who were covered for long term disability coverage on the day prior to the effective date of this Policy under the Prior Plan provided by the Policyholder or by an entity that has been acquired by the Policyholder. A. This section A applies to Employees who are not in Active Service on the day prior to the effective date of this Policy due to a reason for which the Prior Plan and this Policy both provide for continuation of insurance. If required premium is paid when due, the Insurance Company will insure an Employee to which this section applies against a disability that occurs after the effective date of this Policy for the affected employee group. This coverage will be provided until the earlier of the date: (a) the employee returns to Active Service, (b) continuation of insurance under the Prior Plan would end but for termination of that plan; or (c) the date continuation of insurance under this Policy would end if computed from the first day the employee was not in Active Service. The Policy will provide this coverage as follows: 12 Item 7: Staff Report Pg. 116 Packet Pg. 365 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 1. If benefits for a disability are covered under the Prior Plan, no benefits are payable under this Plan. 2. If the disability is not a covered disability under the Prior Plan solely because the plan terminated, benefits payable under this Policy for that disability will be the lesser of: (a) the disability benefits that would have been payable under the Prior Plan; and (b) those provided by this Policy. Credit will be given for partial completion under the Prior Plan of Elimination Periods and partial satisfaction of pre-existing condition limitations. B. The Elimination Period under this Policy will be waived for a Disability which begins while the Employee is insured under this Policy if all of the following conditions are met: 1. The Disability results from the same or related causes as a Disability for which monthly benefits were payable under the Prior Plan; 2. Benefits are not payable for the Disability under the Prior Plan solely because it is not in effect; 3. An Elimination Period would not apply to the Disability if the Prior Plan had not ended; 4. The Disability begins within 6 months of the Employee's return to Active Service and the Employee's insurance under this Policy is continuous from this Policy's Effective Date. C. Except for any amount of benefit in excess of a Prior Plan's benefits, the Pre-existing Condition Limitation will not apply to an Employee covered under a Prior Plan who satisfied the pre-existing condition limitation, if any, under that plan. If an Employee, covered under a Prior Plan, did not fully satisfy the pre-existing condition limitation of that plan, credit will be given for any time that was satisfied under the Prior Plan's pre-existing condition limitation. Benefits will be determined based on the lesser of: (1) the amount of the gross disability benefit under the Prior Plan and any applicable maximums; and (2) those provided by this Policy. If benefits are payable under the Prior Plan for the Disability, no benefits are payable under this Policy. 71.005108 DESCRIPTION OF BENEFITS The following provisions explain the benefits available under the Policy. Please see the Schedule of Benefits for the applicability of these benefits to each class of Insureds. Disability Benefits The Insurance Company will pay Disability Benefits if an Employee becomes Disabled while covered under this Policy. The Employee must satisfy the Elimination Period, be under the Appropriate Care of a Physician, and meet all the other terms and conditions of the Policy. He or she must provide the Insurance Company, at his or her own expense, satisfactory proof of Disability before benefits will be paid. The Disability Benefit is shown in the Schedule of Benefits. The Insurance Company will require continued proof of the Employee's Disability for benefits to continue. Elimination Period The Elimination Period is the period of time an Employee must be continuously Disabled before Disability Benefits are payable. The Elimination Period is shown in the Schedule of Benefits. A period of Disability is not continuous if separate periods of Disability result from unrelated causes. Disability Benefit Calculation The Disability Benefit Calculation is shown in the Schedule of Benefits. Monthly Disability Benefits are based on a 30 day period. They will be prorated if payable for any period less than a month. If an 13 Item 7: Staff Report Pg. 117 Packet Pg. 366 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract Employee is working while Disabled, the Disability Benefit Calculation will bet 025191558 Incentive. Return to Work Incentive The Return to Work Incentive is shown in the Schedule of Benefits. An Employee may work for wage or profit while Disabled. In any month in which the Employee works and a Disability Benefit is payable, the Return to Work Incentive applies. The Insurance Company will, from time to time, review the Employee's status and will require satisfactory proof of earnings and continued Disability. Minimum Benefit The Insurance Company will pay the Minimum Benefit shown in the Schedule of Benefits despite any reductions made for Other Income Benefits. The Minimum Benefit will not apply if benefits are being withheld to recover an overpayment of benefits. Other Income Benefits An Employee for whom Disability Benefits are payable under this Policy may be eligible for benefits from Other Income Benefits. If so, the Insurance Company may reduce the Disability Benefits by the amount of such Other Income Benefits. Other Income Benefits include: 1. any amounts received (or assumed to be received*) by the Employee or his or her dependents under: - the Canada and Quebec Pension Plans; - the Railroad Retirement Act; - any local, state, provincial or federal government disability or retirement plan or law payable for Injury or Sickness provided as a result of employment with the Employer; - any sick leave or salary continuation plan of the Employer; - any work loss provision in mandatory "No -Fault" auto insurance. 2. any Social Security disability or retirement benefits the Employee or any third party receives (or is assumed to receive*) on his or her own behalf or for his or her dependents; or which his or her dependents receive (or are assumed to receive*) because of his or her entitlement to such benefits. 3. any Retirement Plan benefits funded by the Employer. "Retirement Plan" means any defined benefit or defined contribution plan sponsored or funded by the Employer. It does not include an individual deferred compensation agreement; a profit sharing or any other retirement or savings plan maintained in addition to a defined benefit or other defined contribution pension plan, or any employee savings plan including a thrift, stock option or stock bonus plan, individual retirement account or 401(k) plan. 4. any proceeds payable under any franchise or group insurance or similar plan. If other insurance applies to the same claim for Disability, and contains the same or similar provision for reduction because of other insurance, the Insurance Company will pay for its pro rata share of the total claim. "Pro rata share" means the proportion of the total benefit that the amount payable under one policy, without other insurance, bears to the total benefits under all such policies. 5. any amounts received (or assumed to be received*) by the Employee or his or her dependents under any workers' compensation, occupational disease, unemployment compensation law or similar state or federal law payable for Injury or Sickness arising out of work with the Employer, including all permanent and temporary disability benefits. This includes any damages, compromises or settlement paid in place of such benefits, whether or not liability is admitted. 6. any amounts paid because of loss of earnings or earning capacity through settlement, judgment, arbitration or otherwise, where a third party may be liable, regardless of whether liability is determined. Dependents include any person who receives (or is assumed to receive*) benefits under any applicable law because of an Employee's entitlement to benefits. 14 Item 7: Staff Report Pg. 118 Packet Pg. 367 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract *See the Assumed Receipt of Benefits provision. C25191558 Increases in Other Income Benefits Any increase in Other Income Benefits during a period of Disability due to a cost of living adjustment will not be considered in calculating the Employee's Disability Benefits after the first reduction is made for any Other Income Benefits. This section does not apply to any cost of living adjustment for Disability Earnings. Lump Sum Payments Other Income Benefits or earnings paid in a lump sum will be prorated over the period for which the sum is given. If no time is stated, the lump sum will be prorated over five years. If no specific allocation of a lump sum payment is made, then the total payment will be an Other Income Benefit. Assumed Receipt of Benefits The Insurance Company will assume the Employee (and his or her dependents, if applicable) are receiving benefits for which they are eligible from Other Income Benefits. The Insurance Company will reduce the Employee's Disability Benefits by the amount from Other Income Benefits it estimates are payable to the Employee and his or her dependents. The Insurance Company will waive Assumed Receipt of Benefits, except for Disability Earnings for work the Employee performs while Disability Benefits are payable, if the Employee: 1. provides satisfactory proof of application for Other Income Benefits; 2. signs a Reimbursement Agreement; 3. provides satisfactory proof that all appeals for Other Income Benefits have been made unless the Insurance Company determines that further appeals are not likely to succeed; and 4. submits satisfactory proof that Other Income Benefits were denied. The Insurance Company will not assume receipt of any pension or retirement benefits that are actuarially reduced according to applicable law, until the Employee actually receives them. Social Security Assistance The Insurance Company may help the Employee in applying for Social Security Disability Income (SSDI) Benefits, and may require the Employee to file an appeal if it believes a reversal of a prior decision is possible. The Insurance Company will reduce Disability Benefits by the amount it estimates the Employee will receive, if the Employee refuses to cooperate with or participate in the Social Security Assistance Program. Recovery of Overpayment The Insurance Company has the right to recover any benefits it has overpaid. The Insurance Company may use any or all of the following to recover an overpayment: 1. request a lump sum payment of the overpaid amount; 2. reduce any amounts payable under this Policy; and/or 3. take any appropriate collection activity available to it. The Minimum Benefit amount will not apply when Disability Benefits are reduced in order to recover any overpayment. If an overpayment is due when the Employee dies, any benefits payable under the Policy will be reduced to recover the overpayment. 15 Item 7: Staff Report Pg. 119 Packet Pg. 368 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Successive Periods of Disability A separate period of Disability will be considered continuous: 1. if it results from the same or related causes as a prior Disability for which benefits were payable; and 2. if, after receiving Disability Benefits, the Employee returns to work in his or her Regular Occupation for less than 6 consecutive months; and 3. if the Employee earns less than the percentage of Indexed Earnings that would still qualify him or her to meet the definition of Disability/Disabled during at least one month. Any later period of Disability, regardless of cause, that begins when the Employee is eligible for coverage under another group disability plan provided by any employer will not be considered a continuous period of Disability. For any separate period of disability which is not considered continuous, the Employee must satisfy a new Elimination Period. LIMITATIONS Limited Benefit Periods for Mental or Nervous Disorders The Insurance Company will pay Disability Benefits on a limited basis during an Employee's lifetime for a Disability caused by, or contributed to by, any one or more of the following conditions. Once 24 monthly Disability Benefits have been paid, no further benefits will be payable for any of the following conditions. 1) Anxiety disorders 2) Delusional (paranoid) disorders 3) Depressive disorders 4) Eating disorders 5) Mental illness 6) Somatoform disorders (psychosomatic illness) If, before reaching his or her lifetime maximum benefit, an Employee is confined in a hospital for more than 14 consecutive days, that period of confinement will not count against his or her lifetime limit. The confinement must be for the Appropriate Care of any of the conditions listed above. Limited Benefit Periods for Alcoholism and Drug Addiction or Abuse The Insurance Company will pay Disability Benefits on a limited basis during an Employee's lifetime for a Disability caused by, or contributed to by, any one or more of the following conditions. Once 24 monthly Disability Benefits have been paid, no further benefits will be payable for any of the following conditions. 1) Alcoholism 2) Drug addiction or abuse If, before reaching his or her lifetime maximum benefit, an Employee is confined in a hospital for more than 14 consecutive days, that period of confinement will not count against his or her lifetime limit. The confinement must be for the Appropriate Care of any of the conditions listed above. Pre -Existing Condition Limitation The Insurance Company will not pay benefits for any period of Disability caused or contributed to by, or resulting from, a Pre-existing Condition. A "Pre-existing Condition" means any Injury or Sickness for which the Employee incurred expenses, received medical treatment, care or services including diagnostic measures, took prescribed drugs or medicines, or for which a reasonable person would have consulted a Physician within 3 months before his or her most recent effective date of insurance. The Pre-existing Condition Limitation will apply to any added benefits or increases in benefits. This limitation will not apply to a period of Disability that begins after an Employee is covered for at least 12 months after his or her most recent effective date of insurance, or the effective date of any added or increased benefits. TL -007500.00 16 Item 7: Staff Report Pg. 120 Packet Pg. 369 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 ADDITIONAL BENEFITS Rehabilitation During a Period of Disability If the Insurance Company determines that a Disabled Employee is a suitable candidate for rehabilitation, the Insurance Company may require the Employee to participate in a Rehabilitation Plan and assessment at our expense. The Insurance Company has the sole discretion to approve the Employee's participation in a Rehabilitation Plan and to approve a program as a Rehabilitation Plan. The Insurance Company will work with the Employee, the Employer and the Employee's Physician and others, as appropriate, to perform the assessment, develop a Rehabilitation Plan, and discuss return to work opportunities. The Rehabilitation Plan may, at the Insurance Company's discretion, allow for payment of the Employee's medical expense, education expense, moving expense, accommodation expense or family care expense while he or she participates in the program. If an Employee fails to fully cooperate in all required phases of the Rehabilitation Plan and assessment without Good Cause, no Disability Benefits will be paid, and insurance will end. TL -007501.00 Survivor Benefit The Insurance Company will pay a Survivor Benefit if an Employee dies while Monthly Benefits are payable. The Employee must have been continuously Disabled for the Survivor Benefit Waiting Period before the first benefit is payable. These benefits will be payable for the Maximum Benefit Period for Survivor Benefits. Benefits will be paid to the Employee's Spouse. If there is no Spouse, benefits will be paid in equal shares to the Employee's surviving Children. If there are no Spouse and no Children, benefits will be paid to the Employee's estate. "Spouse" means an Employee's lawful spouse. "Children" means an Employee's unmarried children under age 21 who are chiefly dependent upon the Employee for support and maintenance. The term includes a stepchild living with the Employee at the time of his or her death. TL -005107 TERMINATION OF DISABILITY BENEFITS Benefits will end on the earliest of the following dates: 1. the date the Employee earns from any occupation, more than the percentage of Indexed Earnings set forth in the definition of Disability applicable to him or her at that time; 2. the date the Insurance Company determines he or she is not Disabled; 3. the end of the Maximum Benefit Period; 4. the date the Employee dies; 5. the date the Employee refuses, without Good Cause, to fully cooperate in all required phases of the Rehabilitation Plan and assessment; 6. the date the Employee is no longer receiving Appropriate Care; 7. the date the Employee fails to cooperate with the Insurance Company in the administration of the claim. Such cooperation includes, but is not limited to, providing any information or documents needed to determine whether benefits are payable or the actual benefit amount due. Benefits may be resumed if the Employee begins to cooperate fully in the Rehabilitation Plan within 30 days of the date benefits terminated. TL -007502.00 17 Item 7: Staff Report Pg. 121 Packet Pg. 370 of 462 Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Item 7 Attachment D - New York Life Insurance (Life Disability), Contract EXCLUSIONS C25191558 The Insurance Company will not pay any Disability Benefits for a Disability that results, directly or indirectly, from: 1. suicide, attempted suicide, or self-inflicted injury while sane or insane. 2. war or any act of war, whether or not declared. 3. active participation in a riot. 4. commission of a felony. 5. the revocation, restriction or non -renewal of an Employee's license, permit or certification necessary to perform the duties of his or her occupation unless due solely to Injury or Sickness otherwise covered by the Policy. In addition, the Insurance Company will not pay Disability Benefits for any period of Disability during which the Employee is incarcerated in a penal or corrections institution. TL -007503.00 CLAIM PROVISIONS Notice of Claim Written notice, or notice by any other electronic/telephonic means authorized by the Insurance Company, must be given to the Insurance Company within 31 days after a covered loss occurs or begins or as soon as reasonably possible. If written notice, or notice by any other electronic/telephonic means authorized by the Insurance Company, is not given in that time, the claim will not be invalidated or reduced if it is shown that notice was given as soon as was reasonably possible. Notice can be given at our home office in Philadelphia, Pennsylvania or to our agent. Notice should include the Employer's Name, the Policy Number and the claimant's name and address. Claim Forms When the Insurance Company receives notice of claim, the Insurance Company will send claim forms for filing proof of loss. If claim forms are not sent within 15 days after notice is received by the Insurance Company, the proof requirements will be met by submitting, within the time required under the "Proof of Loss" section, written proof, or proof by any other electronic/telephonic means authorized by the Insurance Company, of the nature and extent of the loss. Claimant Cooperation Provision Failure of a claimant to cooperate with the Insurance Company in the administration of the claim may result in termination of the claim. Such cooperation includes, but is not limited to, providing any information or documents needed to determine whether benefits are payable or the actual benefit amount due. Insurance Data The Employer is required to cooperate with the Insurance Company in the review of claims and applications for coverage. Any information the Insurance Company provides in these areas is confidential and may not be used or released by the Employer if not permitted by applicable privacy laws. 18 Item 7: Staff Report Pg. 122 Packet Pg. 371 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Proof of Loss Written proof of loss, or proof by any other electronic/telephonic means authorized by the Insurance Company, must be given to the Insurance Company within 90 days after the date of the loss for which a claim is made. If written proof of loss, or proof by any other electronic/telephonic means authorized by the Insurance Company, is not given in that 90 day period, the claim will not be invalidated nor reduced if it is shown that it was given as soon as was reasonably possible. In any case, written proof of loss, or proof by any other electronic/telephonic means authorized by the Insurance Company, must be given not more than one year after that 90 day period. If written proof of loss, or proof by any other electronic/telephonic means authorized by the Insurance Company, is provided outside of these time limits, the claim will be denied. These time limits will not apply while the person making the claim lacks legal capacity. Written proof, or proof by any other electronic/telephonic means authorized by the Insurance Company, that the loss continues must be furnished to the Insurance Company at intervals required by us. Within 30 days of a request, written proof of continued Disability and Appropriate Care by a Physician must be given to the Insurance Company. Time of Payment Disability Benefits will be paid at regular intervals of not less frequently than once a month. Any balance, unpaid at the end of any period for which the Insurance Company is liable, will be paid at that time. To Whom Payable Disability Benefits will be paid to the Employee. If any person to whom benefits are payable is a minor or, in the opinion of the Insurance Company, is not able to give a valid receipt, such payment will be made to his or her legal guardian. However, if no request for payment has been made by the legal guardian, the Insurance Company may, at its option, make payment to the person or institution appearing to have assumed custody and support. If an Employee dies while any Disability Benefits remain unpaid, the Insurance Company may, at its option, make direct payment to any of the following living relatives of the Employee: spouse, mother, father, children, brothers or sisters; or to the executors or administrators of the Employee's estate. The Insurance Company may reduce the amount payable by any indebtedness due. Payment in the manner described above will release the Insurance Company from all liability for any payment made. Physical Examination and Autopsy The Insurance Company, at its expense, will have the right to examine any person for whom a claim is pending as often as it may reasonably require. The Insurance Company may, at its expense, require an autopsy unless prohibited by law. Legal Actions No action at law or in equity may be brought to recover benefits under the Policy less than 60 days after written proof of loss, or proof by any other electronic/telephonic means authorized by the Insurance Company, has been furnished as required by the Policy. No such action shall be brought more than 3 years after the time satisfactory proof of loss is required to be furnished. Time Limitations If any time limit stated in the Policy for giving notice of claim or proof of loss, or for bringing any action at law or in equity, is less than that permitted by the law of the state in which the Employee lives when the Policy is issued, then the time limit provided in the Policy is extended to agree with the minimum permitted by the law of that state. Physician/Patient Relationship The Insured will have the right to choose any Physician who is practicing legally. The Insurance Company will in no way disturb the Physician/patient relationship. TL -004724 19 Item 7: Staff Report Pg. 123 Packet Pg. 372 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 ADMINISTRATIVE PROVISIONS Premiums The premiums for this Policy will be based on the rates currently in force, the plan and the amount of insurance in effect. Changes in Premium Rates The premium rates may be changed by the Insurance Company from time to time with at least 31 days advance written notice. No change in rates will be made until 36 months after the Policy Effective Date. An increase in rates will not be made more often than once in a 12 month period. However, the Insurance Company reserves the right to change the rates even during a period for which the rate is guaranteed if any of the following events take place. 1. The terms of the Policy change. 2. A division, subsidiary, affiliated company or eligible class is added or deleted from the Policy. 3. There is a change in the factors bearing on the risk assumed. 4. Any federal or state law or regulation is amended to the extent it affects the Insurance Company's benefit obligation. 5. The Insurance Company determines that the Employer has failed to promptly furnish any necessary information requested by the Insurance Company, or has failed to perform any other obligations in relation to the Policy. If an increase or decrease in rates takes place on a date that is not a Premium Due Date, a pro rata adjustment will apply from the date of the change to the next Premium Due Date. Reporting Requirements The Employer must, upon request, give the Insurance Company any information required to determine who is insured, the amount of insurance in force and any other information needed to administer the plan of insurance. Payment of Premium The first premium is due on the Policy Effective Date. After that, premiums will be due monthly unless the Employer and the Insurance Company agree on some other method of premium payment. If any premium is not paid when due, the plan will be canceled as of the Premium Due Date, except as provided in the Policy Grace Period section. Notice of Cancellation The Employer or the Insurance Company may cancel the Policy as of any Premium Due Date by giving 31 days advance written notice. If a premium is not paid when due, the Policy will automatically be canceled as of the Premium Due Date, except as provided in the Policy Grace Period section. Policy Grace Period A Policy Grace Period of 60 days will be granted for the payment of the required premiums under this Policy. This Policy will be in force during the Policy Grace Period. The Employer is liable to the Insurance Company for any unpaid premium for the time this Policy was in force. Grace Period for the Insured If the required premium is not paid on the Premium Due Date, there is a 60 day grace period after each premium due date after the first If the required premium is not paid during the grace period, insurance will end on the last day for which premium was paid. 20 Item 7: Staff Report Pg. 124 Packet Pg. 373 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract Reinstatement of Insurance C25191558 An Employee's insurance maybe reinstated if it ends because the Employee is on an unpaid leave of absence. An Employee's insurance may be reinstated only if reinstatement occurs within 12 weeks from the date insurance ends due to an Employer approved unpaid leave of absence or must be returning from military service pursuant to the Uniformed Services Employment and Reemployment Rights Act of 1994 (USERRA). For insurance to be reinstated the following conditions must be met. 1. An Employee must be in a Class of Eligible Employees. 2. The required premium must be paid. 3. A written request for reinstatement must be received by the Insurance Company within 31 days from the date an Employee returns to Active Service. Reinstated insurance will be effective on the date the Employee returns to Active Service. If an Employee did not fully satisfy the Eligibility Waiting Period or the Pre -Existing Condition Limitation (if any) before insurance ended due to an unpaid leave of absence, credit will be given for any time that was satisfied. TL -004720 GENERAL PROVISIONS Entire Contract The entire contract will be made up of the Policy, the application of the Employer, a copy of which is attached to the Policy, and the applications, if any, of the Insureds. Incontestability All statements made by the Employer or by an Insured are representations not warranties. No statement will be used to deny or reduce benefits or as a defense to a claim, unless a copy of the instrument containing the statement has been furnished to the claimant. In the event of death or legal incapacity, the beneficiary or representative must receive the copy. After two years from an Insured's effective date of insurance, or from the effective date of any added or increased benefits, no such statement will cause insurance to be contested except for fraud or eligibility for coverage. Misstatement of Age If an Insured's age has been misstated, the Insurance Company will adjust all benefits to the amounts that would have been purchased for the correct age. Policy Changes No change in the Policy will be valid until approved by an executive officer of the Insurance Company. This approval must be endorsed on, or attached to, the Policy. No agent may change the Policy or waive any of its provisions. Workers' Compensation Insurance The Policy is not in lieu of and does not affect any requirements for insurance under any Workers' Compensation Insurance Law. Certificates A certificate of insurance will be delivered to the Employer for delivery to Insureds. Each certificate will list the benefits, conditions and limits of the Policy. It will state to whom benefits will be paid. 21 Item 7: Staff Report Pg. 125 Packet Pg. 374 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Assignment of Benefits The Insurance Company will not be affected by the assignment of an Insured's certificate until the original assignment or a certified copy of the assignment is filed with the Insurance Company. The Insurance Company will not be responsible for the validity or sufficiency of an assignment. An assignment of benefits will operate so long as the assignment remains in force provided insurance under the Policy is in effect. This insurance may not be levied on, attached, garnisheed, or otherwise taken for a person's debts. This prohibition does not apply where contrary to law. Clerical Error A person's insurance will not be affected by error or delay in keeping records of insurance under the Policy. If such an error is found, the premium will be adjusted fairly. Agency The Employer and Plan Administrator are agents of the Employee for transactions relating to insurance under the Policy. The Insurance Company is not liable for any of their acts or omissions. TL -004726 Certain Internal Revenue Code (IRC) & Internal Revenue Service (IRS) Functions The Insurer may agree with the Subscriber to perform certain functions required by the Internal Revenue Code and IRS regulations. Such functions may include the preparation and filing of wage and tax statements (Form W-2) for disability benefit payments made under this Policy. In consideration of the payment of premiums by the Subscriber, the Insurer waives the right to transfer liability with respect to the employer taxes imposed on the Insurer by IRS Regulation 32.1(e)(1) for monthly Disability payments made under this Policy. Employee money may not be used to fund the Premium for the services and payments of this section. TL -009230.00 DEFINITIONS Please note, certain words used in this document have specific meanings. These terms will be capitalized throughout this document. The definition of any word, if not defined in the text where it is used, may be found either in this Definitions section or in the Schedule of Benefits. Active Service An Employee is in Active Service on a day which is one of the Employer's scheduled work days if either of the following conditions are met. 1. The Employee is performing his or her regular occupation for the Employer on a full-time basis. He or she must be working at one of the Employer's usual places of business or at some location to which the employer's business requires an Employee to travel. 2. The day is a scheduled holiday or vacation day and the Employee was performing his or her regular occupation on the preceding scheduled work day. An Employee is in Active Service on a day which is not one of the Employer's scheduled work days only if he or she was in Active Service on the preceding scheduled work day. Appropriate Care Appropriate Care means the determination of an accurate and medically supported diagnosis of the Employee's Disability by a Physician, or a plan established by a Physician of ongoing medical treatment and care of the Disability that conforms to generally accepted medical standards, including frequency of treatment and care. 22 Item 7: Staff Report Pg. 126 Packet Pg. 375 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Consumer Price Index (CPI -W) The Consumer Price Index for Urban Wage Earners and Clerical Workers published by the U.S. Department of Labor. If the index is discontinued or changed, another nationally published index that is comparable to the CPI -W will be used. Disability Earnings Any wage or salary for any work performed for any employer during the Employee's Disability, including commissions, bonus, overtime pay or other extra compensation. Employee For eligibility purposes, an Employee is an employee of the Employer in one of the "Classes of Eligible Employees." Otherwise, Employee means an employee of the Employer who is insured under the Policy. Employer The Employer who has subscribed to the Policyholder and for the benefit of whose Employees this policy has been issued. The Employer, named as the Subscriber on the front of this Policy, includes any affiliates or subsidiaries covered under the Policy. The Employer is acting as an agent of the Insured for transactions relating to this insurance. The actions of the Employer shall not be considered the actions of the Insurance Company. Full-time Full-time means the number of hours set by the Employer as a regular work day for Employees in the Employee's eligibility class. Good Cause A medical reason preventing participation in the Rehabilitation Plan. Satisfactory proof of Good Cause must be provided to the Insurance Company. Indexed Earnings For the first 12 months Monthly Benefits are payable, Indexed Earnings will be equal to Covered Earnings. After 12 Monthly Benefits are payable, Indexed Earnings will be an Employee's Covered Earnings plus an increase applied on each anniversary of the date Monthly Benefits became payable. The amount of each increase will be the lesser of: 1. 10% of the Employee's Indexed Earnings during the preceding year of Disability; or 2. the rate of increase in the Consumer Price Index (CPI -W) during the preceding calendar year. Injury Any accidental loss or bodily harm which results directly and independently of all other causes from an Accident. Insurability Requirement An eligible person will satisfy the Insurability Requirement for an amount of coverage on the day the Insurance Company agrees in writing to accept him or her as insured for that amount. To determine a person's acceptability for coverage, the Insurance Company will require evidence of good health and may require it be provided at the Employee's expense. Insurance Company The Insurance Company underwriting the Policy is named on the Policy cover page. Insured A person who is eligible for insurance under the Policy, for whom insurance is elected, the required premium is paid and coverage is in force under the Policy. 23 Item 7: Staff Report Pg. 127 Packet Pg. 376 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract Physician C25191558 Physician means a licensed doctor practicing within the scope of his or her license and rendering care and treatment to an Insured that is appropriate for the condition and locality. The term does not include an Employee, an Employee's spouse, the immediate family (including parents, children, siblings or spouses of any of the foregoing, whether the relationship derives from blood or marriage), of an Employee or spouse, or a person living in an Employee's household. Prior Plan The Prior Plan refers to the plan of insurance providing similar benefits sponsored by the Employer in effect directly prior to the Policy Effective Date. A Prior Plan will include the plan of a company in effect on the day prior to that company's addition to this Policy after the Policy Effective Date. Regular Occupation The occupation the Employee routinely performs at the time the Disability begins. In evaluating the Disability, the Insurance Company will consider the duties of the occupation as it is normally performed in the general labor market in the national economy. It is not work tasks that are performed for a specific employer or at a specific location. Rehabilitation Plan A written plan designed to enable the Employee to return to work. The Rehabilitation Plan will consist of one or more of the following phases: 1. rehabilitation, under which the Insurance Company may provide, arrange or authorize educational, vocational or physical rehabilitation or other appropriate services; 2. work, which may include modified work and work on a part-time basis. Sickness Any physical or mental illness. TL -007500.00 24 Item 7: Staff Report Pg. 128 Packet Pg. 377 of 462 Item 7 Attachment D- New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 Life Insurance Company of North America a stock insurance company Rider to Group Policy No. LK-961943 Effective Date of Rider: January 1, 2009 Eligible Classes to which this Rider applies: All Classes MODIFICATION OF GROUP DISABILITY POLICY TO ADD DOMESTIC PARTNER AS AN ELIGIBLE SURVIVOR UNDER THE SURVIVOR BENEFIT The Survivor Benefit are modified in the Policy as follows: All references to the term "Spouse" are replaced by "Spouse or Domestic Partner" except for the following references: a The first reference to "Spouse" in the benefit text is changed to "Spouse, or Domestic Partner if there is no Spouse," b. The text pertaining to the definition of "Spouse" remains unchanged. 2. The following definition of Domestic Partner is added. "Domestic Partner" means a person who is registered as the Employee's domestic partner with the California Secretary of State. Except for the above, this Rider does not change the Group Policy to which it is attached. Life Insurance Company of North America By: Karen S. Rohan, President TL -007152-1.05 25 Item 7: Staff Report Pg. 129 Packet Pg. 378 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract IMPORTANT CHANGES FOR STATE REOUIREM C25191558 If an Employee resides in one of the following states, the provisions of the certificate are modified for residents of the following states. The modifications listed apply only to residents of that state. Louisiana residents: The percentage of Indexed Earnings, if any, that qualifies an insured to meet the definition of Disability/Disabled may not be less than 80%. Minnesota residents: The Pre-existing Condition Limitation, if any, may not be longer than 24 months from the insured's most recent effective date of insurance. Texas residents: Any provision offsetting or otherwise reducing any benefit by an amount payable under an individual or franchise policy will not apply. 26 Item 7: Staff Report Pg. 130 Packet Pg. 379 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 LIFE INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, PA 19192-2235 We, City of Palo Alto, whose main office address is Palo Alto, CA, hereby approve and accept the terms of Group Policy Number LK-961943 issued by the LIFE INSURANCE COMPANY OF NORTH AMERICA to the TRUSTEE OF THE GROUP INSURANCE TRUST FOR EMPLOYERS IN THE PUBLIC ADMINISTRATION INDUSTRY. This form is to be signed in duplicate. One part is to be retained by City of Palo Alto; the other part is to be returned to the LIFE INSURANCE COMPANY OF NORTH AMERICA. City of Palo Alto Signature and Title: Date: (This Copy Is To Be Returned To Life Insurance Company of North America) LIFE INSURANCE COMPANY OF NORTH AMERICA PHILADELPHIA, PA 19192-2235 We, City of Palo Alto, whose main office address is Palo Alto, CA, hereby approve and accept the terms of Group Policy Number LK-961943 issued by the LIFE INSURANCE COMPANY OF NORTH AMERICA to the TRUSTEE OF THE GROUP INSURANCE TRUST FOR EMPLOYERS IN THE PUBLIC ADMINISTRATION INDUSTRY. This form is to be signed in duplicate. One part is to be retained by City of Palo Alto; the other part is to be returned to the LIFE INSURANCE COMPANY OF NORTH AMERICA. City of Palo Alto Signature and Title: Date: (This Copy Is To Be Retained By City of Palo Alto) Item 7: Staff Report Pg. 131 Packet Pg. 380 of 462 Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E GROUP BENEFIT SOLUTIONS Date: October 17th, 2024 Alliant Insurance Services Subject: CITY OF PALO ALTO, INC.- JANUARY 1ST, 2O25 Disability Renewal Policy Number: LK961943 Dear Reagan: Item 7 Attachment D - New York Life Insurance (Life Disability), Contract C25191558 Terri Prince Senior Account Executive Terri_prince@newyorklife.com Thank you for choosing New York Life Group Benefit Solutions to provide Life, Accident, and Disability benefits for CITY OF PALO ALTO, INC. these past years. We appreciate the opportunity to help meet the employee benefit needs of your client. Based on the group's experience, current plan design, and demographics, NYL GBS is pleased to be able to offer a competitive renewal package for JANUARY 1ST, 2025. We have proposed a rate reduction for LTD and a 3 year Rate Guarantee. The attached Renewal Rate Summary provides the rates for the current LTD plan for the current in force rates and at renewal and rate guarantee. City of Palo Alto can choose to adopt the plan design options listed below between 1/1/2025-1/1/2028 depending on negotiations with the union and New York Life will make the agreed upon changes and continue the rate guarantee until 12/31/2027. If you have any questions please do not hesitate to contact New York Life. Class Benefit Rate Rate basis Class 1 Option 1 100% class 1 enrollment: Gross monthly 0.325 Per $100 of covered benefit: 60% of your monthly covered earnings. payroll Maximum gross monthly benefit: $4000 Elimination period: 45 days Option 2 Buy Up: Gross monthly benefit: 66.67% of 0.370 Per $100 of covered your monthly covered earnings. payroll Maximum gross monthly benefit: $7000 Elimination period: 45 days Class 2 Gross monthly benefit: 66.67% of your monthly 0.310 Per $100 of covered covered earnings. payroll Maximum gross monthly benefit: $10,000 Elimination period: 45 days Thank you for the opportunity Sincerely, Terri Prince Danica Bracy New York Life Group Benefit Solutions 1 O 2021, New York Life Insurance Company, New York, NY. All rights reserved. NEW YORK LIFE and the New York Life box logo are registered trademarks of New York Life Insurance Company. Products and services are provided by Life Insurance Company of North America and New York Life Group Insurance Company of NY, subsidiaries of New York Life Insurance Company. Item 7: Staff Report Pg. 132 Packet Pg. 381 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 EXHIBIT B SCHEDULE OF PERFORMANCE COMPANY shall provide Insurance benefits as specified in EXHIBIT "A" Scope of Services. Item 7: Staff Report Pg. 133 Packet Pg. 382 of 462 Item 7 Attachment D - New York Life Insurance (Life Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract C25191558 EXHIBIT C COMPENSATION The CITY agrees to compensate the COMPANY for insurance performed in accordance with the terms and conditions of this Agreement based on the rate schedules within Exhibits A-1, A-2 and A-3. The compensation to be paid to COMPANY under this Agreement for all services described in Exhibit "A" ("Services") and reimbursable expenses shall not exceed $2,369,215.56. In the event that, during any fiscal year of the City, the total required insurance premiums exceeds the amount stated above, as a result of increased enrollment or increased volume of coverage: (1) the parties will amend this provision to increase the authorized compensation; or, (2) Exhibits A-1, A-2, and A-3 shall lapse according to their terms, subject to any grace period provisions contained therein. COMPANY agrees to complete all Services, including reimbursable expenses, within this amount. Regardless of any such amendment, the terms of the insurance policies shall control. NO REIMBURSABLE EXPENSES CITY'S sole financial obligation to COMPANY shall be the payment of premiums as provided in the Policies. ADDITIONAL SERVICES The COMPANY shall provide additional services only by advanced, written authorization from the CITY. The COMPANY, at the CITY's project manager's request, shall submit a detailed written proposal including a description of the scope of services, schedule, level of effort, and COMPANY's proposed maximum compensation, including reimbursable expenses, for such services based on the rates set forth in such proposal. The additional services scope, schedule and maximum compensation shall be negotiated and agreed to in writing by the CITY's Project Manager and COMPANY prior to commencement of the services. Payment for additional services is subject to all requirements and restrictions in this Agreement. Item 7: Staff Report Pg. 134 Packet Pg. 383 of 462 Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E EXHIBIT D INSURANCE REQUIREMENTS Item 7 Attachment D - New York Life Insurance (Life Disability), Contract C25191558 CONTRACTORS WITH THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CITY'S INSURANCE REQUIREMENTS AS SPECIFIED HEREIN. MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES WORKER'S COMPENSATION STATUTORY STATUTORY STATUTORY YES EMPLOYER'S LIABILITY STATUTORY YES GENERAL LIABILITY, INCLUDING BODILY INJURY $1,000,000 $1,000,000 PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY $1,000,000 $1,000,000 LIABILITY DAMAGE COMBINED. BODILY INJURY $1,000,000 $1,000,000 - EACH PERSON $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, - EACH OCCURRENCE $1,000,000 $1,000,000 INCLUDING ALL OWNED, HIRED, PROPERTY DAMAGE $1,000,000 $1,000,000 NON -OWNED BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND $1,000,000 (per claim and annual OMISSIONS, MALPRACTICE (WHEN ALL DAMAGES aggregate) APPLICABLE), AND NEGLIGENT PERFORMANCE CYBER AND PRIVACY INSURANCE SUCH INSURANCE SHALL INCLUDE COVERAGE FOR LIABILITYARISING FROM THEFT, DISSEMINATION, DESTRUCTION OF INFORMATION, AND/OR USE OF CONFIDENTIAL INFORMATION INCLUDING BUT NOT LIMITED TO, BANK AND CREDIT CARD YES ACCOUNT INFORMATION OR ALL DAMAGES $1,000,000 (per claim and annual aggregate) PERSONAL INFORMATION, SUCH AS NAME, ADDRESS, SOCIAL SECURITY NUMBERS, PROTECTED HEALTH INFORMATION OR OTHER PERSONAL IDENTIFICATION INFORMATION, STORED OR TRAMSITTED IN ELECTRONIC FORM. Item 7: Staff Report Pg. 135 Packet Pg. 384 of 462 Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Item 7 Attachment D - New York Life Insurance (Life Disability), Contract C25191558 YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT'S AGREEMENT TO INDEMNIFY CITY. (general liability and automobile liability only) II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: PURCHASINGSUPPORTgCITYOFPALOALTO.ORG III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS: A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. (general liability and automobile liability only) B. CROSS LIABILITY THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. (general liability and automobile liability only) C. NOTICE OF CANCELLATION IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL: PURCHASINGSUPPORT(a,CITYOFPALOALTO.ORG Item 7: Staff Report Pg. 136 Packet Pg. 385 of 462 Item 8 Item 8 Staff Report CITY OF PALO ALTO City Council Staff Report From: City Attorney Report Type: CONSENT CALENDAR Lead Department: City Attorney Meeting Date: March 17, 2025 Report #:2502-4219 TITLE Authorization to Execute Amendment to Legal Services Agreement S23187569 with Howard Rome Martin Ridley & Master LLP dba Ridley Master to Increase Amount by $60,000 for Total Not -to -Exceed Amount of $315,000; CEQA Status — Not a Project. RECOMMENDATION Authorize the City Attorney or designee to amend the agreement for litigation defense services with the law firm of Ridley Master (Contract S23187569) to increase the agreement amount by $60,000 for a total not -to -exceed amount of $315,000. BACKGROUND Ridley Master is a law firm specializing in civil defense litigation. In February 2023, the City entered into a three-year agreement (S23187569) with Ridley Master for litigation defense services in civil suit Rossner v. City of Palo Alto, etal., Santa Clara Co. Sup. Ct. Case No. 23 -CV -410650. Staff now seeks authority to increase the agreement amount by $60,000 which will bring the new not to exceed amount to $315,000. Litigation defense is continuing in this matter. FISCAL/RESOURCE IMPACT Funding for this amendment does not require additional budgetary authority as it can be accommodated within existing budgets. STAKEHOLDER ENGAGEMENT The City Attorney's Office works closely with the City Manager and department personnel on dispute resolution and defense. Item 8: Staff Report Pg. 1 Packet Pg. 386 of 462 Item 8 Item 8 Staff Report ENVIRONMENTAL REVIEW Amendment of a legal services contract is not a project requiring environmental review under the California Environmental Quality Act (CEQA) (See CEQA Guidelines 15378(b)(5), administrative activities that will not result in direct or indirect physical changes in the environment). APPROVED BY: Molly Stump, City Attorney Item 8: Staff Report Pg. 2 Packet Pg. 387 of 462 Item 9 Item 9 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: CONSENT CALENDAR PALO Lead Department: Planning and Development Services ALTO Meeting Date: March 17, 2025 Report #:2501-4069 TITLE PUBLIC HEARING / QUASI-JUDICIAL. 4335 and 4345 El Camino Real [24PLN-00153]: Applicant's Request for Approval of a Vesting Tentative Map to Allow for a Condominium Subdivision to Create Eight Units on a 17,406 Square Foot Parcel and to Create 21 Units on a 41,370 Square Foot Parcel to Facilitate Construction of 29 New Residential Units in Five Buildings (24PLN- 00152). CEQA Status: Exempt from CEQA in Accordance with CEQA Guidelines Section 15332 (In -Fill Development). RECOMMENDATION Staff recommends the City Council take the following actions: 1. Consider the project exempt from CEQA in accordance with CEQA Guidelines Section 15532 (in -fill) as documented in Attachment D; and 2. Approve the Vesting Tentative Map based on findings and subject to conditions of approval in the Draft Record of Land Use Action (RLUA) in Attachment B. EXECUTIVE SUMMARY The applicant requests approval of a Vesting Tentative Map to allow eight residential condominium units on the existing, 17,406 square foot parcel located at 4335 El Camino Real, and 21 residential condominium units on the existing, 41,370 square foot parcel located at 4345 El Camino Real, for a total of 29 condominium units. Through a separate, Streamlined Housing Development Review Entitlement Process, the applicant proposed, and the Director of Planning and Development Services (Director) conditionally approved, construction of a 29 -unit residential townhome project. Four units would be provided at below market rate and made affordable to moderate income households (80-120% of Area Median Income). The applicant would also pay in -lieu fees for the remaining 0.35 unit in in -lieu fees, resulting in a total commitment at 15% of the units. BACKGROUND The proposed project includes a request for approval of a Vesting Tentative Map to create eight residential condominium units on the existing, 17,406 square foot parcel located at 4335 El Item 9: Staff Report Pg. 1 Packet Pg. 388 of 462 Item 9 Item 9 Staff Report Camino Real, and 21 residential condominium units on the existing, 41,370 square foot parcel located at 4345 El Camino Real, for a total of 29 condominium units. Approval of the map also includes acceptance of proposed public utility easements and private streets on the parcel, which are required per City of Palo Alto Utility and Public Works Engineering Department standards, respectively. A location map is included in Attachment A. A link to the proposed Vesting Tentative Map is included in Attachment C. On February 19, 2025, the proposed improvements associated with this condominium subdivision were conditionally approved by the Director, following the September 19, 2024 ARB meeting,' in accordance with the Streamlined Housing Development Review Process. The project includes demolition of a commercial building located at 4335 El Camino Real, which contained retail and personal service uses, and a motel located at 4345 El Camino Real. Requested Entitlements, Findings, and Purview: The following discretionary application is requested: • Vesting Tentative Map: The process for evaluating this type of application is set forth in Title 21 of the Palo Alto Municipal Code (PAMC) and California Government Code 66474. The process for approval of a Vesting Tentative Map for a condominium subdivision is outlined in PAMC Sections 21.12.010 and 21.13.020. Vesting Tentative Maps require Planning and Transportation Commission (PTC) review and final decision by Council. The PTC reviews whether the amended subdivision is consistent with the Subdivision Map Act (in particular, Government Code 66474), Title 21 of the Palo Alto Municipal Code, the Palo Alto Comprehensive Plan, and other applicable provisions of the Palo Alto Municipal Code and State Law. The PTC's recommendation is forwarded to the City Council for final approval. In accordance with Title 21 of the Palo Alto Municipal Code, all entitlements are required to be completed prior to approval of the Vesting Tentative Map. In compliance with this requirement, the applicant's request for Streamlined Housing Development Review was conditionally approved on February 19, 2025. Planning and Transportation Commission Hearing On February 26, 2025, the PTC unanimously recommend that Council find the project exempt from CEQA in accordance with CEQA Guidelines Section 15332; and approve the Vesting Tentative Map based on the finding and subject to the conditions of approval included in the PTC staff report. Some minor inconsistencies noted by a commissioner in the Draft Record of Land Use Action have been corrected. 1 Link to the September 19, 2024 ARB Staff Report: https://cityofpaloaIto.primegov.com/Portal/Meeting?meetingTemplate Id=13905, Video: https://youtube.com/watch?v=WEp4UeH1ghM?feature=share Item 9: Staff Report Pg. 2 Packet Pg. 389 of 462 Item 9 Item 9 Staff Report ANALYSIS The proposed project under consideration is the Vesting Tentative Map. The Director conditionally approved the proposed site improvements associated with this condominium subdivision. The map also includes dedication of relevant public utility easements associated with the new site improvements. Neighborhood Setting and Character This property is located adjacent to the City boundaries with both the City of Mountain View to the south and the City of Los Altos to the west. The property currently contains one- and two- story commercial buildings, which contain retail and personal service uses (4335 El Camino Real) and a hotel use (4345 El Camino Real). The 4345 El Camino Real site is directly adjacent to a five -story apartment building located within the City of Mountain View and the 4333-4335 parcel is immediately adjacent a four-story hotel (Homewood Suites). Behind the project site along Cesano Court is a condominium building and seven single-family homes located within PC -3036. This PC project also established the current lot configuration on the subject property, which is why the project plans refer to 4333-4335 El Camino Real as "parcel 1" and 4345 El Camino Real as "parcel 3". Across El Camino Real in Los Altos is a three-story hotel and a gas station. The Los Altos City Council has approved demolition of the gas station and development of a five -story multi -family complex. Consistency with the Comprehensive Plan, Area Plans, and Guidelines2 The proposed Vesting Tentative Map is consistent with the Comprehensive Plan, in that the site is designated as the "Commercial Service" land use designation, which allows for multi -family residential uses. The site is also identified as a Housing Inventory Site in the Housing Element; therefore, development of the site with multi -family residential use is appropriate and consistent with the Housing Element, as discussed further below. The map facilitates the redevelopment of a parcel within the City's urban service area which is consistent Policy L-1.2 of the Comprehensive Plan. The associated development to be constructed on the lot would add new residential units that contribute to the housing inventory including four affordable housing units, consistent with Goal 2 of the Housing Element, which states, "assist in the provision of safe, attainable, and sustainable housing, especially affordable housing, to meet the needs of all economic segments of the community." Consistencies with other Comprehensive Plan policies are included in Attachment B. Housing Element Both 4335 and 4345 El Camino Real are Housing Inventory Sites (HIS) in the City's adopted Housing Element. The 4335 El Camino Real parcel has a projected capacity of 12 units where 8 units are proposed, and the 4345 El Camino Real parcel has a projected capacity of 31 units where 21 units are proposed. This is a total of 14 units below the anticipated capacity for the two sites combined. In preparing the Housing Element to meet the City's required Regional 2 The Palo Alto Comprehensive Plan is available online: bit.ly/PACompPlan203O Item 9: Staff Report Pg. 3 Packet Pg. 390 of 462 Item 9 Item 9 Staff Report Housing Needs Allocation (RHNA) of 6,086 units, the City planned for and analyzed a buffer, meaning that in identifying HIS, the City planned an additional 727 units to accommodate for the fact that actual development of housing projects across the City are dependent on numerous factors. Therefore, although the project does not build to the identified capacity for the site, the project still proposes a housing development project on a HIS and includes four inclusionary below market rate units on site, consistent with the City's goals of providing housing. The difference in the number of units between the 43 units identified in the housing element and the 29 proposed is accounted for within the allotted buffer. Therefore, re - designation of another HIS to accommodate this difference is not required. Staff continues to monitor the housing element inventory and buffer to stay in compliance with state law. Zoning Compliance3 The site is zoned CS (Service Commercial). The proposed multi -family development is a permitted use within the CS Zone District and the applicant requested relief from retail preservation requirements through use of State Density Bonus waivers and concessions. The size of the parcels would not change and is consistent with code requirements for the zoning district, which has no minimum lot size requirements. Likewise, CS -zoned parcels have no maximum density, and therefore the proposed 20-22 du/ac is sufficient. Staff finds that the proposed Vesting Tentative Map complies with these code requirements for parcels. The proposed public streets meet the minimum 32 -foot width as required by PAMC Section 21.20.240. Multi -Modal Access & Parking As a housing development project proposed in accordance with State Density Bonus Law, this project is required to provide 1.5 space per unit and no guest spaces are required. The applicant proposes two parking spaces per unit (for a total of 56 spaces) plus two guest spaces on the site, and therefore exceeds this requirement. The project proposes two new private streets to provide access from Cesano Court to each of the units. The proposed project is anticipated to provide fewer net trips than the existing uses. There are no existing bike lanes on Cesano Court or El Camino Real in the vicinity of the project. The planned El Camino Real improvements will add a bike lane on El Camino Real in this location. Consistency with Application Findings As detailed in Attachment B, staff's and the PTC's review of the project concludes all required findings for a Vesting Tentative Map can be met and facilitates development of a housing development project that is consistent with the City's regulations, goals, and policies. 3 The Palo Alto Zoning Code is available online: bit.ly/PAZoningCode Item 9: Staff Report Pg. 4 Packet Pg. 391 of 462 Item 9 Item 9 Staff Report FISCAL/RESOURCE IMPACT The developer would be required to pay all applicable development impact fees estimated to total $2,118,286. for the subdivision and the proposed improvements, plus the applicable public art fees, as documented in Condition of Approval #6 in Attachment B and detailed further in Condition of Approval #17 in the Tentative Approval Letter for the Streamlined Housing Development Project Review Approval. STAKEHOLDER ENGAGEMENT The Palo Alto Municipal Code requires notice of this public hearing be published in a local paper and mailed to owners and occupants of property within 600 feet of the subject property at least ten days in advance. Notice of a public hearing for this project was published in the Daily Post on February 14, 2025, which is 12 days in advance of the meeting. Postcard mailing occurred on February 12, 2025, which is 14 days in advance of the meeting. Public Comments As of the writing of this report, no project -related, public comments were received related to the Vesting Tentative Map. Comments received on the proposed Streamlined Housing Review application are included in Attachment C. Two members of the public advocated for a connection to the existing bicycle path from Mountain View at the rear of the neighboring development to Cesano Court. However, the connection point to Cesano Court is not part of the subject property. The connection point would affect a neighboring parcel that is currently owned by the residents of the neighboring condominiums. Modifications to this parcel would require unanimous approval of all the condominium owners and the applicant does not have the authority to agree to this work. ENVIRONMENTAL REVIEW The subject project has been assessed in accordance with the authority and criteria contained in the California Environmental Quality Act (CEQA), the State CEQA Guidelines, and the environmental regulations of the City. Specifically, the proposed Vesting Tentative Map is exempt from CEQA in accordance with CEQA Guidelines Section 15332. A link to the exemption documentation is available in Attachment D. ATTACHMENTS Attachment A: Location Map Attachment B: Draft Record of Land Use Action Attachment C: Public Comments Attachment D: Link to Vesting Tentative Map and Environmental Analysis APPROVED BY: Jonathan Lait, Planning and Development Services Director Item 9: Staff Report Pg. 5 Packet Pg. 392 of 462 Item 9 Attachment A - Location Map 4jO 11ry `'o 91? � 41 a • A3�A as '` `v 6 :�O�:� 911 b^� • CO chodgki, 2022-08-23111148 This document Ise graphic representation only of best available sources. (\\cc-maps\Encompassetlmin\Personal\Planning.mdb) The City of Palo Alto assumes no responsibility for any snore @1888 to 2016 City of Palo Alto Item 9: Staff Report Pg. 6 Packet Pg. 393 of 462 Item 9 Attachment B - Draft Record of Land Use Action ACTION NO. 2025-_ RECORD OF THE COUNCIL OF THE CITY OF PALO ALTO LAND USE ACTION FOR 4335 and 4345 EL CAMINO REAL: VESTING TENTATIVE MAP, 24PLN-00153 At its meeting on March 17, 2025, the City Council of the City of Palo Alto ("City Council") approved the Vesting Tentative Map for the development of a one -lot subdivision to create 8 residential condominium units, and a one -lot subdivision to create 21 residential condominium units making the following findings, determinations and declarations: SECTION 1. Background. A. On May 23, 2024, SummerHill Homes applied for a Vesting Tentative Map for the development of a one (1) parcel, 8 -unit condominium subdivision project for 4335 El Camino Real and a one (1) parcel, 21 -unit condominium subdivision project for 4345 El Camino Real ("The Project"). The project site is comprised of two existing lots. APN No. 148-09-010, approximately 17,406 square feet, contains a commercial retail building. APN No. 148-09-011, approximately 41,370 square feet, contains a motel. Uses abutting the site include a five -story apartment building located within the City of Mountain View to the south, a four-story hotel to the north, and a condominium building and several single-family homes to the east. Across El Camino Real is a three-story hotel and a gas station. B. Following staff review, the Planning and Transportation Commission reviewed the project and recommended approval on February 26, 2024, subject to conditions of approval. C. On March 17, 2025 the City Council held a duly noticed public hearing, at which evidence was considered and all persons were afforded an opportunity to be heard in accordance with the City Council's policies and procedures. SECTION 2. Environmental Review. The City, as the lead agency for the Project, has determined that the project is exempt from the California Environmental Quality Act (CEQA) in accordance with CEQA Guideline section 15332, which provides an exemption for infill development projects. Documentation to support the exemption is available as part of the public record on file with the Planning and Development Services Division. SECTION 3. Vesting Tentative Map Findings. A legislative body of a city shall deny approval of a Parcel Map, if it makes any of the following findings (California Government Code Section 66474). The City Council cannot make these findings for the following reasons: 0160169 KB 2 20250225 AY 16 Item 9: Staff Report Pg. 7 Packet Pg. 394 of 462 Item 9 Attachment B - Draft Record of Land Use Action That the proposed map is not consistent with applicable general and specific plans as specified in Section 65451: The site is consistent with the Comprehensive Plan as described below. 2. That the design or improvement of the proposed subdivision is not consistent with applicable general and specific plans: There is no adopted specific plan for this project site. The proposed vesting tentative map and related improvements is consistent with the Comprehensive Plan in that it facilitates housing development on a site designated for multi -family use within the urban services area, consistent with Goal 2 of the Housing Element and Goal L1.2 of the Land Use Element. The project does not replace existing housing. The project includes four units that will be offered at a rate affordable to moderate income, three at 80%-100% AMI and one unit at 100%-120% AMI. The project improves the city's jobs housing imbalance consistent with the Transportation Element's goals and policies. 3. That the site is not physically suitable for the type of development: The Project site is suitable for multi -family residential development in that it's identified as a Housing Inventory Site in the Housing Element. The existing parcel meets the minimum code requirements for the CS zone district with respect to lot area, width and depth. The parcel would not change with approval of this condominium subdivision. The proposed number of condominium units complies with the applicable densities set forth in the land use element and zoning code. 4. That the site is not physically suitable for the proposed density of development: The project would create a total of 29 multi -family residential units and varies from 20-22 dwelling units (DU) per acre across the two lots. This density is lower than the anticipated density for these sites in the Housing Element, therefore it is physically suitable. 5. That the design of the subdivision or the proposed improvements are likely to cause substantial environmental damage or substantially and avoidably injure fish or wildlife or their habitat: The project is located within the built environment that does not contain quality habitat for fish or other wildlife on the site or within the vicinity of the site. The nearest stream is a portion of Adobe Creek approximately 700 feet northwest from the project site. The adopted Palo Alto 2030 Comprehensive Plan includes Map N-1, which identified sensitive animal and plant species within the Palo Alto quadrangle, a large geographic area that includes the urban portions along the bay and within the foothills, based on information in the California natural Diversity Database (CNDDB). Based on this map, and the urban nature of the site, the subject property 2 0160169 KB 2 20250225 AY 16 Item 9: Staff Report Pg. 8 Packet Pg. 395 of 462 Item 9 Attachment B - Draft Record of Land Use Action does not contain any habitat for endangered, rare, or threatened species and has not historically supported any of these species. 6. That the design of the subdivision or type of improvements is likely to cause serious public health problems: The subdivision of this parcel and associated improvements would not have the potential to result in serious health problems. The proposed multi -family use would not include use or storage of hazardous materials and the use is located within the urban environment adjacent to other residential uses. The site is not located on a hazardous waste site pursuant to government code 65962.5. 7. That the design of the subdivision or the type of improvements will conflict with easements, acquired by the public at large, for access through or use of, property within the proposed subdivision. In this connection, the governing body may approve a map if it finds that alternate easements, for access or for use, will be provided, and that these will be substantially equivalent to ones previously acquired by the public. This subsection shall apply only to easements of record or to easements established by judgment of a court of competent jurisdiction and no authority is hereby granted to a legislative body to determine that the public at large has acquired easements for access through or use of property within the proposed subdivision. There are no public access easements over the property currently. Therefore, the design of the subdivision will not conflict with any public easements for access through, or use of, the property. New public utility easements will be provided to existing and proposed electrical utilities as part of this subdivision map as required in accordance with City of Palo Alto Utilities standards. New public access easements will be provided to provide access to the new units. SECTION 4. Vesting Tentative Map Approval Granted. Vesting Tentative Map Approval is filed and processed in accordance to PAMC Section 21.13.020 and granted by the City Council under PAMC Sections 21.12 and 21.20 and the California Government Code Section 66474, subject to the conditions of approval in Section 6 of this Record of Land Use Action. SECTION 5. Final Map. The Final Map submitted for review and approval by the City Council shall be in substantial conformance with the Vesting Tentative Map prepared by CBG titled "TM.1 - VESTING TENTATIVE MAP FOR CONDOMINIUM PURPOSES" consisting of 12 pages, dated December 10, 2024 and submitted December 19, 2024, except as modified to incorporate the conditions of approval in Section 6. A copy of the Vesting Tentative Map is on file in the Department of Planning and Development Services, Current Planning Division. Prior to the expiration of the Vesting Tentative Map approval, the subdivider shall cause the subdivision or any part thereof to be surveyed, and a Final Map, as specified in Chapter 21.08, to be prepared in conformance with the Vesting Tentative Map as conditionally approved, and in compliance with the provisions of the Subdivision Map Act and PAMC Title 21 and submitted to the City Engineer (PAMC Section 21.16.010[a]). 0160169 KB 2 20250225 AY 16 Item 9: Staff Report Pg. 9 Packet Pg. 396 of 462 Item 9 Attachment B - Draft Record of Land Use Action SECTION 6. Conditions of Approval. Planning PROJECT PLANS. The Vesting Tentative Map submitted for review and approval by the City Council shall be in substantial conformance with the Vesting Tentative Map titled "Vesting Tentative Map 739 Sutter Avenue For Condominium Purposes", prepared by CBG and submitted December 19, 2024, except as modified to incorporate the conditions of this approval. 2. FINAL MAP COVER PAGE. At such time as the Final Map is filed, the cover page shall include the name and title of the Director of Planning and Development Services. 3. STANDARD CC&R REQUIREMENTS. Section 16.38 of Palo Alto's Municipal Code provides that all condominium and other "community housing projects" shall submit Covenants, Conditions and Restrictions (CC&R's) to the City Attorney for approval before issuance of the Final Map. The City Attorney has developed the following standard covenants which shall be included in all CC&R's. PROPERTY SHALL COMPLY WITH CITY ZONING ORDINANCES. The property, including all common areas, private streets and, parks within the property, shall at all times comply with the City's Zoning Code and shall not be used for any purpose other than as permitted in the City Zoning Code. b. MODIFICATIONS TO PROPERTY. Any alterations, modifications, or other improvements to the property shall comply with all applicable City Codes. c. MAINTENANACE AND LANDSCAPING OF COMMON AREAS. The Association is responsible for maintenance and landscaping of all parts of the community housing project which are held in common and such maintenance shall be performed to the standard of maintenance prevalent in the neighborhood. (See PAMC Section 16.38.030(a)). d. TERMINATION OF MANAGER OR MAINTENANCE CONTRACTS. The association may terminate the contract of any person or organization engaged by the developer to perform management or maintenance duties three months after the association assumes control of the community housing project or any time thereafter. (See PAMC Section 16.38.030(b).) e. PROTECTION OF STORM WATER FACILITIES. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall alter or modify any storm water facilities in any way including but not limited to placing, maintaining, constructing, or 4 0160169 KB2 20250225 AY16 Item 9: Staff Report Pg. 10 Packet Pg. 397 of 462 Item 9 Attachment B - Draft Record of Land Use Action planting any improvements, landscaping or other items, including without limitation decks, stairs, walls, irrigation systems, trees, or any vegetation on any storm water facilities. f. TRASH DISPOSAL AND RECYCLING AREAS SHALL COMPLY WITH CITY ORDINANCES. All trash disposal and recycling areas shall be kept in a clean and sanitary condition and shall comply with all applicable City Ordinances. g. PROHIBITION AGAINST AIR AND WATER POLLUTION. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall use the property in any way which emits pollution into the atmosphere in excess of environmental standards set forth by City, State, and Federal laws, ordinances, and regulations. Neither the association, its residents, nor their agents, employees, representatives, invitees, licensees, customers, or contractors shall discharge garbage, trash, waste, or any other substance or materials of any kind into any private or public sewer or waterway on the property in violation of any regulations of any private or public body having jurisdiction over such matters. h. AMENDMENTS TO ORGANIZATION DOCUMENTS REQUIRE CITY APPROVAL. Any amendments or modifications to the organizational documents shall be submitted to the city attorney for approval. No amendment or modification to the organizational documents shall be effective without prior written consent of the city attorney. CITY'S RIGHT TO ENFORCE COVENANTS AND RESTRICTIONS. The City is hereby granted the right, but in no event the duty, to enforce the covenants and restrictions set forth in this section of the organizational documents. The association shall recognize that it has the primary responsibility for enforcement of the organizational documents and unequivocally guarantees to institute and expeditiously prosecute any required legal action to obtain compliance with all provisions set forth in the organizational documents. NO WAIVER OF CITY'S RIGHTS. No failure of the City to enforce any of the covenants or restrictions contained in the organizational documents will in any event render them ineffective. k. CITY'S REMEDIES TO CURE A BREACH OR VIOLATION. Remedies available to the City to cure any breach or violation of the organizational documents shall be cumulative to any other provisions of law. The City's failure to exercise any remedy provided for in the organizational documents shall not, under any circumstances, be construed as a waiver of the remedy. 5 0160169 KB 2 20250225 AY 16 Item 9: Staff Report Pg. 11 Packet Pg. 398 of 462 Item 9 Attachment B - Draft Record of Land Use Action I. SEVERABILITY. Invalidation of any one of the City's required covenants or restrictions by judgment or court order shall in no way affect any other provisions which shall remain in full force and effect. 4. ADDITIONAL CC&R REQUIREMENT. The CC&Rs shall also include a provision that dictates the responsibilities of tenants for the trash pickup for the townhomes as shown in the approved plan set. 5. PRIVATE STREET NAMING. Prior to approval of the Final Map, the private streets shall receive Palo Alto Historical Association recommendation and Council approval, per PAMC 21.20.140. 6. DEVELOPMENT IMPACT FEES. The Property Owner or their designee shall pay all applicable development impact fees associated with the proposed development and subdivision prior to issuance of the building permit(s), as detailed in the Streamlined Housing Development Review Approval. 7. INDEMNITY. To the extent permitted by law, the Applicant shall indemnify and hold harmless the City, its City Council, its officers, employees and agents (the "indemnified parties") from and against any claim, action, or proceeding brought by a third party against the indemnified parties and the applicant to attack, set aside or void, any permit or approval authorized hereby for the Project, including (without limitation) reimbursing the City for its actual attorneys' fees and costs incurred in defense of the litigation. The City may, in its sole discretion, elect to defend any such action with attorneys of its own choice. Public Works Engineering 8. PUBLIC WORKS APPLICATIONS, FORMS, AND DOCUMENTS: Applicant shall be advised that most forms, applications, and informational documents related to Public Works Engineering conditions can be found at the following link: https://www.cityofpaloalto.org/Departments/Public-Works/Engineering- Services/Forms-and-Permits 9. SUBDIVISION IMPROVEMENT AGREEMENT: The applicant shall execute a Subdivision Improvement Agreement and provide improvement securities (Bonds) for all proposed public improvements. THE AGREEMENT SHALL BE EXECUTED PRIOR TO MAP RECORDATION OR ISSUANCE OF ANY PERMITS FOR CONSTRUCTION, ONSITE AND OFFSITE. ADVISORY -- The applicant shall provide a detailed itemized stamped and signed engineer's estimate for all off -site public improvements which will be reviewed to determine the security amount. 10. FINAL MAP: This project is subject to, and contingent upon the approval and recordation of a Final Map. The submittal, approval and recordation of the Map shall be in 0160169 KB 2 20250225 AY 16 Item 9: Staff Report Pg. 12 Packet Pg. 399 of 462 Item 9 Attachment B - Draft Record of Land Use Action accordance with the provisions of the California Subdivision Map Act and Palo Alto Municipal Code Title 21 Subdivision requirements. All existing and proposed property lines, easements, dedications shown on the map are subject to the City's technical review and approval prior to issuance of any construction permits. 11. MAP THIRD -PARTY REVIEW: The City contracts with a third -party surveyor that will review and provide approval of the map's technical correctness as the City Surveyor, as permitted by the Subdivision Map Act. The Public Works Department will forward a Scope & Fee Letter from the third -party surveyor and the applicant will be responsible for payment of the fee's indicated therein, which is based on the complexity of the map. // // // // // // // // // // // // // // // // // 7 0160169 KB2 20250225 AY16 Item 9: Staff Report Pg. 13 Packet Pg. 400 of 462 Item 9 Attachment B - Draft Record of Land Use Action SECTION 7. Term of Approval. Vesting Tentative Map. All conditions of approval of the Vesting Tentative Map shall be fulfilled prior to approval of a Final Map (PAMC Section 21.16.010[c]). Unless a Final Map is filed, and all conditions of approval are fulfilled within a two-year period from the date of Vesting Tentative Map approval, the Vesting Tentative Map shall expire and all proceedings shall terminate. An extension of time may be granted by the city council after recommendation of the planning commission, upon the written application of the subdivider, prior to the expiration of the Vesting Tentative Map approval, or any previous extension granted. Such extension(s) shall be subject to the maximum limitations set forth in the Subdivision Map Act. INTRODUCED: PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk APPROVED AS TO FORM: Assistant City Attorney PLANS AND DRAWINGS REFERENCED: APPROVED: Mayor APPROVED AS TO CONTENT: City Manager Director of Planning and Development Services Those plans prepared by CBG titled "TM.1 - VESTING TENTATIVE MAP FOR CONDOMINIUM PURPOSES" consisting of 12 pages, dated December 10, 2024 and submitted December 19, 2024. 0160169KB220250225AY 16 Item 9: Staff Report Pg. 14 Packet Pg. 401 of 462 Item 9 Attachment C - Public Comments ARB 9/18/24: Item 2 4335-4345 El Camino Real Alex Lew <alexander.russell.lew@gmail.com> Sun 9/15/2024 8:49 PM To:Architectural Review Board<arb@cityofpaloalto.org>;Kallas, Emily <Emily.Kallas@cityofpaloalto.org> (u0 1 attachments (15 MB) 2017-06-07_2700W EICamino_bikepath.pdf; CAUTION: This email originated from outside of the organization. Be cautious of opening attachments and clicking on links. It has been brought to my attention that a ped-bike path was built in 2021 as part of the Summerhill development at 2700 W El Camino (cross street Del Medio). The bike path extends from Del Medio Ave to a blank wall at the Palo Alto border. I have attached the conceptual drawings from the Planning Commission. Although the bike path is relatively short, it would be useful for connecting Palo Alto, Mountain View, and Los Altos. If you travel through the Monroe Park neighborhood, you will see lots of pedestrians and cyclists crossing between the cities on Miller Ave. I would like to see the proposed project integrate the bike path into the site plan. Alex Lew Mountain View Item 9: Staff Report Pg. 15 Packet Pg. 402 of 462 Item 9 Attachment C - Public Comments El Camino / Cesano development enables important pathway to Mountain View Robert Neff <rmrneff@sonic.net> Sun 9/15/2024 10:40 PM To:Architectural Review Board <arb@cityofpaloalto.org>;Kallas, Emily <Emily.Kallas@cityofpaloalto.org> Cc:Transportation <Transportation@CityofPaloAlto.org >;Building <Building@CityofPaloAlto.org>;Raybould, Claire <Claire.Raybould@CityofPaloAlto.org >;Coles, Charlie <Charlie.Coles@CityofPaloAlto.org>;Star-Lack, Sylvia <Sylvia.Star- Lack@CityofPaloAlto.org> 9 1 attachments (549 KB) Del MedioCesanoPathway.pdf; Dear ARB Commissioners, A developer is bringing a townhouse development to ARB this Thursday which can enable an important pathway connection to Mountain View. It is on the ARB agenda for this Thursday Sept. 19. ARB, Planning, and Transportation should work to make sure that completion of this connection is in the plans. The development is at 4335-4345 El Camino Real [24PLN-001 52], on El Camino Real on both corners at Cesano Court. The next development south on ECR is in Mountain View, at 2700 W El Camino. There is a mixed use path running on the East side of that development from Del Medio Ave to the back fence. That pathway is currently blocked by the fence at the back of the property, and a very short distance across the tip of the 4345 El Camino Real property would need to be set aside to complete the pathway. I don't see any development besides perhaps plantings in that part of the 4345 ECR plans. In the planning documents going to ARB there is no mention of this potential connection. Please be aware of this and work to include this in the plans as soon as possible, and planning and transportation staff should do whatever else is required to enable this connection. It will improve the low stress connectivity to Los Altos from Mountain View and Palo Alto, particularly for residents who need to make school connections across ECR. See attached map, indicating the existing path with a line, and the small circle indicating the missing connection. Reviewing this application, I think it's the kind of development found in that part of the city, and I hope it can advance quickly, including this tiny change. Item 9: Staff Report Pg. 16 Packet Pg. 403 of 462 Item 9 Attachment C - Public Comments -- Robert Neff Palo Alto Development plans are here: https://www.cityofpaloalto.org/partments/Planning-Development-Services/Current- PlanningLjects/43334335-and-4345-El-Camino-Real Item 9: Staff Report Pg. 17 Packet Pg. 404 of 462 Item 9 Attachment D - Link to Vesting Tentative Map and Environmental Analysis Project Plans In order to reduce paper consumption, a limited number of hard copy project plans are provided to Council members for their review. The same plans are available to the public, at all hours of the day, via the following online resources. Directions to review Project plans and environmental documents online: 1. Go to: bit.ly/PApendingprojects 2. Scroll down to find "4345 El Camino" and click the address link 3. On this project -specific webpage you will find a link to the project plans and other important information Direct Link to Project Webpage: https://www.cityofpaloalto.org/Departments/Planning-Development-Services/Current- Planning/Projects/43334335-and-4345-El-Camino-Real If you need assistance reviewing the above documents, please contact the Project Planner or call the Planner -on -Duty at 650-617-3117 or email planner@cityofpaloalto.org Item 9: Staff Report Pg. 18 Packet Pg. 405 of 462 Item 10 Item 10 Staff Report City Council Staff Report From: City Manager CITY O F Report Type: ACTION ITEMS PALO Lead Department: Community Services ALTO Meeting Date: March 17, 2025 Report #:2502-4129 TITLE Approval of Professional Service Contract Number C25192988 with Lloyd Consulting Group, LLC., in the Amount Not to Exceed $160,825 to Conduct a Comprehensive Turf Study for a Period of Six Months; CEQA Status — exempt under CEQA regulations 15262 and 15306. RECOMMENDATION Staff recommends that City Council Approve and authorize the City Manager or their designee to execute Contract No. C25192988 (Attachment A), with Lloyd Consulting Group, LLC, to provide a comprehensive turf study that compares synthetic and natural turf athletic fields, for a period of six months and a total amount not -to -exceed $160,825. EXECUTIVE SUMMARY The City of Palo Alto is conducting a comprehensive study to evaluate synthetic and natural turf athletic fields, with a focus on environmental, health, cost, and usability factors. This effort follows an initial funding request presented to the City Council for approval on January 21, 2025. However, the item was pulled from the consent calendar to be heard and considered at a future meeting. Since the original proposal, staff have reassessed the scope of work, streamlining the study to improve efficiency and reduce costs, and reassigned some of the work to staff. As a result, the estimated cost has been lowered from $232,985 to a not -to -exceed amount of $160,825. The study request was initiated during the FY 2025 budget process to guide future decisions on field replacements, including the paused El Camino Park Turf Replacement Project (PG -24000). The recommended consultant study will enhance staff expertise by incorporating insights into local user demand, expectations for City facilities, environmental impacts, and comprehensive data analysis. Lloyd Sports and Engineering, LLC has been selected to conduct the study at a cost not exceeding $160,825. The study's findings will provide the City Council with data -driven recommendations for future field selection and replacement. Item 10: Staff Report Pg. 1 Packet Pg. 406 of 462 Item 10 Item 10 Staff Report BACKGROUND The City of Palo Alto's Community Services Department manages natural and synthetic athletic fields citywide, including El Camino Park, Stanford -Palo Alto Playing Fields (Mayfield), and Cubberley Community Center. The synthetic fields at El Camino and Mayfield are at or near the end of their lifespan and require replacement. A Capital Improvement Project (PG -24000) to replace El Camino Park's synthetic turf was included in the FY 2024 Adopted Capital Budget. However, following the Finance Committee's May 2024 recommendation and City Council's approval, it was determined that additional information was required to make an informed decision on future field selection. As a result, a study on the environmental, health, safety, and cost impacts of synthetic vs. natural turf was incorporated into the FY 2025 Budget'. Additionally, the replacement of El Camino Park's synthetic turf was placed on hold pending the study's findings. Replacement of the Stanford -Palo Alto fields (PG -26000) will proceed in FY 2025. This phased approach helps maintain field availability while the study progresses. This item was original placed on the consent calendar for the January 21, 20252 City Council Special Meeting, but was pulled for further consideration. It has been added to this agenda as an action item to allow for discussion in the decision -making process. ANALYSIS The City of Palo Alto has recognized the need for a comprehensive study to evaluate synthetic and natural turf fields, focusing on usability, health implications, environmental effects, maintenance costs, and community preferences. The goal is to provide the City Council with the necessary data needed to make informed decisions about future field installations and renovations. Since the original staff report on January 21, 2025, Santa Clara County released a Public Health report on January 28, 20253. In response, staff engaged with the County's team and adjusted the scope of work to avoid duplicative research by incorporating the County's findings on environmental and health impacts. Additionally, the community engagement and maintenance components have been removed from the consultant's scope, as staff will now conduct this work in-house. There was also scope reduction for task item four for ongoing project 1 City Council, June 17, 2024; Agenda Item #28; SR# 2406-3140, https://recordsportal.paloalto.gov/Weblink/DocView.aspx?id=82926 2 City Council, January 21, 2025, Agenda Item #7, SR# 2411; https://cityofpaloaIto.primegov.com/Portal/Meeting?meetingTemplateld=15920 3 Santa Clara County Board of Supervisors, January 28, 2025, Agenda Item #13, SR# 122722; https://sccgov.igm2.com/Citizens/Detail Meeting.aspx?ID=16789 Item 10: Staff Report Pg. 2 Packet Pg. 407 of 462 Item 10 Item 10 Staff Report management and communication reducing that cost from $35,030 to $25,000. This will account for any additional input or request items as part of the feedback process. Turf application in playground settings has recently been raised and this will be evaluated as an extension of the turf study. However, a more in-depth comparison of turf against other accessible, fall -safe materials would be outside the scope of the contract. The study will still assess long-term sustainability, field usage, and the economic implications of both turf options, including lifecycle costs and alignment with Palo Alto's sustainability and climate action goals. While the consultant will conduct specialized analysis, Parks staff will manage key components, including maintenance and operational cost evaluations, and community outreach. The revised primary scope of work is structured into three key phases: 1. Project Kick-off 2. Analysis and Reporting 3. Ongoing Project Management and Communication The Consultant will be responsible for reviewing currently available synthetic turf products and assessing their characteristics in comparison to natural turf on a variety of metrics. To the extent products that are new to the market indicate improved characteristics over products that have been widely used, such differences will be noted. The comprehensive report will cover: • Current Conditions • Playability • Maintenance Costs • Health Hazards • Cost of Conversion • Environmental Impact • Community and User Feedback • Data Collection & Analysis By reducing the project scope, the City will ensure a comprehensive analysis while maximizing efficiency and cost-effectiveness. The final report, expected by August 2025, will provide the City Council with valuable insights to align field management decisions with sustainability goals, fiscal responsibility, and public health priorities. Procurement Process A Request for Proposal (RFP) for the project was posted on OpenGov, the City's e -procurement platform, 3,341 vendors were notified. The solicitation period was posted for 21 days, and 3 proposals were received. The solicitation closed on November 6, 2024. Item 10: Staff Report Pg. 3 Packet Pg. 408 of 462 Item 10 Item 10 Staff Report The City received three proposals by the submission deadline of November 6, 2024, from Lloyd Sports and Engineering, LLC; Sports Facilities Management, LLC; and Verde Design, Inc. All proposers met the City's specifications. Lloyd Sports and Engineering, LLC emerged as the highest -scoring bidder, demonstrating a comprehensive understanding of the project's scope and objectives. Their proposal offered a well-defined and feasible solution, highlighting extensive relevant experience, a proven track record of timely performance on similar projects, and a clear commitment to quality and deliverables. While the proposal price was one component of the evaluation scoring, it was not the determining factor, as this RFP prioritized the overall quality, experience, and ability to successfully meet the project's objectives. Proposal Description RFP 192988 Comparative Analysis of Synthetic and Natural Turf Athletic Fields Proposed Length of Project January —June, 2025 Number of Vendors Notified 3341 Number of Proposals Packages Downloaded 21 Total Days to Respond to Proposal 21 Pre -Proposal Meeting No Pre -Proposal Meeting Date n/a Number of Proposals Received 3 Proposal Price Range $91,925-$232,985 Public Link to Solicitation Project overview (opengov.com) FISCAL/RESOURCE IMPACT Staff will be working collaboratively to conduct a comprehensive turf study that compares synthetic and natural turf as directed by the City Council to be funded by the El Camino Park Turf Replacement Project PG -24000, which was paused in FY 2024. This project has reappropriated funding of approximately $800,000 in FY 2025, which is a sufficient balance for the contract not to -exceed amount of $160,825. The results of this study are anticipated to include potential resource impacts and staff will bring this forward for the City Council's consideration in future budget processes. STAKEHOLDER ENGAGEMENT Staff will conduct outreach and engagement with community field users and other stakeholders, incorporating their input into the report. Item 10: Staff Report Pg. 4 Packet Pg. 409 of 462 Item 10 Item 10 Staff Report ENVIRONMENTAL REVIEW Council action on this item is exempt from CEQA review under sections 15262 and 15306 of the CEQA Guidelines because the comprehensive study focuses on data collection, research, and resource evaluation activities that do not cause significant environmental disturbance or commit the City to any specific project or action. ATTACHMENTS Attachment A: Contract with Lloyd Consulting Group, LLC. C25192988 APPROVED BY: Kristen O'Kane, Community Services Director Item 10: Staff Report Pg. 5 Packet Pg. 410 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651F-6F1E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 CITY OF PALO ALTO CONTRACT NO. C25192988 AGREEMENT FOR PROFESSIONAL SERVICES BETWEEN THE CITY OF PALO ALTO AND LLOYD CONSULTING GROUP, LLC This Agreement for Professional Services (this "Agreement") is entered into as of the 10th day of March 2025 (the "Effective Date"), by and between the CITY OF PALO ALTO, a California chartered municipal corporation ("CITY"), and LLOYD CONSULTING GROUP, LLC, a Arizona Corporation, located at 960 W. Elliot Road, Suite 213, Tempe Arizona, 85284 ("CONSULTANT"). The following recitals are a substantive portion of this Agreement and are fully incorporated herein by this reference: RECITALS A. CITY intends to understand the better alternative (the "Project") and desires to engage a consultant to conduct comprehensive study that compares synthetic and natural turf fields in connection with the Project (the "Services", as detailed more fully in Exhibit A). B. CONSULTANT represents that it, its employees and subconsultants, if any, possess the necessary professional expertise, qualifications, and capability, and all required licenses and/or certifications to provide the Services. C. CITY, in reliance on these representations, desires to engage CONSULTANT to provide the Services as more fully described in Exhibit A, entitled "SCOPE OF SERVICES". NOW, THEREFORE, in consideration of the recitals, covenants, terms, and conditions, in this Agreement, the parties agree as follows: SECTION 1. SCOPE OF SERVICES. CONSULTANT shall perform the Services described in Exhibit A in accordance with the terms and conditions contained in this Agreement. The performance of all Services shall be to the reasonable satisfaction of CITY. SECTION 2. TERM. The term of this Agreement shall be from the effective date of this agreement through August 31, 2025 unless terminated earlier pursuant to Section 19 (Termination) of this Agreement. SECTION 3. SCHEDULE OF PERFORMANCE. Time is of the essence in the performance of Services under this Agreement. CONSULTANT shall complete the Services within the term of this Agreement and in accordance with the schedule set forth in Exhibit B, entitled "SCHEDULE OF PERFORMANCE". Any Services for which times for performance are not specified in this Agreement shall be commenced and completed by CONSULTANT in a reasonably prompt and timely manner based upon the circumstances and direction communicated to the CONSULTANT. CITY's agreement to extend the term or the schedule for performance shall not preclude recovery Professional Services Rev. Oct 16,2024 Page 1 of 21 Item 10: Staff Report Pg. 6 Packet Pg. 411 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651F-6F1E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 of damages for delay if the extension is required due to the fault of CONSULTANT. SECTION 4. NOT TO EXCEED COMPENSATION. The compensation to be paid to CONSULTANT for performance of the Services shall be based on the compensation structure detailed in Exhibit C, entitled "COMPENSATION," including any reimbursable expenses specified therein, and the maximum total compensation shall not exceed One Hundred SixtyThousand Eight Hundred Twenty -Five Dollars ,825). The hourly schedule of rates, if applicable, is set out in Exhibit C-1, entitled "SCHED E OF RATES." Any work performed or expenses incurred for which payment would result in a total exceeding the maximum compensation set forth in this Section 4 shall be at no cost to the CITY. SECTION 5. INVOICES. In order to request payment, CONSULTANT shall submit monthly invoices to the CITY describing the Services performed and the applicable charges (including, if applicable, an identification of personnel who performed the Services, hours worked, hourly rates, and reimbursable expenses), based upon Exhibit C or, as applicable, CONSULTANT's schedule of rates set forth in Exhibit C-1. If applicable, the invoice shall also describe the percentage of completion of each task. The information in CONSULTANT's invoices shall be subject to verification by CITY. CONSULTANT shall send all invoices to CITY's Project Manager at the address specified in Section 13 (Project Management) below. CITY will generally process and pay invoices within thirty (30) days of receipt of an acceptable invoice. SECTION 6. QUALIFICATIONS/STANDARD OF CARE. All Services shall be performed by CONSULTANT or under CONSULTANT's supervision. CONSULTANT represents that it, its employees and subcontractors, if any, possess the professional and technical personnel necessary to perform the Services required by this Agreement and that the personnel have sufficient skill and experience to perform the Services assigned to them. CONSULTANT represents that it, its employees and subcontractors, if any, have and shall maintain during the term of this Agreement all licenses, permits, qualifications, insurance and approvals of whatever nature that are legally required to perform the Services. All Services to be furnished by CONSULTANT under this Agreement shall meet the professional standard and quality that prevail among professionals in the same discipline and of similar knowledge and skill engaged in related work throughout California under the same or similar circumstances. SECTION 7. COMPLIANCE WITH LAWS. CONSULTANT shall keep itself informed of and in compliance with all federal, state and local laws, ordinances, regulations, and orders that may affect in any manner the Project or the performance of the Services or those engaged to perform Services under this Agreement, as amended from time to time. CONSULTANT shall procure all permits and licenses, pay all charges and fees, and give all notices required by law in the performance of the Services. SECTION 8. ERRORS/OMISSIONS. CONSULTANT is solely responsible for costs, including, but not limited to, increases in the cost of Services, arising from or caused by CONSULTANT's errors and omissions, including, but not limited to, the costs of corrections such errors and omissions, any change order markup costs, or costs arising from delay caused by the errors and omissions or unreasonable delay in correcting the errors and omissions. SECTION 9. COST ESTIMATES. If this Agreement pertains to the design of a public works project, CONSULTANT shall submit estimates of probable construction costs at each phase of Professional Services Rev. Oct 16,2024 Page 2 of 21 Item 10: Staff Report Pg. 7 Packet Pg. 412 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651F-6F1E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 design submittal. If the total estimated construction cost at any submittal exceeds the CITY's stated construction budget by ten percent (10%) or more, CONSULTANT shall make recommendations to CITY for aligning the Project design with the budget, incorporate CITY approved recommendations, and revise the design to meet the Project budget, at no additional cost to CITY. SECTION 10. INDEPENDENT CONTRACTOR. CONSULTANT acknowledges and agrees that CONSULTANT and any agent or employee of CONSULTANT will act as and shall be deemed at all times to be an independent contractor and shall be wholly responsible for the manner in which CONSULTANT performs the Services requested by CITY under this Agreement. CONSULTANT and any agent or employee of CONSULTANT will not have employee status with CITY, nor be entitled to participate in any plans, arrangements, or distributions by CITY pertaining to or in connection with any retirement, health or other benefits that CITY may offer its employees. CONSULTANT will be responsible for all obligations and payments, whether imposed by federal, state or local law, including, but not limited to, FICA, income tax withholdings, workers' compensation, unemployment compensation, insurance, and other similar responsibilities related to CONSULTANT's performance of the Services, or any agent or employee of CONSULTANT providing same. Nothing in this Agreement shall be construed as creating an employment or agency relationship between CITY and CONSULTANT or any agent or employee of CONSULTANT. Any terms in this Agreement referring to direction from CITY shall be construed as providing for direction as to policy and the result of CONSULTANT's provision of the Services only, and not as to the means by which such a result is obtained. SECTION 11. ASSIGNMENT. The parties agree that the expertise and experience of CONSULTANT are material considerations for this Agreement. CONSULTANT shall not assign or transfer any interest in this Agreement nor the performance of any of CONSULTANT's obligations hereunder without the prior written approval of the City Manager. Any purported assignment made without the prior written approval of the City Manager will be void and without effect. Subject to the foregoing, the covenants, terms, conditions and provisions of this Agreement will apply to, and will bind, the heirs, successors, executors, administrators and assignees of the parties. SECTION 12. SUBCONTRACTING. ® Option A: No Subcontractor: CONSULTANT shall not subcontract any portion of the Services to be performed under this Agreement without the prior written authorization of the City Manager or designee. In the event CONSULTANT does subcontract any portion of the work to be performed under this Agreement, CONSULTANT shall be fully responsible for all acts and omissions of subcontractors. SECTION 13. PROJECT MANAGEMENT. CONSULTANT will assign Valerie Ahyong Email: vahyong@lloydengineers.com as the CONSULTANT's Project Manager to have supervisory responsibility for the performance, progress, and execution of the Services and represent CONSULTANT during the day-to-day performance of the Services. If circumstances cause the substitution of the CONSULTANT's Project Manager or any other of CONSULTANT's key personnel for any reason, the appointment of a substitute Project Manager and the assignment of any key new or replacement personnel will be subject to the prior written approval of the CITY's Professional Services Rev. Oct 16,2024 Page 3 of 21 Item 10: Staff Report Pg. 8 Packet Pg. 413 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651F-6F1E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 Project Manager. CONSULTANT, at CITY's request, shall promptly remove CONSULTANT personnel who CITY finds do not perform the Services in an acceptable manner, are uncooperative, or present a threat to the adequate or timely completion of the Services or a threat to the safety of persons or property. CITY's Project Manager is Sarah Robustelli, Community Services Department, Open Space, Parks, and Golf Division, 250 Hamilton Avenue, Palo Alto, CA, 94301, Telephone: 650-617-3518. CITY's Project Manager will be CONSULTANT's point of contact with respect to performance, progress and execution of the Services. CITY may designate an alternate Project Manager from time to time. SECTION 14. OWNERSHIP OF MATERIALS. All work product, including without limitation, all writings, drawings, studies, sketches, photographs, plans, reports, specifications, computations, models, recordings, data, documents, and other materials and copyright interests developed under this Agreement, in any form or media, shall be and remain the exclusive property of CITY without restriction or limitation upon their use. CONSULTANT agrees that all copyrights which arise from creation of the work product pursuant to this Agreement are vested in CITY, and CONSULTANT hereby waives and relinquishes all claims to copyright or other intellectual property rights in favor of CITY. Neither CONSULTANT nor its subcontractors, if any, shall make any of such work product available to any individual or organization without the prior written approval of the City Manager or designee. CONSULTANT makes no representation of the suitability of the work product for use in or application to circumstances not contemplated by the Scope of Services. SECTION 15. AUDITS. CONSULTANT agrees to permit CITY and its authorized representatives to audit, at any reasonable time during the term of this Agreement and for four (4) years from the date of final payment, CONSULTANT's records pertaining to matters covered by this Agreement, including without limitation records demonstrating compliance with the requirements of Section 10 (Independent Contractor). CONSULTANT further agrees to maintain and retain accurate books and records in accordance with generally accepted accounting principles for at least four (4) years after the expiration or earlier termination of this Agreement or the completion of any audit hereunder, whichever is later. SECTION 16. INDEMNITY. ® 16.1. To the fullest extent permitted by law, CONSULTANT shall indemnify, defend and hold harmless CITY, its Council members, officers, employees and agents (each an "Indemnified Party") from and against any and all demands, claims, or liability of any nature, including death or injury to any person, property damage or any other loss, including all costs and expenses of whatever nature including attorney's fees, experts fees, court costs and disbursements ("Claims") resulting from, arising out of or in any manner related to performance or nonperformance by CONSULTANT, its officers, employees, agents or contractors under this Agreement, regardless of whether or not it is caused in part by an Indemnified Party. 16.2. Notwithstanding the above, nothing in this Section 16 shall be construed to require CONSULTANT to indemnify an Indemnified Party from a Claim arising from the active negligence or willful misconduct of an Indemnified Party that is not contributed to by any act of, or by any omission to perform a duty imposed by law or agreement by, CONSULTANT, its Professional Services Rev. Oct 16,2024 Page 4 of 21 Item 10: Staff Report Pg. 9 Packet Pg. 414 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651 F -6F1 E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 officers, employees, agents or contractors under this Agreement. 16.3. The acceptance of CONSULTANT's Services and duties by CITY shall not operate as a waiver of the right of indemnification. The provisions of this Section 16 shall survive the expiration or early termination of this Agreement. SECTION 17. WAIVERS. No waiver of a condition or nonperformance of an obligation under this Agreement is effective unless it is in writing in accordance with Section 29.4 of this Agreement. No delay or failure to require performance of any provision of this Agreement shall constitute a waiver of that provision as to that or any other instance. Any waiver granted shall apply solely to the specific instance expressly stated. No single or partial exercise of any right or remedy will preclude any other or further exercise of any right or remedy. SECTION 18. INSURANCE. 18.1. CONSULTANT, at its sole cost and expense, shall obtain and maintain, in full force and effect during the term of this Agreement, the insurance coverage described in Exhibit D, entitled "INSURANCE REQUIREMENTS". CONSULTANT and its contractors, if any, shall obtain a policy endorsement naming CITY as an additional insured under any general liability or automobile policy or policies. 18.2. All insurance coverage required hereunder shall be provided through carriers with AM Best's Key Rating ratings of A -:VII or higher which are licensed or authorized to transact insurance business in the State of California. Any and all contractors of CONSULTANT retained to perform Services under this Agreement will obtain and maintain, in full force and effect during the term of this Agreement, identical insurance coverage, naming CITY as an additional insured under such policies as required above. 18.3. Certificates evidencing such insurance shall be filed with CITY concurrently with the execution of this Agreement. The certificates will be subject to the approval of CITY's Risk Manager and will contain an endorsement stating that the insurance is primary coverage and will not be canceled, or materially reduced in coverage or limits, by the insurer except after filing with the Purchasing Manager thirty (30) days' prior written notice of the cancellation or modification. If the insurer cancels or modifies the insurance and provides less than thirty (30) days' notice to CONSULTANT, CONSULTANT shall provide the Purchasing Manager written notice of the cancellation or modification within two (2) business days of the CONSULTANT's receipt of such notice. CONSULTANT shall be responsible for ensuring that current certificates evidencing the insurance are provided to CITY's Chief Procurement Officer during the entire term of this Agreement. 18.4. The procuring of such required policy or policies of insurance will not be construed to limit CONSULTANT's liability hereunder nor to fulfill the indemnification provisions of this Agreement. Notwithstanding the policy or policies of insurance, CONSULTANT will be obligated for the full and total amount of any damage, injury, or loss caused by or directly arising as a result of the Services performed under this Agreement, including such damage, injury, or loss arising after the Agreement is terminated or the term has expired. SECTION 19. TERMINATION OR SUSPENSION OF AGREEMENT OR SERVICES. Professional Services Rev. Oct 16,2024 Page 5 of 21 Item 10: Staff Report Pg. 10 Packet Pg. 415 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651F-6F1E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 19.1. The City Manager may suspend the performance of the Services, in whole or in part, or terminate this Agreement, with or without cause, by giving ten (10) days prior written notice thereof to CONSULTANT. If CONSULTANT fails to perform any of its material obligations under this Agreement, in addition to all other remedies provided under this Agreement or at law, the City Manager may terminate this Agreement sooner upon written notice of termination. Upon receipt of any notice of suspension or termination, CONSULTANT will discontinue its performance of the Services on the effective date in the notice of suspension or termination. 19.2. In event of suspension or termination, CONSULTANT will deliver to the City Manager on or before the effective date in the notice of suspension or termination, any and all work product, as detailed in Section 14 (Ownership of Materials), whether or not completed, prepared by CONSULTANT or its contractors, if any, in the performance of this Agreement. Such work product is the property of CITY, as detailed in Section 14 (Ownership of Materials). 19.3. In event of suspension or termination, CONSULTANT will be paid for the Services rendered and work products delivered to CITY in accordance with the Scope of Services up to the effective date in the notice of suspension or termination; provided, however, if this Agreement is suspended or terminated on account of a default by CONSULTANT, CITY will be obligated to compensate CONSULTANT only for that portion of CONSULTANT's Services provided in material conformity with this Agreement as such determination is made by the City Manager acting in the reasonable exercise of his/her discretion. The following Sections will survive any expiration or termination of this Agreement: 14, 15, 16, 17, 19.2, 19.3, 19.4, 20, 25, 27, 28, 29 and 30. 19.4. No payment, partial payment, acceptance, or partial acceptance by CITY will operate as a waiver on the part of CITY of any of its rights under this Agreement, unless made in accordance with Section 17 (Waivers). SECTION 20. NOTICES. All notices hereunder will be given in writing and mailed, postage prepaid, by certified mail, addressed as follows: To CITY: Office of the City Clerk City of Palo Alto Post Office Box 10250 Palo Alto, CA 94303 With a copy to the Purchasing Manager To CONSULTANT: Attention of the Project Manager at the address of CONSULTANT recited on the first page of this Agreement. CONSULTANT shall provide written notice to CITY of any change of address. Professional Services Rev. Oct 16,2024 Page 6 of 21 Item 10: Staff Report Pg. 11 Packet Pg. 416 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651F-6F1E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 SECTION 21. CONFLICT OF INTEREST. 21.1. In executing this Agreement, CONSULTANT covenants that it presently has no interest, and will not acquire any interest, direct or indirect, financial or otherwise, which would conflict in any manner or degree with the performance of the Services. 21.2. CONSULTANT further covenants that, in the performance of this Agreement, it will not employ subcontractors or other persons or parties having such an interest. CONSULTANT certifies that no person who has or will have any financial interest under this Agreement is an officer or employee of CITY; this provision will be interpreted in accordance with the applicable provisions of the Palo Alto Municipal Code and the Government Code of the State of California, as amended from time to time. CONSULTANT agrees to notify CITY if any conflict arises. 21.3. If the CONSULTANT meets the definition of a "Consultant" as defined by the Regulations of the Fair Political Practices Commission, CONSULTANT will file the appropriate financial disclosure documents required by the Palo Alto Municipal Code and the Political Reform Act of 1974, as amended from time to time. SECTION 22. NONDISCRIMINATION; COMPLIANCE WITH ADA. 22.1. As set forth in Palo Alto Municipal Code Section 2.30.510, as amended from time to time, CONSULTANT certifies that in the performance of this Agreement, it shall not discriminate in the employment of any person due to that person's race, skin color, gender, gender identity, age, religion, disability, national origin, ancestry, sexual orientation, pregnancy, genetic information or condition, housing status, marital status, familial status, weight or height of such person. CONSULTANT acknowledges that it has read and understands the provisions of Section 2.30.5 10 of the Palo Alto Municipal Code relating to Nondiscrimination Requirements and the penalties for violation thereof, and agrees to meet all requirements of Section 2.30.510 pertaining to nondiscrimination in employment. 22.2. CONSULTANT understands and agrees that pursuant to the Americans Disabilities Act ("ADA"), programs, services and other activities provided by a public entity to the public, whether directly or through a contractor or subcontractor, are required to be accessible to the disabled public. CONSULTANT will provide the Services specified in this Agreement in a manner that complies with the ADA and any other applicable federal, state and local disability rights laws and regulations, as amended from time to time. CONSULTANT will not discriminate against persons with disabilities in the provision of services, benefits or activities provided under this Agreement. SECTION 23. ENVIRONMENTALLY PREFERRED PURCHASING AND ZERO WASTE REQUIREMENTS. CONSULTANT shall comply with the CITY's Environmentally Preferred Purchasing policies which are available at CITY's Purchasing Department, hereby incorporated by reference and as amended from time to time. CONSULTANT shall comply with waste reduction, reuse, recycling and disposal requirements of CITY's Zero Waste Program. Zero Waste best practices include, first, minimizing and reducing waste; second, reusing waste; and, third, recycling or composting waste. In particular, CONSULTANT shall comply with the following Zero Waste requirements: Professional Services Rev. Oct 16,2024 Page 7 of 21 Item 10: Staff Report Pg. 12 Packet Pg. 417 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651 F -6F1 E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 (a) All printed materials provided by CONSULTANT to CITY generated from a personal computer and printer including but not limited to, proposals, quotes, invoices, reports, and public education materials, shall be double -sided and printed on a minimum of 30% or greater post -consumer content paper, unless otherwise approved by CITY's Project Manager. Any submitted materials printed by a professional printing company shall be a minimum of 30% or greater post -consumer material and printed with vegetable -based inks. (b) Goods purchased by CONSULTANT on behalf of CITY shall be purchased in accordance with CITY's Environmental Purchasing Policy including but not limited to Extended Producer Responsibility requirements for products and packaging. A copy of this policy is on file at the Purchasing Department's office. (c) Reusable/returnable pallets shall be taken back by CONSULTANT, at no additional cost to CITY, for reuse or recycling. CONSULTANT shall provide documentation from the facility accepting the pallets to verify that pallets are not being disposed. SECTION 24. COMPLIANCE WITH PALO ALTO MINIMUM WAGE ORDINANCE. CONSULTANT shall comply with all requirements of the Palo Alto Municipal Code Chapter 4.62 (Citywide Minimum Wage), as amended from time to time. In particular, for any employee otherwise entitled to the State minimum wage, who performs at least two (2) hours of work in a calendar week within the geographic boundaries of the City, CONSULTANT shall pay such employees no less than the minimum wage set forth in Palo Alto Municipal Code Section 4.62.030 for each hour worked within the geographic boundaries of the City of Palo Alto. In addition, CONSULTANT shall post notices regarding the Palo Alto Minimum Wage Ordinance in accordance with Palo Alto Municipal Code Section 4.62.060. SECTION 25. NON -APPROPRIATION. This Agreement is subject to the fiscal provisions of the Charter of the City of Palo Alto and the Palo Alto Municipal Code, as amended from time to time. This Agreement will terminate without any penalty (a) at the end of any fiscal year in the event that funds are not appropriated for the following fiscal year, or (b) at any time within a fiscal year in the event that funds are only appropriated for a portion of the fiscal year and funds for this Agreement are no longer available. This Section shall take precedence in the event of a conflict with any other covenant, term, condition, or provision of this Agreement. SECTION 26. PREVAILING WAGES AND DIR REGISTRATION FOR PUBLIC WORKS CONTRACTS. ® 26.1. This Project is not subject to prevailing wages and related requirements. CONSULTANT is not required to pay prevailing wages and meet related requirements under the California Labor Code and California Code of Regulations in the performance and implementation of the Project if the contract: (1) is not a public works contract; (2) is for a public works construction project of $25,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j); or (3) is for a public works alteration, demolition, repair, or maintenance project of $15,000 or less, per California Labor Code Sections 1782(d)(1), 1725.5(f) and 1773.3(j). SECTION 27. CLAIMS PROCEDURE FOR "9204 PUBLIC WORKS PROJECTS". For Professional Services Rev. Oct 16,2024 Page 8 of 21 Item 10: Staff Report Pg. 13 Packet Pg. 418 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651F-6F1E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 purposes of this Section 27, a "9204 Public Works Project" means the erection, construction, alteration, repair, or improvement of any public structure, building, road, or other public improvement of any kind. (Cal. Pub. Cont. Code § 9204.) Per California Public Contract Code Section 9204, for Public Works Projects, certain claims procedures shall apply, as set forth in Exhibit F, entitled "Claims for Public Contract Code Section 9204 Public Works Projects". ® This Project is not a 9204 Public Works Project. SECTION 28. CONFIDENTIAL INFORMATION. 28.1. In the performance of this Agreement, CONSULTANT may have access to CITY's Confidential Information (defined below). CONSULTANT will hold Confidential Information in strict confidence, not disclose it to any third party, and will use it only for the performance of its obligations to CITY under this Agreement and for no other purpose. CONSULTANT will maintain reasonable and appropriate administrative, technical and physical safeguards to ensure the security, confidentiality and integrity of the Confidential Information. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to its employees, agents and subcontractors, if any, to the extent they have a need to know in order to perform CONSULTANT's obligations to CITY under this Agreement and for no other purpose, provided that the CONSULTANT informs them of, and requires them to follow, the confidentiality and security obligations of this Agreement. 28.2. "Confidential Information" means all data, information (including without limitation "Personal Information" about a California resident as defined in Civil Code Section 1798 et seq., as amended from time to time) and materials, in any form or media, tangible or intangible, provided or otherwise made available to CONSULTANT by CITY, directly or indirectly, pursuant to this Agreement. Confidential Information excludes information that CONSULTANT can show by appropriate documentation: (i) was publicly known at the time it was provided or has subsequently become publicly known other than by a breach of this Agreement; (ii) was rightfully in CONSULTANT's possession free of any obligation of confidence prior to receipt of Confidential Information; (iii) is rightfully obtained by CONSULTANT from a third party without breach of any confidentiality obligation; (iv) is independently developed by employees of CONSULTANT without any use of or access to the Confidential Information; or (v) CONSULTANT has written consent to disclose signed by an authorized representative of CITY. 28.3. Notwithstanding the foregoing, CONSULTANT may disclose Confidential Information to the extent required by order of a court of competent jurisdiction or governmental body, provided that CONSULTANT will notify CITY in writing of such order immediately upon receipt and prior to any such disclosure (unless CONSULTANT is prohibited by law from doing so), to give CITY an opportunity to oppose or otherwise respond to such order. 28.4. CONSULTANT will notify City promptly upon learning of any breach in the security of its systems or unauthorized disclosure of, or access to, Confidential Information in its possession or control, and if such Confidential Information consists of Personal Information, CONSULTANT will provide information to CITY sufficient to meet the notice requirements of Civil Code Section 1798 et seq., as applicable, as amended from time to time. Professional Services Rev. Oct 16,2024 Page 9 of 21 Item 10: Staff Report Pg. 14 Packet Pg. 419 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651F-6F1E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 28.5. Prior to or upon termination or expiration of this Agreement, CONSULTANT will honor any request from the CITY to return or securely destroy all copies of Confidential Information. All Confidential Information is and will remain the property of the CITY and nothing contained in this Agreement grants or confers any rights to such Confidential Information on CONSULTANT. 28.6. If selected in Section 30 (Exhibits), this Agreement is also subject to the terms and conditions of the Information Privacy Policy and Cybersecurity Terms and Conditions. SECTION 29. MISCELLANEOUS PROVISIONS. 29.1. This Agreement will be governed by California law, without regard to its conflict of law provisions. 29.2. In the event that an action is brought, the parties agree that trial of such action will be vested exclusively in the state courts of California in the County of Santa Clara, State of California. 29.3. The prevailing party in any action brought to enforce the provisions of this Agreement may recover its reasonable costs and attorneys' fees expended in connection with that action. The prevailing party shall be entitled to recover an amount equal to the fair market value of legal services provided by attorneys employed by it as well as any attorneys' fees paid to third parties. 29.4. This Agreement, including all exhibits, constitutes the entire and integrated agreement between the parties with respect to the subject matter of this Agreement, and supersedes all prior agreements, negotiations, representations, statements and undertakings, either oral or written. This Agreement may be amended only by a written instrument, which is signed by the authorized representatives of the parties and approved as required under Palo Alto Municipal Code, as amended from time to time. 29.5. If a court of competent jurisdiction finds or rules that any provision of this Agreement is void or unenforceable, the unaffected provisions of this Agreement will remain in full force and effect. 29.6. In the event of a conflict between the terms of this Agreement and the exhibits hereto @er Section 30) or CONSULTANT's proposal (if any), the Agreement shall control. In the event of a conflict between the exhibits hereto and CONSULTANT's proposal (if any), the exhibits shall control. 29.7. The provisions of all checked boxes in this Agreement shall apply to this Agreement; the provisions of any unchecked boxes shall not apply to this Agreement. 29.8. All section headings contained in this Agreement are for convenience and reference only and are not intended to define or limit the scope of any provision of this Agreement. 29.9. This Agreement may be signed in multiple counterparts, which, when Professional Services Rev. Oct 16,2024 Page 10 of 21 Item 10: Staff Report Pg. 15 Packet Pg. 420 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651F-6F1E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 executed by the authorized representatives of the parties, shall together constitute a single binding agreement. SECTION 30. EXHIBITS. Each of the following exhibits, if the check box for such exhibit is selected below, is hereby attached and incorporated into this Agreement by reference as though fully set forth herein: ® EXHIBIT A: SCOPE OF SERVICES ® EXHIBIT B: SCHEDULE OF PERFORMANCE ® EXHIBIT C: COMPENSATION ® EXHIBIT C-1: SCHEDULE OF RATES ® EXHIBIT D: INSURANCE REQUIREMENTS THIS A GREEMENT IS NOT COMPLETE UNLESS ALL SELECTED EXHIBITS ARE A TTACHED. Professional Services Rev. Oct 16,2024 Page 11 of 21 Item 10: Staff Report Pg. 16 Packet Pg. 421 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651F-6F1E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 CONTRACT No. C25195988 SIGNATURE PAGE IN WITNESS WHEREOF, the parties hereto have by their duly authorized representatives executed this Agreement as of the date first above written. CITY OF PALO ALTO City Manager APPROVED AS TO FORM: City Attorney or designee LLOYD CONSULTING GROUP, LLC Officer 1 �t �D�occu�Siig'nAed-by: Wf/vw� By. 896.�fi6PB9FF9 d79... Name: Anthony Stevenson Title: Principal Officer 2 1-___�Q.DocuSiigneId by: J/f7�i 1VUl�l.0) Y. By ll a0Bg264eaae7.^. . Name: Bob Milano, Jr. Title: Principal Professional Services Rev. Oct 16,2024 Page 12 of 21 Item 10: Staff Report Pg. 17 Packet Pg. 422 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651F-6F1E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 EXHIBIT A SCOPE OF SERVICES CONSULTANT shall provide the Services detailed in this Exhibit A, entitled "SCOPE OF SERVICES". Notwithstanding any provision herein to the contrary, CONSULTANT's duties and services described in this Scope of Services shall not include preparing or assisting CITY with any portion of CITY's preparation of a request for proposals, request for qualifications, or any other solicitation regarding a subsequent or additional contract with CITY. CITY shall at all times retain responsibility for public contracting, including with respect to any subsequent phase of this project. CONSULTANT's participation in the planning, discussions, or drawing of project plans or specifications shall be limited to conceptual, preliminary, or initial plans or specifications. CONSULTANT shall cooperate with CITY to ensure that all bidders for a subsequent contract on any subsequent phase of this project have access to the same information, including all conceptual, preliminary, or initial plans or specifications prepared by CONSULTANT pursuant to this Scope of Services. I. Scope of Services Purpose: To compare the performance, costs, and impacts of synthetic and natural turf athletic fields, including their suitability for different age group uses, environmental impacts, and the implications of keeping a synthetic field for five (5) years before conversion to natural grass. Scope: Includes conversion of fields analysis, playability, maintenance costs, injury rates, health hazards, conversion cost, environmental impact, age appropriateness, and additional considerations. The study may include but is not limited to the following elements. Phase 1- Project Kickoff (March 2025) The Community Services Department and CONSULTANT will officially launch the project and begin planning major project activities. This phase will include the following activities: Virtual Project Launch Meeting. The launch meeting with staff from the Community Services Department and the CONSULTANT serves to kick off the project and confirm a shared understanding of the project goals, roles and responsibilities, timeline, activities, commitments, and deliverables as well as to plan for future project activities. In this meeting staff from the Community Services Department will work with the CONSULTANT to identify background documentation for review and key stakeholders to interview. Staff from Community Services and the CONSULTANT to discuss a Comparative Analysis of Synthetic Turf vs. Natural Grass Athletic Fields to gain a thorough understanding of the City's need to review field use practices, operations, maintenance, and potential impacts. Review and comment on the City's current methodologies, processes, and cost models for maintaining, operating, and allocating field use on synthetic and natural grass playing fields. Finalized Work Plan. The CONSULTANT to meet with City staff to refine the project scope, purpose, uses, and goals of the City's Comparative Analysis to ensure that the study will be Professional Services Rev. Oct 16,2024 Page 13 of 21 Item 10: Staff Report Pg. 18 Packet Pg. 423 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651F-6F1E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 accurate and appropriate to the City's needs. Review the project schedule and answer any questions pertaining to the successful development of the study. Phase 2: Analysis & Reporting (March -July) The CONSULTANT to incorporate the comparison of the pros and cons for each type of field (synthetic and natural grass) with a final recommendation of which field type best suits the Community and City. This phase will include the following activities: Present Draft Report. CONSULTANT to present the results to the City's Community Services Division team and make agreed -upon revisions with final approval from the Community Services Director. CONSULTANT will edit report content based on feedback. Prepare a Final Report. Following the presentation of the draft report, CONSULTANT to provide Microsoft Word and PDF files of the Analysis of Synthetic Turf vs. Natural Grass Athletic Fields that are editable and provided to City staff. Models, tables, and graphs should be provided in Microsoft Excel. Prepare and deliver PowerPoint to the City Council to facilitate their understanding of the study and its implications for the City. The following sections 1Jtld be included in the final report: 1. Executive Summary A brief overview of key findings, current conditions, and consultant recommendations. 2. Current Conditions - Overview of existing field conditions and usage patterns. 3. Playability - Usage Intensity: Evaluate how surfaces handle high traffic. - Rentals: Analyze field suitability for events, tournaments, and practices. - Synthetic Turf: Durability and playable hours per week/year. - Natural Grass: Impact of seasons, weather, and overall playability. - Performance Metrics: Surface firmness, consistency, and athletic performance. - Seasonal Variations: Impact of seasonal changes on playability. 4. Maintenance Costs - Wear and Tear: Long-term durability of each surface. - Replacement/Repair Costs: Frequency and cost of repairs for both surfaces. - Weather Resilience: Field performance under extreme weather (rain, drought, etc.). - Climate Suitability: Local climate's impact on surface choices. Professional Services Rev. Oct 16,2024 Page 14 of 21 Item 10: Staff Report Pg. 19 Packet Pg. 424 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651F-6F1E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 - Capital Costs: Initial investments, depreciation, and potential early replacements. 5. Health Hazards - PFAS in Synthetic Turf: Risk assessment of PFAS and infill materials. - Natural Grass: Risks from fertilizers and pesticides. - Surface Temperature: Comparison of temperatures between turf and grass. - Post -Conversion Hazards: Potential residual effects after conversions. - Liability/Regulations: Differences in insurance, liability, and regulatory compliance. 6. Cost of Conversion - Conversion Costs: Demolition, reconstruction, and timeline for switching surfaces. - 5 -Year Comparison: Maintenance costs and revenue impacts over time. - Field Availability: Timeline impact on playability during conversions. 7. Environmental Impact - Synthetic Turf: - Environmental footprint of production and disposal. - Recycling and reuse options for synthetic materials. - Natural Grass: - Water usage and environmental impact of irrigation. - Chemical use and its effects on local ecosystems. - Carbon footprint and sequestration potential. 8. Community and User Feedback - User Experience: Gather feedback from various age groups. - Comfort & Accessibility: Assess ease of use and comfort across activities. - Social & Economic Impact: Analyze the social and economic benefits of each surface. 9. Data Collection & Analysis - Sources: Field surveys, focus groups, existing studies, and industry reports. - Methodology: Outline data collection and comparative analysis methods. - Reporting: Structure of findings, including documentation and presentation format. Phase 3: Ongoing Proiect Management & Communication (March 2025 -August 2025) In this phase, The CONSULTANT will consult with City staff should the need arise, to defend the Study as a result of public meetings. Professional Services Rev. Oct 16,2024 Page 15 of 21 Item 10: Staff Report Pg. 20 Packet Pg. 425 of 462 Docusign Envelope ID: 188A651 F -6F1 E-4DE7-A9B8-0F62E8B336C8 Page 16 of 21 Item 10 Attachment A - Contract with Lloyd Consulting Group, LLC. C25192988 Professional Services Rev. Oct 16,2024 Item 10: Staff Report Pg. 21 Packet Pg. 426 of 462 Docusign Envelope ID: 188A651 F -6F1 E-4DE7-A9B8-0F62E8B336C8 EXHIBIT B SCHEDULE OF PERFORMANCE Item 10 Attachment A - Contract with Lloyd Consulting Group, LLC. C25192988 CONSULTANT shall perform the Services so as to complete each milestone within the number of days/weeks specified below. The time to complete each milestone may be increased or decreased by mutual written agreement of the Project Managers for CONSULTANT and CITY so long as all work is completed within the term of the Agreement. CONSULTANT shall provide a detailed schedule of work consistent with the schedule below within 2 weeks of receipt of the notice to proceed ("NTP") from the CITY. Milestones Completion Date 1. Virtual Kickoff Meeting March 11, 2025 2. Draft Study July 7, 2025 3. City Council Presentation August 4, 2025 Professional Services Rev. Oct 16,2024 Page 17 of 21 Item 10: Staff Report Pg. 22 Packet Pg. 427 of 462 Docusign Envelope ID: 188A651 F -6F1 E-4DE7-A9B8-0F62E8B336C8 EXHIBIT C COMPENSATION Item 10 Attachment A - Contract with Lloyd Consulting Group, LLC. C25192988 CITY agrees to compensate CONSULTANT for Services performed in accordance with the terms and conditions of this Agreement, and as set forth in the budget schedule below. Compensation shall be calculated based on the rate schedule attached as Exhibit C-1 up to the not to exceed budget amount for each task set forth below. CITY's Project Manager may approve in writing the transfer of budget amounts between any of the tasks or categories listed below, provided that the total compensation for the Services, including any specified reimbursable expenses, and the total compensation for Additional Services (if any, per Section 4 of the Agreement) do not exceed the amounts set forth in Section 4 of this Agreement. CONSULTANT agrees to complete all Services, any specified reimbursable expenses, and Additional Services (if any, per Section 4), within this/these amount(s). Any work performed or expenses incurred for which payment would result in a total exceeding the maximum amount of compensation set forth in this Agreement shall be at no cost to the CITY. BUDGET SCHEDULE TASK NOT TO EXCEED AMOUNT Task 1 (Project Kick-off) $7,380 Task 2 (Analysis and Reporting) $128,445 Task 3 (Ongoing Project Management) $25,000 Sub -total for Services $160,825 Reimbursable Expenses (if any) $0 Total for Services and Reimbursable Expenses $160,825 Additional Services (if any, per Section 4) $0 Maximum Total Compensation $160,825 REIMBURSABLE EXPENSES CONSULTANT'S ordinary business expenses, such as administrative, overhead, administrative support time/overtime, information systems, software and hardware, photocopying, telecommunications (telephone, internet), in-house printing, insurance and other ordinary business expenses, are included within the scope of payment for Services and are not reimbursable expenses hereunder. Reimbursable expenses, if any are specified as reimbursable under this section, will be reimbursed at actual cost. The expenses (by type, e.g. travel) for which CONSULTANT will be reimbursed are: NONE up to the not -to -exceed amount of: $0.00. Professional Services Rev. Oct 16,2024 Page 18 of 21 Item 10: Staff Report Pg. 23 Packet Pg. 428 of 462 Item 10 Attachment A - Contract with Lloyd Consulting Docusign Envelope ID: 188A651F-6F1E-4DE7-A9B8-0F62E8B336C8 Group, LLC. 025192988 EXHIBIT C-1 SCHEDULE OF RATES CONSULTANT'S schedule of rates is as follows: Lloyd Principal $225 Lloyd Sr. Associate $195 Lloyd Associate $175 Hogan Principal $225 Hogan Sr. Associate $195 STRI Principal $275 STRI Sr. Associate $225 AMS $250 Professional Services Rev. Oct 16,2024 Page 19 of 21 Item 10: Staff Report Pg. 24 Packet Pg. 429 of 462 Docusign Envelope ID: 188A651 F -6F1 E-4DE7-A9B8-0F62E8B336C8 EXHIBIT D INSURANCE REQUIREMENTS Item 10 Attachment A - Contract with Lloyd Consulting Group, LLC. C25192988 CONSULTANTS TO THE CITY OF PALO ALTO (CITY), AT THEIR SOLE EXPENSE, SHALL FOR THE TERM OF THE CONTRACT OBTAIN AND MAINTAIN INSURANCE IN THE AMOUNTS FOR THE COVERAGE SPECIFIED BELOW, AFFORDED BY COMPANIES WITH AM BEST'S KEY RATING OF A -:VII, OR HIGHER, LICENSED OR AUTHORIZED TO TRANSACT INSURANCE BUSINESS IN THE STATE OF CALIFORNIA. AWARD IS CONTINGENT ON COMPLIANCE WITH CTTY'S INSTTRANCE RFOTTTRFMFNTS AS SPECTFTF.D TIFRFIN. MINIMUM LIMITS REQUIRED TYPE OF COVERAGE REQUIREMENT EACH OCCURRENCE AGGREGATE YES WORKER'S COMPENSATION STATUTORY STATUTORY STATUTORY YES EMPLOYER'S LIABILITY STATUTORY YES GENERAL LIABILITY, INCLUDING BODILY INJURY $1,000,000 $1,000,000 PERSONAL INJURY, BROAD FORM PROPERTY DAMAGE $1,000,000 $1,000,000 PROPERTY DAMAGE BLANKET CONTRACTUAL, AND FIRE LEGAL BODILY INJURY & PROPERTY $1,000,000 $1,000,000 LIABILITY DAMAGE COMBINED. BODILY INJURY $1,000,000 $1,000,000 - EACH PERSON $1,000,000 $1,000,000 YES AUTOMOBILE LIABILITY, - EACH OCCURRENCE $1,000,000 $1,000,000 INCLUDING ALL OWNED, HIRED, PROPERTY DAMAGE $1,000,000 $1,000,000 NON -OWNED BODILY INJURY AND PROPERTY $1,000,000 $1,000,000 DAMAGE, COMBINED YES PROFESSIONAL LIABILITY, INCLUDING, ERRORS AND OMISSIONS, MALPRACTICE (WHEN ALL DAMAGES $1,000,000 APPLICABLE), AND NEGLIGENT PERFORMANCE YES THE CITY OF PALO ALTO IS TO BE NAMED AS AN ADDITIONAL INSURED: CONSULTANT, AT ITS SOLE COST AND EXPENSE, SHALL OBTAIN AND MAINTAIN, IN FULL FORCE AND EFFECT THROUGHOUT THE ENTIRE TERM OF ANY RESULTANT AGREEMENT, THE INSURANCE COVERAGE HEREIN DESCRIBED, INSURING NOT ONLY CONSULTANT AND ITS SUBCONSULTANTS, IF ANY, BUT ALSO, WITH THE EXCEPTION OF WORKERS' COMPENSATION, EMPLOYER'S LIABILITY AND PROFESSIONAL INSURANCE, NAMING AS ADDITIONAL INSUREDS CITY, ITS COUNCIL MEMBERS, OFFICERS, AGENTS, AND EMPLOYEES. I. INSURANCE COVERAGE MUST INCLUDE: A. A CONTRACTUAL LIABILITY ENDORSEMENT PROVIDING INSURANCE COVERAGE FOR CONSULTANT'S AGREEMENT TO INDEMNIFY CITY. II. THE CONSULTANT MUST SUBMIT CERTIFICATES(S) OF INSURANCE EVIDENCING REQUIRED COVERAGE AT THE FOLLOWING EMAIL: PURCHASINGSUPPORTI),CITYOFPALOALTO.ORG III. ENDORSEMENT PROVISIONS WITH RESPECT TO THE INSURANCE AFFORDED TO ADDITIONAL INSUREDS: A. PRIMARY COVERAGE WITH RESPECT TO CLAIMS ARISING OUT OF THE OPERATIONS OF THE NAMED INSURED, INSURANCE AS AFFORDED BY THIS POLICY IS PRIMARY AND IS NOT ADDITIONAL TO OR CONTRIBUTING WITH ANY OTHER INSURANCE CARRIED BY OR FOR THE BENEFIT OF THE ADDITIONAL INSUREDS. Professional Services Rev. Oct 16,2024 Page 20 of 21 Item 10: Staff Report Pg. 25 Packet Pg. 430 of 462 Docusign Envelope ID: 188A651 F -6F1 E-4DE7-A9B8-0F62E8B336C8 CROSS LIABILITY Item 10 Attachment A - Contract with Lloyd Consulting Group, LLC. C25192988 THE NAMING OF MORE THAN ONE PERSON, FIRM, OR CORPORATION AS INSUREDS UNDER THE POLICY SHALL NOT, FOR THAT REASON ALONE, EXTINGUISH ANY RIGHTS OF THE INSURED AGAINST ANOTHER, BUT THIS ENDORSEMENT, AND THE NAMING OF MULTIPLE INSUREDS, SHALL NOT INCREASE THE TOTAL LIABILITY OF THE COMPANY UNDER THIS POLICY. C. NOTICE OF CANCELLATION IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR ANY REASON OTHER THAN THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A THIRTY (30) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. 2. IF THE POLICY IS CANCELED BEFORE ITS EXPIRATION DATE FOR THE NON-PAYMENT OF PREMIUM, THE CONSULTANT SHALL PROVIDE CITY AT LEAST A TEN (10) DAY WRITTEN NOTICE BEFORE THE EFFECTIVE DATE OF CANCELLATION. EVIDENCE OF INSURANCE AND OTHER RELATED NOTICES ARE REQUIRED TO BE FILED WITH THE CITY OF PALO ALTO SENT TO THE FOLLOWING EMAIL: PURCHASINGSUPPORTW,CITYOFPALOALTO.ORG Professional Services Rev. Oct 16,2024 Page 21 of 21 Item 10: Staff Report Pg. 26 Packet Pg. 431 of 462 Item 11 Item 11 Staff Report City Council Staff Report Report Type: INFORMATION REPORTS CITY O F Lead Department: Administrative Services PALO LTO Meeting Date: March 17, 2025 Report #:2501-4011 TITLE City of Palo Alto Monthly Investment Activity Report for February 2024 (Unaudited) ATTACHMENTS Attachment A: February 2025 Monthly Investment Activity Report APPROVED BY: Lauren Lai. Administrative Services Director Item 11: Staff Report Pg. 1 Packet Pg. 432 of 462 Docusign Envelope ID: 6742FDE8-CE63-4734-8C51-39B0E9D0E9FC 2 CITY OF PALO ALTO Item 11 Attachment A - February 2025 Monthly Investment Activity Report CITY OF PALO ALTO MONTHLY INVESTMENT ACTIVITY REPORT February 2025 (Unaudited) TO: Honorable City Council Report Posted at the City's Website: www.cityofpaloalto.org/investmentreporting Above Link on Council Agenda of March 17, 2025 The City's Investment Policy' (Policy) and California Government Code Section 53607 requires that a report of transactions (investments, reinvestment, sold, and exchanged securities) be made available to the Council on a monthly basis. The attached list of transactions (Attachment A) also includes, though not required by the Policy or the government code, security maturities and cash movement activity in the City's two liquid operating cash pool accounts (Local Agency Investment Fund or LAIF and Fidelity accounts). Liquid cash are available on a daily basis but are invested by the two entities in a range of securities (e.g., treasuries, federal agencies, commercial paper, corporate bonds, time deposits, loans, and certificate of deposits/bank notes). This reporting requirement is separate and distinct from the quarterly investment report submitted under California Government Code Section 53646 that includes portfolio composition, a detailed list of all securities, performance compared to the Policy, overall compliance with the Policy, and the City's ability to meet expenditure requirements over the next six months. Prepared by: Approved by: DocuSigned Cby: 3/3/2025 DocuSigned by: CAA 3/4/2025 119CA000B9DF4D1_. 553B497C4A904B9_. Tarun Narayan Date Christine Paras Date Mgr. Treasury, Debt & Asst. Director ASD Investments DocuSigned by. 3/5/2025 C 66236E5C20284BC... Lauren Lai Date Chief Financial Officer ' https://www.cityofpaloalto.org/files/assets/public/v/1/administrative-services/investment-policies/adopted-investment-policy-1-39-asd.pdf Item 11: Staff Report Pg. 2 Packet Pg. 433 of 462 Item 11 Attachment A - February 2025 Monthly Investment Activity Report 1r) N 0 Co _ N N 4O C) to ° m O d o (ci''C^ LL VJ H a r >, U') O > m N C .0, CJ V Q 0 ti 0 N L d 0) C C c m L d 0i m LL U- 0) o C O_ W N O 0 y CO a o 0) M 0 00 N C M C) U C, 00 N w E w N C 0 O. 0 c w O) U �/ 0 0 0 0 o o O 0 0 0 0 S v o (0n M M C) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O O 5) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) 0) O V V V V V V V V V V V V V V V V C N N N N N N N N N N N N (N N N (N 0) 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0) O 0 0 0 0 o O O o o O O o o O O o O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 C) Nn U) N Nn Nn U) N Nn Nn U) N Nn Nn U) N 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N N N N N N N N N N N N N N N N r f0 N N M m r N 0 O U O N O N N O O O N N N N O N N N N N N N N N N N N N N N N O O O O O O O O O O O O O O O O 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 N 0 O 0 N 0 0 N N N 0 N N N O O 0J W C 00 O N N N 0 0 0 �.� 0 0 O N Co C 0) O O (C (0 o c E 7 0 c Y @ Q Y U c m Y A T Y , m m m _CC U C s l0 M U LL N O > 01 @ d Y y Y m '0=< 00 C 0 m L( 3 N m t m O) NL > O a >` N R K d 0) OO N O o 000 L H co`o a E N l0 N p (0 U Z 0) LL LL LL LL m U J Q m 2 LL m_ V N W o O y 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 0 ❑ 0000000000000000 Co z z z z z z z z z z z z z z z z r n N- N- V N V O) R (0 U) 0) N 00 N N r M N (O O n r 0 0 0 N N N N N O) 0) O) 0) O) 0) O) 0) O O O O 0) N N N N N N N N N (N N N (N M (•) (•) (•) U Cc m r R 0 LL lJi Q= U Q N p n 3 2 W fp 0 (0 (0 o) C) U) N N S N- 0) o 0 a N- N a oD r M (N N N a N C) a N ((00 r N (N r 0) O O N- O O) N 7 N O M Z a C) M n (+Nf M O N U) 0 0 U)) r 0 7 0 0 O O O O O o O o o I o 0 0 0 a `0 5)0 U U o C O U_ Rf N C Z 9 m N E o N M � m o m m O U 5)) 0 0 0 0 0 0 NNCN 0 0 0 N N N O O O O O M N N N O N a 0 E (0 .)) . 5 0 0: 0 oI 0 m rn O O 0 01 0J N N u) Z Item 11: Staff Report Pg. 3 Packet Pg. 434 of 462 Item 11 Attachment A - February 2025 Monthly Investment Activity Report N a CO m a U) N O N O c a N T — o 2t5 t R 0 w IL 0. T ' O > N = O T U N t 0 v a v > 2 c i N C LL N N Item 11: Staff Report Pg. 4 0 0) Packet Pg. 435 of 462 CITY OF PALO ALTO TITLE Adoption of a Resolution Responding to Federal Actions Item AA1 Item AA1 Colleagues Memo CITY COUNCIL Colleague's Memo Sponsor(s): Vice Mayor Veenker Councilmember Stone Meeting Date: March 17, 2025 RECOMMENDATION In response to direction from the City Council, the ad hoc committee of Vice Mayor Veenker and Councilmember Stone have prepared and recommend the attached amended Resolution. ATTACHMENTS Attachment A - Resolution Reaffirming Council's Commitment to Palo Alto Values and Interests in the Context of Recent Federal Administration Actions Report #: 2503-4334 Item AA1: Staff Report Pg. 1 Packet Pg. 436 of 462 NOT YET APPROVED Resolution No. Item AA1 Attachment A - Resolution Reaffirming Council's Commitment to Palo Alto Values and nterests in the Context 01 Resolution of the Council of the City of Palo Alto Reaffirming Council's Cons Recent Federal Values and Interests in the Context of Recent Federal Administrat Administration Actions RECITALS A. The Palo Alto City Council has previously adopted values to guide its decision making: 1. Balance revenues and expenses, now and in the future. 2. Are environmentally sustainable, now and in the future. 3. Will integrate equity into our decisions, considering how decisions affect people differently based on their identity or circumstances. 4. Create a healthy, safe and welcoming community for all. 5. Will safeguard public trust through transparent practices and open communication. 6. Will embrace innovation. B. An unprecedented number of Executive Orders have been issued this year, including those that could severely reduce funds and grants upon which Palo Altans rely and diminish federal agencies providing services to Palo Alto, are likely illegal, and are in conflict with our stated values. NOW, THEREFORE, the Council of the City of Palo Alto RESOLVES as follows: SECTION 1. 0 The Council reaffirms its commitment to Palo Alto Values as embodied in its previously -adopted values and previously -adopted legislative guidelines, which support policies that reflect: o Support for transparent government and the rule of law, including respect for court decisions; o Protecting federal grant funding and contracts upon which the City government, businesses, or residents rely; o Support for federal workers and the expertise they deploy in providing valuable services for the City, and oppose unlawful terminations or terminations that put critical services in jeopardy; o Support for climate action and adaptation, environmental justice, natural environment protection, local authority to address climate change, and collaboration regionally, nationally and internationally to accomplish these goals; o Support for protecting sensitive data of the City, our residents, and our businesses, and ensuring that access to critical information and proprietary information is consistent with privacy and proprietary rights; o Support for the safety of Palo Altans by supporting sufficient resources for national security agencies to respond to security threats and prevent domestic terrorism; 20250210 tlr 7161137 Item AA1: Staff Report Pg. 2 Packet Pg. 437 of 462 NOT YET APPROVED Item AA1 Attachment A - Resolution Reaffirming Council's Commitment to o Support for science and access to healthcare, including the PaloAltoValuesand make decisions on issues of scientific protocol and funding Interests in the Context ol o Support measures that protect immigrants from unlawful o Recent Federal Administration Actions deportation efforts; and o Consistent with the Council priority to be a place of belonging for all, foster a diverse and inclusive community and support equity and racial justice. SECTION 2. The City will • Communicate with residents about risks to the City due to federal government activity inconsistent with Palo Alto Values, and about the City's response; • Share this Resolution with our Congressional and State representatives and advocate for and support policies that align with Palo Alto Values; • Collaborate with other cities and counties to advocate for and support policies that reflect our common values; and • Take legal action with Council approval, including bringing or joining lawsuits, or filing or joining amicus briefs, to protect and promote Palo Alto Values; these opportunities may be presented to Council for consideration and approval 1. Per existing colleagues memo practices, including the agendizing of the item for closed session by the City Attorney; or 2. Pursuant to a recommendation from the Policy and Services Committee, which will consider such items in a closed session committee meeting if brought forward by the City Manager or any two council members. SECTION 3. The Council finds that the adoption of this resolution does not meet the definition of a project under Public Resources Code Section 21065, thus, no environmental assessment under the California Environmental Quality Act is required. INTRODUCED AND PASSED: AYES: NOES: ABSENT: ABSTENTIONS: ATTEST: City Clerk Mayor 20250210 tlr 7161137 Item AA1: Staff Report Pg. 3 Packet Pg. 438 of 462 APPROVED AS TO FORM: City Attorney NOT YET APPROVED APPROVED: City Manager Item AA1 Attachment A - Resolution Reaffirming Council's Commitment to Palo Alto Values and nterests in the Context 01 Recent Federal Administration Actions 20250210 tlr 7161137 Item AA1: Staff Report Pg. 4 J Packet Pg. 439 of 462 Item AA2 Item AA2 Staff Report City Council Staff Report Report Type: ACTION ITEMS CITY O F Lead Department: City Manager PALO a LTO Meeting Date: March 17, 2025 Report #:2503-4358 TITLE Approval of the 2025 City Council Priority Objectives, as well as Committee Objectives and Workplans. CEQA Status -- Not a Project. (Item Continued from February 24, 2025 and March 10, 2025 City Council Meeting) This item is a continuation of Agenda Item # 10 on the City Council February 24, 2025 agenda and Item #8 on the City Council March 10, 2025 agenda. The original report and materials may be found here: https://cityofpaloaIto.primegov.com/Portal/Meeting?meetingTemplate Id=15969 RECOMMENDATION Staff recommends the City Council approve: (a) 2025 City Council Priority Objectives, and (b) Committee Objectives and Workplans BACKGROUND On January 25, 2025, the City Council held its annual retreat to discuss and establish the 2025 Council Priorities. The City Council Protocols and Procedures Handbook defines a priority as a topic that will receive significant attention during the year. The City Council established the following Priorities for 2025: • Economic Development & Retail Vibrancy • Climate Action and Adaptation & the Natural Environment Protection • Implementing Housing Strategies for Social and Economic Balance • Public Safety, Wellness & Belonging As has been the City's practice for the past few years, staff has followed the City Council approval of its priorities by developing and recommending for City Council approval a set of objectives to advance each priority throughout the calendar year. These objectives reflect "SMARTIE" principles - Specific, Measurable, Attainable, Relevant, Time -bound, Inclusive, and Equitable. These Objectives primarily consist of City Council actions and engagement and where significant staff resources are required throughout the calendar year to further the Priorities. City Council engagement may include a variety of forms, such as Item AA2: Staff Report Pg. 1 Packet Pg. 440 of 462 Item AA2 Item AA2 Staff Report City Council approval, committee/council ad hoc review and recommendations, legislative advocacy, regional board/committee representation, and budgetary actions. Using the 2024 City Council Priorities and Objectives as a baseline, along with department proposed and City Council suggested objectives during its Annual Retreat, staff has evaluated and included a proposed list for City Council consideration in 2025. In addition to City Council Priorities and Objectives, the City Council evaluates progress on topics and issues of interest through the approval of Committee objectives, both for standing and ad hoc committees. These are also included for consideration and approval. ANALYSIS The proposed 2025 City Council Priority Objectives lists a total of 68 objectives, compared to last year's 78. Attachment A includes the summary table with the following elements to help guide the City Council in its decision making: Carryforward/Revised/New- Objectives annotated by (C) are objectives that are carried over from the 2024 list. (R) are objectives from the 2024 list that may have a second phase to the project and have been revised to reflect 2025 goals. The number designation from the 2024 workplan is shown in parentheses. New Objectives (N) reflect a project that is new in 2025. Objective Description- Summarizes the activity to be accomplished in calendar year 2025, and if needed, a brief sentence describing the project. Once approved, a more thorough description of the project and milestones will return to City Council at a later meeting. Estimated Completion- Reflects the 2025 calendar quarter in which the Objective is expected to be completed, subject to change. Q1 is January -March, Q2 is April -June, Q3 is July - September, and Q4 is October -December. City Council Priority Crossover- Identifies objectives that advance more than one City Council Priority. Funding Needed- Reflects a project that requires additional resources (staffing, capital investment, or professional services) to achieve and complete the activity beyond current budgeted levels. $ - up to 50K, $$ - 51-400K, $$$ - 500K+. Additional resources will be considered for inclusion in the 2025-26 annual budget. Staff Not Recommended- For a variety of reasons, any objectives that may have been carried over from last year or suggested during the Annual Retreat that staff is not recommending be considered in 2025 are identified in Attachment B. Committee Objectives The City Council retreat provided an opportunity to engage in a "big picture" discussion of what the City Council would like to achieve over the year, and how the City's decision -making structure should be used to this end. The City Council selected its ad hoc committees for 2025, with the understanding that these committees will adhere to Brown Act requirements: Item AA2: Staff Report Pg. 2 Packet Pg. 441 of 462 Item AA2 Item AA2 Staff Report • Retail Ad Hoc Committee • Rail Ad Hoc Committee • Cubberley Ad Hoc Committee • Climate Action & Sustainability Ad Hoc Committee Based on the City Council action, staff has drafted Objectives for each of these committees and are provided in Attachment C. In drafting these recommended Objectives, staff used the principles presented at the City Council retreat: • Ad hocs facilitate efficient Council meetings by vetting complex topics in advance • Priorities and assignments, including ad hoc missions (objectives), will be made by the full Council to ensure transparent management of resources • Ad hoc recommendations proceed directly to the full Council, not heard by more than one committee • Recommendations from ad hocs will be developed in public Objectives for the perennial Council Appointed Officers Committee and City/Schools Liaison Committee are also included in Attachment C. Recommended workplans for the standing Policy & Services Committee and Finance Committee are provided in Attachments D and E. As work proceeds over the year, it is likely that changes to committee objectives may be desired. Staff or committees may recommend such changes for City Council approval at any point during the year. FISCAL/RESOURCE IMPACT City Council approval of Priority Objectives does not have an immediate fiscal impact; however, resources will need to be allocated to implement Council Priorities. Opportunities to allocate resources to projects include the FY 2026 annual budget process, with adoption scheduled for June 2025. In addition, the City Council may amend the budget throughout the year. STAKEHOLDER ENGAGEMENT City Council, community and stakeholder engagement is a key area of focus that is woven into the workplans to implement the proposed City Council objectives contained in this report. The City uses the International Association for Public Participation (IAP2) as a guide to structure community participation and align that participation with the type of input or feedback needed based on the project/issue. Workplan engagement typically fit within these general focus areas - Inform: Fact sheets, webpages, blog posts, information sessions, open houses, frequently asked questions, community briefings, and website feedback forms Item AA2: Staff Report Pg. 3 Packet Pg. 442 of 462 Item AA2 Item AA2 Staff Report Consult & Involve: Surveys, focus groups, questions and answer sessions, office hours, public meetings like community meetings, town halls, panel discussions, workshops, and polling Collaborate & Empower: Working groups, ad hoc groups, feedback groups, boards, commissions and committee meetings, community advisory panels, advisory groups, digital engagement platforms, and voter ballot measures. ENVIRONMENTAL REVIEW City Council action on this item is not a project as defined by CEQA because the City Council discussion on 2025 Priority and Committee Objectives are a continuing administrative or maintenance activity. CEQA Guidelines section 15378 (b)(2). ATTACHMENTS Attachment A: Proposed 2025 City Council Priority Objectives Attachment B: 2025 Staff Not Recommended Objectives Attachment C: Committee Objectives Attachment D: 2025 Policy & Services Committee Workplan Attachment E: 2025 Finance Committee Workplan Attachment F: Supplemental Report published February 24, 2025 APPROVED BY: Ed Shikada, City Manager Item AA2: Staff Report Pg. 4 Packet Pg. 443 of 462 Item AA2 Attachment A - Proposed 2025 City Council Priority Objectives O SOON $ v* v> . .n v. .n 4b Eb x x m c x x x x x ■ zb 0 o x x x x x x x x x 0 ■ Tb o v o c � • c , O o 0 o E a . a c— I ° a ` a °' o a o o ° ' ❑ £ u v o o, a o W „'� = On -❑ = O G ❑ to _., '° S v 'O Ot O, ❑, .�M.. = v o w 0', o n E m o. ° 3 o a -. 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N. oon N ClN N N Item AA2: Staff Report Pg. 8 Packet Pg. 447 of 462 Item AA2 Attachment B - 2025 Staff Not Recommended objectives B Staff Not Recommended Objectives For various reasons —including staff capacity to advance, feasibility challenges, or that work is already underway —some objectives from the 2024 Priority Objectives list, previous Council suggestions, or the Annual Retreat suggestions are not recommended to become priority objectives for 2025. Objectives that were part of the 2024 list will have their corresponding number in parentheses at the end of the sentence. These objectives are listed below. Staff will be prepared to respond to any Councilmember's questions. Economic Development and Retail Vibrancy a) Develop and present preliminary options for activating vacant storefronts: Explore regulatory strategy and low friction/barrier permitting for temporary popup stores. (11) b) Facilitate the establishment of sustainable business organization in the Cal Ave, DT, and Midtown districts. (1) c) Council Consideration and Adoption of Parking Permit Policies and Program Updates: Improve Customer Experience, Align with Environmental and Transportation Goals, and Recover Costs. (26) d) Comprehensively Update the City's Zoning Code including policies that support Economic Development Strategies. Reformat for improved readability, update definitions, use categories, development standards and permitting processes. (12) Climate Action and Adaptation & Natural Environment Protection (CA) e) Evaluate the integration of biogas into the gas utility business model and share results with Council and other policymakers. Implementing Housing Strategies for Social & Economic Balance f) Initiate study that identifies options and feasibility of regulations to limit short-term rentals Citywide consistent with Housing Element Programs 4.2D&E. g) Enforcement policy recommendations related to Ghost Houses: Survey existing enforcement mechanisms and Ghost House (extended vacancy) data collection in other jurisdictions and return to Council by end of 2024, consistent with Council direction from November 27, 2023. h) Amend the zoning code to ensure residential uses in commercially zoned areas receive the same protections as those in exclusively residential zones. The City Council on November 13, 2023 supported this request from the Palo Alto Redwoods Homeowners Association. i) Amend the City's Comprehensive Plan Safety Element to align with State law. j) Evaluate and make policy recommendation to Council regarding a partnership with the California Community Housing Agency (CaICHA). CalCHA issues governmental bonds for the purpose of financing projects that provide, preserve and support affordable local housing for low-income, moderate -income and middle -income families and individuals. k) Present options to Council for increasing housing in the California Avenue corridor. Consistent with Council direction from August 14, 2023. Item AA2: Staff Report Pg. 9 Packet Pg. 448 of 462 Item AA2 Attachment B - 2025 Staff Not Recommended NT B Objectives I) Prepare a Coordinated Area Plan or similar for California Avenue. m) Prepare a Coordinated Area Plan or similar for El Camino Real. n) Present options to the City Council that identify and evaluate sources and methods to raise significant funding to support new affordable housing production and preservation. (42) Public Safety, Wellness & Belonging o) Complete next steps for Palo Alto Airport Long Range Planning work. Develop new alternatives considering Council's September 2024 Study Session input, conduct community engagement, and return to Council for review and action. p) Support Caltrain's Corridor Safety and Security Initiatives. (74) Item AA2: Staff Report Pg. 10 Packet Pg. 449 of 462 Item AA2 Attachment C - Committee Objectives ATTACHMENT C 2025 Committee Objectives And Tentative meeting schedules Rail Ad Hoc Committee To meet every other month The Rail Committee reviews the projects and provides recommendations to the City Council based on the Rail Guiding principles adopted by the City Council (August 8, 2022). The projects include: the grade separations and safety improvements at existing crossings, additional east -west bicycle and pedestrian crossings, and quiet zone improvements. Rail committee will review and advance projects for Council approval. With the exception of bicycle and pedestrian railway crossings, all matters related to cycling and pedestrians such as the Bicycle Pedestrian Transportation Plan (BPTP) will be reviewed by the Policy & Services Committee for recommendations to the full City Council. Cubberley Ad Hoc Committee To meet monthly, possibly immediately before the Finance Committee given the membership of both are the same The Cubberley Ad Hoc will ensure the City Council's vision is reflected through the master plan process and serve as the Council ambassador for engagement with the community and building community support for development for a new community center at the Cubberley site. This includes making recommendations to the Council on the future operating model (e.g. services available, approach to fees & charges, space allocation) and master plan that will successfully receive voter support in 2026. Coordination with PAUSD on Cubberley will occur through this committee rather than CSLC. Operations, funding, and ballot measure work (including polling) may be heard by the Finance Committee rather than the Cubberley Ad Hoc for recommendations to the full City Council. Retail Ad Hoc Committee To meet every other month The retail committee will provide a regular forum for business and community stakeholders to engage with Council members on implementation of the City's economic development strategy. The retail committee will make recommendations to the City Council on economic development and retail vibrancy efforts, such as additional business support, proposed University and California Avenue improvements, and citywide retail zoning code changes. Item AA2: Staff Report Pg. 11 Packet Pg. 450 of 462 Item AA2 Attachment C - Committee Objectives ATTACHMENT C Climate Action & Sustainability Ad Hoc Committee To meet monthly The Climate Action & Sustainability Committee will support implementation of the Climate Action workplan items of the Three -Year Sustainability and Climate Action Plan (S/CAP) Workplan and the 2025 Council Priority Objectives for the Climate Action & Adaptation, and Natural Environment Council priority. The Committee will also discuss and provide input on S/CAP implementation strategy leading to Council approval and the development of the Climate Action sections of the upcoming 2026-2027 S/CAP Workplan, including consideration of appropriate actions toward the 2030 Carbon Neutrality goal. Implementation of the Reliability and Resiliency Strategic Plan will continue to be reviewed primarily by the Utilities Advisory Commission (UAC), and recommendations for funding S/CAP programs through the budget process will be made by the UAC and Finance Committee based on priorities established by the Climate Action & Sustainability Committee. Council Appointed Officers Committee Meets as needed The CAO Committee meets on an as -needed schedule to address issues that Council has referred to the Committee related to Council's four direct appointees: the City Manager, City Attorney, City Clerk and City Auditor. For example, the committee may be tasked with duties related to performance evaluations, compensation, and the filling of vacancies. The CAO Committee is to make recommendations to the Council annually regarding the process for CAO evaluations and the selection of the consultant to serve as the facilitator for the CAO evaluations for the year. The CAO Committee is also to schedule the CAO performance evaluations in partnership with staff. City/Schools Liaison Committee Typically meets monthly The City -Schools Liaison Committee is composed of two Councilmembers and two members of the Board of Education of the Palo Alto Unified School District. The committee's purpose is to share information, collaborate, and coordinate on issues related to Palo Alto's school -aged children and youth. Policy & Services Committee: See Attachment D Finance Committee: See Attachment E Item AA2: Staff Report Pg. 12 Packet Pg. 451 of 462 Item AA2 Attachment D - 2025 Policy & Services CITY O F Committee Workplan PALO ALTO ATTACHMENT D POLICY & SERVICES WORKPLAN CALENDAR 2025 As of February 2025 The Municipal Code states that the role of the Council Policy & Services Committee is to consider and make recommendations on matters referred to it by the Council relating to parliamentary and administrative procedures and policy matters pertaining to intergovernmental relations, personnel policies, planning and zoning, traffic and parking, public work, and community and human services. (§2.04.220) The end of the document contains information on the completed 2024 referrals as well as the pending referral with no set date. January • Mayor appoints Committee and designates Chair; no Policy & Services Committee meeting February • Auditor Report: Grant Management Audit • Auditor Report: Utility Billing Audit • Nonprofit Partnerships Workplan • Follow Up from City Council Retreat re Umbrella Operating Strategies March • Auditor Report: Dispatch Assessment • Recommendations for Nonprofit Partnerships Workplan Phase 1 • Auditor Quarterly Report (tentative) • Auditor Task Order Report (if needed) April • Update on Recent Race and Equity Work • Legislative Update (State and Federal) • Referral: Board and Commission Member Onboarding Support • Auditor Report: TBD • Auditor Report: TBD May • Recommended Approval of Safe Streets for All Action Plan • Referral (2024): Establish a frequency for joint City Council meetings or Policy & Services meeting with Boards and Commissions, Youth Council, and meetings with Boards and Commissions Chairs; City of Palo Alto 1250 Hamilton Avenue, Palo Alto, CA. I www.cityofpaloalto.org — February 2025 Item AA2: Staff Report Pg. 13 Packet Pg. 452 of 462 Item AA2 Attachment D - 2025 Policy & Services Committee Workplan • Referral Follow Up: Discussion and Recommendation to Council Regarding Potential ew Procedure for Councilmembers to Make Referrals to Staff • Auditor Report: TBD June • Referral (2024): Review of an annual schedule of repeat items that occur annually on agendas for Policy & Services, Finance Committee, and City Council along with the approximate month they occur • Referral (2024): Policy & Services to review and make recommendations for any initiatives to support and strengthen neighborhood programs (linked to discussions in 2021) • Audit task orders • Tentative: Bicycle Pedestrian Transportation Plan (BPTP) July No meeting; Council break August • Auditor Report: TBD • Auditor Report: TBD • Race and Equity Update Report • Legislative Update (State and Federal) September • Auditor Report: TBD October • Quarterly Audit Status Report November • Auditor Report: TBD • Legislative Agenda and Guidelines (can also go in December) • Quarterly Update on Recent Race and Equity Work December • Auditor Report: TBD • Procedures & Protocols Handbook Discussion (Annual Discussion) • 2026 City Council Priorities Discussion (focused on process, the retreat and submitted ideas) • Informational: Report out on Status of Committee Referrals Completed Referrals (status and date of referral): 1. Public Arts Program Discussion 2. Council Discretionary Funds Policy 3. Discussion of the Creation of the Advisory Committee regarding Council Compensation City of Palo Alto 1250 Hamilton Avenue, Palo Alto, CA. I www.cityofpaloalto.org — February 2025 Item AA2: Staff Report Pg. 14 Packet Pg. 453 of 462 Item AA2 Attachment D - 2025 Policy & Services Committee Workplan 4. Initial Discussion Regarding Potential New Procedure for Council members Pending Referrals: 1. Continued follow up of: Seismic Ordinance Update Previous Council Suggestions: 1. Lead inclusive engagement and outreach to co -create an implementation plan to address homelessness in Palo Alto 2. Explore options to expand RV safe parking, in particular near Geng Road. Present findings to Council 3. Pursue options for ensuring sanitary and safe conditions related to unhoused populations. Relates to efforts to address health and safety impacts of homelessness. City of Palo Alto 1250 Hamilton Avenue, Palo Alto, CA. I www.cityofpaloalto.org — February 2025 Item AA2: Staff Report Pg. 15 Packet Pg. 454 of 462 Item AA2 Attachment E - 2025 Finance Committee I T Y OF Workplan PALO ALTO ATTACHMENT E FINANCE COMMITTEE WORKPLAN CALENDAR 2025 As of February 13, 2025 The Municipal Code states that the role of the Council Finance Committee is to consider and make recommendations on matters referred to it by the Council relating to finance, budget, financial audits, capital planning and debt. (§2.04.210). See the end of the document for information on the completed 2024 referrals as well as the outstanding and on hold referrals to date. January Mayor appoints Committee and designates Chair; usually no FC meeting February No Meeting, City Council meeting scheduled for Cubberley visioning March (4th & 18th) • Planning and Development Services Municipal Fee Update • Real Property Transaction Review • Storm Water Management Fee April (1St & 15th) • Utilities Advisory Commission Rate Forecasts and Five -Year Financial Plans: Gas, Electric, Water, Wastewater Collection • Review Human Services Resource Allocation Program recommended grants after Human Resources Commission Review in March [tentative] May (6th, 7th, & 20th) • Annual Budget Review: Operating and Five-year Capital Improvement Plan o Alternative meeting times (9:00am — 5:00pm) 5/6 and 5/7 • City-wide Municipal Fee Study June (3rd & 17th) • Review Cubberley [tentative] • Third Quarter Fiscal Year 2025 Financial Report • Adoption of Fiscal Year 2025 Investment Policy (to be done by June 30 per code) July No meeting; Council Break City of Palo Alto 1250 Hamilton Avenue, Palo Alto, CA. I www.citvofpaloalto.org Item AA2: Staff Report Pg. 16 Packet Pg. 455 of 462 Item AA2 Attachment E - 2025 Finance Committee Workplan August • Grid Modernization Capital Improvement review issuance of debt for project financing September • Accept California Public Employees' Retirement System (CaIPERS) Pension Annual Valuation. Reports as of June 30, 2024 o Every 3 -4 -year review/decision on pension funding policy assumptions next review scheduled for FY 2026. October November • Informational: Report out on Status of Committee Referrals • Discussion and Recommendation to the City Council to Accept the Macias Gini & O'Connell's Audit of the City of Palo Alto's Financial Statements as of June 30, 2025 and Management Letter • Discussion and Recommendation to Approve the Fiscal Year (FY) 2025 Annual Comprehensive Financial Report (ACFR) and Approve Budget Amendments in Various Funds December • Review and Forward the FY 2027 - FY 2036 Long Range Financial Forecast • First Quarter Fiscal Year 2026 Financial Report • Preliminary Utility Rate Forecast Review Referred Topics: A full report on the status of Finance Committee referrals and the status can be found here, Item 2 on the November 19, 2024 agenda. Completed/Scheduled Referrals 1) JMZ ticket pricing analysis to understand interactions between changes to $18 ticket, attendance, and cost recovery. 2) Planning and Development Services Fee Study [scheduled March 2025] 3) Parking Permits Pricing and Parking Permit Funds Financial Status. [scheduled for FY2026 budget process] 4) Ability Path financial support [addressed in FY2025 Mid -Year Report] 5) Analyze Fire Emergency Medical Response Fee. [scheduled for FY2026 Municipal Fee Schedule] In Progress/Pending Referrals: 6) Fire Emergency Medical Response; Supplemental Resources. [Initial review completed November 2024, additional resources addressed in FY 2025 Mid -Year Report] 7) Review Parks Restroom Prioritization; Specifically, Pardee Park. 8) Active Recruitment Digital Marketing Services (Contract Services) Finance Committee Tentative Topics, Calendar 2025 As of February 13, 2025 Item AA2: Staff Report Pg. 17 Packet Pg. 456 of 462 Item AA2 Attachment E - 2025 Finance Committee Workplan 9) Establish Organizational Development & Safety Division 10) Explore financial, outreach, and policy processes for adding East Palo Alto to resident rates for the golf course 11) Increasing Revenue- Generating CSD Programming to Meet Demand 4 Finance Committee Tentative Topics, Calendar 2025 As of February 13, 2025 Item AA2: Staff Report Pg. 18 Packet Pg. 457 of 462 Item AA2 Attachment F - Supplemental Report published February 24, 2025 City Council Supplemental Report C I T Y O F From: Ed Shikada, City Manager PALO Meeting Date: February 24, 2025 ALTO Item Number: 10 Report #:2502-4185 TITLE Approval of the 2025 City Council Priority Objectives, as well as Committee Objectives and Workplans - Supplemental Information on Attachment B 'Objectives Not Recommended' REPORT UPDATE Attachment B: Objectives Not Recommended provides a list of objectives that been suggested in various venues, but for a variety of reasons, were not included in the proposed 2025 City Council Priority Objectives. Below is the list of objectives not recommended (as outlined in Attachment B), with an added brief bullet point explanation for the reason the objective is not recommended. Economic Development and Retail Vibrancy a) Develop and present preliminary options for activating vacant storefronts: Explore regulatory strategy and low friction/barrier permitting for temporary popup stores. (11) • This work is already underway for pop-up businesses that fall into the same use category. Popups requiring a change of use raise significant building code and potential safety concerns that require additional staff resources to address. b) Facilitate the establishment of sustainable business organization in the Cal Ave, DT, and Midtown districts. (1) • Staff will continue to meet with businesses to engage on key projects and investments, however at this time there is not support from the business community to engage in establishing new or more robust organizations. c) Council Consideration and Adoption of Parking Permit Policies and Program Updates: Improve Customer Experience, Align with Environmental and Transportation Goals, and Recover Costs. (26) • This item is an open referral with the Finance Committee and included in the committee workplan and is already underway. The next schedule discussion will be part of the FY 2026 Item No. 10. Pa e 1 of 3 Item AA2: Staff Report Pg. 19 Packet Pg. 458 of 462 Item AA2 Attachment F - Supplemental Report budget process. Proposed parking program amendments and relevant c published February 24, ill be presented to PTC on March 26, 2025. 2025 d) Comprehensively Update the City's Zoning Code including policies that support Economic Development Strategies. Reformat for improved readability, update definitions, use categories, development standards and permitting processes. (12) • Staff capacity to advance this with the other priority objectives is not feasible given prioritization of Housing Element programs. In addition, significant investment in consultant services would be required. Climate Action and Adaptation & Natural Environment Protection (CA) e) Evaluate the integration of biogas into the gas utility business model and share results with Council and other policymakers. • While not a component of the Sustainability & Climate Action Plan, biogas could support the City's climate goals; however, rising utility rates raise questions about its feasibility. Staff could explore this strategy but would need direction on its desirability at this time. Implementing Housing Strategies for Social & Economic Balance f) Initiate study that identifies options and feasibility of regulations to limit short-term rentals Citywide consistent with Housing Element Programs 4.2D&E. • An Ordinance Adoption is not required by Housing Element until July 1, 2027. This objective is not recommended for approval in 2025 due to limited staff capacity to manage the effort required. Instead, this will be a recommended priority in 2026. g) Enforcement policy recommendations related to Ghost Houses: Survey existing enforcement mechanisms and Ghost House (extended vacancy) data collection in other jurisdictions and return to Council by end of 2024, consistent with Council direction from November 27, 2023. • This objective is not recommended for approval due to limited staff capacity to manage the effort required given prioritization of Housing Element programs. h) Amend the zoning code to ensure residential uses in commercially zoned areas receive the same protections as those in exclusively residential zones. The City Council on November 13, 2023 supported this request from the Palo Alto Redwoods Homeowners Association. • This objective is not recommended for approval due to limited staff capacity to manage the effort required given prioritization of Housing Element programs. i) Amend the City's Comprehensive Plan Safety Element to align with State law. Update will include modifications related to hazards, public safety, emergency response, and climate action to reflect State requirements that have come into effect since 2018. • This project is currently underway and will be reflected in the Planning and Transportation Commission (PTC) workplan for 2025. Item No. 10. Pa e 2 of 3 Item AA2: Staff Report Pg. 20 Packet Pg. 459 of 462 Item AA2 Attachment F - Supplemental Report j) Evaluate and make policy recommendation to Council regarding a partnershi published February 24, Community Housing Agency (CaICHA). CaICHA issues governmental bonds for thd 2025 g projects that provide, preserve and support affordable local housing for low-income, moderate -income and middle -income families and individuals. • This objective is not recommended for approval due to limited staff capacity to manage the effort required given prioritization of Housing Element programs. k) Present options to Council for increasing housing in the California Avenue corridor. Consistent with Council direction from August 14, 2023. • This objective is not recommended for approval due to limited staff capacity to manage the effort required given prioritization of Housing Element programs. I) Prepare a Coordinated Area Plan or similar for California Avenue. • This objective is not recommended for approval due to limited staff capacity to manage the effort required given prioritization of Housing Element programs. m) Prepare a Coordinated Area Plan or similar for El Camino Real. • This objective is not recommended for approval due to limited staff capacity to manage the effort required given prioritization of Housing Element programs. n) Present options to the City Council that identify and evaluate sources and methods to raise significant funding to support new affordable housing production and preservation. (42) • This objective is not recommended for approval due to limited staff capacity to manage the effort required given prioritization of Housing Element programs. Public Safety, Wellness & Belonging o) Complete next steps for Palo Alto Airport Long Range Planning work. Develop new alternatives considering Council's September 2024 Study Session input, conduct community engagement, and return to Council for review and action. • Based on council feedback at the Airport study session and to meet constraints to not expand its footprint, staff are reconsidering planning alternatives while also working to make near - term progress on leaded fuel and noise issues. The Airport long range plan will therefore pause while this work proceeds. p) Support Caltrain's Corridor Safety and Security Initiatives. (74) • Caltrain has begun installing safety fencing along the rail corridor. City staff will support these efforts but are not positioned to lead these investments, and no City Council action is required. APPROVED BY: Ed Shikada, City Manager Item No. 10. Pa e 3 of 3 Item AA2: Staff Report Pg. 21 Packet Pg. 460 of 462 Item 1 �tem 1 Late Packet Repor CITY OF PALO ALTO City Council Staff Report From: City Manager Report Type: SPECIAL ORDERS OF THE DAY Lead Department: City Manager Meeting Date: March 17, 2025 Report #: 2502-4231 TITLE Recognition of Sister City Tsuchiura, Japan and Palo Alto Student Exchange Participants BACKGROUND Proclamation welcoming exchange students and chaperones from Tsuchiura, Japan and acknowledgement of Palo Alto host students as student ambassadors. ATTACHMENTS Attachment A: Welcoming Exchange Students and Chaperones from Tsuchiura, Japan and Acknowledgment of Palo Alto Host Students as Student Ambassadors APPROVED BY: Ed Shikada, City Manager Item 1: Staff Report Pg. 1 Packet Pg. 461 of 462 Item 1 Attachment A - Welcoming Exchange Students and Chaperones from Tsuchiura, Japan and Acknowledgment of Palo Alto Host Students as Student Ambassadors WELCOMING EXCHANGE STUDENTS AND CHAPERONES FROM TSUCHIURA, JAPAN AND ACKNOWLEDGMENT OF PALO ALTO HOST STUDENTS AS STUDENT AMBASSADORS WHEREAS, the exchange program between middle schools is the foundation of the Sister City relationship to promote international and intercultural understanding; and WHEREAS, Palo Alto and Tsuchiura have engaged their middle school students and their families in cultural and educational exchanges; and WHEREAS, the opportunity to host Tsuchiura students here and send Palo Alto students to Tsuchiura, Japan has proven to be mutually beneficial; and; and WHEREAS, the City of Palo Alto thanks the City of Tsuchiura for their warm hospitality extended to Palo Alto students since 1995. NOW, THEREFORE, I, Ed Lauing, Mayor of the City of Palo Alto, on behalf of the City Council, hereby express our heartfelt welcome to Tsuchiura Chaperones: Ms. Kayoko Ozeki, Mr. Kazushi Endo, and Ms. Misaki Kumiko and ten Tsuchiura students: Aoi Koizumi, Erena Chiba, Yui Yamamoto, Navu Masuoka, Nao Yoshimura, Koharu Otsuka, Mei Hirakawa, Aida Itsuki, Yukinori Ishikawa, and Nao Ozeki. FURTHER, we recognize with pride our own students (eleven strong) as Student Ambassadors of the City of Palo Alto: Ava Burrell, Mila Rosen, Victoria Kislitsyn, Malaika Middleton, Madeline Chang, Anya Zhang, Adela Sojan, Mikael Llamas, Joseph Grinkrug, Austin Shovkoplyas, and Klyde Lopez. Presented: March 17, 2025 Ed Lauing Mayor 1: Staff Report Pg. 2 I 1 Packet Pg. 462 of 462