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
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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
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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.
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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
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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.
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*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
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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
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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.
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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
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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.
//
//
//
//
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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City of Palo Alto and SEIU Local 521
January 1. 2025 - December 31. 2027
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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.
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City of Palo Alto and SEIU Local 521
January 1. 2025 - December 31. 2027
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Attachment A - MOA
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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
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City of Palo Alto and SEIU Local 521
January 1. 2025 - December 31. 2027
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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.
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City of Palo Alto and SEIU Local 521
January 1. 2025 - December 31. 2027
Section 6 - Sick Leave Balances.
Item 6
Attachment A - MOA
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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.
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City of Palo Alto and SEIU Local 521
January 1. 2025 - December 31. 2027
Section 2 - Personnel Evaluations.
Item 6
Attachment A - MOA
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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
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City of Palo Alto and SEIU Local 521
January 1. 2025 - December 31. 2027
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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.
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City of Palo Alto and SEIU Local 521
January 1. 2025 - December 31. 2027
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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.
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City of Palo Alto and SEIU Local 521
January 1. 2025 - December 31. 2027
Item 6
Attachment A - MOA
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the City of Palo Alto -
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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
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City of Palo Alto and SEIU Local 521
January 1. 2025 - December 31. 2027
Item 6
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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.
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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)
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City of Palo Alto and SEIU Local 521
January 1. 2025 - December 31. 2027
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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
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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
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City of Palo Alto and SEIU Local 521
January 1. 2025 - December 31. 2027
Item 6
Attachment A - MOA
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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.
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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.
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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
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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
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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
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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.
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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.
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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.
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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.
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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.
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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
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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
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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
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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;
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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.
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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.
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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.
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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.
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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.
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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
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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
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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%).
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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APPENDIX F. RECOVERY OF CITY TRAINING COSTS
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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
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January 1. 2025 - December 31. 2027
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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
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January 1. 2025 - December 31. 2027
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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
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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
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January 1, 2025 - December 31, 2027
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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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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.
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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
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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.
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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
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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
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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.
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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
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January 1, 2025 - December 31, 2027 the City of Palo Alto -
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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
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January 1, 2025 - December 31, 2027 the City of Palo Alto -
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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).
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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.
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City of Palo Alto and SEIU Local 521
January 1, 2025 - December 31, 2027
Section 6 - Clean -Up Time
Item 6
Attachment B - MOA
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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,
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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
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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
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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
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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
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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.
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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.
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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
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City of Palo Alto and SEIU Local 521
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(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)
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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:
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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
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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
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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
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January 1, 2025 - December 31, 2027 the City of Palo Alto -
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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
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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
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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)
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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.
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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.
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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.
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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.
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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
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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.
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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.
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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.
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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).
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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.
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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
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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
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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.
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• 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.
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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.
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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.
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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.
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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
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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
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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.
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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
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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
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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.
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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.
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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
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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.
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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.
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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.
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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
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191:1�1kWK912Jet1197Ie1%(SIP
Ed Shikada, City Manager
Molly Stump, City Attorney
Charles Sakai, Chief Negotiator
Sandra Blanch
Ben Farnsworth
Sandhya Uthup
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City of Palo Alto and SEIU Local 521
January 1, 2025 - December 31, 2027
Nathan McClure
Jose Vigil
Wesley Patnesky
Kevin Carley
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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%).
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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.
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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.
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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
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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.
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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.
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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.
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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.
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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.
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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
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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.
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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
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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
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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
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Item 6
Attachment C - Salary
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Item 6
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Item 6
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Item 6
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Item 6: Staff Report Pg. 206 Packet Pg. 249 of 462
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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)
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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
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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
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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.
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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.
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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.
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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".
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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
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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.
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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.
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Item 7
Attachment D - New York
Life Insurance (Life
Docusign Envelope ID: E53712CE-EC89-4481-950B-C134CEB3C27E Disability), Contract
C25191558
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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
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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
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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)
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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
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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
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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.
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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:
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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
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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.
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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.
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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
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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
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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)
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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.
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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.
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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
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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.
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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.
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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.
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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
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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
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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
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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
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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
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Map
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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:
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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
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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]).
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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
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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.
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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
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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.
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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.
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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
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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.
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-- Robert Neff
Palo Alto
Development plans are here:
https://www.cityofpaloalto.org/partments/Planning-Development-Services/Current-
PlanningLjects/43334335-and-4345-El-Camino-Real
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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
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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.
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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
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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.
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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.
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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
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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
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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
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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
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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
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Attachment A - Contract
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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.
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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.
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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:
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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
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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
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�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
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Item 11: Staff Report Pg. 3
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Item 11
Attachment A - February
2025 Monthly Investment
Activity Report
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Item 11: Staff Report Pg. 4
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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
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Item AA2
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Item AA2
Attachment A - Proposed
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Item AA2
Attachment A - Proposed
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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.
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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
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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
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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
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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
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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
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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
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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
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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
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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.
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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
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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
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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
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